TERMS & CONDITIONS
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 sell.
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
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
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, fax, or in person prior to any auction
or sale. DeMatteo Fine Arts Ltd. executes all left bids on a best efforts basis.
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 whatsoever.
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
11. Removal of purchased items shall be at the expense, liability and risk of
the buyer. All Buyers must maintain thier own insurance and bear all 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
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 the auction.
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
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.
If DeMatteo Fine Arts, Ltd. uses EBay's live auction format for any auction, the following
and conditions apply.
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