Special Terms
All proceeds (100%) of the IDEX charity auction to benefit CAAF (Children Affected by Aids Foundation) are being donated to that charity. Theriault’s and Proxibid have both donated their services and expenses to aid that worthy cause. There is no buyer’s premium at this auction.
The following Terms of Sale and Guarantees are the only terms and conditions by which all lots are offered for sale.
1. All items are sold “as is”. Descriptions of the items will endeavor to include condition reports, comments, and attributions as to maker and date of origin, but failure to include such description, or any part of such description, or error in attribution, does not constitute a right to return the item. All sales are final.
2. The gallery reserves the right to reject any bid from any bidder. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders or in the event of doubt on the part of the gallery as to the validity of any bid, the auctioneer shall have the final discretion either to determine the successful bid or to reoffer and resell the lot in dispute.
3. Registration is required of all bidders. Exemption from appropriate sales tax is applicable to those buyers who complete and sign required exemption form.
4. On the fall of the auctioneer¹s hammer, title to the offered lot passes to the successful bidder, whether bidding in person or in absentia, subject to the conditions set forth herein. If these conditions are not compiled with, in addition to other remedies available to the Auctioneer and Consignor by law, including without limitation the right to hold the purchaser liable for the bid price, the Auctioneer at its option, may resell the property on three days notice to the purchaser and on the account and risk of the purchaser, either publicly or privately, and in such event, the purchaser shall be liable for the payment of any deficiency plus all costs, including but not limited to, warehousing, the expenses of both sales, Theriault¹s/IDEX standard commission on both sales, reasonable legal fees, and other incidental costs or damages incurred.
5. If the auctioneer determines that any opening value is not commensurate with the value of the lot offered, he may reject the same and withdraw the article from sale.
6. The gallery reserves the right to withdraw any lot or property before the actual sale.
7. For the convenience of specialized collectors or for the purchaser who wishes detailed descriptions of particular items, we have the Buyer Advisory Service at our office. Please contact this free service to discuss your interests.
All property is sold “AS IS”, and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Theriault's/IDEX may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall Theriault's/IDEX be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value.
Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Theriault's/IDEX shall endeavor to describe in detail each item and any pertinent information about it.
Theriault's/IDEX will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase.
Theriault's/IDEX is providing Internet pre-auction and live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Theriault's/IDEX or anyone else if the Internet service fails to work correctly before or during the live auction. Theriault's/IDEX will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. Theriault's/IDEX reserves the right to withdraw or re-catalog items in this auction.