Bill Mack large original sand sculpture -"Picasso"

Bidder agrees that everything is sold 'AS IS' and that they may not return any item they purchase. CAA is providing Internet bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly. Under no circumstances shall Bidder have any kind of claim against CAA or anyone else if the Internet service fails to work correctly before or during the auction. CAA 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 before the auction begins. CAA reserves the right to withdraw or re-catalog items in this auction. Any item that is not paid in full by the end of the checkout deadline will be considered abandoned by the bidder, at which point the item(s) will be disposed at the discretion of CAA. The average checkout deadline is 48 hours from the conclusion of the auction. TERMS AND CONDITIONS OF SALE: 1. All items are sold AS IS, WHERE IS with all faults. ALL SALES ARE FINAL – NO REFUNDS AND NO EXCHANGES. WE AND THE CONSIGNOR DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANT-ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO WARRANTIES ARE MADE THAT ANY OF THE MERCHANDISE COMPLIES WITH ANY APPLICABLE GOVERNMENTAL RULES, REGULATIONS OR ORDINANCES OF ANY KIND OR NATURE WHATSOEVER. All items are available for inquiries prior to bidding. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. CAA attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. 2. All property is sold AS IS, WHERE IS and neither CAA nor the consignor makes any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of property or estimate of value. No statement (oral or written) in this catalog, at the sale, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. All measurements are approximate. 3. The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubt on CAA’s part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, CAA’s sale record is conclusive. 4. The purchaser assumes full responsibility for items at the fall of the hammer. 5. A 18% buyer’s premium will be added to the hammer price on each lot sold. 6. For all residents of California, 9.0% sales tax will be added to your invoice. 7. PAYMENT: We accept bank wire transfers, cashier’s check, money order, Visa, MasterCard, Discover and American Express. We do accept PayPal payments. For items purchased online, you will be emailed an invoice within 24 hours after the auction. This email provides a link that allows you to pay immediately and securely online. *Note ifyou are unable to pay through our online check-out system: If paying by money order, or cashier’s check, CAA reserves the right to hold all purchases until the check has cleared to the satisfaction of CAA and its bank. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property. IF THERE EVER IS A CASE OF A REFUND BEING ISSUED, YOU WILL BE CHARGED A 20% RESTOCKING FEE AND YOU WILL BE RESPONSIBLE TO PAY SHIPPING FEES AND BUYER’S PREMIUMS WILL NOT BE REFUNDED. PLEASE BID RESPONSIBLY AND ASK ALL QUESTIONS PRIOR TO PLACING A BID. 8. CAA reserves the right to withdraw any lot at any time before, during, or after the auction without liability. 9. The auctioneer reserves the right to reject any bid at any time and as his sole discretion. 10. A range of estimates is given on each lot with a low and a high estimate. Estimates should not be relied on as a prediction of the actual selling or resale price. 11. On the fall of the auctioneer’s hammer, ownership of the offered lot will pass to the highest bidder acknowledged by the auctioneer, subject to fulfillment by such bidder, of all the conditions set forth herein, and such bidder thereupon a) assumes full risk and responsibility thereof, but not limited to, insurance, fire, theft, removal and storage or damage from any and all causes, and b) will pay the full purchase price thereof or such part as we may require. In addition to other remedies available to us by law, we reserve the right to impose a late charge of 1 1/2% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. REGARDING ANY PURCHASER WHO IS REPRESENTED BY A BIDDER: BIDDERS ARE PERSONALLY AND INDIVIDUALLY RESPONSIBLE FOR ANY OBLIGATIONS OF THE PURCHASER SET FORTH IN THE TERMS AND CONDITIONS OF SALE. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the Consignor by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, we at our option may either, a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or b) resell the property at public auction without reserve, and the purchaser will be liable for any deficiency costs including handling charges, the expenses of both sales, our commissions on both sales at our regular rates, reasonable attorney’s fees, incidental damages, and all other charges due hereunder. In the event that such a buyer pays a portion of the purchase price for any or all lots purchased, CAA’s shall apply the payment received to such lot or lots that CAA’s, in its sole discretion deems appropriate. In the case of default, purchaser shall be liable for legal fees and expenses. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser’s obligations to us, any property in our possession owned by such purchaser. 12. In the unlikely event we lose our internet connection, CAA reserves the right in its sole and absolute discretion to cancel the remainder of the auction. 13. Auctioneer has final discretion on sale of an item. His word is final. RECORDING NOTICE: Live auctions will be recorded either with video and/or audio as a record of events. There may also be live feeds to internet bidding sites if applicable per auction. * **IMPORTANT – PLEASE READ** AS YOU HAVE ACKNOWLEDGED BY AGREEING TO THE TERMS OF THIS AUCTION, THERE ARE NO REFUNDS OR EXCHANGES. IN THE EVENT THAT YOU REQUEST AND ARE GRANTED BY CAA A RETURN, CANCELLATION, OR REFUND, YOU AGREE THAT YOU ARE STILL RESPONSIBLE TO PAY A 20% RESTOCKING FEE BASED ON THE FINAL SALE PRICE (I.E. THE HAMMER PRICE) OF EACH ITEM THAT IS RETURNED PLUS THE ENTIRE BUYER’S PREMIUM FOR EACH ITEM AS WELL AS ALL OF THE SHIPPING/HANDLING CHARGES. THIS MEANS THAT THE RESTOCKING FEE, BUYERS PREMIUM AND SHIPPING/HANDLING CHARGES ARE NEVER ELIGIBLE FOR A REFUND OR RETURN. Taxes When applicable per California state law Sales Tax will apply unless a valid and current CA resale license/permit is provided prior to payment of invoice.