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Terms of Service
OGDEN MUSEUM OF SOUTHERN ART O What A Night! 2006 Gala Auction CONDITIONS OF SALE The following, as amended by any posted notices or oral announcements during the sale, constitutes the entire terms and conditions on which property shall be offered for sale or sold through The Ogden Museum of Southern Art (the Museum). On the fall of the auctioneer’s hammer, the highest bidder shall be deemed to have purchased the offered lot in accordance with all of the conditions set forth herein and will pay the purchase price in full. The Museum reserves the right to withdraw any lot at any time before the actual sale. The Museum reserves the right to reject a bid from any bidder. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, or in the event the auctioneer doubts the validity of any bid, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the lot in dispute. If any dispute arises after the sale, the Museum sales records shall be conclusive in all respects. While the Museum has endeavored to catalog and describe the lots correctly, each lot is sold “as is” and the Museum does not warrant or represent, nor shall be responsible for, the description, importance or condition of lot. No statement contained in the catalog or made verbally prior to or during the sale shall be deemed to express any warranty, representation or assumption of responsibility of the Museum. Payment in full must be made by the successful bidder at the close of the live auction on October 21, 2006. The Museum reserves the right to require payment in full of the sales price at the moment of the successful bid. In the event that the buyer of any lot fails to pay the purchase price thereof when due, the Museum shall have the option, at its sole discretion, to (a) void the sale as if said sale had not occurred; (b) enforce payment by civil action or other proceedings against the buyer; or (c) exercise any other remedy or remedies available under law, including but not limited to a second sale of said item in accordance with the provisions Louisiana Civil Code, Article 2622, including the subsequent enforcement of any deficiency against the initial buyer. A “final” bid at the on-line auction does not constitute a winning bid. The highest “final” bid of the Museum’s on-line auction or absentee bid represents the beginning bid for that lot at the live auction. All lots carry a minimum initial bid, whether on-line, telephone, absentee or live action, of $250. If no bid is made via telephone or live auction bidding that is higher than the “final” on-line bid, then the “final” on-line bid is the winning bid and is the subsequent purchase price to be paid by winner. On-line bidding closes Monday, October 16, 2006 at 5 p.m. Registration for telephone bids must be made by Tuesday, October 17, 2006 at 5 p.m. Telephone bidding begins at time of live auction. Absentee and on-line bidding begins October 1, 2006. All absentee bids must be in the Museum by Monday, October 16, 2006 at 5 p.m. and all on-line bids must be in the Museum by Tuesday, October 17, 2006 at 5 p.m. All arrangements for bidding should be made as early as possible. Telephone bidding is taken at the discretion of the Museum. The Museum assumes no responsibility for failure to execute bids for any reason whatsoever. Items must be promptly removed after the live auction unless special arrangements have been made with the Museum. In the event of shipping special arrangements must be made with the Museum and shipping is to be paid by purchaser. Payment in full must be made by the successful bidder at the close of the auction. Credit card (VISA, MasterCard, Discover, American Express), check, money order and cash are all accepted forms of payment. The Ogden Museum would like to acknowledge our appreciation to M. Clayton Brown, LLC, Neal Auction Company and New Orleans Auction Galleries, Inc. for their assistance in developing the preceding language.
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