CONDITIONS OF SALE: Museum Palm Springs Art Museum Art Auction, ’21 | Hosted by Sotheby’s

The following Conditions of Sale are Sotheby’s, Inc. ("Sotheby's") and the Palm Springs Art Museum’s (hereinafter, the "Museum") entire agreement with the purchaser and any bidders relative to the property listed in this online auction. All property is offered to benefit the Museum. In some cases, which are identified on the relevant lot pages, property is offered to benefit both the Museum and the artist who created it.

The Conditions of Sale, the glossary, if any, and all other contents of this online auction, "Palm Springs Art Museum Art Auction, ’21" are subject to amendment by Sotheby's or the Museum by the posting of notices or by oral announcements made during the sale. The property will be offered by the Museum as principal, unless the online auction indicates otherwise.

By participating in any sale, you acknowledge that you are bound by these Conditions of Sale.

1. As Is. Goods auctioned are often of some age. All property is sold “AS IS” without any representations or warranties by us or the Museum as to merchantability, fitness for a particular purpose, the correctness of the items listed in the online auction or other images or descriptions of the physical condition, size, quality, rarity, importance, medium, frame, provenance, exhibitions, literature or historical relevance of any property and no statement anywhere, whether oral or written, whether made in the online auction, an advertisement, a bill of sale, a salesroom posting or announcement, or elsewhere, shall be deemed such a warranty, representation or assumption of liability. We and the Museum make no representations and warranties, express or implied, as to whether the purchaser acquires any copyrights, including but not limited to, any reproduction rights in any property. We and the Museum are not responsible for errors and omissions in the catalogue, glossary, or any supplemental material. Sotheby’s and the Museum will not be responsible or liable for damage to frames and glass coverings, regardless of the cause.

In some cases, a lot may be, or may be accompanied by, an experience (an “Experience”). With regard to Experiences, Sotheby's and the Museum do not plan, host, operate, or fulfil the Experiences, nor do we endorse, verify, vouch for, investigate or vet any Experience. For each Experience, any incidental costs and expenses such as fees for travel, food or lodging are the sole responsibility of the buyer unless otherwise expressly stated in the Experience description. With respect to Experiences, neither Sotheby’s nor the Museum will be liable for any negligent act or omission of any person or entity providing any goods or services arising out of or in connection with the fulfillment of an Experience or the buyer’s participation in the Experience, or for any claims, causes of action, liabilities, damages, losses, or expenses (including but not limited to reasonable attorneys’ fees) arising out of or in connection with the buyer’s interaction with the provider of the Experience or any third party in connection with an Experience.

2. Inspection. Prospective bidders should make themselves aware of the property on which they wish to bid, which may include information about its condition, size, and whether or not the property has been repaired or restored. Please contact the Museum regarding inspection or for additional information. Any images and condition reports are provided to assist you with assessing the condition of the property and are for guidance only.

3. Withdrawal. Sotheby’s and the Museum reserve the right to withdraw any property before, during and after the sale and shall have no liability whatsoever for such withdrawal.

4. Per Lot. All bids are per lot as numbered in the online auction.

5. Bidding. When you click on ‘Place a Bid’ on a lot, you will be prompted to either log in to your Sotheby’s account, or to create a Sotheby's account if you do not already have one. Once you have either created an account or logged into your account, you will be presented with the Conditions of Sale for the auction in which that lot is offered. Once you have accepted the Conditions of Sale, you may proceed with placing a bid on that lot or any other lot in that auction. All bids placed in that auction are governed by the Conditions of Sale for that auction.

You may bid at or above the starting bid displayed on the online platform. You may also input a maximum bid which, upon confirmation, will be executed automatically up to this predefined maximum value in response to other bids, including bids placed by Museum on behalf of the seller, up to the amount of the reserve (if applicable). Bids placed by Museum on behalf of the seller, up to the amount of the reserve, will be counted toward the total bid count displayed on the online platform. The current leading bid will be visible to all bidders; the value and status of your maximum bid will be visible only to you, unless it is the leading bid. If the status of your bid changes, you will receive notifications via email and push (if you have the Sotheby’s App installed).

As soon as you place and confirm your bid amount, your bid is submitted. You accept and agree that bids submitted by you are final. Sotheby's, Museum and the Consignor are not responsible for any errors in bidding. Sotheby’s and the Museum reserve the right to reject any bid. The highest bidder acknowledged by the Sotheby's online bidding system will be the purchaser. The Museum has absolute and sole discretion in the case of error or dispute with respect to bidding, and whether during or after the sale, to determine the successful bidder, to re-open the bidding, to cancel the sale or to re-offer and re-sell the item in dispute. If any dispute arises after the sale, the sale record is conclusive.

By participating in the sale, you represent and warrant that any bids placed by you, or on your behalf, are not the product of any collusive or other anti-competitive agreement and are otherwise consistent with federal and state antitrust law.

By participating in the sale, you represent and warrant that:

(a) The bidder and/or purchaser is not subject to trade sanctions, embargoes or any other restriction on trade in the jurisdiction in which it does business as well as under the laws of the European Union, the laws of England and Wales, or the laws and regulations of the United States, and is not owned (nor partly owned) or controlled by such sanctioned person(s) (collectively, “Sanctioned Person(s)”);

(b) Where acting as agent (with Sotheby’s prior written consent), the principal is not a Sanctioned Person(s) nor owned (or partly owned) or controlled by Sanctioned Person(s); and

(c) The bidder and/or purchaser undertakes that none of the purchase price will be funded by any Sanctioned Person(s), nor will any party be involved in the transaction including financial institutions, freight forwarders or other forwarding agents or any other party be a Sanctioned Person(s) nor owned (or partly owned) or controlled by a Sanctioned Person(s), unless such activity is authorized in writing by the government authority having jurisdiction over the transaction or in applicable law or regulation.

Sotheby's may screen potential bidders to confirm such bidder's participation in the auction and may revoke such bidder's permission to participate before, during or after the sale. Bidders should also consult the Sotheby's Website for the most up to date cataloguing of the property in this online auction. Bidders are responsible for making themselves aware of all available notices, which will be posted online.

6. Closing Bidding. Bids may be submitted from the start of the auction until bidding on the specific lot closes. An end time will be displayed for each lot on the lot detail page. Lots will close in one minute increments unless a bid is placed within one (1) minute of a lot's scheduled end time, in which case we will extend the sale of that lot by two (2) minutes from the time of the last bid. The extension of any one lot's closing time does not affect any other lot's closing time; therefore, it is possible that lots will close out of numerical lot order. Upon the closing of each lot, you will receive another email and push notification indicating whether you have won or lost each lot on which you have placed a bid.

7. Cancelling Bids. A bidder may cancel a bid placed in an online-only sale only if either (a) the description of the lot or the condition report for the lot listed in the catalogue has been materially revised after the bid was placed or (b) a notice regarding the lot has been posted on Sotheby’s website after the bid was placed. For further information, please contact the Sotheby’s Bids Department in New York at bids.newyork@sothebys.com.

8. Record of Sale. The record of sale kept by Sotheby's on behalf of the Museum will be taken as absolute and final in all disputes. In the event of a discrepancy between any online records or messages provided to you and the record of sale kept by Sotheby's on behalf of the Museum, the record of sale will govern.

Successful bidders will be notified and invoiced by Museum after the sale. In the event of any discrepancy between any online purchase information and the invoice sent to you by Museum following the sale, the invoice prevails. 

9. Purchaser’s Responsibility. At the close of a lot, the contract between the Museum and the purchaser is concluded, and the winning bidder thereupon will immediately pay the full purchase price or such part as Museum may require. Title in a purchased lot will not pass until the Museum has received the full purchase price in cleared funds. The purchaser’s obligation to immediately pay the full purchase price or such part as the Museum may require is absolute and unconditional and is not subject to any defenses, setoffs or counterclaims of any kind whatsoever. The Museum is not obligated to release a lot to the purchaser until title to the lot has passed and any earlier release does not affect the passing of title or the purchaser’s unconditional obligation to pay the full purchase price. Please note the Museum reserves the right to refuse to accept payment from a source other than the buyer of record. Unless otherwise agreed by the Museum, all property must be removed from our vendor’s premises as set forth below.  Purchasers are reminded that the Museum’s liability for loss of or damage to sold property shall cease upon the earlier of (a) the 31st day after the close of the auction and (b) the Museum’s or its vendors’ release of the property to the purchaser or the purchaser’s designated agent. Once risk passes to the purchaser: (i) the purchaser bears full liability for any and all loss of or damage to the property; (ii) the purchaser releases the Museum, its affiliates, agents and warehouses from any and all liability and claims for loss of or damage to the property; and (iii) the purchaser agrees to indemnify and hold Museum, its affiliates, agents and warehouses harmless from and against any and all liability for loss of or damage to property and any all claims related to loss of or damage to the property as of and from and after the time Museum’s liability for loss or damage to the property ceases in accordance with this paragraph.

If any applicable conditions herein are not complied with by the purchaser, the purchaser will be in default and in addition to any and all other remedies available to the Museum by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, the Museum, at its option, may cancel the sale. Payment will not be deemed to have been made in full until the Museum has collected good funds. Any claims relating to any purchase, including any claims under the Conditions of Sale, must be presented directly to the Museum.

* Collecting your property. 

Artwork Pickup/Delivery Instructions

Purchased artwork will be shipped from the artist donating the artwork (or his / her gallery) to the buyer at the buyer’s expense. Palm Springs Art Museum will provide an estimate and can arrange shipping; or buyer can arrange shipping independently. Buyer is responsible for insurance during transit. Unpacking and installation can be arranged additionally. COVID protocols will be in place.

10. Reserve. All lots in this online auction are offered subject to a reserve, which is the confidential minimum hammer price at which a lot will be sold. No reserve will exceed the low presale estimate stated in the online auction, or as amended by oral or posted notices. Sotheby's may implement such reserve by opening the bidding on behalf of the Museum.

11. Tax. As a duly registered non-profit in the State of California the Museum is exempt from collecting sales tax on purchases made in the online auction. It is the responsibility of the purchaser to comply with all tax laws, including sales tax obligations, the purchaser is subject to in other jurisdictions. By purchasing an item in the online auction, the purchaser agrees to indemnify both Sotheby's and the Museum from any and all tax due, including sales tax, on the purchase in all other applicable jurisdictions. 

12. Export and Permits. It is the purchaser’s sole responsibility to identify and obtain any necessary export, import, firearm, endangered species or other permit for the lot. Any symbols or notices in the auction reflect Sotheby’s and Museum’s reasonable opinion at the time of cataloguing and are for bidders’ general guidance only; Sotheby’s and the Museum make no representations or warranties as to whether any lot is or is not subject to export or import restrictions or any embargoes.

13. Governing Law and Jurisdiction. These Conditions of Sale, as well as bidders’, the purchaser’s, Sotheby's and the Museum's respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of New York. By bidding at an auction, all bidders including the purchaser, shall be deemed to have consented to the exclusive jurisdiction of the state courts of, and the federal courts sitting in, the State of New York. All parties agree, however, that Sotheby’s and the Museum shall retain the right to bring proceedings in a court other than the state and federal courts sitting in the State of New York.

14. Packing and Shipping. Neither the Museum nor its vendors are responsible for the acts or omissions in the Museum or its vendors’ packing or shipping of purchased lots or of other carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots is at the entire risk of the purchaser.

15. Limitation of Liability. In no event will the aggregate liability of Sotheby’s or the Museum to a purchaser exceed the purchase price actually paid. Sotheby's will not be responsible for any errors or failures to execute bids placed online or for any errors or omissions in connection therewith including, without limitation, errors or failures caused by (i) a loss of connection to the internet or the Sotheby's online platform software by either Sotheby's or the client; (ii) a breakdown or problem with Sotheby's online platform software; or (iii) a breakdown or problem with a client's Internet connection, mobile network or computer.  

16. Data Protection. Sotheby’s will hold and process your personal information and may share it with another Sotheby’s Group company for use as described in, and in line with, our Privacy Policy published on our website at https://www.sothebys.com/en/privacy-policy or available on request by email to enquiries@sothebys.com. Under European data protection laws, a client may object, by request and free of charge, to the processing of their information for certain purposes, including direct marketing, and may access and rectify personal data relating to them and may obtain more information about Sotheby’s data protection policies by writing to Sotheby’s, 34-35 New Bond Street, London W1A 2AA, or 1334 York Avenue, New York, NY 10021, Attn: Compliance, or emailing enquiries@sothebys.com. Online bids may be recorded.

17. Cancellation Right. 

The Consumer Rights Directive (Directive 2011/83/EU) and related regulations implemented by the European Union (“EU”) member states and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (as amended) (the “Regulations”) give bidders who are consumers and are habitually resident within an EU member state or the United Kingdom (an “EU/UK Bidder”) who purchase goods and services online or otherwise “at a distance” certain cancellation rights under the Regulations. 

Under the Regulations, an EU/UK Bidder who purchases property during the sale from a seller that is a trader has the right to cancel the contract (provided that such contract is a distance contract or an off-premises contract for the purposes of the Regulations) for any reason and without incurring liability within a period of fourteen days after the day on which the property comes into the physical possession of either the EU/UK Bidder or a person identified by the EU/UK Bidder to take possession of the property (but not the carrier of the property) (the “Goods Cancellation Period”). 

Under the Regulations, in connection with the purchase of property from a seller that is not a trader, an EU/UK Bidder who purchases shipping services from the Museum (the “Shipping Services”) has the right to cancel the Shipping Services for any reason within a period of fourteen days after the date on which the contract to provide the Shipping Services is concluded (the “Services Cancellation Period”) unless where at the EU/UK Bidder’s express request it has been agreed that the Shipping Services will begin during the Services Cancellation Period. In the case that the Shipping Services have begun prior to the expiry of the Services Cancellation Period, the EU/UK Bidder will have the right to cancel the Shipping Services during the Services Cancellation Period until the Shipping Services have been fully performed after which point the cancellation right will no longer apply. If the EU/UK Bidder lawfully cancels the contract for Shipping Services, the Museum will reimburse the EU/UK Bidder all payments received from the EU/UK Bidder in relation to the Shipping Services provided always that if the EU/UK Bidder requested the Museum to begin the performance of the Shipping Services during the Services Cancellation Period, the EU/UK Bidder will remain liable for the Museum's reasonable costs.

To exercise the right to cancel, the EU/UK Bidder must inform the Museum of its decision to cancel the contract for the purchase of property and/or for the provision of Shipping Services (as applicable) by a clear statement (e.g. a letter sent by post, fax or email). In order to meet the applicable cancellation deadline, the EU/UK Bidder is required to send his/her communication concerning the exercise of the cancellation right (i) in relation to a purchase of property before the Goods Cancellation Period has expired and (ii) in relation to the provision of Shipping Services before the Services Cancellation Period has expired. In connection with any cancellation, the Museum may require that you furnish us, upon our request, with any additional information necessary for the Museum to assess whether in our reasonable opinion you would be deemed a trader under the Regulations. 

If you cancel the contract for the purchase of property within the applicable Goods Cancellation Period, the Museum will reimburse you all payments received from you, including the costs of delivery but not any extra costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by the Museum; or any import duties the Museum incurs as a result of you returning the property to the Museum. The Museum is entitled to deduct from the reimbursement the amount of any loss in value of property which is caused as a result of unnecessary handling by you. The Museum will make the reimbursement without undue delay, and not later than (i) 14 calendar days after the date on which the Museum receives back from you any property supplied; or (ii) (if earlier) 14 calendar days after the date on which you provide evidence that you have returned the property. The Museum will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. The Museum may withhold reimbursement until the Museum has received the property back or you have supplied evidence of having sent back the property, whichever is earliest. You must send back the property or return them to us at such address as the Museum may specify for the purpose, without undue delay and in any event not later than 14 calendar days from the date after the date on which you communicate your cancellation to the Museum. The deadline is met if you send back the property before the period of 14 calendar days has expired. You will have to bear the costs of returning the property. If the Museum arranged for the property to be delivered, we estimate that the cost of returning the property by the same means is likely to be similar to the cost of delivery. You are only liable for any diminished value of the property resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the lot. If you cancel the contract for the supply of Shipping Services within the applicable Services Cancellation Period, the Museum will reimburse to you any payments received from you in respect of the service. However, if you have requested the Museum to begin the performance of services during the Services Cancellation Period, you shall pay the Museum an amount which is in proportion to what has been performed until you have communicated to the Museum your cancellation from this contract, in comparison with the full coverage of the contract.