Clark’s Fine Art & Auctioneers Inc.
7011 Hayvenhurst Avenue, Space A, Van
Nuys, CA 91406
Hayvenhurst Avenue, Space A, Van Nuys, CA 91406
(818) 783-3052 Fax (818) 783-3162
Celebrating 38 years in the Fine Art Business!
TERMS FOR CONSIGNMENT 2017
The consignor agrees
to the preceding CONDITIONS OF SALE
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*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, 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. 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. 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.
Article I. The authenticity of the Authorship (creator, period, culture, or source of origin, as the case may be, as set forth in the Bold Type Heading of a catalogue lot or as described on the Sales Agreement) of property is guaranteed for 30 days from the sale date. If within 30 days the purchaser returns the property in the same condition as when purchased and gives us written proof from a recognized impartial expert which establishes beyond a reasonable doubt that the returned property is in fact a counterfeit or a forgery intended to deceive and that this was not indicated by a fair reading of the auction catalogue, sales agreement or auctioneer’s comments at the time of sale, then we and the consignor will rescind the sale and refund the purchase price. This is a non-assignable guarantee and applicable only to the receipt-bearing original purchaser. The guarantee does not apply to (a) property with a heading or description which includes the word or words "after", "attributed", "manner", "style", "school", "circle", “follower”, “collection”, “bearing”, “bears signature”, “complimentary signature”, “signed artist’s name” or “inscribed artist’s name” (b) property sold as or listed under the heading or section “Decorative Arts” or “Fine Decorative Arts”, (c) lots with a low estimate of $500. or less, (d) lots offered without an estimate, (e) property offered in a weekday auction.
GLOSSARY OF TERMS
Name of Artist:
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
Clark’s Fine Art & Auctioneers 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.
In condition as most likely received from the artist’s studio or production facility.
Good Aged Condition
In good condition as one might expect given the age of the item.
Unless otherwise noted no obvious condition problems sighted at time of inspection framed or perceived studio condition.
A) Good 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
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.
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.
Less than “fair condition” and in need of repair and or restoration.
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