The following Conditions of Sale and Terms of Guarantee are Miamian Auctions House, Inc and the Consignor’s entire agreement with the purchaser and any bidders relative to the property listed in this e-catalogue.
The Conditions of Sale, Terms of Guarantee, the glossary, if any, and all other contents of this e-catalogue are subject to amendment by us by the posting of such amendments on the Miamian Auctions House website (www.miamianauctions.com) or on any of our partners’ e-catalogue. The property will be offered by us as agent for the Consignor, unless the e-catalogue indicates otherwise.
By participating in any sale, you acknowledge that you agree to the present conditions and that you are bound by these Conditions of Sale and Terms of Guarantee.
Buyers will pay in addition to the auction, the following fees: 22% for all bidders + live fees.
1.As Is / Goods auctioned are often of some age. The authenticity of the authorship of property listed in the e-catalogue or any other medium is not guaranteed. All property is sold « AS IS » without any representations or warranties by us or any intermediary or subsidiary, as to merchantability, fitness for a particular purpose, the correctness of the e-catalogue or other description of the physical condition, size, quality, rarity, importance, medium, frame, provenance, exhibitions, literature or historical relevance of any property and no statement anywhere, whether oral or written, whether made in the e-catalogue, an advertisement, a bill of sale, or elsewhere, shall be deemed such a warranty.
We and the Consignor make no representations and warranties, express or implied, as to whether the purchaser acquires any copyrights, including but limited to, any reproduction rights in any property. We and the Consignor are not responsible for errors and omissions in the e-catalogue, glossary, or any supplemental material. Miamian Auctions House will not be responsible for damage to frames and glass coverings, regardless of the cause.
2.Inspection : Prospective bidders should inspect the property (work of art, painting, sculpture, item of furniture, etc…) before bidding to determine its condition, size, and whether or not it has been repaired or restored. Where no exhibition is held for an online-only auction, you may contact us to arrange inspection or ask for a detailed condition’s report.
3.Withdrawal : We reserve the right to withdraw any property before, during and after the sale and shall have no liability whatsoever for such withdrawal.
4.Per Lot : Unless othewise stated, all bids are per lot as numbered in the e-catalogue.
5.Bidding : When you click on ‘Place a bid’ on a lot, you will be prompted to either log in to your Miamian Auctions House account, or to create such an account (on the online auction platform) if you do not already have one. Once you have either created an account or logged into your account, you will be presented with the Conditions of Sale for the auction in which that lot is offered. Once you have accepted the Conditions of Sale, you may proceed with placing a bid on that lot or any other lot in that auction. All bids placed in that auction are governed by the Conditions of Sale for that auction.
As soon as you place and confirm your bid amount, your bid is submitted. You accept and agree that bids submitted by you are final. Neither Miamian Auctions House nor the Consignator is responsible for any errors in bidding. We reserve the right to reject any bid. The highest bidder acknowledged by the Miamian Auctions House online bidding system will be the purchaser. Miamian Auctions House has absolute and sole discretion in the case of error or dispute with respect to bidding, and whether during or after the sale, to determine the successful bidder, to re-open the bidding, to cancel the sale or to re-offer the item.
By participating in the sale, you represent and warrant that any bids placed by you, or on your behalf, are not the product of any collusive or other anti-competitive agreement and are otherwise consistent with federal and state antitrust law.
Miamian Auctions House reserves the right, in our sole discretion, to refuse your participation in the auction or to revoke your permission to participate before, during or after the sale. Bidders are responsible for making themselves aware of all available notices, which will be posted online or for taking external advice.
6.Closing Bidding : Bids may be submitted from the start of the auction until bidding on the specific lot closes.
7.Bids Below Reserve : If you place a bid below the reserve of the article offered, you will be informed by a message. You will then be able to place a higher bid if you wish to do so. No bidder can successfully win the lot below the reserve.
8.Cancelling Bids : A bidder may cancel a bid during an online-only sale by contacting Miamian Auctions House Bids Department at firstname.lastname@example.org. Bids may be cancelled up to twelve hours before closing time of an online-only auction. Bids placed during live auctions are final and irreversible.
9.Record of Sale : The record of sale kept by Miamian Auctions House will be taken as absolute and final in all disputes. In the event of a discrepancy between any online records or messages provided to you and the record of sale kept by Miamian Auctions House, the record of sale will govern.
Successful bidders will be notified and invoiced by Miamian Auctions House after the sale. In the event of any discrepancy between any online purchase information and the invoice sent to you by Miamian Auctions House following the sale, the invoice prevails.
10.Purchaser’s Responsability : At the close of a lot, the contract between the consignor and the purchaser is concluded, and the winning bidder thereupon will immediately pay the full purchase price or such part as we may require. Title in a purchased lot will not pass until Miamian Auctions House has received the full purchase price in cleared funds. The purchaser’s obligation to immediately pay the full purchase price or such part as we may require is absolute and unconditional and is not subject to any defenses, setoffs or counterclaims of any kind whatsoever. In addition to other remedies available to us by law, we reserve the right to impose from the date of sale a late charge of the annual percentage of Prime of +6% of the total purchase price. Please note Miamian Auctions House reserves the right to refuse to accept payment from a source other than the buyer of record.
Unlesse otherwise agreed by Miamian Auctions House, all property must be removed from our premises by the purchaser at his expense not later than 30 calendar days following its sale. Purchasers are reminded that Miamian Auctions House liability for loss or damage to sold property shall cease upon the earlier of :
a) 30 calendar days after the date of the auction, and
b) our release of the property to the purchaser or the purchaser’s designated agent.
Upon the expiration of such 30 calendar day period or upon such earlier release as applicable, (i) the purchaser bears full liability for any and all loss of or damage to the property ; (ii) the purchaser releases Miamian Auctions House, its affiliated companies, agents and warehouses from any and all liability and claims for loss of or damage to the property ; and (iii) the purchaser agrees to indemnify and hold Miamian Auctions House, its affiliated companies, agents and warehouses harmless from and against any and all liability for loss of or damage to property and any all claims related to loss of or damage to the property as of and from and agter the time Miamian Auctions House liability for loss or damage to the property ceases in accordance with this paragraph. If any applicable conditions herein are not complied with by the purchaser, the purchaser will be in default and in addition to any and all other remedies available to us and the Consignor by law, including, without limitation, the right to hold the purchaser liable for any and all costs. In any case, the purchaser will be liable for any deficiency, any and all costs, handling charges, late charges, expenses of both sales, our commissions on both sales, at our regular rates, legal fees and expenses, collection fees and incidental damages. We may, in our sole discretion, apply any proceeds of sale then due or thereafter becoming due to the purchaser from us or any affiliated company, or any payment made by the purchaser to us or any affiliated company whether or not intended to reduce the purchaser’s obligations with respect to the unpaid lot or lots, to the deficiency and any other amounts due to us or any affiliated company.
11. Reserve : Unless otherwise indicated, all lots in this e-catalogue are offered subject to a reserve, which is the confidential minimum hammer price at which a lot will be sold. No reserve will exceed the low presale estimate stated in the e-catalogue, or as amended by notices posted on Miamian Auctions House website. If you place a maximum bid that equals or exceeds the reserve on a lot for which the reserve has not already been met, the system will automatically raise the current bid to meet the reserve price.
12.Taxe : Unless exempted by law, the purchaser will be required to pay the combined Florida State and local sales tax, any applicable compensating use tax of another state, and if applicable, any federal luxury or other tax, on the total purchase price.
13.Export and Permit : It is the purchaser’s sole responsability to identify and obtain any necessary export, import, firearm, endangered species or other permit for the lot. Any notices in the sale e-catalogue reflect Miamian Auctions House reasonable opinion at the time of cataloguing and are for bidders’ general guidance only ; Miamian Auctions House and the Consignor make no representations or warranties as to whether any lot is or is not subject to export or import restrictions or any embargoes.
14.Governing Law and Jurisdiction : These Conditions of Sale and Terms of Guarantee, as well as bidders’, the purchaser’s and our respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of Florida. By bidding at an auction, all bidders, including the purchaser, shall be deemed to have consented to the exclusive jurisdiction of the state courts of, and the federal courts sitting in the state of Florida. All parties agree, however, that Miamian Auctions House shall retain the right to bring proceedings in a court other than the state and federal courts sitting in the State of Florida.
15.Packing and Shipping : We are not responsible for the acts or omissions in our packing or shipping of purchased lots or of other carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots is at the entire risk of the purchaser.
16.Limitation of Liability : In no event will the aggregate liability of Miamian Auctions House and the Consignor to a purchaser exceed the purchase price actually paid. Miamian Auctions House will not be responsible for any errors or failures to execute bids placed online or for any errors or omissions in connection therewith including, without limitation, errors or failures caused by a loss of connection to the internet. At no time will Miamian Auctions House and the Consignor bear responsability for any errors of expertise or wrong attribution of a lot. The purchaser shall bear sole responsability for any documentary checks regarding the lots done before the bidding.
TERMS OF GUARANTEE
As set forth below and in the Conditions of Sale, Miamian Auctions House makes no guarantees regarding the authorship, period, culture or origin of each lot in this e-catalogue. Purchasers shall have to confide in their own personal expertise or seek some outside advice to have the terminology of this e-catalogue explained. Miamian Auctions House makes no warranties whatsoever, whether express or implied, with respect to any material in the e-catalogue.
Catalogue Descriptions and Consignor Warranties
All lots described in this catalogue are sold « as is » except as expressly stated otherwise. Our catalogue descriptions for lots are expressions of our opinion only. All measurements listed in the catalogue are approximate. We recommend that you inspect the condition of a lot prior to bidding at auction to ensure your satisfaction with condition. The auction house makes no warranties, express or implied, as to the merchantability or fitness for purpose except as otherwise expressly stated in the terms of sale. Catalogue illustrations may not be to scale or reflect the depicted lot’s actual size.
Every lot is sold « As Is » ; all sales are final. You bid, you buy. No exceptions, no refunds.
See photographs for detailed condition or contact the auction house for a condition report at : email@example.com
Miamian Auctions House will attempt to describe every lot correctly and point out any defects, but neither Miamian Auctions House nor the Consignor will be responsible for any errors in the description or estimated value.
Miamian Auctions House does not guarantee dates, signatures, origin, condition, or authenticity. All measurements are approximate. The bidder is solely responsible for determining age, condition, origin, authenticity, and value of the item before bidding. All gold, silver, diamonds and gemstones are not guaranteed.
We recommend prospective bidder examine all items of interest.
Miamian Auctions House, or any intermediary, can not be held responsible for any subsequent refusal of a request for authentication from an artist committee, an expert or a foundation. Buyers must make any inquiries or verification prior to the auction.
BUYING AT AUCTION
The following will help in understanding the auction buying process as well as some of the terms commonly used in an auction catalogue. All bidders should read the Conditions of Sale and Terms of Guarantee. By bidding in the auction, bidders are bound by the Conditions of Sale and Terms of Guarantee, as amended by notices, which together form the sale contract among Miamian Auctions House, the Consignor (seller) of the lot and any bidders, including the successful bidder (purchaser).
Reserves : Unless indicated, all lots in this catalogue are offered subject to a reserve. A reserve is the confidential hammer price at which a lot will be sold. The reserve is generally set at a percentage of the low estimate and will not exceed the low estimate of the lot.
Restricted Materials : Lots with a symbol have been identified at the time of cataloguing as containing organic material which may be subject to restrictions regarding import or export. The information is made available for the convenience of bidders and the absence of a symbol is not a warranty that there are no restrictions regarding import or export of the lot : bidder should refer to Conditions 13 of the Conditions of Sale. Please also refer to the Section on Endangered Species in the information on Buying at Auction.
DURING THE AUCTION
The e-catalogue will be available online at the start of the auction and will remain so throughout the auction.
Estimates : Each lot in the e-catalogue is given a low and high estimate, indicating to a prospective buyer a range in which the lot might sell at auction. When possible, the estimate is based on previous auction records of comparable pieces. The estimates are often determined several months before a sale and are therefore subject to change upon further resarch of the property, or to reflect market conditions or currency fluctuations.
Provenance : In certain circumstances, Miamian Auctions House may publish in the e-catalogue the history of ownership of a work of art if such information contributes to scholarship or is otherwise well known and assists in distinguishing the work of art. However, the identity of the seller or previous owners may not be disclosed for a variety of reasons.
Specialist Advice : Prospective bidders may be interested in specific information not included in the e-catalogue description of a lot. For additional information, please contact Miamian Auctions House Client Services Department at firstname.lastname@example.org.
Security for bid : Miamian Auctions House may require such necessary financial references, guarantees, deposits and/or such other security, in its absolute discretion, as security for your bid.
The Auction : Unless otherwise noted in the e-catalogue or by a notice posted on the Miamian Auctions House website, Miamian Auctions House acts as agent on behalf of the seller and does not permit the seller to bid on his or her own property.
Hammer Price : For lots which are sold, the last price for a lot noted by the Miamian Auctions House biddding system is the hammer price.
AFTER THE AUCTION
Payment : If your bid is successful, your invoice will be e-mailed to you. Sale tax, where applicable, will be charged on the hammer price. Payment is due in full immediately after the sale. However, under certain circumstances, Miamian Auctions House may, in its sole discretion, offer bidders an extended payment plan. Such a payment plan may provide an economic benefit to the bidder. Credit terms should be requested at least five (5) business days before the sale. Yet, there is no assurance that an extended payment plan will be offered.
Payment by Cash : It is against Miamian Auctions House general policy to accept payments in the form of cash.
Payment by Credit Card : Miamian Auctions House accepts payment by credit card for Visa, MasterCard, and American Express only.
Payment by Check : It is against Miamian Auctions House general policy to accept payments in the form of check.
Payment by Wire Transfer : To pay for a purchase by wire transfer, please refer to the payment instructions on the invoice provided by Miamian Auctions House.
Once your payment has been received and cleared, property may be released. Unless otherwise agreed by Miamian Auctions House, all purchases must be removed by the 30th calendar day following a sale.
If you are using your own shipper to collect property from Miamian Auctions House, please provide a letter of authorization as well as a copy of your identity document and kindly instruct your shipper that they must provide a Bill of Lading prior to collection.
Miamian Auctions House is not liable to remit sales tax for properties delivered to the purchasers outside the United States of America.
Miamian Auctions House Corp.
15807 Biscayne Blvd
North Miami Beach, FL. US 33160
phone : (786)-837-8311
Celular phone : (786)-248-0500 – French celular phone : 07.83.08.90.33