Cose d' Argilla Fine Italian and Contemporary Art Gallery is closing its doors. On Dec. 16th the entire Inventory and fixtures will be Auctioned on location. Cose d' Argilla has been recognized for its presentation of a wide spectrum of Artistic delights including ceramics, paintings, and jewelry

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Terms And Conditions

TERMS & CONDITIONS

There will be two methods of bidding for this auction 1. Attend the auction on location and bid in person. 2. Place Absentee bids online a minimum of 24 hrs before the auction.

Bidding at this Auction indicates acceptance of all the following information: NOTE: This is a Cataloged sale. Lots will be sold in catalog number order. Illustrations in the catalog are for identification only and should not be used as a basis for determining condition of the lot.

1. REGISTRATION: All bidders shall register to bid in the auction by completing the on-line registration form and acknowledging agreement to the Terms & Conditions of the auction as listed below. All on-line absentee bidders need to be approved by LuJohns Auctioneers (LuJOhns) in order to place absentee bids online. Please submit your completed registration form as early as possible to assure approval opportunity - no later then 24 hours prior to the start of the auction. All internet abserntee bidders must complete and Fax the lujohns the credit card agreement form. This must be done a Minimum Of 24hrs Before the Auction No Exceptions. Click Here To Print Credit Card Approval Form

2. SUCCESSFUL BIDDERS will be notified electronically within 24 hours of date of auction. Successful Internet absentee bidders credit cards will be charged at the conclusion of the auction event and items will be shipped according to section 7 of these term and conditions. Payments accepted are MasterCard and Visa. The purchaser is legally responsible for payment. Failure to complete payment within the time allocated may result in legal proceedings and most definitely will result in non-issuance of a bidding number in the future.

3. BUYERS PREMIUM: A 15% (fifteen percent) Buyers Premium shall be added to all successful Internet bids to become part of the purchase price. BUYERS PREMIUM DEFINITION: The Buyers Premium is that portion of the commission(s), which is being paid by the buyer. It is clearly understood and agreed by both the buyer and the Seller that the Auctioneer and Broker represent the Seller only.

4. All purchases are subject to the Massachusetts State Sales Tax of 5 % unless the purchaser possesses a Tax Exemption Number, an out of state tax number, or shipping out of Massachusetts.

5. BIDDING: There will be two methods of bidding for this auction 1. Attend the auction on location and bid in person. 2. Place Absentee bids online a minimum of 24 hrs before the auction. Note: Bidder agrees that LuJohns shall not be held responsible for bidders inability to post a bid on any lot, at any time, for any reason whatsoever. Absentee bids are executed at no charge and are a convenience for our customers. LuJohns shall not be responsible for any errors or failures to accurately execute bids. Bidders are encouraged to submit absentee bids as early as possible, at least 24 hours prior to start of auction (internet bidders placing absentee bids must submit credit card information a minimum of 24 hrs before the auction.

6. CONDITION REPORTS: All bidders should email questions regarding condition reports. This report supersedes the catalog description. LuJOhns staff can answer questions up until 24 hours prior to the start of the auction.

7. INVOICING, REMOVAL & SHIPPING: All successful online bidders will be notified by email mmediately following the conclusion of the auction with a detailed invoice showing each lot number, description and bid. The invoice will also have the total, not including shipping costs, which is due and payable upon receipt. All online purchases shall be removed from the LuJohns Gallary by 4:30PM on Wednesday following the auction. Successful bidders are solely responsible for all costs involved with shipping, packing and insuring their purchases as provided by The Package Store. Unless other pre-arrangements are made with LuJohns prior to auction, all items being shipped will be picked up by the Package Store located at 1440 East St Pittsfield, MA (tel number 413 499-9748) within the timeframe outlined above. It is understood that LuJohns assumes no responsibility for carriers actions. Further, it is strongly recommended that bidders request shipping quotes on "lots" of interest, prior to bidding, from the Package Store. By having a reasonable idea as to shipping costs in advance the bidder can better judge what dollar amount to bid on each lot of interest. Bidder agrees that LuJOhns shall not be involved in shipping whatsoever and agrees to hold harmless and indemnify LuJohns from any claims of any kind regarding shipping/delivery of any lots purchased. Bidder agrees in advance that LuJohns shall provide bidder contact information to Package Store for the purposes of expediting shipping. Any purchases not removed by purchaser by 4:30PM on Wednesday following the auction shall be deemed abandoned and disposed of at buyer?s expense. IT IS THE BUYERS RESPONSIBILITY TO CONTACT THE SHIPPER, Package Store, AND MAKE ALL ARRANGEMENTS FOR SHIPPING AND PAYING SHIPPING COSTS IN A TIMELY MANNER FOLLOWING THE AUCTION. 8. Internet Bids: The user of LuJohns.com indemnifies and holds LuJohns and its consignors harmless against any claim arising out of or resulting from use of lujohns.com site, including all losses, damages, liabilities, and all fees (including attorneys fees), costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall LuJohns and its consignors be liable for lost profits or any special, incidental, or consequential damages that result from the use of, or the inability to use, this site.

9. Estimates: Whenever estimates are provided in this catalog they are our opinion of the price range that a willing buyer would pay for the property at auction. These estimates are merely the opinion of our cataloging staff. However, all lots offered on-line are sold without minimum or reserve to the highest bidder regardless of price. Therefore, the buyer should rely solely on their own knowledge to determine the amount they are willing to pay. Estimates are neither a representation nor a prediction of the actual selling price that will be realized at auction, post-auction sale, or upon resale, which may be substantially different from these estimates. LuJohns shall not be liable in any way for such a difference. Buyers agree that they are relying solely on their own opinions of value when bidding.

10. Ownership title passes upon the fall of the Auctioneers gavel, and thereafter the property is at the risk of the buyer and neither the seller, nor the auctioneer shall be responsible for loss or damage.

11. Every item is sold "as, is". Neither the auctioneer nor the seller makes any warranties or representations of any kind or nature with respect to said property. All sales are final. Catalog descriptions are for simple identification purposes only, no representations are made as to authenticity, age, origin or value. Buyer relies solely on his/her own inspection and judgment when bidding. Please email any questions at least 24 hours prior to the start of auction.

12. The highest approved bidder to be the buyer. In all cases of disputed bids, the property shall be resold. But, auctioneer will use his judgment as to good faith of all claims and his decision is final.

13. Should a dispute arise after the auction, auctioneers records shall be conclusive in all respects.

14. This is a privately owned and operated auction. We reserve the right to refuse admittance to any person(s). No transfer shall be recognized from one buyer to another.

15. If the Auctioneer determines that any bid is not commensurate with the value of the article offered, he may reject the same and withdraw the item from the auction, and having acknowledged an opening bid, he decides that an advance is not sufficient, he may reject the advance. Auctioneer reserves the right to bid on behalf of Buyers/Sellers/Secured parties.

16. Bidder agrees to pay any and all charges and expenses incurred by reason of any breach of terms & conditions of auction or in case of default, including, without limitation, reasonable attorney's fees, as well as any dollar deficiencies which may result in the resale of the property, and the cost of re-marketing said property. Additional commissions shall be due and payable.

17. Governing Law and Forum for Disputes: The laws of Massachusetts shall govern the auctions of LuJohns. Any disputes that may arise in connection with the auction and/or any auction purchase, and all of the terms and conditions set forth herein above, shall be governed by and construed in accordance with Massachusetts law. Any one who participates in the auction and/or makes auction purchases agrees to submit to the jurisdiction of the courts of the Comonwealth of Massachusetts with respect to any dispute arising in connection with the auction and/or any auction purchases. In the event that Lujohns needs to bring an action to enforce the terms and conditions herein and/or to collect any sum due and owing to it LuJohns shall be entitled in addition to collect its reasonable attorney's fees, collection agency fees, and cost of suit. Severability and Waiver: If any provision of portion of these Terms of Sale shall be deemed unlawful, void, or unenforceable under applicable law, that provision or portion shall be stricken and severed from the remaining provisions, which shall remain in full force and effect. Failure to enforce any of the provisions in these Terms of Sale shall not be deemed a waiver of the right to enforce any other provisions of these Terms of Sale.

18. Auctioneer reserves the right to withdraw any property prior to auction.

19. The above stated Terms & Conditions of Auction cannot be altered except in writing by all parties of the contract, or by verbal changes to terms give by Auctioneer at time of auction

20. Bidder does hereby indemnify and hold harmless auctioneer and Seller from any and all damages, claims, or liabilities from injuries to persons or property of any type whatsoever, caused before, during, or after the auction.

Additional Information: CONSIGNMENTS: LuJOhns will assist you by selling one item, a collection or an entire estate. For consignment inquiries and appointments call one of our Auctioneers or Staff at 413 443 3613. LuJohns is also licensed to sell real estate. TRUSTS AND ESTATES: LuJohns often works with bankers, trust officers, lawyers and others with the responsibility for dispersing estates. We will work with you and your representative to discuss your Estate Planning needs. APPRAISALS:LuJohns provides an appraisal service for insurance, estate tax, family division or other purposes