Conditions of Sale
All property offered and sold through Elite Decorative Arts, ("Auctioneer", or "Broker", or the "Company") shall be offered and sold on the terms and conditions set forth in these Conditions of Sale. By participating in any sale, you acknowledge that you are bound by these terms and conditions.
Elite Decorative Arts has made every effort to catalogue and describe accurately property to be sold. The Company, however, assumes no risk, liability or responsibility for the identification or authenticity or authorship, or weight, count, or measure of any property identified in its catalogue or lists of sale. This shall include, among others, the identity of the creator, the period, culture, source of origin, as the case may be, with which the creation of any property is identified in any publication.
ALL PROPERTY IS SOLD "AS IS". THE CONSIGNOR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO ANY PROPERTY OFFERED FOR SALE, SINCE THE AUCTIONEER IS ACTING SOLELY AS AN AUCTION BROKER, AND, UNLESS OTHERWISE STATED, DOES NOT OWN THE PROPERTY OFFERED FOR SALE. THEREFORE, THE AUCTIONEER MAKES NO WARRANTY OF TITLE, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY.
THERE WILL BE A 21% BUYERS PREMIUM APPLIED TO ALL SALES PLUS AN ADDITIONAL 3% FOR ONLINE BIDS WITH LIVE AUCTIONEERS AND ELITEAUCTION.COM (24%) AND AN ADDITIONAL 5% FOR ONLINE BIDS WITH INVALUABLE OR AUCTIONZIP (26%). ALL DEALERS MUST PRESENT A FLORIDA RESALE CERTIFICATE PRIOR TO ACCEPTANCE OF A BIDDERS CARD FOR TAX EXEMPTION, OR A 6% FLORIDA SALES TAX WILL BE APPLIED. THERE ARE NO EXCEPTIONS.
In no event shall it be responsible for the correctness, nor deemed to have made any representation or warranty of description, genuineness, attribution, provenance or condition of the property and no statement by anyone or in the catalogue, in any advertisement, or which is made at the sale, in the bill of sale or invoice, or elsewhere, shall be deemed such a warranty or representation or an assumption of liability. Without in any way waiving the foregoing, any complaint regarding authenticity, genuineness, attribution or provenance shall be made within twenty-five (25) days of the day of sale or such complaint shall be waived. All bidders acknowledge their right to have made or requested full inspection of any and all properties prior to sale and agree to be charged with all matters such inspection may have disclosed or indicated. Inspection on the day of sale will be permitted only upon prearrangement with the COMPANY.
Elite Decorative Arts reserves the right to withdraw any property at any time before the fall of the hammer in its sole and exclusive discretion.
The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have the sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after sale, the Company's sale record shall be conclusive in all respects.
If the auctioneer determines that any opening or later bid or any advance of bidding is not commensurate with the value of the article offered, the auctioneer may reject the same and withdraw the article from sale.
Upon the fall of the hammer, title to any offered lot or article will immediately pass to the highest bidder as determined in the exclusive discretion of the auctioneer. Such bidder thereupon assumes full risk and responsibility for the property sold, agrees to sign any requested confirmation of purchase, and agrees to pay the full purchase price therefore or such part upon such terms as the Company may require. All property shall be paid for and removed by the purchaser at his/her expense within seven (7) days of sale and, if not so removed, may be sold by the Company, or sent by the Company to a public warehouse, at the sole risk and charge of the purchaser(s), and the Company may prohibit the purchaser from participating, directly or indirectly, as a bidder or purchaser in any future sale or sales. The Company will not be responsible for any loss, damage, theft, or otherwise responsible for any goods left in the Company's possession after seven (7) days. If the foregoing conditions or any applicable provisions of law are not complied with, in addition to other remedies available to the Company and the Consignor (including without limitation the right to hold the purchaser(s) liable for the bid price) the Company, at its option, may either cancel the sale, retaining as liquidated damages all payments made by the purchaser(s), or resell the property. In such event, the purchaser(s) shall remain liable for any deficiency in the original purchase price and will also be responsible for all costs, including warehousing, the expense of the ultimate sale, and the Company's commission at its regular rates together with all related and incidental charges, including legal fees. Payment is a precondition to removal. Payment shall be by cash, certified check or similar bank draft, or any other method approved by the Company. Checks will not be deemed to constitute payment until cleared. The Company will charge interest of one and one-half percent (1 1/2%) per month on any balance remaining thirty (30) days after the day of sale. Any exceptions must be made upon the Company's written approval of credit prior to sale.
Unless the sale is advertised and announced as "without reserve", each lot is offered subject to a reserve and the Company may implement such reserves by bidding through its representatives on behalf of the Consignors. In certain instances, the Consignor may pay less than the standard commission rate where the Company or its representative is a successful bidder on behalf of the Consignor. Where the Consignor is indebted to the Company, the Company may have an interest in the offered lots and the proceeds there from other than the broker's Commissions, and all sales are subject to any such interest.
No "buy" bids shall be accepted at any time for any purpose.
Any pre-sale bids must be left in writing with the Company prior to commencement of offer of the first lot of any sale. The Company's copy of any such bid shall conclusively be deemed to be the sole evidence of same, and the Company shall not be held responsible for any failure to execute any pre-sale bid.
Elite Decorative Arts does not provide shipping services or shipping estimates. Clients are welcome to pick up their items from our location or make their own shipping arrangements. However, please be aware that items not picked up or shipped within thirty days following an auction will be repossessed by Elite Decorative Arts.
The majority of property offered at Elite Decorative Arts comes directly from estates and private collections, and may show signs of use and age. The absence of condition remarks in the description DOES NOT mean the item is in perfect condition. We encourage you to thoroughly examine the property before bidding. If you cannot personally inspect a lot, you may request a Condition Report prior to bidding. This service is provided for guidance only, without legal obligation. All lots are sold "AS IS" and there will be NO RETURNS BASED ON CONDITION. Again, prospective buyers are in ALL CASES responsible for determining the physical condition of lots as there are NO RETURNS based on condition. Elite Decorative Arts does not provide shipping services or shipping estimates. Clients are welcome to pick up their items from our location or make their own shipping arrangements. However, please be aware that items not picked up or shipped within thirty days following an auction will be repossessed by Elite Decorative Arts. Credit cards will not be accepted for international buyers or any invoice over $5,000. All measurements are approximations.
Import and Export Regulations Regarding Tangible Property
The United States and most foreign countries regulate the importation and exportation of tangible property. Many countries require a declaration of export for property that is leaving the country. Additionally, most countries require an Import Declaration at the time of customs clearance of property into that country. Upon import, these countries may impose duties, other taxes and/or restrictions on the property. Many countries also prohibit or restrict importation or exportation of property containing ivory, tortoiseshell, whalebone, Coral and/or products derived from other endangered or protected species, and require special licenses or permits in order to import or export such property. Other countries regulate movement of antiquities and cultural items, which in some cases are subject to a right of pre-emption or compulsory purchase by the country from which they are to be exported. It is the responsibility of the seller to ensure that the item is properly and lawfully exported from the country in which it is located. It is the responsibility of the buyer to ensure that the property is properly imported into the buyer's country. If you participate in the auction or commerce portions of the Web site, and, as a result, purchase property that you plan to ship to another country, you agree that you are responsible for familiarizing yourself with and complying with any and all applicable rules and regulations.
THE COMPANY MAKE NO REPRESENTATION OR WARRANTY AND ACCEPTS NO LIABILITY WHATSOEVER TO THE SELLER, THE BUYER, OR ANY THIRD PARTY IN RESPECT OF THE AVAILABILITY OR ISSUANCE OF VALID IMPORT AND EXPORT PERMITS OR THE EXISTENCE OR EXERCISE OF PRE-EMPTION OR OTHER RIGHTS TO PURCHASE BY GOVERNMENTAL OR REGULATORY AUTHORITIES ANYWHERE.
Today, we are seeing unprecedented levels of poaching of elephants, which is endangering the species as a whole. Elite Decorative Arts unequivocally condemns the slaughter of elephants for illegal elephant ivory. Elite Decorative Arts will not sell modern ivory, or unworked tusks of any age.
Our responsibility is to ensure that illegal ivory cannot be sold at Elite Decorative Arts. We sell historic objects of cultural and artistic importance, some of which contain ivory or are made wholly of ivory, such as 18th century furniture, objects of virtue, medieval, renaissance and later ivory sculpture, Japanese netsuke, and 18th century silverware. Ivory was commonly used in the decorative arts, when the elephant population was not under threat. We believe that the sale of these culturally significant works of art does not contribute to the current illegal elephant ivory trade, which is driven largely by the demand for contemporary religious, tourist and trophy pieces.
In selling historic cultural objects which incorporate ivory, we are careful to abide by all global and local laws designed to protect elephants. In particular we operate in accordance with the CITES international convention and with all relevant national, federal and state regulations wherever we operate.
Our specialists carry out stringent due diligence on the provenance of all such objects in order to satisfy ourselves that these strict criteria are met. Our intention is that no objects that pass through our hands are the product of the illicit trade in ivory.
Elite Decorative Arts adheres to the clear legal distinction between the antique objects of cultural and artistic value and the unacceptable, illegal market for new ivory.
By making our position clear we hope to raise awareness and to encourage responsible behaviour in buyers and sellers wherever they might trade in ivory objects.