Conditions of Sale and Terms of Guarantee
1. Prospective buyers wishing to participate in an auction must register before the sale by providing the Auctioneer with full contact details (name, address, telephone numbers). The prospective buyer will receive a paddle number that will serve as identification.
2. The prospective buyer's registration in the auction confirms that he/she has read and agreed to all the conditions and terms of sale as stated below.
3. All items listed for sale in this catalogue are sold "AS IS" and there will be no returns based on condition. The items sold are often of considerable age and will exhibit wear, usage and damage often not listed in the catalogue entry. The absence of condition remarks in the catalogue entry DOES NOT mean the item is in perfect condition. Prospective buyers or their agents are in ALL CASES responsible for determining the physical condition of lots. No employee or agent of Hammersite is authorized to make on our behalf or on that of the consignor any representation or warranty, oral or written, with respect to any property. Therefore, if a prospective bidder has not examined the property to their satisfaction before the sale, or his/her agent has not inspected the property, Hammersite recommends that they not bid on the property. All dimensions are approximate. The condition is not guaranteed.
a. Items over 250 years:
All items above 250 years old are subject to export regulations and requirements.
It is the sole responsibility of the prospective buyer to ensure that any item that is over 250 years old (“Antique Item”) and has been successfully bid on or won through Hammersite Auctions, is permissible for import into the buyer’s country of residence. Buyers must conduct due diligence, including but not limited to, consulting with relevant authorities, legal counsel, and customs departments, to ascertain the legality and requirements of importing such Antique Items.
Hammersite shall not be held liable or responsible for any legalities, restrictions, penalties, or confiscations arising from the importation of Antique Items into the buyer’s country of residence. Hammersite makes no representation or warranty regarding the legality of the importation of such items and will not be involved in any disputes or resolutions pertaining to import restrictions or violations.
The buyer agrees to indemnify, defend, and hold harmless Hammersite, its affiliates, officers, directors, employees, agents, and representatives from any and all claims, liabilities, damages, and/or costs (including, but not limited to, legal fees) arising from the buyer’s failure to comply with applicable import laws and regulations relating to Antique Items.
Any description or condition statement is given as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. Hammersite shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. The lots listed in this catalogue will be offered by Hammersite as owner or as agent for consignor(s) subject to the following terms and conditions. By bidding at auction you agree to be bound by these Conditions of Sale.
4. Neither the Auctioneer "Hammersite" (stated below: "Auctioneer") nor the consignor make any warranties or representations of any kind with respect to the property and they will not be
responsible for the accuracy of authorship, attribution, provenance, period, culture, source, origin or condition of the objects. No statement made at the sale, on the invoice or elsewhere shall be deemed a warranty or representation of liability.
5. A painting is considered attributed to an artist if the artist's name is written before the title of the work in the catalogue. If a buyer believes that the work he has acquired is not the work of the artist to whom it is attributed in the catalogue, he must give written notice to the auctioneer within 30 days from the day of auction and provide proof of his claim at most 14 days after giving written notice. If the claim is substantiated to the satisfaction of the Auctioneer, the purchase price paid will be refunded to the buyer in full (without interest), provided that the item is returned in the same condition as at the time of sale. If a claim is made after the time period specified above, the buyer may not hold the Auctioneer liable.
6.To participate in an auction via telephone bid, absentee bid, or an elected bidding agent, the buyer must contact the Auctioneer 24 hours in advance of the auction and complete the necessary paperwork.
7. The highest bidder as determined by the Auctioneer shall be the buyer. In the case of a disputed bid, the Auctioneer shall have sole discretion in determining the winning buyer.
8. Most items will carry a reserve price under the low estimate.
9.The buyer will pay the hammer price to the Auctioneer and in addition to this the buyer agrees to pay the Auctioneer a "buyer's premium" together with applicable tax. The buyer's premium is 22% flat. Online participants through platforms other than Bidspirit incur an additional "live fee" of 5% on the hammer price.
10. Any lot purchased by a foreign citizen, paid for in foreign currency and sent directly abroad is V.A.T. exempt.
11. All catalogue and auction prices are set in U.S. dollars.
Payment shall be made to the Auctioneer in U.S. dollars or New Israeli Shekels.
a. Payment by Check- The Auctioneer reserves the right to hold purchases until checks have cleared. Only Israeli checks are accepted.
b. Payment by Cash- Payments will be accepted if they are made in US dollars or New Israeli Shekels (subject to cash regulatory restrictions).
c. Payment by Credit card- The Auctioneer will accept credit card payment for purchases by Visa, MasterCard or American Express only. All credit card transactions incur a charge of 1.2% of the total purchase price (hammer, buyer's premium and V.A.T. when applicable).
Note: New customers with no previous record on Hammersite are only permitted to pay by either wire or cash. Credit card transaction will be permissible after a credit is established.
12. Unless otherwise agreed by the Auctioneer, purchases must be paid for and removed by the 7th day following the sale. If a lot is not removed or fully paid for within the time stated above, the Auctioneer may charge the buyer expenses such as insurance and storage ($10 daily storage fee), retain the lot or any other lot sold to the buyer, apply any amount due to the buyer towards the payment of the buyer's premium or resell the purchased lot.
13. Shipping- Hammersite offers free of charge local pickup and a curtesy shipping services.
a. For shipments abroad, Hammersite offers shipping services via EMS (insured up to $5000) and a certified customs agent (A.A. Art Infinity). Alternately, a customer can provide Hammersite with a valid shipping account from an international shipping company such as FedEx, UPS, DHL, etc.
b. Shipment costs depend on the size, weight and destination of the package. Insurance bears an additional cost, depending on the shipping company, or can be arranged by the customer via an external insurance company.
c. Packaging - An outside professional packaging company hired by Hammersite provides packaging. The company provides cardboard box or wooden crate packaging that is ordered by Hammersite at the customer's request. Prices for packaging depend of course on the size and weight of the item.
Alternatively, Hammersite can hold items for customers for the duration of two weeks, unless other arrangements have been made with Hammersite. If customers prefer to arrange shipment themselves Hammersite will be happy to provide assistance.
14. This document is a translation of the Hebrew "Conditions of Sale" document, prepared for convenience only. In the case of any discrepancy, the Hebrew will prevail.