Clark’s Fine Art & Auctioneers Inc.

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

(818) 783-3052 Fax (818) 783-3162

Celebrating 38 years in the Fine Art Business!

www.estateauctionservice.com

gallery@pacbell.net

 

GENERAL TERMS FOR CONSIGNMENT 2017

 

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 (see below).  Property sold without guarantee according to Article I may be rescinded at our discretion for reasons of doubt, fakery, fraud, forgery or damage to our reputation.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.-$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 $15. - $25. 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*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.

 

CONDITIONS OF SALE AND TERMS OF GUARANTEE

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: 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 take no responsibility either for the appearance of frames or for their conformity to proper conservation standards.  Estimates: A range of numbers following the lot description is a suggested bidding guideline for the expected auction price of the lot.

 

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.

 

Studio Condition

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.

 

Apparently

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.

 

C) Fair

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

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

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