Terms & Conditions of Sale

BIDDING AT AN AUCTION WHERETO PRESENT OR IN PERSON BY AGENT,
ORDER BID, TELEPHONE OR OTHER MEANS, CONSTITUTES YOUR
ACCEPTANCE OF THESE TERMS.


1.  All property is sold "As Is" and neither we nor the Consignor make any guarantees, warranties or representations, expressed or implied with respect to the property, merchantability, or correctness of the catalogue the catalogue description of authenticity of authorship, physical condition, size, quality, rarity, importance, provenance, exhibitions, literature of historical relevance of the property or otherwise.  No statement anywhere, whether oral or written shall be deemed such a guarantee, warranty or representation.   Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored. 

2.  If within 14 days of the sale of any lot, the purchaser gives notice in writing to us that the lot is counterfeit and within 10 days after such notice, the purchaser returns the lot to us in the same condition as when sold, and demonstrates to our satisfaction the the lot is counterfeit, we will refund the purchase price.

3.  A buyer's premium of 15% will be added to the successful purchase price and is payable by the purchaser as part of the total purchase price. 

4.  We reserve the right to withdraw any property before the sale and we reserve the right to reject any bid.  The highest bid acknowledged by the auctioneer will be the purchaser.  In the event of a dispute between bidders, the auctioneer will have final discretion to determine the successful bidder or to re-offer the article in dispute.  At our discretion, we will execute order bids or accept telephone bids as a convenience to clients who are not present at auction,  however, we are not responsible for any errors or omissions in connection therewith.  Grogan & Company is not responsible for technological problems arising from internet bidding.    Absentee bids left with E-Bay are not communicated to Grogan & Company prior to auction,  therefore, these bids will be treated as live bids during the auction and shall not take precedence over floor, phone or absentee bids registered directly with Grogan & Company.  The auctioneer reserves the right to recognize floor and phone bids over internet bidders. 

5.  On the fall of the auctioneer's hammer, title to the offered item will pass to the successful bidder and such bidder thereupon assumes full risk and responsibility therefore. 

6.  All property must be paid for and removed from our premises by the purchaser at his or her expense not later than 5 business days following the sale.  Accepted forms of payment include money orders, cashiers checks, wire transfers, personal checks and cash.  Credit cards are not accepted for payment, however they can be used for shipping expenses. 

7.  Property will not be released to a purchaser until we have received payment in full and/or until funds have been collected on checks. 

8.  Unless exempt by law, the purchaser will be required to pay 5% Massachusetts sales tax or applicable use tax of another state on the total purchase price.

9.  These conditions, as well as 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 Commonwealth of Massachusetts.  Bidding at auction, whether in person or by agent, order bid or by telephone, the purchaser shall be deemed to have consented to the jurisdiction of the state courts of and the federal court sitting in the Commonwealth of Massachusetts.

10.  We are not responsible for the acts or omission s or 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.  In no event will we be liable for damage to glass or frames, regardless of the cause.

11.  In no event will liability to a purchaser exceed the purchase price actually paid.