Warranty of Artwork and Information Regarding Artwork

1. All artwork to be auctioned at any live auction conducted by Baterbys, may be viewed and examined prior to a live auction by interested Buyers at a time and place to be determined by Baterbys.
2. Any representation or statement by a representative of Baterbys, the auctioneer, or their agents or successors, oral or written , or in any catalogue, brochure, advertisement, or on any Internet site, regarding forthcoming sales as to authorship, attribution, genuineness, origin, date, age, provenance, condition or estimated selling price is a statement of opinion only. Interested Buyers are advised to exercise caution and rely on their own research and judgment as to such matters. Baterbys, the auctioneer, and their agents or successors are not responsible for the accuracy of such opinions. Except as stated in Paragraph 6, there are no warranties provided by Baterbys, the auctioneer, their agents or successors, and all such expressed or implied warranties are hereby void.
3. All information contained in any catalogue, brochure, advertisement, or on any Internet site regarding forthcoming sales as to authorship, attribution, genuineness, origin, date, age, provenance, condition, or estimated selling price is based on knowledge published until the date of the auction. Baterbys reserves the right to correct such information on the artwork to be auctioned. Said correction is made by written notice at the location of a live auction and orally by the auctioneer at a live auction immediately before the specific artwork is auctioned; or said correction is made by written notice posted prior to the auctioning of the specific artwork on the Internet site where such artwork is to be auctioned by an Internet auction. Said corrected information will replace the information in all other mediums.
4. Except as stated in Paragraph 6, Buyer agrees to buy artwork under these Terms and Conditions regardless of information in and catalogue, brochure, advertisement, or on any Internet site regarding authorship, attribution, genuineness, origin, date, age, provenance, condition, or estimated selling price as part of the condition of sale.
5. Except as stated in Paragraph 6 all artwork is sold “as is” without any representation of warranty of any kind by Baterbys or the seller.
6. Baterbys offers a lifetime warranty on artwork owned by Baterbys or its affiliates, agents, or successors that is offered at auction ONLY as to the artwork’s artist, title, medium, and signature. Buyer must present the opinions of two (2) reputable, certified appraisers recognized and accepted by Baterbys and the art industry that Baterbys’ description as to artwork’s artist, title, medium or signature is in error. Baterbys’ warranty is limited to the purchase price paid by the Buyer. Baterbys does not warrant the year, edition, condition, or any other description of such artwork.
7. Buyer agrees, to the fullest extent permitted by law, to indemnify and hold harmless Baterbys, its officers, directors, employees and agents from and against any liabilities, damages, and costs (including reasonable attorneys fees and costs of defense) arising out of any negligent acts, errors, or omissions of Baterbys or anyone for whom Baterbys is legally responsible.
8. Except as stated in Paragraph 6 and notwithstanding the above provisions, if a Buyer should prove that any information in a catalogue, brochure, advertisement, or on any Internet site regarding authorship, attribution, genuineness, origin, date, age, provenance, condition is an intentional misrepresentation of fact, misleading, or deceptive, and if a Buyer should prove that Buyer relied on such information prior to bidding on artwork, then Buyer may rescind the agreement to purchase the artwork, and demand repayment of the purchase price already paid by Buyer as long as there are no third party claims to the artwork and as long as the artwork is returned to Baterbys in an unaltered condition. Buyer has no right to reduce the purchase price as an alternative without written consent of Baterbys. Buyer agrees to limit damages for all legal claims against Baterbys to the purchase price already paid by the Buyer. In such a claim, Buyer agrees to pay all of Buyer’s attorney’s fees and legal and related expenses.

General Provisions

1. The copyright in all images, illustrations, and written material produced by or for Baterbys relating to works of art or a lot, including contents in any catalogue, brochure, advertisement, or on any Internet site, is and shall remain at all times the property of Baterbys and shall not be used by the Buyer, nor by anyone else, without prior written consent of Baterbys. Baterbys and seller make no representation or warranty that the Buyer of a work of art will acquire any copyright or other reproduction rights in such work of art.
2. Baterbys makes no representation or claim as to the import and export laws of the U.S. or other countries. The Buyer is responsible to ensure that artwork is legally imported into a foreign country in full compliance with the laws and regulation of such country. Baterbys is not liable to Buyer in regards to any country’s import and export laws, rules, regulations, or pre-emptive rights.
3. These Terms and Conditions shall govern the relationship between the Buyer and Baterbys and shall be incorporated into the purchase agreement between the Buyer and Baterbys. These Terms and Conditions shall supersede any and all agreements, either oral or in writing, between the Buyer and Baterbys.
4. These Terms and Conditions cannot be changed or modified except by another agreement in writing signed by the Buyer and Baterbys.
5. These Terms and Conditions shall be construed and interpreted in accordance with the laws of the State of Florida. In the event of any claim arising under theses Terms and Conditions, exclusive jurisdiction and venue shall be in Orange County, Florida.
6. These Terms and Conditions shall be binding upon the Buyer and Baterbys and their respective heirs, personal representatives, successors, and permitted assigns.
7. Every provision of these Terms and Conditions shall be independent of and severable from the other provisions hereof. If any provision shall be held by a court of competent jurisdiction to be invalid or unenforceable, all remaining provisions shall continue unimpaired and in full force and effect.
8. Nothing in these Terms and Conditions shall construe to create a partnership or joint venture among the Buyer and Baterbys.
9. Buyer agrees that any controversy or claim arising out of, or relating to the purchase agreement and these Terms and Conditions, or the breach thereof, shall first be settled by arbitration in Orange County, Florida, in accordance with the then governing rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court of competent jurisdiction.

E-mail: Info@Baterbys.com