Auctions present excellent opportunities to acquire works of
art. However, to be successful, auction participants should educate themselves
and pursue items based upon their independent judgment or that of their own
trusted advisors. Due to the nature of auctions, all DeMatteo Fine Arts Ltd. auction
participants, whether buyers or sellers, agree to the following terms and conditions,
and participation in any DeMatteo Fine Arts Ltd. auction or sale shall constitute
1. DeMatteo Fine Arts Ltd. sells only items it is authorized to
2. DeMatteo Fine Arts Ltd. and its auctioneers have sole, final
and absolute discretion regarding any and all matters whatsoever in any auction
or sale, including acceptance or rejection of any bids, and resolution of any
and all disputes.
3. DeMatteo Fine Arts Ltd. will never knowingly make a false or
inaccurate representation, but only provides its beliefs regarding representations
as to any item to be sold, which it may amend at any time, including orally
during auction or sale. Objects of art are enigmas wrapped in mysteries entangled
in riddles. DeMatteo Fine Arts Ltd. therefore neither guarantees nor warrants its
beliefs regarding any item, either as to artist, authenticity, description,
condition, provenance or any matter whatsoever.
4. Participants must make their own determination and evaluation
as to any item for sale by or through DeMatteo Fine Arts Ltd. in auction or otherwise,
and bid and buy solely based upon their own research, for what they believe
any item to be.
5. DeMatteo Fine Arts Ltd. sells strictly to maximize its own
profits, based solely on its own judgment of how to do so. It is not the agent
of either buyers or sellers, and is not liable or responsible for anything other
than what it commits to writing.
6. DeMatteo Fine Arts Ltd. may provide information as to appraisers,
but assumes no responsibility for anything whatsoever regarding any appraisal,
which is a private matter between the appraiser and bidder, even if the appraiser
otherwise has any relationship with DeMatteo Fine Arts Ltd.
7. All items are sold only as is, where is.
8. DeMatteo Fine Arts Ltd. will place specific absentee bids,
for which it may require an advance deposit. Absentee parties may place left
bids or offers to purchase by mail, e-mail, telephone, or in person prior to
any auction or sale. DeMatteo Fine Arts Ltd. executes all left bids on a best efforts
9. DeMatteo Fine Arts Ltd. shall not be liable for errors, omissions,
technological issues or anything else related to bidding or its auctions, and
shall not be liable for any direct, indirect, special or consequential damages
10. DeMatteo Fine Arts Ltd. shall not be liable for disputes arising
in any auction or sale, whether as to the winning bid, buyer, lot number, placement
of any item in any particular auction, withdrawal or addition of any item from
any auction at any time, changes in terms and conditions of any auction, or
any other matter.
11. Removal of purchased items shall be at the expense, liability
and risk of the buyer. All Buyers must maintain their own insurance and bear their own risk.
12. DeMatteo Fine Arts Ltd. may provide courtesy information as
to shippers, but assumes no responsibility or liability whatsoever regarding
others’ shipping, including delivery and timing thereof, condition upon
delivery, abilities of any shipper, or any other matter.
13. DeMatteo Fine Arts Ltd. shall not be liable for the condition
of the premises on which the sale is held or any defect. Persons attending any
DeMatteo Fine Arts Ltd. activity, including exhibition, auction, sale or removal
of items, assume all risks of damage or loss to person and property, and specifically
release DeMatteo Fine Arts Ltd. from any and all such liability.
14. Payment is due at the time of sale, unless DeMatteo Fine Arts Ltd. agrees to other provisions.
15. The sale premium to DeMatteo Fine Arts Ltd. is 19% of the
total purchase amount, or as published by DeMatteo Fine Arts Ltd. at the time of
16. Buyers are responsible to pay all sales tax, but will not
be charged if they show that they are exempt.
17. No item is released for shipment or delivery unless DeMatteo Fine
Arts Ltd. receives full payment or otherwise agrees.
18. DeMatteo Fine Arts Ltd. may do any one or more of the following
upon any buyer default: (a) hold the buyer liable for the total purchase price;
(b) cancel the sale and retain as liquidated damages any partial payment by
the buyer; (c) resell the item either at auction or private sale; and (d) take
any other appropriate action.
19. The defaulting bidder is liable for any and all deficiency,
costs, handling charges, late charges, expenses of sale, commissions, reasonable
attorney’s fees, incidental damages and other charges due hereunder.
20. DeMatteo Fine Arts Ltd. retains a security interest in all
items, and may retain as collateral for bidder’s obligations any and all
property of such bidder that DeMatteo Fine Arts Ltd. possesses.
21. The laws of the State of Connecticut govern this agreement
and all DeMatteo Fine Arts Ltd. events and transactions.
DeMatteo Fine Arts, Ltd. uses EBay's live auction format for any auction, the following
and conditions apply.
PARTICIPATION OR ATTENDANCE IN ANY DEMATTEO FINE ARTS LTD. EVENT OR ACTIVITY,
WHETHER IN PERSON OR BY AGENT, BY TELEPHONE OR OTHERWISE, CONSTITUTES ACCEPTANCE
OF THESE TERMS AND CONDITIONS