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Gala Auction Terms and Conditions

The property offered in this sale will be offer and sold by the Asian Art Museum (the “AAM”), a 501(c)(3) entity. Any questions should be directed to the AAM in conducting the auction sale and participates on the following terms and conditions, as amended by any posted notices or oral announcements during the sale, which govern the sale of all the property offered at the auction:

1.    (a) The AAM assumes no risk, liability, or responsibility for the authenticity of the authorship of any property offered at this action (that is, the identity of the creator or the period, culture, source, or origin, as the case may be, with which the creation of any property is identified).

       (b) ALL PROPERTY IS SOLD “AS IS” AND NEITHER AUCTIONEER NOR THE AAM MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OF NATURE, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROPERTY, AND IN NO EVENT SHALL EITHER OF THEM BE RESPONSIBLE FOR THE CORRECTNESS OF ANY CATALOGUE OR NOTICES OR DESCRIPTIONS OF PROPERTY, NOR BE DEEMED TO HAVE MADE, ANY REPRESENTATIONS OR WARRANTY OF PHYSICAL CONDITION, SIZE, QUALITY, RARITY, IMPORTANCE, GENUINESS, ATTRIBUTION, AUTHENTICITY, PROVENANCE, OR HISTORICAL RELEVANCE OF THE 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. The AAM makes no representation or warranty, expressed or implied, as to whether the purchaser acquires any copyrights, including without limitation, reproduction rights in the property. Prospective bidders should inspect the property before bidding to determine its condition, size, and whether or not it has been repaired or restored. The AAM has made no independent investigation of the value or quality of any of the professional services or tangible items offered as auction items.

2.    Any property may be withdrawn by the AAM at any time before the actual sale without any liability therefore.

3.    The AAM reserve the right to reject a bid from any bidder. In the event of any dispute between bidders, the AAM shall have sole and final discretion either to determine the successful bidder or to reoffer and resell the article in dispute. If any dispute arises after the sale, the AAM sale records shall be conclusive in all respects.

4.    Purchased lots will not be released the evening of the auction and pickup must be scheduled from the Asian Art Museum at 200 Larkin Street in San Francisco at a mutually agreed upon time. Verification of the payment is required at the time of pickup. All items not redeemed or picked-up after one year are no longer the responsibility of the AAM.

5.    The payment of an auction item in excess of fair market value may provide the purchaser an income tax deduction. If you make any purchases, you will receive a receipt. On the receipt, we will list the item’s fair market value, the amount paid for the item and the difference, if the amount paid exceeds the fair market value. Please contact your tax advisor for further tax information.

6.    Dates for services, trips, private dinners, etc. are to be arranged between the purchaser and the AAM. The buyer is responsible for initiating contact with the AAM to arrange mutually agreeable times. Unless otherwise specified, all auction items and services must be used by March 2, 2018. The AAM accepts no liability or responsibility for any activities, services of products purchased at the auction, including, but not limited to, failure of delivery, failure of performance and/or claims of personal injury or property damage.

7.    Any checks should be payable to the Asian Art Museum Foundation. Payment will be accepted by Visa, MasterCard, American Express, or Discover.

8.    The online auction concludes on Friday, March 3, 2017 at 12:00 pm (Noon).

Absentee Bidding
If you are unable to attend the Gala in person, and wish to place bids on Live Auction works, you may give the AAM instructions to bid on your behalf. The AAM representative will then try to purchase the lot(s) of your choice for the lowest price possible, and never for more than the top amount indicated. Please note that the AAM offers this service as a convenience to patrons who are unable to attend the Gala. Although we will make every effort, the AAM will not be responsible for error or failure to execute bids.

Placing Absentee Bids
Absentee bids may be placed on Live Auction items by telephone before Tuesday, February 28, 2017, at 5 pm, by contacting 415-581-3788 or gala@asianart.org. Telephone and email bids must be followed by written confirmation by signed letter or fax and must include a credit card number, expiration date, and signature.

A representative of the AAM will confirm your absentee bid by email or letter. In order for an absentee bud to be valid, you must have written confirmation from the AAM of its receipt. If you do not receive confirmation of an absentee bid, please call 415-581-3788 by noon on Wednesday, March 1, 2017. Bids placed by telephone are accepted only at the AAM’s discretion and at the caller’s risk.

When placing an absentee bid, be sure to indicate accurately the auction item(s), descriptions(s), and maximum price you are willing to pay for each lot. Always indicate a “maximum limit,” the largest amount that you would bid if you were attending the auction yourself. Alternative bids should be indicated by using the word “OR” between items. Thus, if your early bids are unsuccessful, we will continue to execute bids for alternative items until a bid is successful.

Please place your bids as early as possible. In the event of identical bids, the one received earliest will take precedent. Successful bidders will be notified and will be invoiced following the Gala.

Telephone Bids
If you wish to participate in the live auction as a phone bidder, please contact 415-581.3788 or gala@asianart.org before 5 pm on Tuesday, February 28, 2016.

Delivery/Shipping
The museum staff will coordinate the shipping or delivery of the item with the purchaser. Items shipped outside of the San Francisco Bay Area will be paid for by the purchaser. Museum staff will communicate with the purchaser on Tuesday, March 7, 2017 to review aspects for  delivery or shipping.