Conditions of Sale
TERMS & CONDITIONS
The following Terms and Conditions of Sale are the Santa Fe Art Auction Limited Co.'s ("Santa Fe Art Auction") and its agents' and consignors' entire agreement with the prospective bidders, bidders and buyers relative to the lots listed in this sale. The lots will be offered by the Santa Fe Art Auction as agent for the consignors, unless otherwise stated.
1. The Santa Fe Art Auction assumes no risk, liability or responsibility beyond the limited warranty contained herein.
(a) Except as set forth in paragraph 1(b) below, all lots are sold "AS IS." There are no representations or warranties that extend beyond these Terms and Conditions of Sale. All lots shall be available for examination prior to the sale. The Santa Fe Art Auction and its agents and consignors make no representations or warranties as to merchantability, fitness for a particular purpose, correctness of the catalog information or descriptions of lots, including, but not limited to, the physical condition, size, quality, rarity, importance, medium, provenance, dates, exhibitions, literary or historical relevance of any lot and no statement anywhere, whether oral or written, whether made in the digital catalog, an advertisement, a bill of sale, a salesroom posting or announcement, or elsewhere, shall be deemed such a warranty, representation or assumption of liability. There are no representations and warranties, express or implied, as to whether the Buyer acquires any copyrights, including, but not limited to, any reproduction rights in any lot. Contents of this digital catalog are subject to change or supplementation before or during the sale, including the sale of any lot.
(b) The authenticity of the authorship attributed to the lots as described in this sale is guaranteed only to the limited extent as stated in this paragraph 1(b).
(i) The authorship attributed to a lot includes name of the artist and any reservations therewith stated, as, for example, "attributed to," "in the school of" or "appears to have been signed by." The Santa Fe Art Auction makes no warranties whatsoever, express or implied, with respect to any material in the sale other than the authorship attributed to the lots.
(ii) This guarantee is further limited as follows: The benefits of this guarantee are not assignable and shall be available only to the Buyer of record; this guarantee shall remain in force and be effective only if notice of rescission is given to the Santa Fe Art Auction within three (3) years following the date of sale, provided the lot is tendered to the Santa Fe Art Auction in Santa Fe, New Mexico, in the same condition as the lot was found at the time of sale; and that the rescission of a sale and the refund of the total purchase price paid (i.e., the successful bid price, plus the buyer's premium and applicable tax) is exclusive and in lieu of any other remedy which might otherwise be available, and that the Santa Fe Art Auction and its consignors shall not be liable to the Buyer for any incidental, consequential, special, compensatory or punitive damages.
(iii) In remitting payment hereunder, Buyer agrees and acknowledges that the absolute limit of Santa Fe Art Auction's, its agents' or consignors' liability and responsibility shall not exceed the total purchase price.
2. Prospective bidders should inspect the lots before bidding to determine condition, size and whether or not the lot has been repaired or restored and to investigate all other matters relating to the lot that is of material importance to the prospective bidder.
3. A buyer's premium will be added to the successful bid price and is payable by the Buyer as part of the total purchase price. If paying by cash or check, the buyer's premium is 22% of any successful bid price under $500,000. If paying by credit card, the buyer's premium is 25% of any successful bid price under $500,000.
4. Unless exempted by law, the Buyer will be required to pay all applicable state and local sales, gross receipts, and compensation tax. Proof of exemption in the form of a current Non-Taxable Transaction Certificate must be provided at registration. In the event of deliveries outside the state, it is the Purchaser's responsibility to pay any applicable compensating use tax of another state on the total purchase price. If a buyer requests that artwork be shipped to an address in New York State, we must collect New York sales tax due to an affiliated business located in New York City under recent legislation (Part P-1 of Chapter 57 of the Laws of 2009).
Since the 2018 South Dakota v. Wayfair, Inc. ruling, most US states have implemented legislation requiring remote sellers to collect sales tax when the total dollar value of purchases sent to that state exceeds a set threshold. Each state sets its own threshold. Exceeding that threshold is known as creating an economic nexus. Like all other remote sellers, Santa Fe Art Auction is now required to collect Sales/Use Tax from buyers in any state when the total dollar value of purchases sent to that state creates a nexus. When this occurs, you will see sales tax included on your invoice. The sales tax rate is determined by the state, county, and city where purchases are sent. As of January 2021, SFAA has met the nexus in the following states: Arizona, Colorado, Texas and Utah.
Why SFAA Collects Sales Tax: New Mexico requires a seller of goods to register with the New Mexico Department of Taxation and Revenue and collect and remit sales tax if the seller maintains a presence within the state. More specifically, tax laws require an auction house, like Santa Fe Art Auction, with a presence in New Mexico, to register as a sales tax collector, and remit sales tax collected to the state. Unless exempted, New Mexico sales tax is charged on the hammer price, buyer's premium and any other applicable charges on any property picked up or delivered in New Mexico, regardless of the state or country in which the purchaser resides or does business.
Certain Exemptions: New Mexico allows for specified exemptions to its sales tax. For example, a registered re-seller such as a registered art dealer may purchase without incurring a tax liability, and Santa Fe Art Auction is not required to collect sales tax from such re-seller. As sales tax laws vary from state to state, Santa Fe Art Auction recommends that clients with questions regarding the application of sales or use taxes to property purchased at auction seek tax advice from their local tax advisors.
5. The Santa Fe Art Auction reserves the right to withdraw any lot before or during the sale and shall have no liability whatsoever for such withdrawal.
6. Except as may be announced by the auctioneer, all bids are per lot, as numbered in the online catalog.
7. The Santa Fe Art Auction reserves the right to reject any bid. The highest bidder acknowledged by the auction will be the Buyer, subject to reserves. In the event of any dispute between bidders, or in the event of doubt as to the validity of any bid, Santa Fe Art Auction will have the final discretion to determine the successful bidder, cancel the sale, or reoffer and resell the lot in dispute. If any dispute arises after the sale, the Santa Fe Art Auction's sale record shall be final and conclusive. The Santa Fe Art Auction, in its discretion, may execute orders or absentee bids as a convenience to clients who are not present for the live online auction; however, the Santa Fe Art Auction is not responsible for any errors or omissions in connection therewith.
8. If Santa Fe Art Auction, in its discretion, determines that any bid is below the reserve of the lot, he or she may reject the same and withdraw the lot from sale, and if, having acknowledged an opening or other bid, the auctioneer decides that any advance thereafter is insufficient, he or she may reject the advance.
9. At the end of the bidding period, the highest bidder acknowledged by Santa Fe Art Auction assumes full risk and responsibility for the offered lot, subject to all of the Terms and Conditions of Sale set forth herein, and is immediately obligated to pay the full purchase price. All sales are final and there shall be no exchanges or returns. Payment shall be made by cash, check, Paypal, or wire transfer. As set forth in paragraph 3, above, for an additional percentage Santa Fe Art Auction will also accept credit cards as a form of payment. (Visa /MasterCard/American Express).
In addition to other remedies available to Santa Fe Art Auction by law, we reserve the right to impose, from the date of sale, a late charge of 1.5% per month (18% per annum) of the total purchase price, if payment is not made in accordance with the conditions set forth herein.
(a) All lots must be removed by the Buyer at his or her expense not later than ten (10) business days following the sale, and, if it is not so removed, (i) a handling charge of 1% of the total purchase price per month, or a portion thereof from the tenth day after the sale (until its removal) will be payable to us by the Buyer, with a minimum of 5% of the total purchase price due for any lot not so removed within 60 days after the sale, and (ii) Santa Fe Art Auction may send the purchased lot to a public warehouse for the account of and at the risk and expense of the Buyer.
(b) If any applicable conditions herein are not complied with by the Buyer, the Buyer will be in default, and in addition to any and all other remedies available to the Santa Fe Art Auction and its agents and consignors by law, including, without limitation, the right to hold the Buyer liable for the total purchase price, together with all fees, charges and expenses set forth in these Terms and Conditions of Sale, the Santa Fe Art Auction, at its sole option, may (i) cancel the sale of that, or any other lot or lots sold to the defaulting Buyer, or (ii) resell the purchased lot or lots, whether at auction or by private sale, or (iii) effect any combination thereof. The Buyer will be liable for any deficiency, any and all costs, handling charges, late charges, expenses and commissions of both sales, legal fees and expenses, collection fees and incidental damages. The Santa Fe Art Auction and its agents and consignors shall have all of the rights accorded to a secured party under the New Mexico Uniform Commercial Code. The Buyer of each lot agrees that each lot is unique and that Santa Fe Art Auction, in its sole discretion, shall not be required to sell or otherwise seek to mitigate damages should such Buyer fail to pay the total purchase price. Payment will not be deemed to have been made in full until the Santa Fe Art Auction shall have collected good funds. The Santa Fe Art Auction reserves the right to hold all purchases pending collection of the total purchase price, together with all additional fees, charges and expenses incurred pursuant to these Terms and Conditions of Sale.
10. Some lots in the sale are subject to a reserve, which is the confidential minimum price acceptable to the consignor. The Santa Fe Art Auction, or its agents or consignors, may implement such reserve by opening the bidding or they or either of them may bid up to the amount of the reserve by placing successive or consecutive bids for a lot or may bid in response to other bidders. In instances where the Santa Fe Art Auction has an interest in the lot, it may bid up to the reserve to protect such interest. The Santa Fe Art Auction, or its agents or consignors, may also bid upon other lots listed in this online catalog.
11. Santa Fe Art Auction is the owner of images of each lot offered for sale and may use such images for its own archival purposes, as well as for advertising and publicity in connection with this or future sales by the Santa Fe Art Auction.
12. These Terms and Conditions of Sale, together with the parties' respective rights and obligations hereunder, shall be governed and construed and enforced in accordance with the laws of the State of New Mexico, without regard to New Mexico's rules concerning conflicts of laws.
13. Prospective bidders, bidders and Buyers agree that, in the event of any controversy or claim arising out of or relating to a sale of any lot, the party asserting such controversy or claim shall provide written notice thereof to the other party; that any such controversy or claim not settled within fourteen (14) days of delivery of notice by the other party, including, without limitation, any controversy or claim arising from, or relating to, the sale of any lot or any of these Terms and Conditions of Sale, including the terms of this paragraph, the sole and exclusive means for resolving the dispute shall be by binding arbitration in Santa Fe, New Mexico. Said arbitration shall be confidential and shall be pursuant to the New Mexico Uniform Arbitration Act, shall be conducted before a single arbitrator, and shall otherwise be guided by the then extant New Mexico Rules of Arbitration. This Agreement is deemed made in Santa Fe, New Mexico, and is subject to the internal substantive law of the State of New Mexico without regard to conflicts of laws. The award of the arbitrator shall be final, and may be entered into any court having jurisdiction thereof. Each party shall bear that party's own costs of arbitration and attorney's fees.
14. The Santa Fe Art Auction may, in its discretion and at a Buyer's request, release the artwork to a third party shipper for transport. In such event, buyer must submit a shipping release form, included with invoice, and will release all liability to said third party shipper.
Santa Fe Art Auction may also, at the request of the buyer, pack and ship artworks in-house. In such event, Buyer agrees to the following conditions:
(a) All such packing, handling and shipping is at the sole risk of the Buyer and the Santa Fe Art Auction shall have no liability for any loss or damage to such items, and
(b) Buyer shall pay all related expenses in advance. Buyer should allow four to six weeks for shipping from the date of the auction.
15. Results are posted on the online platform web site and, upon request, may be sent to Buyers, catalog subscribers, absentee and phone bidders, and other registered bidders.
16. If any part of these Terms and Conditions is held invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
17. These Terms and Conditions are not assignable by any buyer without the prior written consent of the Santa Fe Art Auction. However, these Terms and Conditions are binding on the buyer's successors, assigns and representatives.
18. No act, omission or delay by the Santa Fe Art Auction shall be deemed a waiver of its rights and remedies under these Terms and Conditions.
19. The Santa Fe Art Auction shall use reasonable efforts to contact prospective buyers who have made prior arrangements to place telephone bids in order for these buyers to participate in the auction. The Santa Fe Art Auction shall not be liable for its failure to contact said bidders or for any errors or omissions made in connection with telephone bids since telephone bids are offered as a free service that is undertaken subject to the other commitments of Santa Fe Art Auction during the sale.
20. Santa Fe Art Auction shall not be liable for any errors or omissions made in connection with online bids or the online bidding process. Although Santa Fe Art Auction will do everything in its power to assure all online bids are recognized, Santa Fe Art Auction has no way of guaranteeing that the internet and the online bidding process will be free from technical malfunctions. Santa Fe Art Auction will not be responsible for errors or failures to execute bids placed on the internet, including, without limitation, errors or failures caused by (i) a loss of connection on Santa Fe Art Auction's or on the Buyer's end, (ii) a breakdown or problems with the online bidding software, and/or (iii) a breakdown or problems with a Buyer's internet connection, computer or system. Santa Fe Art Auction does not accept liability for failing to execute an online internet bid or for errors or omissions in connection with this activity.
The Santa Fe Art Auction is presented in association with Gerald Peters Gallery
Shipping Terms
Shipping
The Santa Fe Art Auction does not provide in-house shipping services for online-only auctions but we are happy to provide a selection of local third-party shippers. Buyers are required to provide written authorization by submitting a signed shipping release and waiver of liability form, included with our invoice, in order to release property to the third party shipper of Buyer's choice.
Santa Fe Art Auction may in certain circumstances, and at its discretion upon the request of the buyer, pack and ship artworks in-house. In such event, Buyer agrees to the following conditions:
(a) All such packing, handling and shipping is at the sole risk of the Buyer and the Santa Fe Art Auction shall have no liability for any loss or damage to such items, and
(b) Buyer shall pay all related expenses in advance. Buyer should allow four to six weeks for shipping from the date of the auction.
SANTA FE ART AUCTION IS PLEASED TO PRESENT THE FOLLOWING SHIPPING OPTIONS. PURCHASES SHALL NOT BE RELEASED UNTIL PAYMENT IS RECEIVED IN FULL.
_____ I would like to pick up my artworks from Santa Fe Art Auction.
Arrangements for pick up must be made within 2 weeks post sale via email or telephone. I understand that I may be liable for New Mexico Sales tax.
_____ I would like for Santa Fe Art Auction to arrange shipping.
Arrangements for pick up must be made within 2 weeks post sale via email or telephone. I understand that I may be liable for the sales tax at my shipping address.
_____ I would like my artwork to be released to a third-party shipping company (selected below).
If I select this method of shipping, I understand I must sign and deliver to the Santa Fe Art Auction the Release and Insurance Waiver below.
PAKMAIL
369 Montezuma Avenue
Santa Fe, NM 87501
Telephone: 505-989-7380
Website: weshipsantafe.com.
Art Handlers LTD
1570 Pacheco St. Suite A-1
Santa Fe, NM 87505
Telephone: 505-982-0228
[email protected]
Other:
Company Name / Authorized Agent _____________________________
Address __________________________
Telephone __________________
E-mail ____________________
RELEASE & INSURANCE WAIVER
1. I, ________________ ("Purchaser") have paid for and own the following art: Lot (s) # ________________ (hereinafter "Work(s) of Art").
2. I want my Work(s) of Art shipped via this shipper: ___________ ("Shipper"). Santa Fe Art Auction ("SFAA") is hereby directed to release the Work(s) of Art to Shipper at SFAA's location in Santa Fe, New Mexico on a date stated in writing to SFAA by Purchaser.
3. SFAA shall be released and discharged from any and all duties of care owing from SFAA to Purchaser and Purchaser hereby unconditionally waives any and all claims against SFAA.
4. Purchaser acknowledges and agrees that SFAA, and any of their agents do not carry specific insurance for the Work(s) of Art listed. The Purchaser has agreed to arrange or cause to be arranged the insurance for the transit and handling of the property. SFAA shall bear no responsibility for the adequacy of the Purchaser's insurance.
5. Upon delivery of the Work (s) of Art to Shipper, and at all times thereafter, Purchaser shall indemnify and hold SFAA harmless from and against any and all claims related to the Work(s) of Art, directly or indirectly, however such claims may arise.
6. Purchaser affirms to SFAA that Purchaser has the authority to execute and perform this Release.
__________________________________________________
Buyers Signature Date
Sales Tax Information
We must charge sales tax in New Mexico, New York, Arizona, Colorado, Texas and Utah for all lots sold to those states. This will be reflected on your invoices.
Santa Fe Art Auction is not required to collect sales tax from Alaska, Delaware, Montana, New Hampshire, or Oregon. Recently revised tax laws require all businesses to collect sales tax if they meet a given state's threshold for an economic nexus. An economic nexus is used in place of a physical presence in the state and can be met by either a total sales amount limit into that state or a total number of individual transactions into that state.Due to the variable nature of auction sales, and the small window in which they occur, the Santa Fe Art Auction does not yet know if the states not listed above will require sales tax collection, as that will be determined by the total dollar amount sold into each state--which cannot be predicted. The Santa Fe Art Auction will be tracking these totals to the extent possible during the sale, and will strive to inform the purchaser at the time of invoicing if sales tax collection is required; however, it may be necessary to bill for sales tax post-sale if the threshold for an economic nexus in the purchaser's state is met after the purchaser has paid.
Even if the Santa Fe Art Auction is not required to collect sales tax from the purchaser's state, unless exempted by law, the purchaser will be required to pay all applicable state and local sales, gross receipts, and compensation tax per the terms and conditions.
If the purchaser has a valid resale certificate, the purchaser will not be required to pay sales tax. Please provide a copy of this certificate at the time of registration for tax compliance.
