Our email address is: [email protected]; website
is www dot stanfordauctioneers dot com.
Each lot in this catalogue is subject to the following Terms
& Conditions of Sale & Limited Warranty ("T&C"), as
supplemented in writing or otherwise by Stanford Auctioneers, Inc.
("SA") prior to the sale. By registering to bid at auction, by
placing a bid or offer by any means, or by purchasing a lot or property
after-auction/after-sale or private sale, whether or not the lot or property is
included in the present auction, you agree to these T&C, including those
available by hyperlink at our website. We may amend these T&C at any time
by posting the amended terms on our website. Except as stated below, all amended
terms shall automatically be effective on a prospective basis once they are
posted on our site. These T&C may not be otherwise amended except in a
writing signed by you and SA. "We," "us," "our,"
"Stanford Auctioneers," "SA," and all other similar terms
refer to Stanford Auctioneers and its agents; "you,"
"your," "buyer," or similar terms refer to a person bidding
on or buying property.
Stanford Auctioneers conducts business as an auctioneer
commission-agent in its own name on behalf of its voluntary consignors and from
time to time on its own behalf.
All auction catalogue information posted on-line at any
Internet live bidding platform website, including but not limited to the
auction Cataloguing Practices, Auction Material, Duration and Time of Auction,
Buyer's Premium, Condition, Types of Bidding and Bidder Responsibilities,
Payment, Shipping, Lots Per Hour, Taxes, Terms & Conditions, Contract, and
Registration, is hereby incorporated as part of these present T&C. Any
pre-sale announcements made by the auctioneer immediately prior to the start of
the auction are incorporated herein as well.
AUCTION DATES AND TIMES
Auction dates and times, as well as the number, character,
order, and schedule of the items to be auctioned are set by SA and are subject
to change without notice. Individual lots and items may be modified or changed
at any time. Some lots and items that are made available on the auction floor
may not be included in the online live auction services catalogues. Any audio
or video aspects of a live auction event are for entertainment purposes only.
DURATION AND TIMING OF AUCTION
Please note that we utilize both "traditional"
auctions and timed auctions. In our traditional auctions, we start with lot #1
and continue in numerical lot order until we sell the last lot. Some lots sell
quickly, others take a while. We sell approximately 150 to 200 lots per hour,
so you should be able to calculate roughly when the lot(s) you are interested
in will be up for sale. The duration of the traditional auction is
approximately three to six hours long, and we have no way of knowing precisely
at what hour or minute your lot(s) will be up for sale. Timed auctions utilize
a time certain, the exact time when the lot closes.
DESCRIPTION AND CONDITION OF LOTS
All objects put up for auction may be viewed and examined
prior to the sale, by appointment. Previews are not available on the sale date.
Catalogue descriptions are created with as much care as possible, but are OPINION
ONLY, and the descriptions do not fall under any statutory paragraph for
guaranteed legal characteristics. Solely as a convenience, SA may provide
condition reports. Many items are of an age or nature that precludes their
being in perfect condition. Some descriptions in the catalogue are given by way
of a condition report (made either orally or in writing), which makes reference
to damage and/or restoration. We provide this information for guidance only,
without legal obligation, and the absence of such a reference does not imply
that an item is free from defects or restoration, nor does a reference to
particular defects imply the absence of any others. Bidders are urged to ask
for condition reports as early as possible before an auction, and there is no
guarantee we will be able to fulfill all requests for condition reports.
Any representation or statement by SA in any catalogue,
brochure, or advertisement of forthcoming sales as to authorship, attribution,
genuineness, origin, date, age, provenance, condition, or estimated selling
price is a statement of opinion only. Every person interested should exercise
his own judgment as to such matters, and neither SA nor any of its agents are
responsible for the correctness of such opinions. Except as stated under
Limited Warranty in the paragraphs below, all property is sold "AS IS,
WHERE IS," with no representation or warranty of any kind from SA or the
consignor. Buyers or their agents are advised to personally examine any
property on which they intend to bid prior to the auction. All dimensions are
approximate. The condition of frames is not guaranteed.
All lots are sold AS IS, WHERE IS and there will be NO
RETURNS BASED ON CONDITION. Many items are of considerable age and will exhibit
wear, usage, and damage often NOT LISTED IN THE CATALOGUE ENTRY. Some
descriptions in the catalogue refer to specific damage and/or restoration, and
while we provide this information for guidance only, without legal obligation,
the absence of condition remarks in the catalogue DOES NOT mean the item is in
perfect condition. Condition, like beauty, is in the eye of the beholder. When
we list condition information for a lot, it is our opinion only. The absence of
condition information does not mean the item is in perfect condition. Certain
objects, such as watercolors, drawings, prints, posters, photographs, and
photogravures, among others, may be affixed to mounting boards or support
sheets, either contemporary or modern, and these may or may not be noted in the
catalogue description. We urge you to request a full condition report for any
items in which you have an interest. We recommend that every interested party
exercise the best judgment possible based on direct physical examination of the
property, as there are ABSOLUTELY NO RETURNS BASED ON CONDITION.
The following are some, but not all, of the practices used
by Stanford Auctioneers in the cataloging of individual lots for sale:
1. Authorship of lots. Authorship for each lot is indicated
using the following descriptions (with Henri Matisse as an example): Henri
Matisse: In our opinion, a work by the artist. Henri Matisse, par/imputée
[by/attributed]: In our opinion, most probably a work by the artist but our
certainty as to authorship is not complete; generally used for two dimensional
objects such paintings, drawings, etc. Henri Matisse, imputée [attributed]: In
our qualified opinion, probably a work by the artist and from the period of the
artist but less certainty as to authorship is expressed than in the second
category. (Thus, par/imputée and imputée works are specifically excluded from
the guarantee of authorship, as are studio of, circle of, style of, follower
of, manner of, and d'apres). Henri Matisse (studio of): In our opinion, a work
by an unknown hand in the studio of the artist which may or may not have been
executed under the direction of the artist. Henri Matisse (circle of): In our
opinion, a work by an unknown hand closely associated with the named artist but
not necessarily his student. Henri Matisse (style of) or (follower of): In our
opinion, a work by an unknown, nearly contemporary or contemporary hand working
in the artist's style but not necessarily his student. Henri Matisse (manner
of): In our opinion, a work in the style of the artist and of a later date.
Henri Matisse, d'apres [after]: For paintings, drawings, watercolors, and
similar one of a kind objects, in our opinion, a copy of a work of the artist;
For multiples, such as prints, posters, photographs, sculptures, and similar
objects, a copy of a work of the artist which may or may not have been
authorized by the artist and which may or may not have been signed by the
2. Dates. Dates are ascribed as closely as possible, with no
guarantee as to their absolute accuracy, and objects (lots) are not subject to
return because of date inaccuracy. Most lots include "matrix" date
information. In the case of one of a kind objects (such as paintings,
watercolors, etc.) the matrix date is the date the object was created. For
"multiple" objects, such as most prints, posters, sculptures,
photographs, etc., the matrix date is the creation date of the matrix from
which the object is then derived. If known, we may list the
"printed" date, the date that the multiple offered was printed. When
we don't know the exact matrix date we may put "c" for circa, as in
c1931, or we may omit this entirely. If we don't know the exact printed date
we may use "c" or "printed later," or we may omit this
3. Dimensions. Measurements of the image and the matrix
material are generally in 1/16 of an inch, height before width before depth,
with no guarantee as to their absolute accuracy, and objects (lots) are not
subject to return due to size inaccuracy. Intaglio prints are measured from the
platemark; paintings, drawings, planographic prints, etc. are measured from the
image. In the case of fine prints, posters, etc. we strive to note both image
size and the sheet/paper size. In the case of posters, the image size
generally is the size of the actual image itself, not including
"letters" (any text, whether exhibition information or otherwise,
unless the letters form part of the original image matrix).
4. Title, Edition, Paper, Margins, Catalogue Raisonne,
Provenance. The Title may be as given by the Artist or may be descriptive;
Medium if applicable and available; Edition size and individual number if
applicable and available; Paper type if applicable and available; Margins if
applicable and available; Impression quality if applicable and available;
Catalogue raisonne number if applicable and available - please note that we
occasionally use "cf.", the Latin abbreviation for the word
"confer", which translates to English as "compare to", and
does not imply that the catalogue number referred to is in fact the catalogue
number for the object catalogued - rather, there is a similarity to the object
and the catalogue image may be helpful to the viewer; Provenance if available:
we describe these aforementioned categories as accurately as possible with no
guarantee as to their absolute accuracy, and objects (lots) are not subject to
return due to any cataloguing inaccuracy in these categories.
5. Medium. The medium used in any creation of a work of art
is not always clear nor precise, especially in the instance where the artist
uses multiple mediums. In our cataloguing, mediums are ascribed as closely as
possible, with no guarantee as to their absolute accuracy, and objects (lots)
are not subject to return because of medium inaccuracies.
a. Fine Art. "Signed:" in
our qualified opinion, an autograph signature by the artist; "Bears
signature" (or) “Bears complimentary signature” (or) “Bears stamp:” in our
qualified opinion, may or may not be an autograph signature by the artist or a
stamp approved by the artist; "Bears spurious signature" (or) “Bears
spurious stamp:” in our qualified opinion, not an autograph signature by the
artist nor an approved stamp by the artist; "Complimentary
signature:" in the case of prints and posters indicates, among other
things, that the object may or may not have been part of the regular edition
and that the artist applied his/her signature in a complimentary manner,
possibly well after the printed or issue date of the object. After an edition
is printed the artist sometimes receives prints/posters that are in fact
overruns, and are obviously unsigned. In this case sometimes the signature is
applied by the artist shortly before gifting, selling, or donating the work.
Signatures on most fine art non-editioned posters are complimentary, understood
as such, hence are not noted as complimentary in the lot description. Since it
is sometimes unclear whether or not a signature is complimentary, not all
complimentary signatures may be noted as such; "Signed in the matrix (or) stone
(or) bronze (or) plate (or) image (or) negative:" in the case of
multiples, the autograph signature of the artist in the matrix itself, which
then becomes part of the matrix (sometimes referred to as a "printed
signature" or an "inscribed signature").
photographer’s written name. "Signed:" in our qualified opinion, an
autograph signature by the photographer; "Bears signature:” in our
qualified opinion, may or may not be an autograph signature by the
photographer; "Bears spurious signature": in our qualified opinion,
not an autograph signature by the photographer; "Complimentary
signature:" in the case of photographs indicates, among other things, that
the object may or may not have been part of the regular edition and that the
artist applied his/her signature in a complimentary manner, possibly well after
the printed or issue date of the object.
photographer’s stamped name or personal logo. “Stamped with the photographer’s
stamp:” Indicates that the object is stamped with the photographer’s official
stamp or stamps, generally by the photographer or a designated individual;
“Stamped with the photographer’s name:” Indicates the stamp is intended as a
means of identification of the photographer of the object and is not the
photographer’s official stamp. Stamping with the photographer’s name is used by
foundations, museums, galleries, collectors etc.
7. Photogravures. There are numerous processes for producing
a gravure print from a photograph, including but not limited to Photogravure,
Heliogravure, Halftone Gravure, Neogravure, Rotogravure, Duotonegravure, Tritonegravure,
Screengravure, Plategravure, Aquatint photogravure, Dust-grain photogravure,
Sand-grain photogravure, Magnagravure (Magnavure), Photoetching, etc. Since
even for experts it is sometimes difficult to distinguish between them, and the
fact that “gravure” is a term of art in the French language often referring to
an intaglio print such as an etching, we have chosen to catalogue all the
gravure methods listed above, as well as any other related processes, whether
sheet-fed, continuous roll, or hand, as Photogravures. These prints may or may
not be editioned, by definition derive from a photo-mechanical process, and may
come from portfolios, periodicals, publications, and the like (perhaps the most
famous example being Alfred Stieglitz’s “Camera Work”). They may or may not be
affixed to either contemporary or modern mounts and are sometimes printed on
Documents furnished to SA in connection with objects being
offered for sale by us may be subject to confidentiality, privacy, and/or
contractual statutes and concerns and may not always be available to
prospective and successful bidders. There is no guarantee that any object in
any lot will be accompanied by written provenance information, whether or not
the lot description bears a statement of provenance. Generally, with lower
priced multiples such as prints, posters, photographs, etc., provenance
information is seldom encountered. Provenance information is often furnished
to SA by the consignor, is provided in catalogue descriptions only as a matter
of information, not fact, unless indicated otherwise, and SA solely assumes no
responsibility for its representation and/or accuracy.
CATALOGUE AND ON-LINE IMAGES
We strive to present as accurately as possible any object
pictured in our printed or on-line catalogues. Because of the different
methods used by on-line auction bidding platforms to upload images, which can
result in the distortion of, or addition to, a particular object, and the color
differentiation and variation of various computer monitors, and other factors
relating to the Internet, there are absolutely no returns due to variations
between images as pictured in the on-line catalogue and the actual object
Often artwork is pictured framed; the frames may be
exhibition frames, not part of the purchase price of the lot. If the catalogue
description indicates that the object is framed, then the frame is part of the
purchase price. If no indication is given that the object is framed, then the
object is being sold unframed.
From time to time we are consigned for auction multiple
impressions of prints and posters which are identical in every respect except
the signature (when the object is signed). During and/or after the live
auction we may sell two or more of these signed impressions. If your primary
interest is in the signature and not the object itself, and you would like to
receive the object pictured in the auction catalogue with the signature as
pictured in the auction catalogue, kindly contact us within 48 hours after the
auction has concluded. If you do not, you may receive an object identical in
every respect except the signature, and you agree to hold us and our consignor
harmless in this instance.
Occasionally there may be a discrepancy between the image of
an object in the on-line and/or printed catalogue and the catalogue text
description of same. If this is the case, the catalogue text description is
presumed correct, takes precedence over the image, and no returns will be
accepted, or liability on SA's part incurred, due to this type of discrepancy.
We urge you to contact us before your purchase if you notice a situation such
From time to time you may notice that an item from a lot in
a previous auction is being re-offered/re-listed. Some, but not all, of the
reasons for this include a winning bidder in a previous auction not paying for
the item, multiple impressions of the same item consigned to us by the same or
different consignor(s), and the item being offered with a reserve and the
reserve was not met. If the exact same item is being re-offered/re-listed the
previously used image generally is used in the catalogue. If the lot is a
multiple impression of a previously offered item then a new image is generally,
but not always, used.
Except as noted in this paragraph, all lots in the sale are
offered for the account of a third party Consignor, without any interest
(direct or indirect) of the auctioneer or SA. Where SA or an affiliate of SA is
the sole or partial owner of the property, there is no symbol at the end of the
catalogue lot description. Where the lot is offered for the account of a third
party, it is noted by the "plus" symbol (+) at the end of the
description of that lot. Under no circumstance will the Consignor receive any
rebate commission nor may the Consignor bid upon or buy back his own property.
On occasion, SA has a direct financial interest in lots
consigned for sale, which may include guaranteeing a minimum price or making an
advance to the Consignor that is secured solely by consigned property. This
indicates both in cases where SA holds the financial interest on its own, and
in cases where SA has financed all or a part of such interest through a third
party. Such third parties generally benefit financially if a guaranteed lot is
sold successfully, and may incur a loss if the sale is not successful.
In the event that you have a dispute with one of our
consignors, you release SA (and our officers, directors, agents, parent,
subsidiaries, joint ventures, and employees) from claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with such disputes. If you are a California resident, you waive
California Civil Code § 1542, which says: "A general release does not
extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor."
When contacting us about a possible consignment of
"flat art" (paintings, prints, posters, etc.) please note that we
focus almost exclusively on consignments where the artist has signed the work
with an autograph signature, especially in the case of fine art prints and
posters. Provenance information and applicable paperwork enhances the chance of
our accepting the consignment(s).
Consignors may or may not be paid immediately upon the sale
of their lots, but, assuming SA has received good funds from the buyer, in no
event will they be paid later than 45 days from the date of sale of their
property. In its sole discretion, SA may pay consignors for sold goods before
SA receives the payment from the buyer. Any amounts due to SA by the Consignor,
e.g., shipping charges paid by SA on incoming consignments, will be offset by
sales proceeds due to Consignor.
In certain instances, in its sole discretion, SA may extend
credit to a consignor based on the anticipated sale of the consignor's property
in a forthcoming auction and/or aftersale.
All consignor information is held strictly confidential.
SA's Consignment Agreement contains a contractual clause stating that SA will
not divulge the name of the consignor, or any details of same, or any artwork
consigned, or any financial arrangements made, etc. to any individual or
SA does not charge a commission to the consignor/seller on
the hammer price of an item sold at its auctions. There is no charge to the
seller for insurance, photography, color printing in the catalogue, buy-in fee,
etc. The consignor/seller is liable only for shipping the item to SA, and in
the event it goes unsold, the shipping, handling, and packing costs of sending
the item back to the seller.
SA's quid pro quo for the absence of any fees charged to the
consignor/seller involves contractual arrangements, including but not limited
to, allowing it to control the sale of the artwork for at least one year; the
ability of SA to continuously offer the artwork for sale in multiple auctions
until and if sold; SA's ability to offer the artwork by private treaty in the
event that it goes unsold at an auction or SA in its sole discretion determines
the artwork best sold by private treaty; and other arrangements.
PRIVATE TREATY SALES
SA engages in "private treaty" sales where it does
charge a commission for its services. The amount of the commission is
negotiated between the consignor/seller and SA. A private treaty sale is
basically the sale of an artwork by negotiation and involves buyers making
offers on an artwork which either result in an offer being accepted or
negotiation on the price between the buyer and seller.
Some of the advantages of selling by private treaty through
SA are: the possibility of receiving a higher price due to the fact that each
potential buyer does not know what the other potential buyers have offered; an
extended sale period in which to reach a selling price; less pressure than
selling at auction.
Some of the disadvantages of selling by private treaty
through SA are: the commission that SA charges can be substantial; the selling
process can take a considerable amount of time; the public competition that is
generated at an auction is removed; it requires more input and involvement by
BUYER FINANCING & EXTENDED PAYMENT
From time to time SA may extend credit to the buyer to
enable the purchase of lots at auction and/or aftersale. Please contact us for
BIDDING AT AUCTION
All prospective bidders are required to register with SA in
advance of the sale, although we occasionally may approve bidders during the
course of the auction itself. We may require photo identification and bank
references for registration, and in all cases we require an email address. By
bidding at the auction, the buyer assumes personal responsibility to pay the
purchase price bid, plus the buyer's premium and any additional charges that
become due and payable in connection with the purchase of property. Approval of
the bidder to bid is at the discretion of SA. Approval to participate in one
auction does not guarantee approval to participate in any other auction. By registering
for one of our auctions or purchasing from us after-auction/aftersale you grant
us permission to inform you by email, postal mail, fax, telephone, or social
media of our upcoming auctions and any subsequent after auction/aftersale
Please note that third-party on-line bidding companies,
which allow bidders to participate in our auctions on a real time basis, have
varying regulations and restrictions over which we have no control. For
instance, one prominent third-party on-line bidding company will accept new
accounts from bidders resident in six countries only (United States, Canada, United Kingdom, Ireland, Australia, and China). This particular restriction
is beyond our control. However, another prominent third-party on-line bidding
company accepts new accounts from bidders resident in over 100 countries. If
you experience any difficulty in creating an account with a third-party on-line
bidding company, please contact us and we will be happy to give you a referral
to a company that can accommodate you.
We accept floor bids, absentee (advance/left/order) bids
left directly with us before or during the auction, telephone bids during the
auction, and internet bids (either left with a on-line bidding platform before
or during the auction or bidding live during the auction). We do not accept
unlimited/buy bids. If you wish to attend the auction, please contact us for
the auction location.
For absentee/advance bids to leave with us directly, you can
print out the bidder's form from our website and fax, email, or mail it to us,
or you can call and/or email to leave bids directly with us. If you email bids
to us, in your email please ask us to confirm receipt of same.
Absentee/advance bids left with us cannot be withdrawn after one hour before
the beginning of the auction. If the auction date should change, all
absentee/advance bids that have been left with us for that particular sale will
be honored and executed on your behalf during the auction on the rescheduled
date, and said bids cannot be withdrawn by you. If you have questions on
absentee/advance bidding, please feel free to call or email us.
To arrange telephone bidding, please consult the
absentee/telephone bid form found at our web site and then call us. All lots in
our auctions, regardless of pre-sale estimate prices, are available for
telephone bidding. Please note, however, that if you are approved for telephone
bidding you are expected to bid at least the published starting bid/opening
price (generally the reserve) of the lot(s) you have registered to bid on. A
limited number of telephones are available, so please sign up for telephone
bids as soon as possible before the auction.
Registered bidders, whether on the floor, telephone,
absentee/advance, or bidding live via the Internet, are responsible for all
bidding activity on their account.
By submitting absentee/advance bids on-line the bidder
authorizes the third-party on-line bidding company to instruct SA to bid up to
the maximum amount left by the bidder with the on-line bidding company. If
identical absentee/advance bids are received, the earliest bid received will
prevail. SA assumes no responsibility for any errors resulting from executing
bids or on-line technical difficulties. Absentee/advance bids left on third-party
live auctions platforms are not the same as bids left with SA directly. They
are executed from a proxy computer terminal in the room against bidders on the
telephone, in the room, live Internet bidders, and absentee/advance bids with
the auctioneer. Tie bids may occur between live auction bidding platforms
absentee/advance bidders and other bidders. In the event of a tie bid, the
auctioneer has sole discretion to award the lot to the high bidder of his or
her choice, generally the floor bidder or a bidder who has left a bid directly
with us and not through a third party.
SA at its discretion reserves the right to refuse
participation in the auction by any bidder, whether on premises, participating
on-line, by telephone, or through absentee/advance bid. SA reserves the right
not to accept bids via Internet bidding for lots of high value. If you intend
to bid on high value lots, please contact us before the sale. Please note that
registrations may or may not be approved during the course of the sale.
SA does not allow live Internet bidding from floor bidders
during its auctions. People in attendance at the auction are not permitted to
use computers during the auction, including but not limited to laptops, iPads,
iPhones, "smart phones" or any other type of electronic device that
allows access to the Internet. Any bidding by a floor bidder via any of these
methods will result in the immediate cancellation of the bidder's bids, the
bidder being asked to leave the rooms immediately, and the denial of future
bidding with SA by any method.
Internet bidding has limitations. Technical problems may
prevent Internet bids from being entered or may interrupt the live bidding
process. When this happens, the system may incorrectly clerk a winning bid to
an Internet bidder. The auctioneer is the sole determiner of the winning
bidder. Random bidding patterns may result in a floor bidder being awarded an
item at an amount that matches an Internet bidder's previously entered maximum
bid price. In this instance there is no mechanism for settling this issue
based on which bid was entered first. Third-party bidding platforms do not
reveal bid amounts. They only relay bids one increment at a time up to the
maximum proxy bid amount which could, due to the back and forth of auction
bidding, match the last bid entered by a floor bidder.
Your bid/purchase is a legally binding contract. Place a
bid or make an offer only if you're serious about buying the item. If you are
the successful and winning bidder/buyer, whether during or after an auction,
you immediately have entered into a legally binding contract to purchase the
property bid on/purchased from the seller. You should contact SA to resolve any
questions before bidding.
On the fall of the auctioneer's hammer, title to the offered
lot will pass to the acknowledged bidder. At that time, the buyer assumes all
risk of loss and damage to the property, and in addition any obligations,
costs, and expenses relating to the handling, shipping, insurance, tax, and
export of property. The highest bidder acknowledged by the auctioneer shall be
deemed the buyer. The successful buyer is obliged to accept and pay for the
lot. Ownership only passes to the buyer when full payment has been received.
The buyer, however, immediately assumes all risks when the goods are knocked
down to him. In case of identical bids, determination of the winning bidder
shall be left to the sole discretion of SA.
SA has the right, in its absolute discretion, to determine
the conduct of the sale and the after-auction/after-sale and any private sale
as it sees fit. It reserves the right to advance bidding, to reject bids, to
combine lots, to split lots, to re-offer and resell lots, to withdraw lots
before the actual final sale, and to award disputed lots to the bidder of its
choice, both during and after the auction. In any such case, the judgment of SA
is final, and shall be binding upon all participants.
In the case of a written bid, the bidder commissions SA to
place bids on his behalf during the auction. In cases where there is a
discrepancy between lot number and title/description in a written bid, the
number shall prevail. We assume no responsibility for failure to execute any
such bid, or for errors or omissions made in connection with the execution of
any such bid. If requested prior to the sale, we will use reasonable efforts to
contact the buyer by telephone to conduct a phone bid on the day of the sale,
but we assume no responsibility for errors or omissions made in connection with
any such arrangement. As a convenience to buyers who cannot be present on the
day of the sale, we will use reasonable efforts to execute, on a competitive
basis, bids left with us via the Internet, whether by absentee/advance or a
live bidding program. We assume no responsibility for failure to execute any
such bid, or for errors or omissions made in connection with the execution of
any such bid.
All lots may be offered subject to a reserve, which is the
confidential minimum price below which the lot will not be sold. SA may open
the bidding on any lot below the reserve by placing a bid on behalf of the
seller. SA may continue to bid on behalf of the seller up to but not above the
amount of the reserve, either by placing consecutive bids or by placing bids in
response to other bidders. In no case will the reserve be higher than the
published pre-sale low estimate.
The pre-sale estimates provided are intended as a guide to
bidding. The figures are often educated guesses, generally based on recent
values. A bid between the listed figures would, in our opinion, often have a
chance of success (at the time when the catalogue was prepared). The estimates
are exclusive of the buyer's premium, and may be revised at any time prior to
the auction. The bidder shall be the sole judge of value, whether the lot is
purchased during the auction or at after-sale.
Buyers are advised that there may be additional terms and
conditions governing the use of Internet bidding platforms utilized by SA
including, but not limited to, those providing for additional charges and fees
relating to the execution of such bids. Buyers are therefore advised to
familiarize themselves with any such terms and conditions prior to utilizing
any Internet bidding service.
The auction will be conducted using the following bidding increments:
From $0 to $99 = $10 increment
From $100 to $499 = $25 increment
From $500 to $999 = $50 increment
From $1,000 to 2,499 = $100 increment
From $2,500 to $4,999 = $250 increment
From $5,000 to $9,999 = $500 increment
From $10,000 to $24,999 = $1,000 increment
From $25,000 to 99,999 = $2,500 increment
From $100,000 to 199,999 = $5,000 increment
From $200,000 and up = $10,000 increment or the auctioneer’s
The auctioneer has absolute discretion as to the amount and
timing of increments and may change them at any time during the course of the
The buyer's premium (BP) refers to a percentage amount on the hammer price
(winning bid amount at auction) of the lot that is paid by the winning bidder.
Among other uses, it covers administrative expenses related to a traditional
auction that is also available live on the internet. In addition, it includes
the fees that the third-party auction “platforms” charge the auctioneer to host
the auction online. The BP is applicable to all successful purchasers,
including floor bidders, telephone bidders, absentee bidders, and internet bidders.
Our current increments and premium percentages are as follows:
From $ 0 to 99,999 BP % 24.50
From $100,000 to 499,999 BP % 16.50
From $500,000 and up BP % 8.50
AFTER-AUCTION/AFTER-SALE SALES AND PRIVATE SALES
From time to time, registered bidders and private
individuals may make offers on property consigned to or owned by SA. When
making an offer on passed lot from a prior auction, or on any property owned by
SA or offered for sale through SA by its consignors, whether the offer is made
verbally in person, or by telephone, by mail, by email, by fax, or by any other
method, and that offer is accepted by SA on behalf of its consignor or on
behalf of its own account, the buyer has immediately entered into a legally
binding contract, as if the purchase had been made during an SA auction, and
the buyer is subject to all the duties and responsibilities of a successful
auction bidder. Once an offer has been made by you and accepted by the
consignor, you may not withdraw the offer without the consent of the consignor.
If you are making an offer on multiple lots, please submit
your offer per lot, not a single bulk purchase price for a number of lots.
Please submit a "hammer price" offer, to which we will add the buyer's
premium as applicable.
These T&C shall govern any private sale of property by
us not made through auction, including all transactions conducted after an
auction, heretofore and hereinafter referred to as after-auction, after-sale,
aftersale, post-sale, private sale, private treaty purchase(s), or other
similar terms, and by purchasing any object from SA you agree to be immediately
bound by these T&C. These transactions may include objects not offered for
sale in the immediately prior auction as well as any objects that SA has in its
possession, whether consigned to SA or owned outright by SA, that SA is
offering for sale. All private and after-auction/after-sale purchases are
subject at SA's discretion to the respective buyer's premium, as applicable, as
well as all costs related to shipping and handling.
We offer a FIVE PERCENT (5%) CASH DISCOUNT from the total
invoice amount (hammer and premium) if payment is made by check or wire
transfer. Upon the fall of the auctioneer's hammer, the buyer assumes all risk
of loss and damage to the property, and in addition, any obligations, costs,
and expenses relating to the handling, shipping, insurance, tax, export, and
storage of property. Buyers are required to pay for purchases immediately
following the auction unless other arrangements have been made in advance of
the auction. Payments must be made in US Dollars. A buyer's premium (a
surcharge that a winning bidder is required to pay in addition to the auction
hammer price) will be paid by the purchaser on the total amount of his lots.
All purchases picked up by the buyer, or shipped within the state of Arizona, will be subject to state sales tax unless the buyer has provided us with a valid
certificate of exemption from such tax. Purchases shipped outside of Arizona are not subject to sales tax.
If payment is made by the buyer with a credit/debit card
(Visa or MasterCard), the buyer, by his or her acceptance of these T&C,
waives his or her right to file a dispute involving a "chargeback"
for the item(s) purchased using the Charge Card
Association's/Visa's/MasterCard's "Reason Code 53: Not as Described or
Defective Merchandise" or similar language. The buyer's sole remedy in
instances where the buyer believes the item was not as described/catalogued is
to follow the steps outlined under "Limited Warranty" in these
T&C. Items are not returnable due to the condition of the item, as
specifically outlined numerous times in these T&C. When successfully
bidding on a lot(s) or purchasing from us aftersale/afterauction and using a
debit/credit card to pay for the purchases, you hereby authorize us to retain
the credit card information for a reasonable time period following the
purchases, to facilitate later charges for shipping, further purchases, and so
If after seven (7) days from the auction date, or the SA
invoice date for after-auction/after-sale and private sale purchases, we have
not received payment for lots purchased, we reserve the right, and you hereby
grant us permission, to charge your credit/debit card on file for the payment
due, which may include applicable shipping charges. If you make an offer in our
aftersale, which offer is accepted by our consignor, we reserve the right to
immediately charge your credit/debit card. Furthermore, by acceptance of these
T&C, you agree that you will not dispute this payment with your
credit/debit card issuing institution. Any charge made by SA under this
provision shall be credited against all amounts owed to SA under the T&C,
and shall in no way limit or restrict the exercise of SA's rights and remedies
available at law or in equity with respect to payment of all other sums owed by
the bidder to SA.
We reserve the right to delay delivery of any property until
the clearance or collection of funds in connection with any payment and, in any
event, ownership of the property shall not pass to the buyer until collection
of funds has occurred. If you purchased lots during the auction via the
Internet and if your invoice(s) are unpaid ten days after the auction date, we
may file a dispute/non-paying bidder report with the Internet bidding platform
company you used to place your bid(s), as well as other auction platform sites
with which we are affiliated, in our sole discretion. If you fail to pay promptly
as outlined above, we may impose Administrative Burden fees (the equivalent of
collection fees) and add the total of these fees to your outstanding balance.
The Administrative Burden fee also applies if you purchased lots during the
sale directly with us (floor, absentee, telephone) or after the auction in our
after-auction/after-sale or private sale periods.
Your successful bid is a legally binding contract. In the
case of unpaid balances, we may enforce our legal rights through court action.
If so, any costs incurred by SA in the preparation for court action (contact by
SA with its attorneys, letter(s) from SA's attorneys to the non-paying bidder,
etc.) are immediately accruable to the buyer and immediately due and payable by
the buyer, even in the event that the matter does not end up in a court filing.
These fees must be paid, in addition to the hammer price and premium of any
lot(s) purchased, before the property is released to the buyer.
If immediately after the auction date we have not received
payment for lot(s) purchased at auction, we reserve the right to cancel the
sale of the lot(s) to the buyer. If after ten (10) days from the auction date
we have not received payment for lot(s) purchased at auction, SA may, in its
sole discretion, retroactively charge interest to the buyer from the date of
the purchase(s) on the entire unpaid balance at the rate of twelve percent
(12%) per annum. This amount is due and payable immediately and is added to all
other outstanding balances and must be paid before any property is released to
We may also report all outstanding unpaid balances to the
buyer's applicable credit bureau(s) (Consumer Reporting Agency; Credit
Reference Agency) including but not limited to the following countries, as
United States: Experian, Equifax, TransUnion
United Kingdom: Experian, Equifax, Callcredit
Canada: Equifax, TransUnion, Experian
Germany: Schufa, Creditreform
Australia: Veda Advantage
Mexico: Equifax, TransUnion
South Korea: KCB, KIS, NICE
Italy: Experian, CRIF, CTC
Ireland: Irish Credit Bureau
Sweden: Soliditet AB, UC
In some cases, SA may allow a winning bidder/buyer to pay a
partial amount of the total amount due with a subsequent payment or payments
necessary to pay the balance in full. After the initial partial payment(s), if
at any time SA in its sole discretion determines that the bidder is unable or
unwilling to complete the transaction by paying the balance in full, SA
reserves the right to cancel/rescind the transaction and return the buyer's
initial payment(s) (less any applicable fees and/or liquidated damages, up to
and including the full amount of the partial payment made) to the buyer; or, SA
may file suit against the buyer for non-payment; or, in the case of the
purchase of multiple lots, SA, in its sole discretion, may choose which
purchased lots will apply towards the partial payment(s) made and cancel the
balance of the transaction. In any event, buyer shall have no recourse against
SA or its consignors in these instances.
Auction lots, without exception, will be handed over only
after payment has been made. Storage and dispatch are at the expense and risk
of the buyer. Charges for dispatch, packing and insurance are billed
separately. Unless buyer has arranged for shipping of fully paid for lots by
SA, all property must be removed from SA's premises by the purchaser, at his
expense, no later than fourteen (14) days following its sale, and if not so
removed may accrue reasonable storage fees and/or interest at SA's discretion.
If fully paid for property is not picked up, or buyer has not arranged for
shipping by SA, within sixty (60) days following the auction/aftersale sale
date, the property may be considered abandoned and forfeit and revert to the
consignor or SA. Likewise, in the case of multiple purchases at auction and/or
after-auction/after-sale or private sale, whether in previous or current
auctions, whether on one invoice or several, where the buyer attempts to
rescind part of the transaction, by choosing to pay for one lot(s) but not
another/others, the buyer's fully paid for property may be considered abandoned
and forfeit and revert to the consignor or SA, if the entire amount of the
buyer's purchases are not paid for within sixty (60) days following the
auction/aftersale sale date.
All property purchased by the buyer, whether at auction
and/or in an after-auction/after-sale or private sale, whether in previous or
current auction(s) and/or after-auction/after-sale or private sale, must be
paid for in full before any of the property is released to the buyer. In the
case of multiple purchases at auction and/or after-auction/after-sale or
private sale, whether in previous or current auctions, whether on one invoice
or several, the buyer may not rescind part of the transaction, by choosing to
pay for one lot but not another. All purchases of any kind from all prior and
current auctions whatsoever must be paid in full by the buyer and then all
purchases will be released in full to the buyer.
The buyer is liable for acceptance of goods and for payment.
In case of delayed payment the purchaser will be held responsible for all
resultant damages, in particular interest and exchange losses. In such an
event, SA reserves the right to annul the purchase contract without further
notice, and to claim damages from the buyer for non-fulfillment. Accordingly,
SA may re-auction the goods at the buyer's expense, in which case the buyer is
liable for any loss incurred. The buyer shall have no claim if a higher price
has been achieved. The buyer will not be permitted to bid on the re-offered
In certain instances, either prior to or subsequent to a
purchase, SA, in its sole discretion, may extend credit to the buyer to enable
the buyer to either purchase lots, or, after a purchase, to pay for the lots.
We offer a FIVE PERCENT (5%) CASH DISCOUNT off of the total invoice
amount (hammer and premium) if payment is made by check, eCheck/ACH payment, or
wire transfer. The 5% discount does not apply to payments made with credit/debit
cards. Please note that the maximum cash discount allowed is $2,000 and
applies to all purchases made during the live auctions, Buy It Now, and
accepted offers on passed lots.
STANFORD HAS A FULLY AUTOMATED ONLINE PAYMENT SYSTEM. IF YOU ARE THE WINNING BIDDER OF ONE OR MORE LOTS IN OUR AUCTIONS AND WISH TO PAY FOR YOUR WINNINGS PLEASE CLICK ON THIS LINK: https://www.stanfordauctioneers.com/winner.asp (if the link doesn’t work please go to our website, click on “Auctions” and then in the drop down menu click on “Pay Auction Invoice”).
The link takes you to the payment system itself as well as a display of
passed lots from our current auctions. If you choose to do so you are welcome
to add any passed lots to your winnings by using the “Buy It Now” feature. You
may also make a reasonable offer on any passed lot. If you have any questions
about the online payment system please call us at 1-602-266-8482 or email us
at: [email protected].
Forms of payment accepted are: cash (day of sale only), money orders,
cashiers checks, personal and corporate checks, eCheck/ACH payments, wire
transfers, and credit/debit cards (Visa/MasterCard/Discover/American Express).
We do not accept PayPal. Please note that card payments above $5,000 may be subject
If you would rather pay over the telephone with a credit/debit card please
call us at 1-602-266-8482 and give us your details verbally. You can also fax
the details to 1-602-266-8459.
Checks are accepted for any amount. Please make payable to Stanford
Auctioneers, Inc. and send to: Stanford Auctioneers, 530 East McDowell Road,
Suite 107-239, Phoenix, Arizona, USA 85004. Kindly make sure you include the
Suite number or your mail may not be delivered to us. Checks must be drawn on a
U.S.A. bank in U.S.A. dollars. Please include your invoice name and invoice
number on your check.
eCheck/ACH payments are accepted for any amount and there is no charge
levied on incoming transfers.
Wire transfers are not accepted for amounts less than $1,000. There is no
charge to the buyer for receiving wire transfers.
For WIRE TRANSFERS/eCheck/ACH PAYMENTS, our instructions are:
JPMorgan Chase Bank, NA
270 Park Avenue, New York, NY 10017 USA
SWIFT/BIC code: CHASUS33 (for wires originating outside of the USA)
ABA Routing Number - 021000021 (for wire transfers)
ABA Routing Number - 122100024 (for eCheck/ACH payments)
Beneficiary Account # 575616078
Account type: Business checking account
Beneficiary Name: Stanford Auctioneers, Inc., 530 E. McDowell Rd. #107-239,
Phoenix, AZ 85004 USA
Reference: Invoice #_______ (please put your invoice number here)
[Please note that IBAN numbers are not used by USA banks]
If you have any questions about payment methods please call us at
1-602-266-8482 or email us at: [email protected]
Please note that we are unable to accept payment for the cost of shipping
your won lot(s). Since we will not be shipping for you, the shipping payment
should be directed to your designated shipper. Payment for your won lot(s)
themselves should be directed to us.
ADMINISTRATIVE BURDEN FEES
In the event of non-payment by the successful winning
bidder, whether bidding during the auction or in after-auction/after sale or
private sale, in its collection efforts to secure payment in full, SA may incur
necessary costs. In its sole discretion, SA may impose the following costs on
the non-paying bidder:
1. Re-sending via email the buyer's initial invoice ($15.00
each time sent).
2. Sending of collection-type emails or letters ($25.00 each
3. Telephone calls to the non-paying bidder ($50.00 each
4. Filing of a dispute about the non-payment with the
on-line bidding company ($25.00).
5. Lifting of the dispute with the on-line company once
payment is secured ($25.00).
6. Declining the non-paying bidder from participating in
future auctions ($25.00).
7. Blocking the non-paying bidder from participating in
future auctions ($25.00).
8. Lifting of the decline (if applicable) once payment is
9. Lifting of the block (if applicable) once payment is
10. Posting of the non-paying bidder's name to the
appropriate area of the on-line bidding company's website ($25.00 each
11. Filing a report with any or all credit reporting
agencies, whether domestic or foreign ($50.00 each Bureau).
12. Communications to and from SA's attorneys and/or
collection agency regarding non-payment:
a. Emails: $50.00 minimum each email.
b. Faxes: $50.00 minimum each fax
c. Telephone calls: $75.00 minimum each call
The above fees are due and payable on demand, and are added
to the buyer's invoice. Until these fees are paid, no property will be
released to the buyer. By acceptance of these T&C, buyer authorizes SA to
charge immediately the buyer's credit card for the above fees as the cost(s) is
(are) incurred by SA. In the event that SA sues buyer in court for non-payment
of the balance due, any unpaid costs will be added to court costs, attorney's
fees, etc. in the eventual judgment against the buyer.
RESCISSION OF SALE DUE TO ADVERSE CLAIM
If we become aware of an adverse claim by a third party
relating to property purchased by the buyer, either prior to or subsequent to
the payment and/or delivery of the lot(s) to the buyer, we may, in our
discretion, immediately rescind the sale. In the case of fully paid for and
delivered goods, the buyer will promptly return the property to us and we will
refund the hammer price and the buyer's premium with respect to the property.
This refund will represent the buyer's sole remedy against us and/or the
consignor in case of a rescission of sale under this paragraph.
RESCISSION OF SALE DUE TO MISSING, DAMAGED, OR LOST LOT(S)
Occasionally we may be unable to locate certain sold lots
which have been purchased during or after an auction. In addition, unknown to
us, certain lots may have been damaged during the preview period. These lots
may or may not have been paid for by the buyer. If we become aware that a lot
or lots is missing, lost, or damaged, we may, in our discretion, immediately
rescind the sale, and you agree to hold us harmless for this action. In the
case of "fully paid for" missing, lost, or damaged lots, we will
refund the hammer price and the buyer's premium with respect to the property to
the buyer. This refund will represent the buyer's sole remedy against us and/or
the consignor in case of missing or lost lots under this paragraph.
SHIPPING INFORMATION & POLICY
Successful bidders at our live auctions as well as buyers during our aftersale period (Buy It Now and Accepted Offer) are responsible for arranging their own shipping and we are happy to help facilitate this process. Local pickup from us is available at no charge.
UPS/USPS/DHL/FedEx world-wide shipping including packing capability:
Gateway Crate and Freight, 600 S. 56th St., Suite 17, Chandler, AZ 85226: tel 480-703-7499, email: [email protected]. Hours (Arizona/Phoenix time): Monday to Friday 8:00am to 4:00pm, Saturdays and Sundays closed.
UPS/USPS world-wide shipping including packing capability:
The UPS Store #4080, 4340 E. Indian School Rd., Suite 21, Phoenix, AZ
85018: tel 602-765-4456, fax 602-957-4771, email: [email protected]. Hours (Arizona/Phoenix time): Monday to Friday 8:00am to 7:00pm, Saturday 9:00am to 5:00pm, Sunday 10:00am to 3:00pm
Please note that FedEx and DHL shipments cannot be made via UPS Stores.
It is incumbent upon the winning bidder to contact a shipper or shippers regarding shipment of items. Once chosen, we assume no responsibility for the shipper’s promptness in picking up your lots from us, nor the shipper’s timeliness in shipping your lots, nor the shipment’s arrival at its destination, nor its condition upon arrival. Please direct any questions regarding pickup and shipment dates to the shipper.
Once you make shipping arrangements please send an email to: [email protected]
authorizing us to provide your lot(s) to that shipper for pick up, packing, and shipping. Without your email authorization we are unable to provide your lot(s) to your shipper.
Your lots are available for pickup no later than two business days after receipt of both your cleared payment and your emailed authorization, in accordance with the following schedule: the first day for pickup is the first Friday after the last day of the auction. On the following and subsequent weeks the pickup days are Tuesday and Thursday. We are unable to deviate from this schedule and we thank you for your understanding.
Please note that we are unable to deliver your lot(s) to your shipper. They must pick them up from us.
If you wish to pickup your lots directly from us, please contact us by telephone at 1-602-266-8482 or email us at: [email protected].
We are unable to accept payment for the cost of shipping your won lot(s). Since we cannot ship for you, the shipping payment should be directed to your shipper. Payment for the won lot(s) themselves should be directed to us and not to the shipper.
Upon request we would be pleased to provide names of additional packers/shippers in our area.
We strongly suggest that you contact a shipper or shippers of your choice prior to bidding. Every shipper should be happy to provide you with a price quote or quotes to pick up, pack, and ship the lot(s) in which you have a bidding interest.
The shipper(s) listed above, in addition to providing packing and shipping services, will handle all related matters for you, including insurance, customs, claims if any, etc.
We do not recommend using FedEx Office for shipping as they do not furnish the full range of services offered by the shipper(s) above.
We suggest you purchase insurance to cover any missing or damaged goods. If an insurance claim becomes necessary the bidder/receiver is responsible for follow-up with the shipping company. In addition we assume no responsibility for acts or omissions in connection with packing or shipping by any third party packer/shipper.
If you have questions about the shipping of your winnings please call us at 1-602-266-8482 or email us at: [email protected].
PROVISION OF AUCTION LOTS
SA endeavors to provide, on a timely basis and in accordance
with the policy above, fully paid for lots to the buyer and/or the buyer's
All property sold by SA by any method of sale is sold AS IS,
WHERE IS, under Caveat Emptor, and SA and its consignors make no guarantees,
warranties, or representations, express or implied, with respect to the
property or the correctness of the catalogue or other description(s) or the
authenticity of ownership, physical condition, size, quality, rarity,
importance, provenance, exhibition history, literature, or historical relevance
of the property, or otherwise. However, the present auction IS NOT an
"absolute auction" where property is sold to the bidder without
limitations and/or contingencies.
Notwithstanding the above, we do warrant the authenticity of
each lot catalogued in our auctions under the terms and conditions set forth
Unless otherwise indicated in the respective catalogue
descriptions (which are subject to amendment by oral or written notices or announcements
made by SA prior to the sale):
(a) With respect to autographed material (letters, historic
documents, literary and musical manuscripts, and inscribed books), we warrant
without time limit the authenticity of each lot catalogued herein; (b) With
respect to books, maps and atlases, any print, poster, drawing, painting,
gouache, watercolor, photograph, sculpture, ceramic, or antique, and any other
works not included in (a) above, unless physical inspection would reveal
self-evident lack of authenticity, we warrant, subject but not limited to the
Cataloguing Practices paragraph above, for a period of sixty (60) days from the
date of the sale, the authenticity of each lot catalogued herein.
Except as noted above, or unless otherwise indicated in the
respective catalogue description, we warrant for a period of thirty (30) days
from the date of sale to the original buyer of record, that each book or
manuscript is complete in text and illustration and generally is in physical
condition as may be reasonably expected considering the age and provenance.
This warranty does not cover damages to binding, stains or foxing, wormholes,
short leaves of text or plates or any defect not affecting the completeness of
the text. Moreover, this warranty does not cover the lack of inserted
advertisements, blank leaves, cancels, or subsequently published volumes.
Serial publications, books in original parts,
extra-illustrated books, made up "albums," and lots described as sold
"as is, where is," "sold not subject to return," "not
collated," "collection of" or "group of," and any lot
containing more than three (3) items, are sold "as is, where is" and
therefore not covered by these warranties. Books, manuscripts, prints, paintings,
posters, drawings, photographs, signatures, or any other property offered in a
lot comprising more than three (3) items, whether or not such items are
individually named, constitute "Grouped Lots." Such "Grouped
Lots" are not subject to return for any reason.
The benefits of these warranties are not assignable and are
applicable: (a) only to the original buyer of the lot; (b) only when the
property has been fully paid for; (c) only when the original buyer of the lot
makes full payment within seven calendar days of the date of sale; (d) only
when the buyer notifies SA in writing within sixty (60) days of the date of
sale by registered USPS mail at SA's address of record of buyer's challenge of
the authenticity of the item (email and verbal communications do not suffice);
and (e) are conditioned on the buyer returning the work in the same condition
in which it was received at time of sale and in the time period specified. The
buyer's sole remedy under these warranties shall be the rescission of the sale
and refund of the original purchase price paid for the item (hammer price and
buyer's premium only, not to include shipping, customs duties, framing, expert
opinions, or any other ancillary costs), and this remedy shall be exclusive and
in lieu of any other remedy which might otherwise be available to the buyer as
a matter of law. With respect to autographed material or any book, portfolio,
map, atlas, print, poster, drawing, painting, gouache, watercolor, photograph,
sculpture, ceramic, antique, or any other object offered for sale, in the event
that a buyer claims that an item is not authentic, SA shall have no obligation
to rescind the sale until the following have been complied with and completed:
1. The buyer has obtained, at the buyer's sole expense, the
written opinions of two independent, recognized experts in the field, who are
mutually agreeable to SA and the buyer, that a lot or portion thereof is not
authentic. Verbal opinions are not accepted. The written opinion must be in
the English language. If the initial written opinion is in a language other
than English, an original certified translation into English of the document
must accompany the opinion. Two opinions are necessary: while we respect the
activities and opinions of experts, authors of monographs and/or catalogues
raisonnes on the artist’s work, authentication boards, foundations, trusts,
spouses, and descendants of the artist's work in question, their opinion(s) may
be mistaken and may be clouded or guided by other agendas.
2. SA, in its discretion, may require that the experts
personally examine the object in question and not rely solely on images of the
object provided to the experts via email, postal mail, CD-ROM, etc.
3. In their written opinions, the experts must give a
detailed rationale as to why they believe the object to be not authentic. The
opinion must be addressed personally to SA at its posted place of business, be
written on the expert's letterhead, and include the expert's full name, mailing
address, telephone number, fax number if any, email address, website address if
any, the date the opinion was rendered, and the fact that the object was
personally inspected by the expert. The opinion letter must be signed by the
expert with an original, autograph signature. If the expert is not
self-employed and is employed by an entity such as a foundation, corporation,
etc., the expert must submit the opinion on the entities' letterhead, with a
statement as to whether the opinion expressed is that of the entity, the
expert, or both.
4. SA may contact the experts directly and, in its sole
discretion, make contact through mail, email, and/or telephone. Refusal by the
expert to communicate by the means of SA's choosing may render the expert's
opinion invalid. SA may require supporting detail, sources, references, certificates
and/or letters of authenticity, sales records, written testimony, provenance,
and the like, in addition to the experts' personal opinions and rationale.
5. The experts must provide to SA a detailed listing of
their qualifications in their field and explain how and why they are qualified
to give an expert opinion on the object. The experts must disclose to SA any
existing relationships with the buyer, which may include personal
relationships, business relationships, etc. The experts must state in their
opinion that they have read the applicable sections of these T&C pertaining
to their examination of the object(s), including but not limited to Description
and Condition of Lots, Cataloguing Practices, Provenance Documentation, and
6. Original copies of the experts opinions, with original
autograph signatures of the experts affixed thereto, must be provided to SA.
We do not hold the expert(s) harmless and reserve the right to seek recourse
against the expert(s) in the case of collusion and related instances.
7. The physical object in question must be returned to SA
in its original sale condition, as sold to the buyer, before the rescission is
8. The process outlined above in paragraphs one through
seven (1-7) must be completed and the documents submitted to SA by the buyer
within sixty (60) days of buyer's notification to SA of buyer's challenge to
the authenticity of the object, or the Warranty is voided.
9. Buyer and experts agree to allow SA the use of the
experts’ authentication material when and if SA approaches the consignor to
recover funds from the transaction(s) that have been authenticated. Buyer and
experts agree to hold SA harmless from the use of the material in any attempts
to recover funds from the consignor to deliver to buyer.
In its sole discretion, SA may require the buyer to sign a
release form before disbursement of any funds to the buyer. This form may
include certain confidentiality provisions. Failure of the buyer to sign this
release may result in cancellation of any refund previously intended for the
If the object has been adjudged inauthentic, SA will make a
claim for restitution on behalf of the buyer against the consignor within a
period of ninety (90) days, running from date the object was adjudged
inauthentic. If SA is successful in recovering the funds from the consignor,
which were paid to the consignor for the purchased goods, SA will immediately refund
these funds, to equal the hammer price plus premium, to the buyer. If SA is
unsuccessful in recovering these said funds from the consignor, SA will pay
these funds out of pocket to the buyer within a period of ninety (90) days,
running from the date that SA was unsuccessful in recovering the funds from the
In every case, the object in question is presumed authentic
as catalogued unless and until proven otherwise through the above described
mechanism. The absence of the object from any monograph and/or catalogue
raisonne of the artist's work is not prima facie proof that the object is not
Notwithstanding the above, in the case of a justified claim
(determined in our sole discretion, subject to change), however, we will accept
the responsibility, without legal obligation, to make a claim for restitution
on behalf of the buyer against the consignor within a period of ninety (90)
days, running from the fall of the hammer or the invoice date, whichever is
earlier. SA in its sole discretion may extend this time period. If SA is
successful in recovering the funds from the consignor, which were paid to the
consignor for the purchased goods, then there is a successful claim, and SA
will refund the hammer price plus premium to the buyer.
Any ability of the buyer to acquire, before, during, or
after the fact of purchase, same, like-kind, or similar objects to those
purchased through SA at a price lower than the SA purchase price DOES NOT
constitute a justified claim.
SA may in its sole discretion allow the return of purchased
property. If it chooses to do so, the returned property is subject to a
re-stocking fee equal to 20% of the total amount paid for the property, or
$100.00, whichever is greater. This amount will be deducted from the amount
paid to the buyer, which amount will be paid in a timely manner.
All materials including, but not limited to, content,
images, photographs, data and intellectual property in all past, present, and
future printed and on-line catalogues published by SA may be protected by
digital watermark technology and are the property of SA and/or the copyright
holder(s) of images. The copying or duplicating of any item in these catalogues
including, but not limited to, images or data is strictly prohibited and
violators will be pursued and prosecuted to the full extent of state, federal
and international law including, but not limited to, the Digital Millennium
SA grants a limited license to access and make personal use
of these catalogues. Such license does not permit the downloading or
modification of these catalogues or their contents, or any portion of an
individual catalogue or its content, without the express written consent of SA.
This license does not permit the resale or commercial use of these catalogues
or their contents; the collection and use of product listings, descriptions, or
prices; derivative use of these catalogues or their contents; downloading or
copying of information for the benefit of another merchant; data mining,
robots, or similar data gathering and extraction tools. These catalogues or any
portion of them may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without the express
written consent of SA. Framing techniques to enclose trademarks, logos, or
other proprietary information (including images, text, page layout, or form) of
SA is also not permitted without express written consent. Any unauthorized use
terminates the permission or license granted by SA.
Notwithstanding the above, SA has the right to use, in its catalogues
and in advertising and promotional materials, images (including photographic
images) of items being sold or that have been sold in its auctions, including
all images of items which have been purchased through SA, whether by auction,
after-auction/after-sale, or private sale.
By acceptance of our T&C, you acknowledge that you have
read and will at all times comply with SA's Intellectual Property section.
Any information you provide to us, and your use of information
provide to the “Platforms” (External Service Providers/ Third Party Websites)
that you choose to bid with or other third parties is governed by their
respective privacy policies. We do not sell or rent your personal information
to third parties for their marketing purposes without your express consent. We
use your information only as described in the Stanford Auctioneers Privacy
Policy. We consider protection of our users' privacy as a high priority. We
store and process your information on computers located in the United States
that are protected by physical as well as technological security devices. You
can access and modify the information you provide. We use third parties to
verify and certify our privacy security methods. For a complete description of
how we use and protectyour personal information, please review the Stanford Auctioneers
this way, please do not use our services.
Our Commitment to Privacy
Stanford Auctioneers is committed to
maintaining user privacy on the Stanford Auctioneers Online Website, accessed
via any website, application, service, or tool, regardless of how you access or
Stanford Auctioneers collects and uses nformation, in connection with your use
of our website and our services, and explains your choices for how we handle
your personal information.
By creating an account, you agree to
agree to its terms and conditions, you should not use or access our website. By
incorporated into and subject to the terms of any agreement you sign with us
and becomes applicable upon our acceptance of you as a registered user. If you
For the purposes of this Privacy
Policy, the term “personal data” means any information that identifies you or
which allows you to be identified when combined with other information.
Table of Contents:
Personal Data We
How We Use Your
When We Share
Your Personal Data
How You Can
Access, Manage, or Correct Your Personal Data
Changes to this
Use of Our
Online Platform by Children
Personal Data We Collect
If you choose to use our services, we may
require collect, use, store, and transfer various categories of personal data
Where possible, we indicate fields
that are required and those that are optional. You are not required to provide
data if you choose not to use a particular service or feature.
Data You Give Us
When you use our website, you may provide
personal data through direct interactions, such as completing forms.
Account Data includes email address, username, and
Profile Data includes first name, last name,
address, and phone number.
Financial Data includes credit card information used
for PayPal, a third party payment processor that processes payments on our
website. In performing its services, PayPal acts as both data controllers
and data processors of your personal data. For any data processing
operations where PayPal acts as a data controller, PayPal’s Privacy
Email Preference Data includes your preferences in
receiving marketing from us.
Communication Data includes personal correspondence sent
via emails, letters, or messages sent through our website, including
feedback and survey responses.
Data We Collect
When you use our
website, we may automatically collect data about your usage and your device so
we can better understand, protect, and improve our service for you and our
community. We collect this personal data by using cookies, web beacons, unique
identifiers, and other similar technologies.
Usage Data includes data about your activities
on our website such as clicks, orders, searches, wishlist, and browsing
actions and patterns.
Technical Data includes internet protocol (IP)
address, location information, your login data, browser type and version,
device type and model, device identifiers, app errors, and debugging info.
Transactional Data includes records of transactions and
payments related to items you purchase through our website.
We also collect, use and share Aggregated Data such as statistical or demographic data
for any purpose. Aggregated Data may be derived from your personal data but is
not considered personal data in law as this data does not directly or
indirectly reveal your identity. For example, we may aggregate your Usage Data
to calculate the percentage of users accessing a specific website feature.
However, if we combine or connect Aggregated Data with your personal data so
that it can directly or indirectly identify you, we treat the combined data as
personal data which will be used in accordance with this privacy notice.
We do not collect any sensitive data
about you, including race or ethnicity, political opinions, religious or
philosophical beliefs, trade union membership, genetics, biometrics, health,
sex life, or sexual orientation. We also do not collect data about criminal
convictions or offenses.
Where possible, we indicate fields
that are required and those that are optional. You are not required to provide
data if you choose not to use a particular service or feature.
How We Use Your Personal Data
We may use your personal data for the
contracts with you and facilitate the services you personally request
To provide you
customer support via various channels, including email, phone, and live
To improve our
content, layout, and product offerings
To show you
suggestions and targeted advertisements, including on other websites,
based on your activities on our website
consumer interest in our products and services
To inform you
about online and offline offers, products, services, and updates,
including sending to you announcement and newsletter emails regarding
Stanford Auctioneers’ upcoming and prior auctions and purchase/bidding
feedback about your experience using our service
To invoice you
and collect money owed to us by you
To detect and
protect us against error, fraud, and other like activity
compliance with our Terms & Conditions and applicable agreements, and
to protect the rights and safety of our consignors and third parties, as
well as our own
To comply with
our legal obligations, including keeping records, and comply with any
duties in the context of investigations by competent authorities
When We Share Your Personal Data
When Using Services
Provided by Third Parties
When using your personal data we may have
to share your personal data with third parties. These services include:
processor PayPal to ensure safe payments when you buy items on our website
and choose to pay via the Stanford Auctioneers payment system.
providers and push notification tools who support us in sending
transactional and marketing or promotional messages.
providers who provide customer service and sales support tools.
providers who assist us in securing our website against fraud.
partners who allow us to analyze our website usage so that we may make it
easier, safer, and quicker to use.
partners to inform you about products and services on third party sites.
We require third parties acting as data
processors to respect the security of your personal data and to treat it in
compliance with the law. We do not allow our third party service providers to
use your personal data for their own purposes and only permit them to process
your personal data for specified purposes and in accordance with our
When Legally Required
We may disclose your information where we
are legally required to do so in order to comply with applicable law,
governmental requests, a judicial proceeding, court order, or legal process,
such as in response to a court order or a subpoena (including in response to
public authorities to meet national security or law enforcement requirements).
We may share or transfer your information
in connection with, or during negotiations of, any merger, sale of company
assets, financing, or acquisition of all or a portion of our business to
How You Can Access, Manage, and Correct Your Personal Data
You can update the personal data associated
with your account by visiting your Account Settings. You may also control the
receipt of certain types of communications from Stanford Auctioneers in Account
Settings. Some of these messages, such as transactional messages or legal
notices, are required. To delete or request a downloadable copy of your
personal data from Stanford Auctioneers, contact us at [email protected] We may retain certain data as required by
law or as necessary for our legitimate business purposes.
EU Individuals - Your Legal Rights Under GDPR
You have the following rights under data
privacy laws with respect to your personal data:
Request access to your personal data (commonly known
as a "data subject access request"). This enables you to receive
a copy of the personal data we hold about you and to check that we are
lawfully processing it.
Request correction of the personal data that we hold
about you. This enables you to have any incomplete or inaccurate data we
hold about you corrected, though we may need to verify the accuracy of the
new data you provide to us.
Request erasure of your personal data. This enables
you to ask us to delete or remove personal data where there is no good
reason for us continuing to process it. You also have the right to ask us
to delete or remove your personal data where you have successfully
exercised your right to object to processing (see below), where we may
have processed your information unlawfully or where we are required to
erase your personal data to comply with local law. Note, however, that we
may not always be able to comply with your request of erasure for specific
legal reasons which will be notified to you, if applicable, at the time of
Request to restrict processing of your personal data. This enables
you to ask us to suspend the processing of your personal data in the
following scenarios: (a) if you want us to establish the data's accuracy;
(b) where our use of the data is unlawful but you do not want us to erase
it; (c) where you need us to hold the data even if we no longer require it
as you need it to establish, exercise or defend legal claims; or (d) you
have objected to our use of your data but we need to verify whether we
have overriding legitimate grounds to use it.
Request transfer of your personal data to you or to a
third party. We will provide to you, or a third party you have chosen,
your personal data in a structured, commonly used, machine-readable
format. Note that this right only applies to automated information which
you initially provided consent for us to use or where we used the
information to perform a contract with you.
Object to processing of your personal data where we are
relying on a legitimate interest (or those of a third party) and there is
something about your particular situation which makes you want to object
to processing on this ground as you feel it impacts on your fundamental
rights and freedoms. You also have the right to object where we are
processing your personal data for direct marketing purposes. In some
cases, we may demonstrate that we have compelling legitimate grounds to
process your information which overrides your rights and freedoms.
Withdraw consent at any time where we are relying on consent to
process your personal data. However, this will not affect the lawfulness
of any processing carried out before you withdraw your consent. If you
withdraw your consent, we may not be able to provide certain products or
services to you. We will advise you if this is the case at the time you
withdraw your consent.
California Residents - Your Legal Rights under CCPA
California Consumer Privacy Act of 2018, California residents may request
Stanford Auctioneers disclose the following information related to their
of personal information we have collected.
of sources from which the personal information is collected.
The business or
commercial purpose for collecting or selling personal information.
of third parties with whom the business shares personal information.
pieces of personal information it has collected about that consumer.
Additionally, California residents may
request Stanford Auctioneers delete their personal data by emailing [email protected]. Stanford Auctioneers will verify the
request and will delete data that is not subject to exemptions as defined by
No sale of personal information. In the twelve months prior to the
effective date of this Disclosure, Stanford Auctioneers has not sold any
personal information of consumers, as those terms are defined under the
California Consumer Privacy Act.
No Discrimination. Stanford Auctioneers will not discriminate
against any consumer for exercising their rights under the California Consumer
The security of your personal data is
important to us. We use industry-standard technical and organizational
practices and procedures to protect your personal data from unauthorized or
unlawful processing, accidental loss, and destruction or damage. Additionally,
we limit access to your personal data to employees and third parties who have a
business need to know.
We will retain your data as long as your
account is active, as necessary to provide you services. We will also retain
and to the extent necessary to comply with our legal obligation, resolve
disputes, and enforce our agreements and protect Stanford Auctioneers’ legal
We also collect and maintain
aggregated, anonymized, or pseudonymized data which we may retain indefinitely
to protect the safety and security of our website, improve our Services, or
comply with legal obligations.
Stanford Auctioneers is headquarted in the United States and may have affiliates and service providers in other countries. Your
information, including personal data that we collect from you, may be
transferred to, stored at and processed by us and our affiliates and other
third parties outside the country in which you reside, including, but not
limited to the United States, where data protection and privacy regulations may
not offer the same level of protection as in your jurisdiction. We will take
all reasonable steps to ensure that your data is treated securely and in
accordance with this Policy.
References to “personal data” in this
data protection legislation. We use the following safeguards if Stanford
Auctioneers transfers personal information originating from the European Union
to other countries not deemed adequate under applicable data protection law:
Privacy Shield Frameworks
for Data Transferred to the United States from the EU/Switzerland
Stanford Auctioneers complies with the
EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as
set forth by the US Department of Commerce regarding the collection, use, and
retention of personal information from European Union member countries
(including Iceland, Liechtenstein, and Norway), the United Kingdom, and Switzerland transferred to the United States pursuant to Privacy Shield. Stanford Auctioneers
certifies that it adheres to the Privacy Shield Principles with respect to such
data subject rights under the Privacy Shield Principles, the Privacy Shield
Principles shall govern. To learn more about the Privacy Shield program please
With respect to personal data
received or transferred pursuant to the Privacy Shield Framework, Stanford
Auctioneers is subject to the regulatory enforcement powers of the U.S. Federal
Pursuant to the Privacy Shield
Frameworks, EU and Swiss individuals have the right to obtain our confirmation
of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information
that we hold about you. You may also may correct, amend, or delete the personal
information we hold about you. An individual who seeks access, or who seeks to
correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to [email protected]. If requested to remove data, we will
respond within a reasonable timeframe.
We will provide an individual opt-out
or opt-in choice before we share your data with third parties other than our
agents, or before we use it for a purpose other than which it was originally
collected or subsequently authorized. To request to limit the use and disclosure
of your personal information, please submit a written request to [email protected].
Stanford Auctioneers’ accountability
for personal data that it receives in the United States under the Privacy
Shield and subsequently transfers to a third party is described in the Privacy
Shield Principles. In particular, Stanford Auctioneers remains responsible and
liable under the Privacy Shield Principles if third-party agents that it
engages to process the personal data on its behalf do so in a manner inconsistent
with the Principles, unless Stanford Auctioneers proves that it is not
responsible for the event giving rise to the damage.
In compliance with the Privacy Shield
Principles, we commit to resolve complaints about our collection or use of your
personal information transferred to the United States pursuant to Privacy
Shield. European Union and Swiss individuals with Privacy Shield inquiries or
complaints should first contact Stanford Auctioneers at [email protected].
Stanford Auctioneers has further
committed to refer unresolved Privacy Shield complaints to the Better Business
Bureau, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgement of your complaint from us, or
if we have not addressed your complaint to your satisfaction, please contact or
visit https://www.bbb.org/EU-privacy-shield/for-eu-consumers/ for
more information or to file a complaint. The services of the Better Business
Bureau are provided at no cost to you.
We reserve the right to modify this Privacy
Policy at any time. We encourage you to periodically review this page for the
latest information on our privacy practices. If we make material changes to
where we have your contact information, or another manner through the Service
that we believe reasonably likely to reach you, which may include posting a new
Any modifications to this Privacy
Policy will be effective upon our posting of the new terms and/or upon
implementation of the new changes on the Service (or as otherwise indicated at
the time of posting). In all cases, your continued use of the Service after the
of Our Website by Children
Our Online Platform is not intended for
children (persons under the age of 18) and we do not knowingly collect data
about children. We ask that children do not submit any personal data. If you
are under the age of 18, you may only use this website in conjunction with and
under the supervision of parents or guardians.
If you have a
access, correct, amend, or delete any personal data, you can contact us at [email protected] or by post to: Stanford Auctioneers 530 E. McDowell Rd. #107-239 Phoenix, Arizona 85004
DIGITAL MILLENNIUM COPYRIGHT ACT
Pursuant to article 201.38 of the Interim Regulation, SA's
registered agent is as follows: Legal Name and Address: Stanford Auctioneers,
530 E. McDowell Road, #107-239, Phoenix, Arizona, 85004 USA; Names doing
business under: Stanford Auctioneers; Designated Agent: Joseph Stanford;
Address of agent: Stanford Auctioneers, 530 E. McDowell Road, #107-239,
Phoenix, Arizona, 85004 USA; Email for notice: [email protected]
This information is provided to help owners of intellectual property report
potentially infringing items in SA catalogues, under the notice requirements of
the Digital Millennium Copyright Act.
All rights to any and all publications of SA and its website
will be vigorously defended.
All images contained in SA's written or on-line catalogues
or in any other publication by us in whatever form, including our website,
shall remain the property of their respective owners, and the buyer of any
object from SA shall have no right of ownership, use, or reproduction of any
such material by virtue of any purchase of property or otherwise.
You are not permitted to distribute, modify, transmit,
reuse, repost, or use any text or graphic material from any publication of SA
or from its website for public or commercial purposes, without the prior
written permission of SA. This especially includes, but is not limited to, art
price and art data reporting companies and their respective on-line Internet
databases, whether for-profit or non-profit, as well as on-line Internet art
information and art reference sites.
No part of any of SA's publications in any format or its
website may be reproduced, transmitted or used in any form or by any means -
graphic, electronic, or mechanical, including photocopying, recording, typing,
or by any information and storage retrieval system or otherwise - without the
prior written permission of SA.
SA's publications in any format and its website are creative
works fully protected by all applicable copyright laws, as well as by
misappropriation, trade secret, unfair competition, and other applicable laws.
The authors and editors of SA's publications and its website have added value
to the underlying factual material therein through one or more of the
following: unique and original selection, compilation, coordination,
expression, arrangement, classification of the information, totality of
information, and other contributions, without limitation.
You should assume that everything you see or read in any
catalogue or publication of SA and its website is copyrighted unless otherwise
noted and may not be used without the prior written permission of the copyright
ERRORS AND OMISSIONS
SA is not responsible for typographical errors or omissions.
IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION
WITH OUR AUCTIONS, OUR SERVICES, THE FAILURE OF ANY BID OR PRICING INFORMATION
TO BE TRANSMITTED TO OR RECEIVED BY YOU IN A TIMELY MANNER, THE INTERRUPTION OF
ANY DATA TRANSMISSION, AUDIO OR VIDEO BROADCAST, OR THIS AGREEMENT (HOWEVER
ARISING, INCLUDING NEGLIGENCE). Some states do not allow the limitation of
liability, so the foregoing limitation may not apply to you.
SA may change, add or remove any part of its T&C at any
time. If it does so, SA will post such changes on its website. IF ANY FUTURE
CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE BIDDING AT OUR AUCTIONS
OR BUYING FROM US AFTER-AUCTION/AFTER-SALE OR BY PRIVATE SALE. YOUR CONTINUED
USE OF OUR SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH
CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THE T&C, AND OF ANY SUCH CHANGES.
(a) Stanford Auctioneers' mailing address is 530 E. McDowell
Road, #107-239, Phoenix, Arizona 85004 USA; Email:
[email protected]; website: www dot stanfordauctioneers dot com. Our
public office hours are Monday through Friday, 11:00am to 3:00pm, Phoenix time. We are closed weekends and holidays. (b) If any provision of these T&C
is held to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. In our sole discretion, we may assign
this. (c) Headings are for reference purposes only and do not limit the scope
or extent of such section. (d) Our failure to act with respect to a breach by
you or others does not waive our right to act with respect to subsequent or
similar breaches. We do not guarantee we will take action against all breaches
of these T&C. (e) We may amend the T&C at any time by posting the
amended terms on our website. These T&C sets forth the entire
understanding and agreement between us with respect to the subject matter
By making a bid, either verbally in the auction, or by
telephone, or written by letter, or fax, or email, or via the Internet, or
making a bid or offer in an after-auction/after-sale or private sale, the
bidder confirms that he has taken notice of these T&C by auction,
after-auction/after-sale, and private sale and accepts them. Agents who act on
behalf of a third party are jointly and separately liable for the fulfillment
of this contract on behalf of their principals. These conditions of sale will
also apply to all purchases made out of this catalogue, past sale catalogues,
or non-catalogued goods, after the regular sale. The rights and obligations of
the parties shall be governed by the laws of the State of Arizona. All bidders
and the purchaser submit to the personal jurisdiction of the Arizona State courts and their rules and procedures in case of any dispute.
Except as explicitly stated otherwise, legal notices shall
be served on SA's registered agent.
The place of fulfillment and jurisdiction is Phoenix, Maricopa County, Arizona, United States of America.