The property offered in this sale will be offered and sold by Coalition for the Homeless (“the Charity”). Any questions should be directed to the Charity. The following terms and conditions, as amended by any posted notices or oral announcements during the sale, govern the sale of all the property offered at the auction:
1. (a) The Charity does not assume any risk, liability or responsibility for the authenticity of the authorship of any property offered at this auction (that is, the identity of the creator or the period, culture, course or origin, as the case may be, with which the creation of any property is identified). (b) ALL PROPERTY IS SOLD “AS IS” AND THE CHARITY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROPERTY, AND IN NO EVENT SHALL IT BE RESPONSIBLE FOR THE CORRECTNESS OF ANY CATALOGUE OR NOTICES OR DESCRIPTIONS OF PROPERTY, NOR BE DEEMED TO HAVE MADE, ANY REPRESENTATIONS OR WARRANTY OF PHYSICAL CONDITION, SIZE, QUALITY, RARITY, IMPORTANCE, OR GENUINENESS, ATTRIBUTION, AUTHENTICITY, PROVENANCE OR HISTORICAL RELEVANCE OF THIS PROPERTY. No statement in any catalogue, website, notice or description or made at the sale, in any bill of sale invoice or elsewhere, shall be deemed such a representation of warranty or any assumption of liability. The Charity does not make any representation or warranty, expressed or implied, as to whether the purchaser acquires any reproduction rights in the property. Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored.
2. Any property may be withdrawn by the Charity at any time before the actual sale without any liability therefore.
3. The Charity reserves the right to reject a bid from any bidder. The highest bidder acknowledged by the auctioneer shall be the purchaser.
In the event of any dispute between bidders the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. In the event of any dispute between bidders in the silent auction, the Charity and their auction consultants shall have sole and final discretion in determining the winning bidder. Bids placed after the announced closings of the silent auction sections are not valid. If any dispute arises after the sale, the Charity’s sale records shall be conclusive in all respects.
4. If the auctioneer determines that any opening bid is not commensurate with the value of the article offered, s/he may reject the same and withdraw the article from the sale, and if, having acknowledged an opening bid, s/he decides that any advance thereafter is insufficient, s/he may reject the advance.
5. (a) In the case of the Live Auction, on the fall of the auctioneer’s hammer, the highest bidder shall be deemed to have purchased the offered lot subject to all of the conditions set forth herein. (b) Items in the Silent Auction may be bid on by filling out the available “Bid Sheet,” i.e. name and registered bidder number. The amount of the bid must be equal to or exceed the required increment as shown on the Bid Sheet and must be in round dollar amounts. All signed bids are binding and successful bidders will be notified at the end of the auction. At the close of the Silent Auction, the highest bidder shall be deemed to have purchased the offered lot subject to all of the conditions set forth herein. (c) Upon purchase, the highest bidder thereupon also (I) assumes the risk and responsibility thereof (including without limitation damage to frames or glass covering the prints), (II) will sign a confirmation of purchase thereof and (III) will pay the full purchase price therefore or such part as the Charity may require. (d) ALL PROPERTY SHALL BE REMOVED FROM THE CHARITY’S PREMISES BY THE PURCHASER AT HIS/ HER EXPENSE AT THE END OF THE AUCTION UPON PAYMENT, OR IF NOT SO REMOVED, WILL BE SENT BY THE CHARITY AT THE EXPENSE OF THE PURCHASER TO A STORAGE LOCATION DETERMINED BY THE CHARITY FOR THE ACCOUNT, RISK AND EXPENSE OF THE PURCHASER AND SUCH ADDED CHARGES WILL THEN BE ADDED TO THE PURCHASE PRICE OF THE OBJECT. If the foregoing conditions and other applicable conditions are not complied with, in addition to other remedies available to the Charity by law, including, without limitation, the right to hold the purchaser liable for the bid price, the Charity at their option, may either (i) cancel the sale, or (ii) resell the property on three days notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for payment of any deficiency, all other charges due hereunder and incidental damages.
6. Any checks should be made payable to Coalition for the Homeless.
7. (a) In the case of order bids, absentee bids, bids transmitted by telephone or bids transmitted via the internet, the Charity is not responsible for any errors or omissions in connection to such bids.
(b) All lots are offered with set reserves. It is also understood that a seller, its principal, representations, employees or agents may bid on any property being offered for sale.
8. If the work becomes available for resale, PURCHASER agrees that the work will be offered back to the ARTIST OR GALLERY at fair market value. THE ARTIST OR GALLERY reserves the right of refusal to purchase this work at fair market value. PURCHASER may be required to sign a document provided by THE ARTIST OR GALLERY confirming this agreement.
(a) For the sale of the JACK PIERSON work, TITHE, 2012, the PURCHASER agrees not to re-sell the work within ten (10) years from the date of purchase, or until November 7, 2022. The PURCHASER of the Pierson work will be required to sign a written agreement to this condition.
(b) For the sale of the JENNY HOLZER work, Selection from Survival: Turn Soft and Lovely…, 2005, the PURCHASER agrees not to re-sell the work within ten (10) years from the date of purchase, or until November 7, 2022. The PURCHASER of the Holzer work will be required to sign a written agreement to this condition.
(c) For the sale of the ED RUSCHA work, ZIP ANGLE, 2012, the PURCHASER agrees to grant the artist's studio or gallery (Gagosian Gallery) "First Right of Refusal" if ever de-acquisitioning (selling) the work. The PURCHASER of the Ruscha work will be required to sign a written agreement to this condition.
9. Pursuant to Section 1116(A) of the New York Sales Tax Law, no New York State or local sales tax is required on the purchase of lots offered for sale by the Charity, as long as such purchases are delivered within the state of New York.
10. In the Silent Auction, artwork sales that have not been paid in full within 14 days of the auction date may be cancelled and the artwork may be offered to the next highest bidder. Successful winning bidders in the silent auction who are not present at the close of the auction will be notified by the Charity and will be expected to make payment to the Charity and to pick up the purchased lot from the Charity in a timely manner.