The property offered in this benefit will be offered and sold by the Whitney Museum of American Art (WMAA). Any questions should be directed to the special events department of the WMAA.
1. In order to participate in online auction bidding, you must have a) purchased a ticket to attend the Art Party on Tuesday, June 17, 2008, or b) made a non-refundable $25 contribution to the WMAA. Online bids and “Buy Now” purchases will be accepted only until 24 hours prior to the Art Party, where in-person bids (“Buy Now” option expires 24 hours prior to the event) will be accepted on the night of the event to those in attendance. Those not in attendance (including those who made the $25 non-refundable contribution to the WMAA) will not be able to exercise any bids or “Buy Now” purchases after 9:00pm on Monday, June 16, 2008. Please note that all works, whether bid on or purchased in advance via “Buy Now” will be on site at the event and marked accordingly.
2. Any bids placed are final and cannot be withdrawn. All bids must be in at least the amount of the listed bidding increment. Bidders may bid in more than the listed bidding increment, however, please note that all bids will be accepted immediately in the full amount of the bid.
3. All property is sold “as is” and the WMAA makes no representations or warranties of any kind or nature, expressed or implied, with respect to the property, and in no event shall the WMAA be responsible for the accuracy of any catalogue notices or descriptions of property, nor be deemed to have made, any representations or warranty of physical condition, size, quality, rarity, importance, provenance or historical relevance of this property. No statement in any catalogue, notice or description or made at the sale, in any bill of sale, invoice or elsewhere, shall be deemed such a representation or warranty or any assumption of liability.
4. Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored. Prospective bidders acknowledge they have had the opportunity to inspect the property or have chosen not to.
5. WMAA does not transfer any copyright or any other reproduction rights in the property.
6. Items in the Silent Auction may be bid upon by filling out the available Bid Sheet. The amount of the bid must be equal to or exceed the required increment as shown on the Bid Sheet and must be in round dollar amounts. Successful bidders will be notified either at the end of auction or by phone. Successful bidders will be expected to pay for their purchases at the end of the auction. All items will be returned to the WMAA after the event and it is the responsibility of the lot winner to arrange for pick-up or delivery from the WMAA within seven days of the event. After seven days any remaining items will be shipped to the purchaser at their own expense. In the event the WMAA is unable to ship the property to the purchaser, WMAA reserves the right to return the property to the donor 3 months after the close of the auction, and retain any payment/donation received from the purchaser.
7. WMAA reserves the right to reject a bid from any bidder. In the event of any dispute between bidders, WMAA shall have sole and 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, the WMAA’s sale records shall be conclusive in all respects.
8. All lots are offered with set reserves. It is understood that employees, officers and trustees of the WMAA may bid on any property being offered for sale.
9. At the close of the auction the highest bidder shall be deemed to have purchased the offered lot subject to all of the conditions set forth herein and at that time assumes all risk and responsibility for the property. The high bidder further agrees to pay the full purchase price for the lot.
10. Any checks should be payable to the Whitney Museum of American Art. You hereby authorize the WMAA to charge your credit card if you are the high bidder on any item, and if you do not make alterative payment arrangements by June 17, 2008 at 1:00 a.m.
11. The name and contact information for the high bidder of each work as well as the auction selling price will be released to the donor (artist or gallery) after the event.
12. You agree and acknowledge that any work acquired at this benefit is a work that has been donated for the purposes of the benefit and that you will not make any representation to any third party that the property was obtained from the permanent collection of the WMAA.
13. If you decide to sell a work of art purchased at the WMAA’s benefit, the WMAA urges that you offer to sell the piece back to the artist or the gallery that represents him/her (if any), as opposed to offering the property elsewhere. Buying artwork at the benefit and reselling it can be potentially damaging to an artist’s career, and violates the generous spirit in which the donation was made.
14. Please note that there are additional terms and conditions and resale clauses for two auction works [John Baldessari, Noses & Ears, Etc.: Person with Ammunition Belt; Person with Hangman’s Noose, and Matthew Brannon, Unfinished Business] that must be signed by the lot winner before the works are released by the WMAA. By signing this agreement, you agree to these additional terms and conditions and resale clauses.
