Conditions of Business

Updated November 17, 2023

1. Introduction

In these Conditions of Business for Buyers, “We,” “Us,” and “Our” refers to MetalMark LLC and “you,” “your” refer to Bidders and Buyers. If you are an agent acting on behalf of a principal, “you” and “your” refer to both principal and agent. Capitalized terms will have the meaning set out in Condition 2.

These Conditions of Business for Buyers are the terms and conditions applicable to Bidders and Buyers across any sale of Our Products, including but not limited to auctions. The Conditions of Business for Buyers include the conditions contained herein any additional conditions expressly stated as applicable to a sale, and they may be amended by any oral or written agreement or notice prior to or during the sale. Our and the Seller’s relationship with Buyers and any Bidders in relation to the Lots offered in a sale is governed by these Conditions of Business for Buyers and the express representations and warranties and indemnity given by the Seller. Unless We own a Lot in whole or in part, We act solely as agent for the Seller. A sale contract is made directly between the Seller and the Buyer. On occasion, We may own a Lot directly, in which case We will act in a principal capacity as the Seller, or We may own a Lot, in which case We will act as the agent, or We may have a legal, beneficial, or financial interest in a Lot as a secured creditor or otherwise.

By registering for an auction or attempting any transaction, you agree to be bound by these Conditions of Business for Buyers.

We may change these terms from time to time and in Our sole discretion, without notice to you or the Seller, by posting such changes on Our website. It is your and the Seller’s responsibility to periodically check these terms for changes. You will know if the terms have changed by referring to the “Last Modified” or “Last Updated” dates within. If you do not agree to the current terms, you should not register or attempt any transaction with Us.

2. Defined Terms

Authenticity Guarantee: The guarantee we provide as principal to the Buyer in relation to a purchased Lot or Product, as outlined in this document.

Bidder: Any person or entity registered to bid in a sale.

Buyer: The buyer of record for a Lot or Product.

Buyer’s Expenses: Any costs or expenses, plus any applicable VAT or taxes, due to Us from the Buyer in respect to the purchase of a Lot or Product.

Buyer’s Premium: The commission the Buyer must pay to Us as part of the Purchase Price for a sale where such Buyer’s Premium is disclosed. The Buyer’s Premium is based on the Hammer Price and is subject to change at any time and vary by Lot or Product. The Buyer’s Premium is subject to any applicable VAT or taxes.

Catalog: The list of Lots offered in a sale and associated information, available on Our website, and in some cases in printed form.

Hammer Price: For each auction Lot sold, the last price accepted for the Lot by the auctioneer or acknowledged by our online platform, or in the case of a post-auction sale, the agreed sale price. For sales without an auction, the Hammer Price is the sales price. Hammer Price is subject to any applicable VAT or taxes.

Lot: An item or Product (or more than one item or Product grouped as one) of property offered for sale.

Online Platform: Our websites, application, or any other online means which We control which enables Bidders and Buyers to participate in auctions or attempt sales.

Overhead Premium: The fee the Buyer must pay to Us as part of the Purchase Price for a sale where such Overhead Premium is disclosed. The Overhead Premium is based on the Hammer Price and is subject to change at any time. The Overhead Premium is subject to any applicable VAT or taxes.

Purchase Price: The Hammer Price plus the Buyer’s Premium, Overhead Premium, taxes, and shipping and handling.

Reserve: The minimum Hammer Price at which a Lot can be sold.

Sales Price: The price of a Product less any applicable Overhead Premium, Buyer’s Premium, taxes, shipping and handling, and discounts.

3. The Lots

All Lots are offered for sale in the condition they are in at the time of the sale. You acknowledge that Lots may not be in perfect condition. Catalog descriptions and condition reports may refer to imperfections of a Lot or Product, but Lots or Products may have other faults not expressly disclosed.
You accept responsibility for carrying out your own inspections and investigations of Lots in which you may be interested.
You acknowledge that our knowledge of each Lot is partially dependent on information provided by the Seller, and we are not able to and do not carry out exhaustive due diligence on each Lot. Information provided to you regarding any Lot, including any estimates, is a matter of opinion only and not a representation or warrant of fact. Any estimates should not be relied upon as a prediction of the selling price or value of a Lot and may be revised from time to time in our absolute discretion.
We reserve the right to withdraw any Lot from an auction or from sale, or to close an auction or remove Product from sale, whether prior to or during any auction or sales process, and we will not be liable to you for any claims, causes of action, liabilities, damages, losses, or expenses in connection with such withdrawal or cancelation.
Unless otherwise specified, all auction Lots are offered subject to a Reserve. In an auction, you acknowledge that we may reduce the Reserve for any Lot at any time during the auction, prior to the sale of such Lot, provided it has been agreed with the Seller prior to any such reduction.
Each Lot offered will be referenced by its Lot number assigned in the Catalog. Unless we specify otherwise, bids must be on a per-Lot basis.
The Buyer is solely responsible for identifying and obtaining any necessary export, import, or other permit for a purchased Lot. Any symbols or notices in the Catalog reflect our reasonable opinion at the time of entry and are included for informational purposes only. Neither We nor the Seller make any representations or warranties as to whether any Lot is subject to export or import restrictions or any embargoes. The denial of any permit or license will not justify cancelation or recission of the sale or excuse any delay in payment.
Disclaimer of Warranties: All Lots are offered for sale “as-is,” without any guarantee, representations, or warranties by Us or the Seller, except for the express representations and warranties given by the Seller and the Authenticity Guarantee, which we, as principal, provide to the Buyer. We and the Seller disclaim all implied warranties, including but not limited to merchantability and fitness for a particular purpose, except insofar as such obligations cannot be excluded by law. Neither we nor the Seller give you any guarantee, representation, or warranty as to the correctness of the Catalog or other images or descriptions of the condition, completeness, size, quality, rarity, value, importance, medium, frame, provenance, history, or literal or historical relevance of any Lot, and no statement anywhere, whether oral or written, will be deemed such a warranty, representation, or assumption of liability. Except as expressly set forth elsewhere in these terms, neither We nor the Seller make any representations or warranties as to whether any Lot is subject to copyright or whether the Buyer acquires any copyrights, including but not limited to, any reproduction rights in any Lot.

4. Buyer Representations and Warranties

You represent and warrant to Us and the Seller that at all relevant times:

Your bids on any Lot are genuine and are not the product of any collusive or other anti-competitive agreement and are otherwise consistent with any applicable antitrust laws;
Your performance under these conditions has not and will not violate any applicable law, regulation, or code in any jurisdiction;
Your purchase of a Lot and, if you are acting as an agent on behalf of a principal, the arrangement between you and your principal, will not facilitate tax crimes;
You have no knowledge or reason to suspect that (1) the funds used to purchase a Lot are connected with the proceeds of criminal activity, or (2) you or your principal, if applicable (or, if you are an entity, any person(s) or entity(ies) with a beneficial or ownership interest in you), are under investigation, charged with, or convicted of any substantive or predicate money laundering or economic sanctions crime, terrorist activity, tax evasion, or act in violation of any anti-bribery or anti-corruption laws or regulations;
You (and your principal, if applicable) are not, nor are you (or your principal, if applicable) owned (in whole or in part), controlled, or acting in behalf of, an entity or individual that is: (1) the subject of economic sanctions, embargoes, or other trade restrictions in any jurisdiction, including those administered and enforced by the United States, European Union or any of its member states, United Kingdom, United Nations Security Council, or other applicable sanctions authority (collectively, “Sanctions”), or (2) located, organized, or resident in a country or territory that is the subject of Sanctions (including Crimea, Cuba, Iran, North Korea, the Russian Federation, and Belarus) (collectively, “Sanctioned Jurisdictions”);
You (and your principal, if applicable) are currently in compliance, and for the past five years have complied, with applicable Sanctions, anti-money laundering, anti-terrorism, anti-bribery, and anti-corruption laws;
The Purchase Price will not be funded directly or indirectly by or from anyone that is the subject of Sanctions, or located, organized, or resident in a Sanctioned Jurisdiction;
No party directly or indirectly involved in the transaction is the subject of Sanctions or is owned (in whole or in part) or controlled by any individual or entity that is the subject of Sanctions or otherwise located, organized, or resident in a Sanctioned Jurisdiction, except as expressly authorized in writing by the government authority having jurisdiction over the purchase and with Our prior express written consent;
If you are acting as an agent on behalf of a principal, you have taken steps reasonably designed to ensure compliance with Sanctions, anti-money laundering, anti-terrorism, anti-bribery, and anti-corruption laws, including but not limited to, conducting appropriate due diligence on your principal and screening source of funds. You will retain and make available upon request the documentation evidencing such due diligence for at least five years after purchase;
Your purchase will not cause (or otherwise result in) Us, Sellers, or anyone else to violate any Sanctions, anti-money laundering, anti-terrorism, anti-bribery, or anti-corruption laws;
You have full legal authority without any further action or other party’s consent to enter into and perform under these conditions and to give these representations and warranties; if you are an entity, the individual bidding on your behalf is authorized to do so and the entity is duly incorporated or formed, validly existing and in good standing in the jurisdiction where it is incorporated or formed.
We may, in Our sole discretion, rescind the sale of a Lot if we reasonably determine that (a) any of the Seller’s representations or warranties is inaccurate, incomplete, or breaches; or (b) the sale has subject or might subject Us or the Seller to liability.

5. Indemnity

You shall indemnify and hold Us, Our officers and employees, and the Seller harmless against any and all claims, causes of action, liabilities, damages, losses, and expenses (including but not limited to reasonable attorneys’ fees), arising out of or in connection with any inaccuracy, incompleteness, or breach of any of your representations or warranties or breach of your obligations under these conditions to the fullest extent permitted by law.

6. Bidding

You must create an account and provide the requested information, and agree to all terms contained herein and in Our other official policies, in order to bid and/or make a purchase. We may require financial references, guarantees, deposits, or other security as we deem necessary or appropriate.
We advise Bidders to place their bids directly through our Online Platforms. If you elect to bid or to participate in an auction held through an Online Platform, you are responsible for making yourself aware of all notices and announcements pertaining to the sale, which will be available on the Online Platforms.
We do not accept bids placed in person, over the telephone, written or oral, or through any other means other than through Our Online Platforms.
For certain sales, Bidders are permitted to submit via the Online Platform a maximum bid before the start of a live auction (an “Advanced Bid”). Advance Bids will be executed on your behalf automatically up to your predefined maximum value in response to other bids placed on the Lot, including bids placed by Us on behalf of the Seller, up to the amount of the Reserve (if applicable). The current leading bid will be visible to all Bidders; the value and status of your Advance Bid will be visible only to you, unless it is the leading bid. Once the live auction begins, the opening bid will be the current leading bid. The system will continue to bid on your behalf up to your predetermined maximum bid, or you may continue to bid via the Online Platforms during the live auction at the next increment.
All bidding will be in the United States Dollar (USD). As a courtesy to Bidders, a currency conversion table may exist on the Online Platform for informational purposes only. We make no representations or warranties for the accuracy of this table.
We reserved the right to refuse or revoke permission to bid before or during a sale for any reason. For timed auctions, we also reserve the right to deactivate your account or otherwise prevent your ability to bid at any time prior to, during, or after an auction.
For times auctions and live auctions with Advance Bidding, you may cancel a bid after you place it only if (a) the description of or the condition report for the Lot has been materially revised after the bid was placed; or (b) a notice regarding the Lot has been posted on Our Online Platforms after the bid was placed. Other than in the foregoing limited circumstances, you agree that any bid you place, regardless of the means by which you have done so, is final and you will not be permitted to amend or retract it. For all auctions and sales, should your bid be successful, you irrevocably agree to pay the full Purchase Price and any applicable Buyer’s Expenses and Buyer’s Premiums, and you agree to allow Us to pursue collection of such amounts from any stored payment method held on file. We are not responsible for any errors that you make or that are made through your account in placing a bid on a Lot.

7. Conduct of an Auction

An auction is by its nature fast-moving and bidding may progress very quickly. In a live auction, the auction will commence and advance the bidding at levels and in increments automatically.
In a timed auction, bidding opens at an amount that is at or below the low estimate for the Lot and escalates in bid increments that we determine. We may vary the amount of the bid increments during a timed auction. Lots will close sequentially in 30-second or one-minute intervals (or as indicated on the sales page) unless a bid is placed within one minute of a Lot’s scheduled closing time, in which case we will extend the sale of that Lot by two minutes from the time of the last bid and such extensions may be repeated indefinitely until the auction closes. The extension of any Lot’s closing time does not affect any other Lot’s closing time; therefore, it is possible that Lots will close out of numerical Lot order.
The Online Platform may open bidding on any Lot by placing a bid on behalf of the Seller below the reserve. The auctioneer and Our representatives may further bid by placing successive or consecutive bids for a Lot up to the amount of the Reserve, or if there is an irrevocable bid on the Lot, up to the amount of the irrevocable bid. In a timed auction, such bids will be counted towards the total bid count displayed on the Online Platform.
We may refuse or reject any bid, including bids that have previously been accepted, withdraw any Lot, or reopen or continue the bidding (including after the fall of the hammer and when the auctioneer declares the Lot as “sold” or, in a timed auction, the close of a Lot). If the Reserve for a Lot is not met, the auctioneer may withdraw the Lot from sale, and the auctioneer or Online Platform will announce that the withdrawn Lot has been “passed,” “withdrawn,” “returned to owner,” “unsold,” or the equivalent.
In the case of error or dispute with respect to bidding, either during or after the auction, we in Our sole discretion may refuse any bid, withdraw a Lot, determine who the Buyer is, continue or re-open the bidding, cancel the sale of a Lot, or re-offer and re-sell a Lot (including after the fall of the hammer and when a Lot is declared “sold” or, in a timed auction, the close of a Lot), and take such other action as we reasonably deem appropriate. In the case of any dispute, our sale record will be absolute and final. In the event of any discrepancy between any online records or messages provided to you and our sale record, our sale record will prevail. Where we decide to cancel the sale of a Lot or to re-offer and sell a Lot following an error or dispute with respect to bidding, we will notify the Buyer of such a decision as soon as reasonably possible.
Subject to the conditions in this document, the Buyer will be: in a live auction, the highest Bidder accepted for a Lot at the fall of the hammer and when the Lot is declared as “sold”; in a timed auction, the highest Bidder accepted for a Lot on the close of the Lot; in the case of a Bidder bidding as agent, such Bidder’s principal will be the Buyer. This means that, subject to the conditions in this document, the sale contract between the Buyer and the Seller is concluded on the fall of the hammer and when the Lot is declared as “sold,” whereupon the Buyer becomes liable to pay the full Purchase Price and any applicable Buyer’s Expenses or Buyer’s Premiums. The sale contact between the Seller and the Buyer of a Lot will be final at the end of the auction.
Any post-auction sale of Lots will be made pursuant to these conditions.

8. Payment

After the sale, an attempt will be made to automatically collect the total amount owed through the payment method stored on file in our Online Platform by way of our payment provider. You authorize Us, and our third-party service providers, to immediately charge your selected payment method for all amounts presented to you in the checkout and purchase process.
For auction Lots, the Buyer’s Premium and Overhead Premium will be added to the Hammer Price on a per-Lot basis and are payable by the Buyer as part of the Purchase Price.
The Buyer must also pay as part of the Purchase Price any applicable sales tax, compensating use tax, VAT, consumption tax, goods or services tax, or other indirect taxes, luxury tax, excise tax, and duties or tariffs (collectively, “Taxes”), as well as any applicable artist resale right royalty, on the purchase of a Lot where and as required by applicable law. We will collect any applicable Taxes and artist resale right royalty on the purchase of a Lot where and as required by applicable law. The Buyer shall pay the Purchase Price in full without any deduction for taxes of any kind, unless such deduction is required by law. In any such case, the amount due to us from the BUyer will be increased to an amount that after deduction for any such taxes leaves an amount equal to the Purchase Price.
Payment of the Purchase Price for a Lot and any BUyer’s Expenses id due from the Buyer in the United States Dollar (USD) immediately upon conclusion of the auction, notwithstanding any requirements for export, import, or other permits. The Buyer’s obligation to pay the full Purchase Price and any applicable Buyer’s Expenses is absolute and unconditional and is not subject to any defenses, setoffs, or counterclaims of any kind whatsoever.
We will not accept payment from a source other than the Buyer. If you are registered to bid as a company, your company will need to pay for any purchases in the name of the company via an accepted payment method. Partial payments for Lots are not permitted.
Title in a purchased Lot will not pass to the Buyer until we have received the full Purchase Price in cleared funds. We will release a Lot to the Buyer or Buyer’s agent after we have received from the Buyer the full Purchase Price and any applicable Buyer’s Expenses in cleared funds and appropriate identification of the Buyer and Buyer’s agent (if any), unless we are prevented from doing so by an event beyond our control. Any earlier release does not affect the passing of title or the Buyer’s conditional obligation to pay the full Purchase Price and any applicable Buyer’s Expenses.
We do not currently accept any currency for payment other than USD. We strongly prefer credit or debit cards for all sales, but may, in our discretion, accept bank transfers, wires, checks (including electronic), or other such means. The method of payments available at any particular time will be made available in a Buyer’s account or in our Online Platform’s checkout process and is subject to change without notice.

9. Consequences of Delinquent or Non-Payment

The Buyer is required to pay the full Purchase Price for a Lot and any applicable Buyer’s Expenses in cleared funds within five (5) days of the auction. If the Buyer fails to do so without our prior agreement, the Buyer will be in default. In such a case, without prejudice to any rights or remedies the Seller may have, we may in our sole discretion exercise one or more of the following rights or remedies in respect of each Lot for which the Buyer has failed to pay in full, to the fullest extent permitted by law, in addition to any and all other rights or remedies available to us or the Seller by law or in equity:

Offer the purchase of the Lot at the hammer price to the other qualified Bidders who have participated in the auction process;
Store the Lot at our premises;
Cancel the sale of the Lot;
Set off any amounts owed to the Buyer by Us from the Buyer in respect of the Lot or any damages suffered by Us as a result of breach of contract by the Buyer;
Apply any deposits and/or payments made to Us by the Buyer as part of the Purchase Price and Buyer’s Expenses towards such Lot or any other Lot purchased by the Buyer, or to any shortfall on the resale of any Lot pursuant to the terms herein, or to any damages suffered by Us as a result of breach of contract by the Buyer;
Reject future bids from the Buyer or render such bids subject to payment of a deposit;
Charge interest at the fullest percentage rate permitted by law, from the date on which the payment is due to the date the Purchase Price and relevant Buyer’s Expenses and any interest thereon are received in cleared funds;
Retain or exercise a lien over any of the Buyer’s property that is in the possession of Us, in which case we will inform the Buyer, and we may thereafter arrange the sale of such property and apply the proceeds to the amount outstanding;
Resell the Lot at the Buyer’s expense either at auction with estimates and reserves set at our discretion, and in the event such resale is for less than the sum of the Purchase Price and applicable Buyer’s Expenses for that Lot, the Buyer will remain liable for the shortfall together with all costs incurred in such resale;
Commence legal proceedings to recover the Purchase Price and Buyer’s Expenses for that Lot, or to claim damages for the Buyer’s breach of contract, together with interest and the costs of such proceedings on a full indemnity basis; and
Release the name and address of the Buyer to the Seller to enable the Seller to commence legal proceedings to recover the amounts due and legal costs, and in such case, we will take reasonable steps to notify the Buyer prior to releasing such details to the Seller.

In the event the Buyer fails to pay any or all of the Purchase Price for a Lot and we elect to pay the Seller any portion or all of the sale proceeds, the Buyer acknowledges that we will have all of the rights that the Seller would otherwise have against the Buyer for any such amount, whether at law, in equity, or under these conditions.

10. Collection and Delivery of Purchases

The provisions of this condition apply to all Lots (or portion of Lots):

We will attempt to deliver Lots via a trusted, reputable shipping carrier in a timely manner, with all relevant protections and insurance to ensure no damage or loss of value.
We will attempt to deliver Lots to the preferred shipping address on file for the Buyer. You warrant that this information is correct at all times.
All packaging and handling are at the Buyer’s risk. We will not be liable for any and all damages or losses incurred as a result of a Lot in transit.

11. Risk and Responsibility for Lots

Risk and responsibility for a purchased Lot will transfer to the Buyer immediately upon the fall of the hammer.
Once risk passes to the Buyer, the Buyer irrevocably releases Us and Our employees, officers, agents, warehouses, and the Seller, from any and all claims, causes of action, liabilities, damages, losses, and expenses (including but not limited to reasonable attorneys’ fees) for loss of or damage to the Lot.
We will not be liable for any loss or damage (1) occurring during any process undertaken by independent contractors engaged with your consent, including but not limited to for restoration, conservation, (un)framing, (un)mounting, or cleaning; (2) caused to frames or class covering prints, paintings, or other flat forks; (3) caused by changes in humidity or temperature (as long as we take reasonable care in handling the Lot), normal wear and tear, gradual deterioration or inherent vice or defect, war, nuclear fission, radioactive contamination, or chemical, bio-chemical, or electromagnetic weapons.
Upon your receipt of payment from Us for any loss or damage to a Lot in accordance with these conditions, you, on your own behalf and on behalf of your insurer(s), irrevocably release Us, Our officers, vendors, employees, agents, warehouses, and the Seller from all liability for loss of or damage to such Lot and irrevocably waive all rights and claims that you might have against Us or any of Our officers, vendors, employees, agents, warehouse, or the Seller in connection with the same.

12. Exclusions and Limitations of Liability

Neither We nor the Seller will be liable for errors or omissions in the glossary of terms, if any, or the Catalog or other descriptions of the Lot, though if we discover a material error or omission in such materials prior to the auction, we will endeavor to provide a correction.
We reserve the right to withdraw any Lot before the conclusion of the sale and will have no liability to you for such withdrawal.
We offer the Online Platforms as a convenience to clients. The application that enables participation via the Online Platforms is optimized for broadband connectivity. Broadband, cell service, vendor disruptions, or other internet capacity constraints, corporate firewalls, and other technical problems beyond our reasonable control may create difficulties for some or all users including, for example, in relation to accessing an auction via the Online Platforms and in maintaining continuity of such access. Neither We nor the Seller will be liable to you for any failure to execute bids through our Online Platforms, or errors or omissions in connection therewith, including, without limitation, errors or failures caused by (1) any loss of connection between you and Our Online Platforms; (2) a breakdown on or problem with Our Online Platforms, vendors, or other technical services; or (3) a breakdown or problem with your internet connection, computer, mobile device, or system.
We are not liable to you for any acts or omissions in connection with the conduct of the auction or for any matter relating to the sale of any Lot, other than as set out in the Authenticity Guarantee, or as may be required by applicable law.
The Seller of any Lot is not liable to you for any acts or omissions in connection with any matter relating to the sale of such Lot, other than a breach of the express representations and warranties given by the Seller.
Unless We own a Lot offered for sale, We are not responsible for any breach of these conditions.
Neither you nor We nor the Seller will be liable for any special, consequential, indirect, incidental, or punitive damages.
Without prejudice to these conditions, Our and the Seller’s aggregate liability to you under these conditions for any claim relating to a Lot will not exceed the amount of the Purchase Price of the Lot actually paid, except in the case of Our willful misconduct or fraud, or in the case of death or personal injury caused by our negligent acts or omissions.

13. Data Protection

We will hold and process your personal information and may share with, and use it for, and in line with, our Privacy Policy.
We may film auctions, Lots, Products, and other activities on our Online Platforms, social media, or in person. Such recordings may be transmitted over the internet via our Online Platforms or social media.

14. Authenticity Guarantee

We, as principal, may provide an Authenticity Guarantee to the Buyer, subject to the following terms and conditions, that the Lot is authentic. Buyers should refer to the glossary of terms, if any, for an explanation of terminology used in the description of any Lot in the Catalog. No Lot shall be considered as not authentic by reason only of any damage and/or restoration and/or modification work of any kind (including repainting or over-painting).
The Authenticity Guarantee is provided solely for the benefit of the Buyer, Seller, and prospective Buyers (bidders) and cannot be transferred to any third party.
When a Lot is physically transferred to a Buyer, the Lot is removed from Our control. As such, the Authenticity Guarantee as issued ceases to be valid.
When a Lot is physically transferred to Us for use in a sale and the Lot had been previously issued an Authenticity Guarantee, We will reevaluate the Lot and reissue an Authenticity Guarantee as We deem appropriate.
For the avoidance of any doubt, the Authenticity Guarantee does not limit any rights or remedies that may be available to the Buyer under the applicable law and that cannot by law be excluded or limited by these conditions.

15. Miscellaneous

You shall provide to Us, upon Our request, verification of identity and any additional information required to comply with Our Know Your Client requirements, applicable law, or to evidence your authority to enter into these conditions. If you are an agent acting on behalf of a principal, you shall also disclose to Us the identity of the principal and provide to Us, upon Our request, verification of identity and any additional information required to comply with Our Know Your Client requirements, applicable law with respect to you and the principal, or to evidence your authority to bid on behalf of and to bind the principal. We reserve the right to seek identification of the source of funds received. If we have not completed Our enquiries in respect to any applicable law, Sanctions, anti-money laundering, anti-terrorist, financing, or other checks as we consider appropriate concerning you (or your principal, if applicable) to Our satisfaction or we we are not satisfied in Our sole discretion with the results of such enquiries, we may, in our sole discretion, prohibit you or the principal from bidding, or not complete, cancel, or rescind the sale of any Lot, including refusing or returning any payment, as appropriate, and take any further action required or permitted under applicable law without any liability to you.
You are personally liable for your bid. If you are an agent acting on behalf of a principal, you and your principal are bound by the terms of these conditions and jointly and severally assume your obligations and liabilities under them.
For avoidance of doubt, the bids you place are legally binding agreements and you warrant you satisfy all applicable conditions defined in this document and all Our terms.
We own the exclusive copyright to all images and written material we produce relating to each Lot. You cannot use them without our prior written permission. We may use them as We deem appropriate, to the extent permitted by law, before, during, or after the sale of a Lot.
These conditions, including the Authenticity Guarantee, Our Terms and Conditions, and the express representations and warranties and indemnity given by the Seller together are the sole provisions applicable to the relationship between Us, the Seller, and the Buyer with respect to the subject matter hereof and supersedes all prior or contemporaneous written, oral, or implied understandings, representations, or agreements relating to the subject matter of these conditions. You confirm that you have not relied upon, and waive all your rights and remedies available in relation to, any express or implied representation, warranty, and/or promise outside of these conditions. If any part of these conditions is deemed invalid or unenforceable, such invalidity or unenforceability will not affect the remaining provisions, which will remain in full force and effect. No act, omission, or delay by Us shall be deemed a waiver or release of any of Our rights.
These conditions are binding upon you, your estate, heirs, executors, devisees, representatives, administrators, successors, and permitted assigns.
You may not assign or delegate your rights or obligations under these conditions without Our prior written consent.
Notices to Us should be in writing and quote any relevant Lot number.

16. Law and Jurisdiction

These conditions and everything related thereto (including any online bids in a sale to which these conditions apply) are governed by the laws of Travis County in the State of Texas in the United States. With respect to any contractual claim, the Sellers and Buyers and their agents, recognize and agree that Austin, Texas is the place of performance of Our services. We retain the right to institute legal action before the courts within Travis County.

This policy was last modified on November 17, 2023.