Conditions of Sale

Conditions of Sale

  1. The lots listed in this catalog will be offered by Clarke Auction Gallery, Inc. dba C&C Auctions as owner or as agent for consignor(s) subject to the following terms and conditions:
  2. All property is sold as is, where is and without recourse, and neither the consignor(s) nor Clarke Auction make any representations or warranties, expressed or implied, with respect to size, count, weight, style, authenticity, period material, or manufacturer copyright or reproduction right or any other warranty except as specified below on any lot sold. All measurements and weights are approximate.  All glassware is sold as is; we cannot check every piece for chips. Clarke Auction is not responsible for damage of glass covering paintings, drawings, and other works or art, or frames, regardless of cause. Clarke Auction will not guarantee the authenticity of any signature unless so stated at the time of auction. We will only guarantee the medium in which the particular work is executed. We are not responsible for typographical errors.
  3. The catalog listings are meant as a descriptive guide only.  Buyers are encouraged to use the preview to examine merchandise.
  4. Clarke Auction reserves the right to withdraw, combine, or divide any lot at its sole discretion prior to the commencement of bidding.
  5. The purchase price payable by the buyer shall be the sum of the final bid plus a buyer’s premium of 22%, discounted to 20% for payments by cash, check or wire transfer within 5 business days of the sale.
  6. Purchases are subject to 7.375% Westchester County/New York State sales tax with the following exceptions: (a) items shipped outside of New York State by a trucking or shipping company are exempt from state and local sales tax, (b) registered re-sellers are also exempt from state and local sales tax, however, completed resale certificates must be provided to Clarke Auction prior to the time of purchase.
  7. A small percentage of lots may have a reserve price, which is the confidential minimum price below which such lot will not to be sold. No reserve will exceed the low estimate of the lot. Reserves are agreed upon between consignors and Clarke Auction.
  8. The auctioneer may execute bids on behalf of absentee bidders and on behalf of consignors up to a reserve price.
  9. Clarke Auction reserves the right to reject any bid, as well as the right to refuse to acknowledge any bidder. The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of a dispute between bidders, the auctioneer has the final discretion to determine the successful bidder or to re-offer the lot in dispute. If any dispute arises after a sale, Clarke Auction sale record shall be conclusive.
  10. No auction lot may be removed during the sale or at any time until the full purchase price has been paid. All lots must be paid and removed at the buyer’s expense within 10 business days of sale or they are subject to a storage fee of $10.00 per lot, per day. If payment is not made within 10 days of sale date, Clarke Auction reserves the right to charge your Visa, Mastercard or Discover card. Clarke Auction will not be held responsible for loss or damage to items left on premises over 10 business days. Clarke Auction reserves the right to re-auction, without reserve, items not removed within 30 days.
  11. Clarke Auction is not responsible for shipping.  All shipping is to be arranged and paid by successful bidders. Upon request, Clarke Auction will provide buyers with a list of recommended shippers.
  12. If for any reason a purchased lot cannot be delivered/picked up in the condition it was in at the time of sale, or should any purchased lot be stolen or lost prior to delivery/pick up, Clarke Auction shall not be liable for any amount in excess of that paid by the purchaser. However, we are not responsible for the acts or omissions of carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots by us is at the entire risk of the purchaser and Clarke Auction will have no liability for any loss or damage to such items.
  13. Employees of Clarke Auction are not prohibited from bidding. It is possible, that through their employment, they may have access to information not available to the public.
  14. Clarke Auction reserves the right to hold purchases until buyer’s check clears our bank. Returned checks are subject to a $50.00 service charge.
  15. Acceptable forms of payment include cash, check, money order, Visa MasterCard, Discover, and bank wire transfer. Credit card payments by phone are NOT accepted; cards must be swiped in person in our gallery.