Conditions of Sale


1. The lots listed in this catalogue will be offered by Clarke Auction Gallery, Inc dba C&C Auctions (also referred to as Clarke Auction) 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, express or implied with respect to size, count, weight, style, authenticity, period material, or manufacturer or any other warranty except as specified below on any property offered for sale.
3. The catalog lists are a courtesy, meant as a descriptive guide only. The buyer is cautioned to use the preview to examine all merchandise and to his/her best judgment as to whether or not the descriptions and categories are accurate.
4. Clarke Auction reserves the right to withdraw, combine, or divide any lot at its sole discretion prior to the commencement of bidding.
5. Clarke Auction and its consignor(s) make no warranty or representation, express or implied that the purchaser will acquire any copyright or reproduction rights to any lot sold. Clarke Auction expressly reserves the right to reproduce any image of the lots sold in this catalogue.
6. Clarke Auction reserves the right to withdraw any lot at any time prior to the commencement of bidding for such lot.
7. The purchase price payable by the buyer shall be the sum of the final bid plus a premium of 17 1/2% except for those bidding on live auctions on the internet. A premium of 22 1/2% will be added to the final bid of any internet bidder. The final bid plus a premium of 17 1/2% (22 1/2% premium for internet bidders) will be the purchase price payable by the bidder. All purchases are subject to a 7 3/8% Westchester sales tax. Sales tax numbers from other states are accepted, but the resale tax form must be fully and completely filled out and received prior to time of purchase. We will impose a service charge of $20.00 on any returned checks.
8. All lots may be offered to a reserve, which is the confidential minimum price below which such lot is not to be sold. No reserves will exceed the low estimate of the lot. Reserves are agreed upon with consignor(s) or, in the absence thereof, at the absolute discretion of Clarke Auction.
9. The auctioneer may open bidding on any lot by placing a bid on behalf of the seller, up to the amount of the reserve, by placing successive or consecutive bids for a lot or by placing bids in response to other bidders.
10. 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 the sales, Clarke Auction sale record shall be conclusive.
11. 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 so paid and removed at the buyer's expense within 5 business days after the sale or they become subject to a storage fee of $10.00 per item, per day. Clarke Auction will not be held responsible for loss or damage to items left on premises over 5 business days.
12. If for any cause a purchased lot cannot be delivered in as good condition as at the time of sale, or should any purchase lot be stolen, mis-delivered, or lost prior to delivery Clarke Auction shall not be liable for any amount in excess of that paid by the purchaser. 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 on property. In the course of their employment it is possible that they may have access to information not available to the public.
14. Clarke Auction reserves the right to hold purchases until check clears by our bank.
15. All measurements and weights are approximate. We are not responsible for typographical errors. Clarke Auction is not responsible for damage of glass covering paintings, drawings, and other works or frames regardless of cause.
16. 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. All items are sold "as is".
17. Clarke Auction is not responsible for shipping. All shipping is to be arranged and paid for by successful bidder. Clarke Auction will direct successful bidders to shipping agents or successful bidders may make their own arrangements for pick up and delivery of property.