Clark's Fine Art Gallery & Auctioneers Inc.

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GENERAL TERMS FOR CONSIGNMENT:

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 Clark Cierlak Fine Arts or Clark’s Fine Art & Auctioneers Inc. under the provisions of article I.  All individual lots, items or properties will be subject to the following commission rates on the hammer or sales price: $1.-$100. @ 35%, $101.-$500. @ 30%, $501.-$1000. @ 25%, $1001.-$3000. @ 20%, $3001-$7500. @ 15%, $7501. and above @ 10%.  All lots, items or properties 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 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 Clark Cierlak Fine Arts or Clark’s Fine Art & Auctioneers Inc.  A non-refundable $12. to $15 illustration 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 five hundred dollars.  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. Clark Cierlak Fine Arts or Clark’s Fine Art & Auctioneers Inc. 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 agree to fully reimburse Clark Cierlak Fine Arts or Clark’s Fine Art & Auctioneers Inc. for all commissions, premiums, insurance, and expenses that were estimated to be received by Clark Cierlak Fine Arts or Clark’s Fine Art & Auctioneers Inc. for the sale or offering of any property that is withdrawn by the consignor and/or their representatives or agents prior to the term of agreement. In addition the consignor and/or their representatives or agents agree to fully reimburse Clark Cierlak Fine Arts or Clark’s Fine Art & Auctioneers Inc. for all legal fees or arbitration fees incurred in procuring any money due Clark Cierlak Fine Arts or Clark’s Fine Art & Auctioneers Inc. for property withdrawn prior to the term of this agreement.  Clark Cierlak Fine Arts or Clark’s Fine Art & Auctioneers Inc. reserves the right to pursue non-complying bidders for payment or legal recourse.

Clark Cierlak Fine Arts or Clark’s Fine Art & Auctioneers Inc. may use their professional discretion to determine if a lot needs to be framed, shrink-wrapped, restored, or placed in a sleeve* 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.  *Each individual sleeve is $10. up to size 30” x 40”, or $12. for a 32” x 43”, or $20. for a 40” x 50”, or $25. for a 40” x 60”. Although a reasonable effort is maintained, Clark Cierlak Fine Arts or Clark’s Fine Art & Auctioneers Inc. 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 Clark Cierlak Fine Arts or Clark’s Fine Art & Auctioneers Inc. 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 Clark Cierlak Fine Arts or Clark’s Fine Art & Auctioneers Inc. 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 day, whichever is greater, unless other agreed upon written arrangements have been made.  Delivery, shipping, packaging and related insurance expenses are the responsibility of the consignor. Clark Cierlak Fine Arts or Clark’s Fine Art & Auctioneers Inc. 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.

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