Conditions of Sale

The property offered in this sale will be offered and sold by The Long Beach Museum of Art, and (“LBMA”). Any questions should be directed to LBMA, which participates on the following terms and conditions, as amended by any posted notices or oral announcements during the sale, which govern the sale of all the property offered at the auction:

  1. LBMA does not assume any risk, liability, or responsibility for the authenticity of the authorship of any property offered at this auction (that is, the identity of the creator or the period, culture, source, or origin, as the case may be, with which the creation of any property is identified
  2. ALL PROPERTY IS SOLD “AS IS.” LBMA AND PHOENIX MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROPERTY, AND IN NO EVENT SHALL EITHER OF THEM BE RESPONSIBLE FOR THE CORRECT­NESS OF ANY CATALOGUE OR NOTICES OR DESCRIPTIONS OF PROPERTY, 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 PROPERTY. No statement in any catalogue, notice, or description or made at the sale, in any bill of sale invoice or elsewhere, shall be deemed such a representation or warranty or any assumption of liability. LBMA makes no represen­tation or warranty, expressed or implied, as to whether the pur­chaser acquires any reproduction rights in the property. Prospec­tive bidders should inspect the property before bidding to deter­mine its condition, size, and whether or not it has been repaired or restored.
  3. Any property may be withdrawn by LBMA at any time before the actual sale without any liability.
  4. LBMA reserves the right to reject a bid from any bidder. The highest bidder acknowledged by LBMA staff at the end of each auction section shall be the purchaser. If any dispute arises after the sale, LBMA’s sale records shall be conclusive in all respects.
  5. If LBMA determines that any final bid is not commensurate with the value of the article offered, LBMA may reject the same and withdraw the article from the sale.
  6. Bid will follow the bidding increment posted on the bidding sheet. The last person to sign the bidding sheet will be highest bidder and shall be deemed to have purchased the offered lot subject to all of the conditions set forth herein and thereupon (a) assumes the risk and responsibility thereof (including without limitation damage to frames or glass), (b) will sign a confirmation of purchase thereof and (c) will pay the full purchase price therefore or such part as LBMA may require. All property shall be removed from LBMA’s premises by the purchaser at his/her expense. If not so removed, delivery will be secured by LBMA at the expense of the purchaser and such added charges will then be added to the purchase price of the object. If the foregoing conditions and other applicable conditions are not complied with, in addition to other remedies available to LBMA by law, including, without limitation, the right to hold the purchaser liable for the bid price, LBMA at their option, may either (a) cancel the sale, or (b) resell the property on three days notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for payment of any deficiency, all other charges due hereunder and incidental damages. LBMA shall have the rights afforded a secured party under the California Commercial Code with respect to such property, and LBMA may apply against such obligations all monies or other property held or received by LBMA for the account of, or due from them to, such purchaser.
  7. Payment should be made payable to LBMA.
  8. Unless exempted by law, the purchaser will be required to pay the California state and local sales tax or any applicable compensating use tax of another state on the total purchase price.
  9. LBMA is not responsible for the acts or omissions of carriers or packers of purchased lots, whether or not recommended by them. Packing and handling of purchased lots by LBMA is at the entire risk of the purchaser. In no event will LBMA’s liability to a purchaser exceed the purchase price actually paid.
  10. The Conditions of Sale as well as the purchaser’s and LBMA’s respective rights and obligations hereunder shall be governed by and construed and enforced in accordance with the laws of the State of California. By bidding at an auction, whether present in person or by an agent, order bid, or other means, the purchaser shall be deemed to have consented to the jurisdiction of the state and federal courts of the State of California.
  11. In the case of absentee bids, LBMA is not responsible for any errors or omissions in connection with such bids.
  12. All lots are offered for sale subject to a reserve, which is the confidential minimum price below which such lot will not be sold. LBMA may implement such reserve by bidding up to the reserve on behalf of Donors.