Clark’s Fine Art & Auctioneers Inc.

7011 Hayvenhurst Avenue, Space A, Van Nuys, CA 91406

(818) 783-3052 Fax (818) 783-3162   gallery@pacbell.net

www.estateauctionservice.com

Celebrating 45 years in the Fine Art Business!

GENERAL TERMS FOR CONSIGNMENT 2021

The consignor agrees to the preceding CONDITIONS OF SALE AND TERMS OF GUARANTEE.  In particular, the consignor agrees to refund all moneys received if property is returned to CFAA under the provisions of Article I.  Property sold without guarantee according to Article I may be rescinded at our discretion for reasons of doubt, fakery, fraud, forgery or damage to our reputation.  All individual lots, items or properties will be subject to the following commission rates on the hammer or sales price: $1.-$500. @ 50% without photography fees or insurance, $501.-$1000. @ 25%, $1001.-$3000. @ 20%, $3001-$7500. @ 15%, $7501. and above @ 10%.  All lots, items or properties with a low estimate over $500. are subject to an insurance fee of 1 ½ % on the hammer or sales price and are covered under the conditions and terms of our Fine Arts Insurance policy up to the reserve price or starting price, whichever is greater, less our commission.  Lots, items or properties sold out of auction shall be subject to the same commission and insurance rates as hammer price sales, and like hammer price sales they are also subject to a buyer’s premium which is the sole property of CFAA.  A non-refundable $15. - $25. photography fee will be charged per item per lot per auction.  Unless otherwise noted the reserve or the minimum selling price shall be seventy-five percent of the consigned low estimate on lots with a low estimate over $500.  Lots consigned with a low estimate of five hundred dollars or less will be sold without reserve.  The estimate in the catalogue may differ from the consigned estimate and does not affect the terms of this agreement. Unless otherwise indicated, unsold lots with a reserve may be re-offered at a second auction with a reserve of fifty percent of the consigned low estimate and without reserve at a third auction.  Unless otherwise stated all property is consigned for a minimum term of three auctions from date of this agreement plus fourteen calendar days.  CFAA reserves the right to return all or part of the consigned property for any reason whatsoever prior to the term of this agreement.  The consignor and/or their representatives or agents may withdraw property prior to the term of this agreement if they first pay CFAA for all expected commissions, premiums, insurance, and expenses based on the high estimate. In addition the consignor and/or their representatives or agents agree to fully reimburse CFAA for all legal fees or arbitration fees incurred in procuring any money due CFAA for property withdrawn prior to the term of this agreement.  CFAA reserves the right to pursue or not pursue non-complying bidders for payment or legal recourse.

Payment: Consignor statements and checks are issued on the 31st day from the sale date after the 30 day guarantee has expired unless said day is on a weekend or holiday then it would be the following business day.

CFAA may use their professional discretion to determine if a lot needs to be framed, shrink-wrapped, restored, or placed in a sleeve*or Carton* before being offered for sale, such costs shall be billed to the consignor or deducted from the hammer or sales price in addition to any commissions, insurance fees, or illustration fees.  * Individual sleeves or cartons range from $10 up to $40 depending on the size. Although a reasonable effort is maintained, CFAA is not responsible for the normal wear and tear associated with the handling and care of items offered for sale at public auction.  The consignor and/or their representatives or agents fully warrant that all consigned properties are free and clear of all liens, encumbrances or claims of third parties of every kind or nature whatsoever, and that CFAA shall not be held responsible in any way for any disputed consigned property in perpetuity. Furthermore the consignor and their representatives or agents agree to fully reimburse CFAA for all commissions, premiums, insurance, expenses and legal fees or arbitration fees that may arise from any disputed consigned property. Unsold property that has not been picked up within 3 days after the term of this agreement or upon our request will be subject to a daily storage charge of 5% of the low estimate or ten dollars per item per day, whichever is greater, unless other agreed upon written arrangements have been made. Any unsold property that has been subject to a daily storage charge exceeding 30 days shall be deemed as abandoned and may be disposed of by us as we see fit without any liability or obligation to the consignor. Delivery, shipping, packaging and related insurance expenses are the responsibility of the consignor. CFAA accepts no responsibilities for the packing or shipping of received or returned consignments. The consignor may be charged for any drayage expenses incurred. Any legal expenses incurred by us to collect any or all of any payment due to us will be charged to the consignor.

 

GLOSSARY OF TERMS

Name of Artist: Subject to the Conditions of Sale set forth in this catalogue, each lot is identified to be the work of the artist whose name appears in BOLD TYPE HEADING.  This heading may precede a single lot or a series of lots by the same artist (see article "I" in the Conditions of Sale And Terms of Guarantee.  Title: If there is a generally accepted title for the work, that title is given at the beginning of the lot description.  If the work does not have a title or the title is not known to us, a descriptive title is given instead.  References: Whenever possible, standard catalogues of the artist's works are cited in parentheses following the title.  This is done to facilitate identification and to indicate where the reader might seek further information with respect to any of the subjects mentioned below and does not necessarily indicate state or that catalogue was actually viewed by us.  Date: Unless otherwise indicated, we believe the date given is the date of execution of the work, plate or master.  A date preceded by a "c." (circa) represents our best judgment of the approximate date.  Medium: The primary medium is identified following the title, reference or date.  The terms used are intended as general description and may not cover all the techniques employed by the artist.  Signature: Unless otherwise indicated, a work is described as signed only if it has, in our opinion, a signature of the identified artist. The terms “bears signature” or “signed artist’s name” or “inscribed artist’s name” or “complimentary” do not reflect our opinion that it is the signature of the identified artist.  Edition: Within the limits of information available to us, a reasonable effort has been made to state accurately the size of a numbered edition.  Measurements: Measurements are given, in inches, height before width and may be by sight or rounded off.  Framing: "Framed" works are usually sold in the frames in which they have been received by us. We do not do condition reports on the frames. Frames are sold as is. We take no responsibility either for the appearance of frames or for their conformity to proper conservation standards. We do not open frames for inspection. Estimate: The range of low and high numbers following the lot description suggesting the expected auction price of the lot.

 

CFAA incorporates the following terms and combination of terms for describing the physical condition of property to be offered for sale. Unless otherwise requested, artworks are not inspected out of their frames. Some condition issues may be listed in the description in addition to their ranking while other condition issues may not be listed but may be present based on their ranking. We are happy to provide additional property description upon request. The “Conditions of Sale and Terms of Guarantee” apply to all property offered for sale.

 

Studio Condition

In condition as most likely received from the artist’s studio or production facility.

 

Aged Condition

In good condition as one might expect given the age of the item. African, Ethnic, Tribal and others, especially ritual or ceremonial objects may have cracks and losses, natural or otherwise, which are considered normal and may not be listed in the condition report.

 

Apparently

Unless otherwise noted no obvious condition problems sighted at time of inspection, framed or perceived studio condition.

 

A) Good Condition (A condition)

May have a few unobtrusive minor condition issues. For works on paper this may include: Soft handling creases, pale toning or discoloration, light scuffs, minor creases or other minor imperfections that may have not been noticed at time of inspection. For works not on paper this may include: Surface soiling, light surface scuffs or scratches, natural and or hairline cracking, minor wear, or other minor imperfections that may have not been noticed at time of inspection.

 

B) Generally Good (B condition)

May have more minor to moderate condition issues that are generally more pronounced or more noticeable than “good” condition. For works on paper this may also include: Nicks or scrapes, small edge tears, lightly scattered speckles or foxing, some staining in the margins, some fading, and or similar condition issues. For works not on paper this may also include: Small chips, losses, tears, some repair, and or more similar condition issues.

 

C) Fair (C condition)

May have more moderate condition issues overall. This may include: tears and or losses and or repairs and or fading of colors, and or more moderate “generally good” condition issues.

 

D) Poor (D condition)

Less than “fair condition” and in need of repair and or restoration.

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