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Conditions of Sale

CONDITIONS OF SALE

TERMS OF SALE: By registering to bid on any lot or any participation in an auction conducted by MARLIN ART INC. (“Marlin”), you (the bidder and/or buyer) agrees to be bound by these Conditions of Sale.  It is of great importance that all bidders have a thorough understanding of the following terms and conditions, and, only bid if you agree to comply with all the terms and conditions for this auction. Any bidders who do not agree to the terms and conditions will not be entitled to receive the product/s bid on.

The terms and conditions herein (“Buyer Terms and Conditions,” “Conditions of Sale,” “Terms and Conditions,” or other similar pronouns) sets forth the terms of the agreement between the bidder, buyer (“Bidder,” “Buyer “you,” “your,” or other similar pronouns), as bidder and/or buyer and/or representative, and MARLIN ART INC.  (“Marlin,” “we,” “our,” or “us” or other similar pronouns), as auction house, regarding the sale of the property (“Property”) being offered in this auction. These terms govern your participation in the auction as a bidder and/or buyer well as your access to and use of any digital, print, and intellectual properties and materials owned by Marlin. If you are using any digital platform including but not limited to websites, mobile applications, or online bidding platforms (“digital platform” or “digital platforms”), whether owned by Marlin or a third party, additional terms and conditions may apply and shall be posted by or made available to you by the platform owner. We retain the right, in our sole discretion, to change these most recent Terms and Conditions from time to time, at any time, for any reason, and without notice to you. Any such changes shall be sent to you via email, and/or posted online or otherwise made available to you by the means of our choosing. By participating in the auction and/or accessing, using, bidding, and/or buying, on any digital platforms at our auction, you accept and agree to be bound by these Terms and Conditions, as well as any additional terms and conditions required by the digital platform you are using. If you do not agree to these Terms and Conditions you may not participate in the auction and may not access or use any digital platform to register for, participate in, or access any of our auctions.

These Terms and Conditions, including any amendments made by Marlin via published or posted notices and/or verbal announcements during the sale, constitute the entire terms and conditions upon which the Property listed in the catalog shall be offered for sale and/or sold by Marlin Art Inc. and any consignor of such property for whom we serve as agent.


TERMINOLOGY

The following terminology, which is used throughout these Terms and Conditions, shall be defined as follow:

“Sold” Price: The Hammer or “Sold” Price is defined as the final and winning bid, secured by the auctioneers proclamation of “sold” during the live sale.

Total Purchase Price: The sum of the Sold Price, the buyer’s premium (to be retained by us for our account and payable by the winning bidder/buyer), any associated fees and expenses due to us, and any applicable taxes.

 Purchaser (also referred to as “buyer”)

The purchaser is to be the highest bidder. Any dispute arising as to who is the highest bidder, will be determined by the Auctioneer who may choose to re-offer any disputed lot.

Marlin Authority: Marlin Authority shall solely and exclusively refer to Jodie Fineman, VP Operations Marlin Art.

AUCTION PROCESSES, PROCEDURES, AND PLATFORMS

BIDDING INFORMATION:

Anyone 18 years of age or older may bid at Marlin Art’s online auctions (bid.marlinart.com).

Bidding is an indication of your acceptance of all terms stated herein, including any changes/supplements added to the catalog, posted on our website, announced at the time of the sale or posted in the auction gallery, without exception. Acceptance of these terms and conditions constitutes a legal and binding contract and will be executed without exception. If you have any questions, please be sure to seek clarification before you bid.

Online Bidders: Must follow the registration steps required by the applicable bidding platform and are subject to both the terms and conditions of the online bidding company And Marlin. We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online bids.

Property Withdraw, Lot Consolidation/Division, and Lot Re-Sequencing. We reserve the right, in our sole discretion, for any reason we deem necessary, to withdraw any property from any sale at any time prior to the sale of the property, divide property of a lot up into multiple lots to be offered for sale, consolidate multiple lots into fewer lots to be offered for sale, or rearrange lot sequencing. You agree to hold Marlin harmless for any such actions. Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the catalog and no lots shall be divided or combined for sale.

Reserves. Unless otherwise indicated, all lots in the catalog are subject to a reserve. A reserve is a confidential minimum hammer price that a lot can be sold for. Any lots that are offered without reserve will be labeled "NO-RESERVE LOT” above the lot number. The reserve cannot be more than the low estimate of the lot.

Estimates. Estimates are based on the condition, rarity, quality and provenance of the lot and on prices recently paid at auction for similar property. Estimates may be subject to change. No party may rely on any estimate as a prediction or guarantee of the selling price of a lot or its value for any other purposes. Estimates do not include any buyer's premium or any other applicable taxes or charges.

 

Online Platforms and Bidding. Marlin may allow clients to bid online via our own website, mobile application, or other third-party online platforms. By using any of these digital platforms to participate in a sale, you acknowledge that you are bound by these Terms and Conditions, as well as any additional terms and conditions stipulated by the digital platforms. At any time, Marlin may terminate, suspend, change, discontinue, or add to any aspect of the digital platforms and/or services, in our sole discretion, without liability. We also may restrict, suspend, or terminate use of access for anyone at any time when using any digital platform to participate in a sale. You acknowledge that Marlin has no responsibility for any of the content, interaction, or risks associated with a third-party digital platform. Under no circumstances is Marlin liable, directly or indirectly, for any loss or damage that you may incur on any digital platform.  We are not responsible for any errors or omissions related to this type of bidding in any way. You further agree to hold us harmless should we fail to execute any such bids or should the digital platform, software, tool, and/or technology that you used to bid fail you at any point, for any reason.

Bidder recognition: The auctioneer shall only accept bids from properly registered bidders who place bids either in pre-bids or live during the online auction. The auctioneer shall acknowledge the top bidder as the winner. In the event of a disputed bid, the auctioneer will have sole and exclusive authority to resolve the dispute and determine the winning bidder.  In addition, The auctioneer has sole discretion and reserves the right to:

A. Reject or refuse to accept any bid or bidder that may be deemed inappropriate for any reason.

B. Pass/withdraw any items in the auction which do not open at a price commensurate with the

items’ value.

You may not, under any circumstances, amend, retract or revoke your bid after it has been placed. We are not responsible for any errors you make in bidding.  All bids onbid.marlinart.com require a bid confirmation on the platform for this reason.

CONDITION OF ITEMS & WARRANTY INFORMATION: 

Marlin Art Inc. (Marlin) makes every attempt to uphold the highest standards in the auction industry. Our goal is to consistently deliver the highest level of products and services to our customers. Our catalog descriptions represent what we have deemed appropriate to identify each object and we stand behind our descriptions as they relate to authenticity, however all items for sale are offered “as is,” and it is the bidder’s responsibility (present, absentee, phone or online) to determine the exact condition of each item.

1) All items are sold “as is,” and it is the bidder’s responsibility to inspect, research, and determine the authenticity of all items upon which bids are placed. Determination of age, materials, condition, quality, authenticity, classification, purported history and perceived value, regardless of what is written or said by Marlin, is the sole responsibility of the bidder/buyer. . All statements contained in this catalog, on our website, in any digital platform, in any materials, in any condition report, in any invoice, or elsewhere as it relates to this sale (“Published Materials”), as to source, authorship, origin, condition, provenance, period, culture, quality, importance, rarity, and/or historical significance are statements of opinion, and should not be treated as statements of fact. Marlin shall not have any responsibility for any error or omission for any statement in Published Materials. The absence of a condition statement does not imply that the lot is in perfect condition or free from wear and tear, imperfections, or signs of aging. 

2) Marlin nor it’s consignor(s) makes any expressed or implied guarantees, warranties or representations in regard to the property merchantability or the correctness of the catalog or other description of the authenticity of authorship, physical condition, size, quality, medium or material, period, culture, source, rarity, importance, provenance, exhibition, literature or historic relevance of the property or otherwise. Though photographs are meant to provide an indication of condition, Marlin takes no responsibility for the accuracy of its photographs. Colors and shades may look different on the screen to how they look on physical inspection, and images may not show the condition of a lot clearly

3) The absence of any reference to the condition of a lot does not in any way imply that the lot is in perfect condition or completely free of wear, imperfections or the effects of aging.  Please note that when condition is deemed as “new” frames are often not free of imperfections – these items are not flawed but rather are consistent with the finish of a frame or reflect the natural properties of wood.

Certificates of Authenticity. Marlin will, from time to time, for various lots offered, obtain certificates of authenticity from the artist, publisher/representative and/ or other gallery house when possible and practical, in our sole discretion and under our sole judgement. However, not all the artist, publisher/representative and/ or other gallery houses issue certificates upon request. In the event that you are a winning bidder and you attempt to obtain such a certificate from the artist, publisher/representative and/ or other gallery house and are unable to, you understand and agree that this will not constitute grounds to rescind the sale. Furthermore, you assume all such risks in the purchase of the lot(s) that you bid for and win, and will not hold Marlin liable for any costs, expenses, losses, liabilities, and/or damages as a result of such events.

If you are not able to make what you consider to be a comfortable decision about an item or if you believe an item may be incorrectly described in our catalog, we suggest that you refrain from bidding on said item.

 

RETURNS

ALL SALES ARE FINAL.

Our descriptions include what we deem to accurately portray an item’s general condition. However, opinions about condition can vary and as such, Marlin shall make the final determination in the possible event of a refund.  Please note that frames are often not free of imperfections – these items are not flawed but rather are consistent with the finish of a frame or reflect the natural properties of wood.  Refunds will not be given for purchases where there is a discrepancy in terms of a frames condition, properties, or finish.

In the event a refund is issued, it will be for the cost of the item, buyer’s premium and any sales tax paid.  If commission was given to an organization hosting the event then this will be deducted from the refund. The refund will be made in the same form as the payment of the original transaction.

 

PAYMENT:

1. Successful live bidders are expected to pay in full for all purchases immediately following the auction. Buyers must pay the entire amount including the hammer (sold) price, buyer’s premium if applicable, all taxes and other charges.  Marlin reserves the right to charge a Buyer’s Premium on all items purchased.  If a buyer’s premium is to be charged it will be listed in the auction details section.

2. Successful online bidders will be notified of their purchases by email within 3 business days of the auction. The email used will be the one supplied by the buyer upon registration.  Payment is due no later than 5 business days post sale. Payment for packing and shipping may be a separate charge covered under the “Shipping” section.

3. All returned checks will be assessed a $35.00 processing fee.

4. In the event payment in full is not received within 15 days from the date of the auction, any outstanding amounts will be charged to the credit card on file.

5. Buyer’s Default. If you fail to fully pay for your auction purchases, including all applicable expenses, fees, and taxes by the due date (three business days after the date of sale) or if any of the terms and conditions herein are not complied with by you,  we can hold you legally responsible for the Total Purchase Price plus any applicable fees, interest, or taxes, as well as any additional legal fees, accounting fees, collections costs, incidental damages, expert fees, or other costs related to your default should we choose to begin legal proceedings for recovery of all outstanding amounts.

 

SALES TAX:

Buyers are responsible for any applicable tax including any sales or compensating use tax or equivalent tax wherever such taxes may arise on the “sold”. It is your responsibility to ascertain and pay all taxes due. Marlin recommends you obtain your own independent tax advice. The successful bidder is responsible for any applicable taxes including any sales or use tax or equivalent tax wherever such taxes may arise on the Total Purchase Price. For lots Marlin ships within the United States, sales tax may be due on the Total Purchase Price, regardless of the nationality or citizenship of the successful bidder. If Marlin delivers the lot to, or the lot is collected by a service provider in New York that you have hired, New York law considers the lot delivered to the successful bidder in New York and New York sales tax must be imposed regardless of the ultimate destination of the lot. In this circumstance, New York sales tax will apply to the lot even if Marlin subsequently delivers the lot outside New York. Successful bidders claiming an exemption from sales tax must provide appropriate documentation to Marlin prior to the release of the lot. It is the successful bidder’s responsibility to pay all taxes due. Sales tax will be assessed on all purchases except when buyer provides in advance of the auction a copy of a valid state-issued resale certificate (business type must pertain to the item/s being purchased).  Unless exempt by law, all purchases (including buyer’s premium, shipping, and miscellaneous additional charges) are subject to New York State Sales Tax.

SHIPPING / PICK-UP:

Marlin reserves the right to choose desired method of delivery and/or pickup.  Prior to account settlement, Marlin will work with buyer and/or fundraising organizer on desired method of receipt of your Property— Marlin reserves the right to choose methods of delivery of either a central drop off location in which buyer will make arrangements to pick it up there, and/or  Marlin will arrange a fully-insured shipment for you with a reputable “common carrier” (e.g., DHL, FedEx, UPS, and/or USPS.  We reserve the right to hold the merchandise until cleared or certified funds are received and your account is fully settled. .

In addition to shipping/delivery, arrangements can be made for purchased items to be picked up in our Long Island location.  Lots can be picked up from our auction headquarters at 920 Grand Blvd. Deer Park, New York. Any items won during auction will not be available for pick-up until the third business day after the auction. Anyone planning to pick up property from Marlin, should call 24 hours in advance to make arrangements.. . Please call ahead as we follow Covid distancing guidelines!

Please contact Marlin with any questions at customersupport@marlinart.com.

INTELLECTUAL PROPERTY RIGHTS

Marlin owns, solely and exclusively, all rights, title, and interest in and to all intellectual property displayed and/or contained in and/or on our digital platforms, websites, mobile applications, social media accounts, print materials (including but not limited to catalogs, marketing materials, ads, business cards), and anywhere else our intellectual property might exist. You are not permitted to claim ownership of, download, copy, reproduce, display, transfer, distribute, publish, sell, modify, perform, create derivative works from, or otherwise make use of or exploit in any way any such intellectual property, as defined explicitly and implicitly herein, without the express consent of a Marlin Authority. Your use of or observance of anything contained on our website, digital platforms, mobile applications, or any other such tools, software, materials, or platforms should in any way be construed as granting any ownership, license or right to use any of our intellectual property without the necessary express written permission detailed herein. Marlin may charge a licensing fee for any approved reproduction and/or use of any such property. We make no guarantee that you or anyone will be granted a license of permission to make use of any of our intellectual property.

Legal Enforcement of Intellectual Property Rights. If you violate intentionally or unintentionally, with or without knowledge of these Terms and Conditions, any of the terms and conditions herein with regards to intellectual property rights, you may be in violation of copyright laws and other laws of New York, the United States, and/or other countries and may be subject to liability for such unauthorized use. Marlin will fully uncompromisingly enforce its intellectual property rights of the law. Furthermore, by participating in any auction, visiting our website, digital platforms, mobile applications, or interfacing with Marlin in any way, you agree to these Terms and Conditions and will grant Marlin the right to fully pursue legal prosecution if you are found to be in violation of these Terms and Conditions.

Violation of Your Rights. If you believe or suspect that your intellectual property rights have been violated in any way by something we have used or are in use of, please kindly mail and/or email our Deer park headquarters with the details. In your letter to us, please include your contact information including full name, phone number, email address, and mailing address; a description of the intellectual property you believe has been violated; and a statement by you, that the information in your letter is accurate, that you are either the intellectual property owner or authorized to act on the intellectual property owner's behalf, that you believe that the owner’s rights have been violated, and that you would be willing to testify to your claims and the accuracy of your claims in court, under penalty of perjury. Please electronically or physically sign the letter and submit to us for our review.

Governing Law. This Agreement shall be governed by and construed in accordance with the domestic laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York.

SECURITY INTEREST

You hereby grant Marlin, to the fullest extent permitted by applicable law, a security interest in and permit Marlin to retain as collateral security, the Property and the proceeds of the sale of the Property, to secure the payment of any sums Buyer/Bidder/Representative are obligated to pay under these Terms and Conditions or of any other obligation or agreement or debt due Marlin, and Buyer/Bidder/Representative agrees to execute any documents Marlin may request to perfect this security interest. Marlin will also retain all rights of a secured party under applicable law. Any foreclosure sale or other action to pursue Marlin’s rights will be governed by the UCC (which shall mean the New York Uniform Commercial Code, except where the Uniform Commercial Code of another state governs the perfection of a security interest in collateral located in that state).

INDEMNIFICATION AND LIMITATION OF LIABILITY

Indemnification. You agree to defend and indemnify Marlin, its affiliates and related entities (including but not limited to Its SPONSORING ORGANIZATION), its officers, its directors, its employees and agents, and hold the same harmless from and against, any and all claims, demands, actions, liabilities, costs, losses and/or damages (including, without limitation, indirect, incidental, consequential, economic, compensatory, and/or business losses), and expenses (including, without limitation, reasonable attorneys’ fees of counsel selected by the indemnified person, who may be in-house counsel, and any expert or accounting fees) in anyway arising out of or resulting from your use of any tools, software, digital platforms, websites, bidding platforms, or materials provided by Marlin or any third party in connection to Marlin, including but not limited to print catalogs, bidder registration forms (both print and digital), website content and functionality, any digital platform or service thereon, your placement or transmission of any messages, information, content, or other materials through email or any digital platform, or your deceptive omissions or fraudulent acts, or your breech of these Terms and Conditions, or your violation of any laws or regulations or any right of any third party (including infringement of any intellectual property rights of any entity). Furthermore, we reserve the right to assume exclusive control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Marlin in defense of any such claim. Marlin shall provide prompt notice to you of any such claim or lawsuit, provided that we are made aware of such legal action, and, if it is one asserted by a third party, we shall provide reasonable assistance to you, at your expense, in your defense against any such claim or lawsuit.

Limitation of Liability for Representation or Warranties. Except as expressly provided herein, all property is sold “as is.” Marlin makes no explicit or implicit warranties or representations, as to the value, condition, accuracy of the description, attribution, authenticity, age, period attribution, or provenance of the property. The buyer agrees that Marlin shall not be held liable for any damages or losses from errors or omissions in such things. Marlin makes no guarantees or warranties with regards to the transfer of ownership or granted licenses or any intellectual property under any circumstances. Furthermore, if any act of God, terrorism, natural disaster or other similarly-unpredictable, unanticipated, and uncontrollable event prevents Marlin from fulfilling its obligations or causes damages, losses, or harm to any buyer in any way, the buyer agrees that Marlin will not be held liable beyond any existing balance due at the time of the subject event and limited to the funds recoverable from insurance policies, provided that, at the time of the event, Marlin retained such insurance.

Limitation of Digital Warranties and Liabilities. All online and digital platforms that Marlin uses or offers, both in-house and third-party, including but not limited to, all functions, materials, content, experiences, and services, is provided "as is," "as available," and without warranty of any kind. Marlin is not liable for any aspect of online and digital platform service, including but not limited to data processing, uptime, uninterrupted access, accuracy, or data. Marlin makes no warranty or guarantee that any online and digital platform meets user expectations or requirements. Marlin assumes no liability for any potential risk that may relate to online and digital platforms, including but not limited to viruses, lost data, stolen data, damaged data, or any other personal property that may affected through the use of online and digital platforms. Marlin also assumes no responsibility for any error or issue that relates to our auctions on any online or digital platform, including but not limited to bidding errors, downtime during an auction, loss in winning any lot offered in sale, or confusion or misunderstanding of platform operations or content. If you are dissatisfied with any such digital platforms, you shall cease use of the platform and notify the platform owner.

If any part of these Terms and Conditions is for any reason invalid or unenforceable, the rest shall remain valid and enforceable.

Please contact Marlin with any questions at customersupport@marlinart.com.