173: Rare and finely carved ivory okimono, Tokyo school

Conditions of Sale

1. All Sales are Final.

2. All merchandise must be paid for immediately after each auction. There will be no release of any merchandise until full and final payment has been made.

3. ALL PAYMENTS ARE DUE THE DATE OF SALE and can be made in form of cash or checks. Checks will be considered cash provided the buyer has received accreditation from Charlton Hall Galleries, Inc., prior to the auction. All checks will be held for 10 banking day!

4. The highest bidder shall be the buyer. If any dispute arises the auctioneer shall have absolute discretion to settle it and to put any disputed lot up again. Charlton Hall Galleries, Inc., has full discretion to refuse any bidding, to divide any lot, to combine any two or more lots and to withdraw any lot or lots from the sale without giving reasons.

5. All lots are sold as shown and "AS IS," with all faults, imperfections, and errors of description. Neither Charlton Hall Galleries, Inc., its employees and/or agents are responsible for errors of description or genuineness or authenticity of any lot, or for fault or defect in any lot. No warranties nor representations whatsoever are given by Charlton Hall Galleries, Inc., its employees and/or agents, to any buyer in respect to any lot.
6. We reserve the right to withdraw any property before sale.

7. The seller may be entitled to place a reserve on any lot, which is a minimum price below which such lot will not be sold. Charlton Hall Galleries, Inc., may implement such reserves by bidding on behalf of the Seller.

8. In the event that a buyer fails to comply with any of the above conditions or fails to pay for or take away any lot in accordance with conditions #2 and #3, Charlton Hall Galleries, Inc., in addition to other remedies available to us and the Seller by law, including without limitation, the right to hold the buyer liable for the total purchase price, plus reasonable attorney?s fees connected therein, may, at our option, either (a) cancel the sale, retaining as liquidated damages all payments made by the buyer, or (b) resell the property at public auction without reserve, and the initial defaulting buyer will be liable for any deficiency, costs including handling charges, expenses for both sales, our commission for both sales at our regular rates, and any and all incidental damages.

9. We reserve the right, at our discretion, to execute order bids or accept telephone bids as a convenience to clients who are not present at auctions. Such bids must be accompanied by a 25% deposit to be refunded if the bid is unsuccessful. Charlton Hall Galleries, Inc., is not responsible for any errors or omissions in connection with such absentee bids. Charlton Hall Galleries, Inc., does not guarantee the bid and assumes no responsibility for notifying an absentee bidder of the result of the auction.

10. Charlton Hall Galleries, Inc., reserves the right to allow its employees to bid competitively at all auctions.

11. Notwithstanding any terms of the Conditions of Sale, if within 5 working days of the sale, (1) Charlton Hall Galleries, Inc., has received notice in writing from buyer of any jewelry that the jewelry has been misdescribed as to the physical qualities of the jewelry and (2) such misdescription is confirmed by a certified letter from an appraiser satisfactory to Charlton Hall Galleries, Inc., then Charlton Hall Galleries, Inc., will set aside the sale and refund to the buyer the amount paid by the buyer for the lot. "Physical qualities of the jewelry" is limited to descriptions of karat (the quality of gold), weight of metal, type of stone or metal, carat (weight of stone), and cut of stone. The above provisions allowing return and refund will not be applicable upon evidence of any physical removal or tampering.

12. Your bid does not include South Carolina sales tax.

13. A premium of 15% of the successful bid price will be added thereto and is payable by the purchaser as part of the total purchase price of each lot.

14. These Conditions of Sale shall bind the successors and assigns of all bidders and purchasers and inure to the benefit of our successors and assigns. No waiver, amendment, nor modification of the terms hereof (other than posted notices or oral announcements during the sale) shall bind us unless specifically stated in writing and signed by us. If any part of these Conditions of Sale is for any reason invalid or unenforceable, the rest shall remain valid and enforceable.

15. These Conditions of Sale and the purchaser?s and our respective rights and obligations hereunder are governed by the laws of the State of South Carolina. By bidding at an auction, each purchaser and bidder agrees to be bound by these Conditions of Sale. Any dispute, controversy, or claim arising out of or relating to this agreement, or the breach, termination or validity thereof, brought by or against Charlton Hall Galleries, Inc., (but not including claims brought against the consignor by the purchaser of lots consigned hereunder) shall be resolved by the Columbia, South Carolina legal system.

16. In addition to the other remedies available to us by law, we reserve the right to impose a late charge of 2% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein.

17. All property must be removed from our premises by the purchaser at their expense not later than 5 business days following its sale and, if it is not removed, Charlton Hall Galleries, Inc., reserves the right to charge a minimum storage fee of $5 per lot per day or to deliver said property to a public warehouse for storage at the purchaser's expense. Charlton Hall Galleries, Inc., shall have no liability for any damage to property left on its premises for more than 5 days following the sale.

18. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the consignor(s) by law, including without limitation the right to hold the purchaser liable for the total purchase price, with the purchaser to be responsible for all costs of collection (including attorneys' fees and disbursements), we, at our option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property at public auction without reserve, and the purchaser will be liable for any deficiency, cost including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder, and incidental damages. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession owned by such purchaser. We shall have all of the rights accorded a secured party under the South Carolina Uniform Commercial Code with respect to such property and we may apply against such obligations all monies held or received by us for the account of, or due from us, to such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier's checks, we have confirmed their authenticity.

Condition Reports
Charlton Hall Galleries, Inc., and its employees are pleased to provide you with the condition of lots offered for auction. Since we are not professional conservators or restorers, we urge you to inspect each lot yourself or have your agent do so on your behalf. Prospective buyers should satisfy themselves as to condition and must understand that any statement made by Charlton Hall Galleries, Inc., or its employees is merely a subjective qualified opinion, NOTWITHSTANDING WRITTEN REPORTS OR ANY DISCUSSION CONCERNING CONDITION IN THIS CATALOGUE.