Terms & Conditions/Conditions Of Sale

Printable Conditions of Sale

Access to and use of this World Wide Web site (the "Site") is provided subject to the terms, conditions and notices described below (the "Terms and Conditions"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY CLICKING ON THE "I ACCEPT" BUTTON AT THE END OF THESE TERMS AND CONDITIONS AND THE CONDITIONS OF SALE THAT FOLLOW, YOU AGREE TO ACCEPT ALL OF THE PROVISIONS SET FORTH IN THE TERMS AND CONDITIONS AND CONDITIONS OF SALE WITHOUT CHANGE.

Neal Auction Company ("Neal Auction") reserves the right, within its sole discretion, to change, modify, update, add, or delete portions of the Terms and Conditions and Conditions of Sale at any time, and your use of this Site will be conditioned upon the Terms and Conditions and Conditions of Sale in effect at the time of your use. You should check this page periodically for updates.

When submitting an Absentee Bid through this Site, you will be required to acknowledge your acceptance of the Terms and Conditions and Conditions of Sale in effect at the time of each bid by clicking on the "Submit Bid. I Accept the Terms and Conditions and Conditions of Sale" button at the end of the Absentee Bid form.

Notice of Intellectual Property Rights

Neal Auction is the exclusive owner (or authorized licensee) of all intellectual property rights, including copyright, and other rights, in the compilation of the textual and visual material contained on this Site, including but not limited to, the illustrations and images contained in the online catalogue. These rights are valid and protected in all forms, media and technologies existing now or hereafter developed, under United States and international law. In addition, Neal Auction, Neal Auction Company, Nealco and Louisiana Purchase Auction are the trademarks of Neal Auction.

You may not sell, license, copy, reproduce, transmit, create derivative works or otherwise use any material or content from this Site for public or commercial purposes, except as permitted by the Limited License to Use set forth below.
Limited License to Use

Neal Auction grants each user of this Site a limited license to make personal use of the Site for the sole purpose of viewing, bidding upon or purchasing items offered at auction and for no other purpose.

Disclaimer of Warranties

This Site is made available on an "as is" and "as available" basis. To the full extent permissible by applicable law, Neal Auction disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, security, accuracy, completeness or currentness. You agree that your use or reliance on this Site is at your sole risk and that you are solely responsible for any loss or damage arising. Neal Auction does not make any representations or warranties, express or implied, regarding the operation of this Site, its servers, or any material contained on or transmitted by this Site, including but not limited to any warranties that this service will be uninterrupted, continuously available, timely, secure, free from error, free of viruses or other harmful components.

Because some jurisdictions do not permit the exclusion of certain warranties, or the exclusion or limitation of certain damages, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights which vary from state to state.

For purposes of this provision, Neal Auction shall include Neal Auction, its directors, officers, employees, its divisions, subsidiaries, successors, parent companies, and their officers, directors, employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data and all other parties involved in creating and producing this Site.

Limitation of Liability

To the maximum extent permitted by law, Neal Auction will not be liable for any direct, indirect, punitive, incidental, special or consequential damages, whether foreseeable or not, arising from the use of, or the inability to use, this Site regardless of whether such alleged liability is based upon contract, tort, negligence, strict liability or any other basis. If you are dissatisfied with this Site or with any of the Terms and Conditions or Conditions of Sale, your sole and exclusive remedy is to discontinue using the Site. Because some jurisdictions do not permit the exclusion or limitation of certain kinds of damages, Neal Auction's liability in these jurisdictions shall be limited to the extent permissible under law.

Without limiting the foregoing, and to the maximum extent permitted by law, Neal Auction will not be liable for any direct, indirect, punitive, incidental, special or consequential damages, whether foreseeable or not, arising from Neal Auction's failure to execute or rejection of any Absentee Bid submitted online, or any error in connection with the execution or failure to execute such bid and shall not be subject to any injunctive relief in connection with any Absentee Bid.

For purposes of this provision, Neal Auction shall include Neal Auction, its directors, officers, employees, its divisions, subsidiaries, successors, parent companies, and their officers, directors, employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data and all other parties involved in creating and producing this Site.

Privacy Policy

Neal Auction is committed to protecting your privacy. Our Privacy Policy, which explains the way we collect, use and safeguard your personal information, is incorporated into and subject to these Terms and Conditions. You may click here to access our Privacy Policy.  By accepting the Terms and Conditions, you expressly consent to our use and disclosure of your personally identifiable information in accordance with the terms of our Privacy Policy.
Absentee Bids Submitted Online

Neal Auction, through this Site, offers its clients the convenience of submitting Absentee Bids online free of charge. Neal Auction's representatives will endeavor to execute Absentee Bids submitted online, but, as set forth in the foregoing Limitation of Liability provision, will not be liable for any damages, whether foreseeable or not, arising from Neal Auction's failure to execute or its rejection of any Absentee Bid submitted online, or any error in connection with the execution or failure to execute such bid and shall not be subject to any injunctive relief in connection with any Absentee Bid..

Absentee bids, whether submitted online or by other means, are governed by the Conditions of Sale printed in each auction catalogue and on this website and, in addition, by the Terms and Conditions set forth on this website. By submitting an Absentee Bid online, bidders agree to be bound by the Conditions of Sale and Terms and Conditions. Absentee bidders who submit Absentee Bids online expressly acknowledge that at the fall of the auctioneer's hammer, title to the offered lot will pass to the bidder acknowledged by the auctioneer, whether such bid is made in person or as an absentee bid executed by a representative of Neal Auction on behalf of an absentee bidder. The bidder, whether in person or absentee, thereupon assumes full risk and responsibility and will pay the full purchase price for the said lot, plus the buyer's premium, all applicable taxes and other expenses. Neal Auction reserves the right to require that all Absentee Bids, including those submitted online, be accompanied by a 25% deposit.

Eligibility to Submit Absentee Bids On-Line

Only those persons who can lawfully enter into and form contracts and participate in online auctions under applicable law are allowed to enter and submits bids on this Site. Without limiting the foregoing, minors and other individuals who are not permitted to enter into legally binding contracts or participate in online auctions under the laws of the states in which they reside are not allowed to enter and submit bids.

By registering with this Site and submitting a bid, you agree to this Site's Terms and Conditions and Conditions of Sale. Regardless of whether you register with the Site or submit a bid, however, you agree to the Terms and Conditions that apply to all users of this Site.


Termination And Refusal Of Absentee Bids Submitted On-Line

Neal Auction shall be entitled, without any liability, to refuse to accept any Absentee Bid submitted online or to terminate its acceptance of all Absentee Bids for any auction, or for any item offered at auction, for any reason and at any time. Neal Auction shall have the right to investigate the credit of any bidder submitting an Absentee Bid online or such bidder's use of a credit card or other arrangement for payment, and shall be entitled to reject any Absentee Bid submitted online, cancel any sale or require additional assurance of payment, if Neal Auction believes, in its sole discretion, that there appears to be grounds to do so.

Fraudulent Information and Compliance with Laws

This Site may be used only for lawful purposes and in a lawful manner. You warrant and agree at all times to comply with all applicable laws, statutes and regulations. You warrant and agree not to register under a false or fictious name, use another person's user id or password, or otherwise provide false information, including but not limited to providing false, invalid or unauthorized credit card information. Neal Auction may notify law enforcement agencies of any conduct it believes, in its sole discretion, constitutes fraudulent or unlawful conduct and will cooperate with law enforcement authorities to ensure that users engaging in such conduct will prosecuted to the fullest extent allowed under the law.

Termination of Site Usage

Neal Auction reserves the right, within its sole discretion, to cancel or terminate the right of any user to use this Site or any part of this Site, including the ability to submit Absentee Bids, at any time with or without notice. Without limiting the foregoing, Neal Auction shall have the right to immediately terminate any user's access to and use of this Site in the event that Neal Auction determines, in its sole discretion, that the user has engaged in conduct that Neal Auction deems inappropriate, unlawful or inconsistent with or in breach of these Terms and Conditions or its Conditions of Sale.

Entire Agreement and Severability

These Terms and Conditions of Use and Conditions of Sale constitute the entire agreement between Neal Auction and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, whether written or oral. Neither the course of conduct between the parties nor trade practice shall act to modify any provision under these Terms and Condition and Conditions of Sale.

Any failure by Neal Auction to enforce strict compliance with these Terms and Conditions and Conditions of Sale shall not be construed as a waiver of any of its rights hereunder; any waiver by Neal Auction of any breach of these Terms and Conditions and Conditions of Sale shall not be deemed to be a waiver of any preceding or subsequent breach.

If any provision of the Terms and Conditions and Conditions of Sale shall be held to be unlawful, void or for any reason unenforceable, then that provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, or failing any such interpretation that would render the provision valid, be deemed severable from this agreement and not affect the validity and enforceability of the remaining provisions of the Terms and Conditions and Conditions of Sale, which shall remain in full force and effect.

Governing Law

The Terms and Conditions and Conditions of Sale shall be governed by and construed in accordance with the laws of the State of Louisiana without giving effect to any principles or conflicts of law. You hereby consent and submit to the exclusive personal jurisdiction of the state and federal courts located in the parish of Orleans, Louisiana, in connection with all claims and controversies arising from your use of this Site or under this Agreement.

Conditions Of Sale

Placing a bid at auction constitutes buyer’s acceptance of and agreement to these Conditions of Sale.

1. WAIVER OF WARRANTY: All lots are sold “AS IS”. No statement regarding condition, kind, value, or quality of a lot, whether made orally at the auction or at any other time, or in writing in this catalogue or elsewhere, shall be construed to be an express or implied warranty, representation, or assumption of liability. Any such warranty is WAIVED. Regarding works of art, Neal Auction Company does not make any express or implied warranty as to authorship. No statement in the catalogue or elsewhere, orally or in writing, shall be construed as an express or implied warranty, representation or limitation of liability as to authorship. Any such warranty is WAIVED.

Buyer agrees and acknowledges that: (a) buyer is not relying on Neal Auction Company’s skill or judgment in selecting to purchase any lot; (b) no oral or written statements in the catalogue of Neal Auction Company or elsewhere regarding condition, attribution, kind, quality, value or authorship are the cause of or reason behind buyer’s purchase of any lot; (c) buyer would have incurred the purchase of any lot regardless of any oral or written statements about condition, attribution, kind, quality, value, or authorship made in the catalogue or elsewhere; (d) Neal Auction Company did not know and could not have known that condition, attribution, kind, quality, expressed value, or authorship is the cause or reason why buyer decides to purchase any lot; (e) buyer’s purchase of any lot is not intended to gratify a nonpecuniary interest; and (f) Neal Auction Company did not know, nor should it have known, that any oral or written statement about a lot in the catalogue or elsewhere would cause a nonpecuniary loss to buyer.

Notwithstanding the foregoing WAIVER OF WARRANTY, agreements and acknowledgements, Neal Auction Company may in its sole discretion, but shall not be obligated to, consider any reasonable request for rescission of a sale on the basis of authenticity of authorship of a work of art under the following terms and conditions only, all of which must be met:

A. Neal Auction Company shall not grant rescission regarding lots identified by Neal Auction Company by the terms “attributed to,” “school of,” “manner of,” “after,” or “signature of.”

B. Neal Auction Company shall not grant rescission regarding any lot unless the buyer notifies Neal Auction Company in writing within 25 calendar days from the date of the auction, and returns the lot to Neal Auction Company in the same condition that the lot was in at the time of sale.

C. Neal Auction Company shall not grant rescission regarding any lot unless the buyer presents to Neal Auction Company a written document signed by a recognized art expert acceptable to Neal Auction Company that the lot in question is a forgery.

D. Neal Auction Company shall not grant rescission to any person (including but not limited to the original buyer’s heirs, legatees, assigns, transferees, or subsequent purchasers) other than the original buyer, and any rights of the original buyer are not transferrable or assignable.

E. Neal Auction Company shall not grant rescission when: (i) there is a conflict of expert opinion as to the authorship; (ii) expert opinion supported authorship at the time of sale, although expert opinion may have changed after the date of sale; and (iii) scientific processes that were unavailable, expensive or impractical at the time of sale have revealed since the time of sale that the author or period Neal Auction Company believed to be accurate at the time of sale was inaccurate.

F. In any dispute between Neal Auction Company and buyer regarding authorship of a work of art, it is stipulated that rescission of the sale and refund of the price paid shall be the buyer’s sole recourse or remedy, if any is available, and Neal Auction Company shall not be responsible or obligated for any damages (including compensatory, general, incidental, exemplary or special damages), non-pecuniary losses, costs, expenses, injury, mental anguish, lost profits, attorney’s fees, or any other monetary or injunctive relief.

2. The auctioneer shall have absolute discretion in determining the successful bidder. At the fall of the auctioneer’s hammer, title to the offered lot will pass to the bidder acknowledged by the auctioneer. The bidder thereupon assumes full risk and responsibility and will pay full purchase price for the said lot.

3. The auctioneer may decide that any original bid is not commensurate with the value of the article offered, or that any advance thereafter is not of sufficient amount, he may reject the same.

4. The auctioneer reserves the right to withdraw any item at any time before the sale of the item.

5. No merchandise will be released before the end of the auction.

6. If the buyer fails to comply with any of the Conditions of Sale, Neal Auction Company reserves the right to hold such defaulting buyer liable for the purchase price; to cancel the sale, retaining as liquidated damages any payment made by the buyer; resell the property without reserve at public auction or privately on seven days’ notice to the buyer or, take such other actions available by law as deemed necessary or appropriate. If Neal Auction Company resells the property, the original defaulting buyer shall be liable for the payment of any deficiency in the purchase price and all costs and expenses, including warehousing, the expenses of both sales, reasonable attorneys’ fees, commissions, incidental damages and all other charges due hereunder.

Glossary Of Terms

Please note that all of the terms and descriptions used in this catalogue are intended as qualified opinions only and are subject to the Terms & Conditions/Conditions Of Sale.  Neal Auction Company assumes no express or implied warranty with respect to these terms and descriptions, and they shall not be construed to be a warranty, representation or assumption of liability. Subject to the foregoing, with respect to authorship of works of art, the following terms shall have the following meanings:

George Inness
In our qualified opinion, we believe the work is by the artist named. 

Attributed to George Inness
In our qualified opinion, we believe the work may be ascribed to the artist named on the basis of style and period, but our opinion is less certain than in the previous category.

Signed “George Inness”
In our qualified opinion, the signature, monogram or other indication of authorship is a signature of the artist.

School of George Inness
In our qualified opinion, the work is of the period of the artist named, by a student or a follower of the artist, but not by the artist.

Manner of George Inness
In our qualified opinion, although the work is in the style of the artist named, it is actually of a later period.

After George Inness
In our qualified opinion, the work is a copy of a known work of the artist named.  Bears signature “George Inness” - In our qualified opinion, although the work bears the signature or monogram of the artist, the work most likely is not that of the artist.

 
Absentee / Telephone Bids

1. All absentee bids and/or telephone bids must be in our gallery by 5 P.M. CST the Thursday prior to the auction.

2. All arrangements for bidding should be made as early as possible. Telephone bidding will be taken at the discretion of the Neal Auction Company. Each item must have a minimum low estimate of $500.

3. We assume no responsibility for failure to execute bids for any reason whatsoever.

4. We reserve the right to require that advance bids be accompanied by a 25% deposit.

Payment

1. The successful bidder agrees to pay a buyer’s premium in the amount of 25% of the hammer price on each lot up to and including $200,000, plus 10% of the hammer price greater than $200,000. For payments made by cash, check or wire transfer within 15 days of the auction, the buyer’s premium shall be discounted 3% of this 25%.

2. Online bidding is available at a buyer’s premium in the amount of 28% of the hammer price. A cash discount is not available for purchases made online.

3. Unless exempt by law, the buyer will be required to pay Louisiana and local taxes, and, if applicable, any federal luxury or other tax, on the total purchase price.

4. Documentation of tax exemption must be provided upon registration.

5. Payment in full must be made by the successful bidder within 15 days of the auction date. Interest charges will apply to invoices paid after this period expires. We reserve the right to require payment in full of the sales price at the moment of the successful bid.

6. VISA, MasterCard, Discover and American Express are accepted for invoices up to $25,000 per customer.

Terms

Any customer not accredited by Neal Auction Company must present a letter of reference from their bank or other suitable source acceptable to Neal Auction Company. Neal Auction Company requires that the merchandise be held on premises until the check clears or money can be wired into the Neal Auction Company account.

Shipping

We will assist buyers in making shipping arrangements by furnishing information on packers and shippers. Handling of purchased items by us is at the risk of the buyer. Final shipping arrangements and agreements are strictly between the buyer and the shipper.

Storage

Unless other arrangements are made and confirmed in writing, all items must be removed within 15 days of the auction. On the first business day following that time period, items remaining in the gallery will be turned over to a storage facility. The buyer will be responsible for handling and storage costs. Handling costs will be a minimum of $50. Storage rates will carry a minimum charge of $50 per month per item. All items handled or stored will be at the buyer’s risk. Storage charges are accrued monthly and must be paid in full before items are released. We are not liable for any damage to items after the sale.

MANDATORY AND EXCLUSIVE FORUM SELECTION; AND CHOICE OF LAW

Any action of any nature brought by either party against the other in any court, whether federal or state, shall be brought exclusively in Orleans Parish, Louisiana. Each party agrees to submit to jurisdiction and venue in federal or state court in Orleans Parish, Louisiana, waives all questions of such jurisdiction or venue, and waives any rights to jurisdiction or venue in any other forum. Any dispute between the parties shall be governed by the law of the State of Louisiana, notwithstanding any conflicts of law principles.

Last revised:  8/20/2015

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LA Auc. Lic:
 Neal Auction Co. #AB-107
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MS Auc. Lic:
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