Conditions of Sale
These Conditions of Sale apply to the Silver Eye Benefit Auction 2024, which includes (1) a live auction held at Silver Eye Center for Photography (SECP) on October 19, 2024, the lots of which are also available for bidding online on Artsy.net from October 8, 2024; and (2) a silent auction running from October 8 to October 21, 2024, that is only available for bidding online on Artsy.net. The Conditions of Sale below apply to the entire auction and online bidders are additionally bound by the Artsy conditions of sale (https://www.artsy.net/conditions-of-sale) and it is the bidder’s responsibility to read this document.
This catalog, as amended by any posted notices or oral announcements during the sale, is SECP’s agreement with the purchaser relative to the property listed herein.
1. Live Auction: Bidders who wish to bid in person in the live auction can register to bid by purchasing a live auction ticket through the SECP website. Bidders who wish to bid on the live auction lots online, either before the date of the live auction or during the live auction must first register on Artsy. It is recommended to register 1 business day before planning to place a bid.
2. Silent Auction: Bidders who wish to bid on the online silent auction lots must first register on Artsy. It is recommended to register 1 business day before planning to place a bid.
3. Silent Auction: a bidder may enter a Maximum Bid, and the system will bid automatically by increments up to the Maximum Bid, only as much as necessary to maintain the bidder’s position as highest bidder. Silent Auctions may be subject to “popcorn” closure in which a bid made close to the ending time of the lot extends the period that the lot is available to bid.
4. All Property is sold “AS IS” and SECP does not make any guarantees, warranties or representations, expressed or implied, with respect to the property or the correctness of the catalog or other description of the authenticity of authorship, physical condition, size, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property or otherwise. No statement anywhere whether oral or written, shall be deemed such a guarantee, warranty or representation. Prospective bidders should inspect the property before bidding to determine its condition and size.
5. All sizes are approximate and size refers to size of image, not the size of the actual print.
6. SECP reserves the right to withdraw any property before the live auction and Artsy reserves the right to withdraw any property from online bidding.
7. Unless otherwise announced by the auctioneer, all bids are per Lot as numbered in the catalog.
8. Live Auction Integration (“LAI”). LAI allows for online bidding through the Artsy platform during the live auction event. Artsy conditions of sale apply. Artsy may provide a deadline for bidders to register for LAI prior to auction. This registration is subject to review and approval by Artsy and/or SECP. Registration for the applicable auction is not guaranteed, and a person may not be permitted to participate in the auction in the sole and absolute discretion of Artsy or SECP.
9. LAI: LAI is provided as an alternative bidding service and should not be considered a replacement for bidding in the live auction room. LAI bidders are responsible for making themselves aware of all sale room notices and announcements for such live auction and are advised to examine any lot in which they are interested. If a bidder clicks on the “Bid” button and the bid is successfully sent, the bid will be reviewed and, if accepted by Artsy, will be submitted on the bidder’s behalf to the auctioneer; the acceptance of any and all such bids are subject to the discretion of the Auctioneer. Once accepted by the Auctioneer, the bid will be valid and binding until the sale of the lot closes. A bidder may enter a Maximum Bid, and the system will bid automatically by increments up to the Maximum Bid, only as much as necessary to maintain the bidder’s position as highest bidder. Bidding increments, including any possible Maximum Bid, will match the increments set by the live auction third-party.
10. LAI: During a live auction with LAI, bids other than internet bids will be displayed on LAI bidder computer screens as “floor” bids. “Floor” bids include, without limitation, those bids taken from the live auction room, telephones, bids from other online platforms, or bids made by the Auctioneer to protect the Reserve. In the event of a tie between an online bid and a “floor” bid, the “floor” bid generally will take precedence, subject to the Auctioneer’s sole and absolute discretion, provided, however, that the LAI clerk reserves the right to make amendments to correct any “floor” bids that are mistakenly represented on the LAI computer screen, and in such cases, an LAI bidder’s bid, once accepted by the Auctioneer, may become the highest bidder and winning bid. LAI bids submitted and accepted are final and, under no circumstances, will you be permitted to amend or retract your bid, and if you are the highest bidder for the lot, you accept liability to pay the Total Purchase Price. Once an LAI bidder has bid, the next available bidding increment will be shown on the screen. The available bidding increment may not reflect the bid that is subsequently taken off the floor, as the Auctioneer may deviate from the automatic bidding increments at any time, at their discretion. While the Auctioneer may vary increments at their discretion, LAI bidders will not be able to place a bid in an amount other than a whole bidding increment.
11. The record of sale kept by the Auctioneer will be taken as absolute and final in all disputes. In the event of a discrepancy between any online records or messages provided to an LAI bidder and the record of sale kept by the Auctioneer, the record of sale will govern. After the auction, the live auction third-party will contact winning bidders directly to collect payment, arrange for delivery or pickup of purchased property, and conduct any other applicable post-sale activities, and Artsy will have no responsibility to bidders in these regards unless expressly indicated otherwise.
12. Artsy and SECP do not warrant that the services, including LAI, will be uninterrupted or error-free, or that bids will be received by the auctioneer or information regarding current price will be transmitted in a timely fashion. Artsy and SECP are not responsible for any delay or failure in bidder’s ability to access LAI services or guarantee that LAI services will be available. Please see Artsy conditions of sale (https://www.artsy.net/conditions-of-sale).
13. The auctioneer and Artsy reserve the right to reject any bid. In the live auction, the highest bidder acknowledged by the auctioneer will be the purchaser. In the event of any dispute between bidders, or in the event of doubt on our part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sale record is conclusive. Although in our discretion we will execute order bids or accept telephone bids as a convenience of clients who are not present at auctions, we are not responsible for any errors or omissions in connection therewith
14. Absentee bids in live auction are executed by the auctioneer. Absentee bids must be received by noon on October 19, 2024, either by hand or by post, or by email at leo@silvereye.org.
15. Phone bidders in live auction must register to bid by phone by 12pm on October 19, 2022, either by hand or by post, or by email at leo@silvereye.org.
16. If the auctioneer decides that any opening bid is below the value of the article offered, she may reject the same and withdraw the article from sale, and if, having acknowledged an opening bid, she decides that any advance thereafter is insufficient, she may reject the advance.
17 A buyer’s premium of 15% will be added to the successful bid price and is payable by the purchaser as part of the total purchase price. The buyer’s premium covers administrative overhead costs of the auction.
18. Taxes. Pennsylvania sales tax (7%) is charged on any purchases picked up or delivered in Pennsylvania. Other state taxes may apply.
19. Winning bidders will be invoiced by SECP. Payment must be made within 7 days of end of auction.
20. All transactions must be complete before property is removed from the Gallery or shipped to the buyer. Possession of purchased property will not be turned over to bidder until checks have been cleared or arrangements for payment have been made with the Gallery. Cash, certified check, VISA /Mastercard credit cards, or personal checks with prior approval are acceptable terms for purchases.
21. If an article sold cannot be delivered by reason of theft, breakage, or other damage prior to check out, the sale shall be deemed cancelled without any liability on the part of the Gallery.
22. All merchandise must be picked up as soon as practicable following the sale, in no case later than 14 calendar days from the sale; or arrangements must be made to have the artwork shipped at the buyer’s expense. Unless prior arrangement has been made, SECP reserves the right to charge $10 per lot per day to store said property. SECP shall have no liability for any damage to property left on its premises for more than fourteen (14) calendar days following the sale. SECP may dispose of property, which is paid for but left on our premises for any reason in excess of fourteen (14) calendar days following the sale without notice or obligation to the original buyer.
23. Merchandise will be packed and transported by the purchaser at their own risk and expense. If any employee or agent of the Gallery shall pack or transport the merchandise it is fully at the risk, responsibility and expense of the buyer and the Gallery shall not be liable for any loss or damage that may be caused by said agent or employee.
24. Delivery/shipping of purchased lots, if requested, can be referred by SECP at the purchaser’s expense. Packing and handling of purchased lots, if requested, is for the convenience of, and at the entire risk of, the purchaser. SECP is not responsible for the acts or omissions of carriers or packers of purchased lots.
25. Bidding on merchandise automatically constitutes agreement with these terms.
Auction License: Alison Brand Oehler AU005978