ALL BIDS ARE FINAL
CONDITIONS OF SALE
[A] GENERAL RULES
All items in this auction are offered by the Aspen Art Museum (AAM). All sales are final. Purchasers may not request refunds or exchanges from either the donor or the Aspen Art Museum. Neither the AAM nor Phillips de Pury assume any risk, liability, or responsibility for the authenticity of the authorship of any item offered at this auction. All items are sold "as is" subject to the conditions and restrictions stipulated by the donors. Neither the AAM nor Phillips de Pury make any representations or warranties of any kind or nature, expressed or implied, with respect to the item, and in no event shall either of them be responsible for the correctness of any catalogue or notices or descriptions of items, nor be deemed to have made, any representations or warranty of physical condition, size, quality, rarity, importance, genuineness, attribution, authenticity, provenance, or historical relevance of the item. Prospective bidders should inspect the item before bidding to determine its condition, size and whether or not it has been repaired or restored. Estimate of retail values and descriptions of items are based on information provided by donors and are deemed reliable. The AAM reserves the right to withdraw any item at any time before the actual sale. All auction items and services must be used within the time limits stipulated in the catalogue and are subject to the terms and conditions specified by the donors. Unless otherwise specified, all auction items are assumed to be used within one year, and dates and times are to be arranged at a mutual convenience of the donor and buyer. Bidder numbers will be issued at registration. After receipt of this number, each bidder is responsible for the use of the number throughout the evening. Check with your own tax advisor as to the deductibility of the purchase of each item.
[B] SILENT AUCTION
The Silent Auction will begin at 4:30 p.m. and will close promptly at 6:00 p.m. Winners will be posted during the live auction. All starting bids must be greater than or equal to the minimum bid stated on the bid sheet. Each succeeding bid must exceed the required increment as shown on the bid sheet and be in round dollar amounts. Bids that do not match specifications for bidding increments will be disqualified. If you wish to guarantee the purchase of an item, sign the bottom line stating "Guaranteed Purchase Price." Bids above the guaranteed purchase price will not be accepted. Each bid must have the bidder's name, bidder's number, and the bid legibly printed. You may bid as often as you like on each item. If the successful bidder has left the premises, s/he will be notified by telephone. If the bidder cannot be reached within a reasonable period of time, the AAM will contact the next highest bidder.
[C] LIVE AUCTION
The Live Auction will begin at approximately 6:15 p.m. The AAM and Phillips de Pury reserve the right to reject a bid from any bidder. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the item in dispute. If any dispute arises after the sale, the AAM's sale records shall be conclusive in all respects. If the auctioneer determines that any opening bid is not commensurate with the value of the article offered, s/he may reject the same and withdraw the article from sale, and if, having acknowledged an opening bid, s/he decides that any advance thereafter is insufficient, s/he may reject the advance. Upon the auctioneer's final word, the highest bidder shall be deemed to have purchased the offered lot subject to all of the conditions set forth herein and thereupon assumes the risk and responsibility thereof (including without limitation damage to frames or glass), will sign a confirmation of purchase thereof, and will pay the full purchase price. If the foregoing conditions and other applicable conditions are not complied with, in addition to other remedies available to the AAM by law, including, without limitation, the right to hold the purchaser liable for the bid price, the AAM may either (a) cancel the sale, or (b) resell the item on three days notice to the purchaser, and in such event the purchaser shall be liable for payment of any deficiency, all other charges due hereunder, and incidental damages. In the case of absentee bids, the AAM and Phillips de Pury are not responsible for any errors or omissions in connection with such bids.
[D] SALES TAX
Sales tax of 9.0% will be added to the winning bid on all merchandise.
[E] PAYMENT
Payment in full is expected for all auction items by the end of the evening of the auction. Cash, checks and credit cards (Visa/Master Card/American Express) will be accepted. After payment is made, a receipt will be issued by the cashier. This receipt is needed to claim items. For your convenience, we will be pre-swiping credit cards at registration as a secure and convenient way to expedite the payment of your auction purchases. Please have your credit card ready when you check in, if you would like to participate in express pay. Pre-swiping your card will eliminate the need to see the cashier at the end of the evening. Simply proceed to checkout where you will pick up your purchases and be on your way home. AAM (tax ID #84-0746671) is recognized as a charitable, tax-exempt organization under the Internal Revenue Code section 501(c)(3). The amount of your contribution that is deductible for federal income tax purposes is limited to the excess, if any, of the purchase price over the fair market value of the goods or services received.
[F] SHIPPING/DELIVERY
Local delivery of non-art items may be arranged with the cashier by completing an "auction delivery" form located near the winners' boards. Due to Colorado alcohol regulations, the AAM cannot ship wine or alcohol. Delivery or shipment of art will be subject to additional packing and shipping fees. After January 9, 2012, art will be stored at the expense of the winning bidder.