British Antique Dealers' Association Auction

FEE SUMMARY: Buyers Premiums Buyer's Premium of 3% is charged by LiveAuctioneers Shipping Shipping & Handling Fees ? All items sold during the Sale will be subject to additional Shipping & Handling Fees. Credit Card Processing Fees: Credit card payments will only be allowed for invoices of less than 700 GBP and will be subject to additional fees of the following: US based Cards : MasterCard, Visa, Discover = 3.0%. US based Cards : Amex = 3.5%. Non-US based Cards : MasterCard, Visa, Discover = 4.0%. Non-US based Cards : Amex = 4.0%. Additional Fees: Wire processing fee = 0 GBP Check processing fee = 30 GBP Payment in USD = 2% per txn plus spot rate on day of sale as defined by Google Finance. Late Payment Fee - Late payments are subject to a 1.5% interest fee per month NOTE: Checks take 14 days to clear. BRITISH ANTIQUE DEALERS' ASSOCIATION(BADA) AUCTION TERMS SUMMARY In the case of any differences between the Auction Terms written below and the Conditions of Sale, These terms shall apply for this Auction only. The Curator's Eye acts as an Agent on behalf of the Dealers belonging to The British Antique Dealers Association and does not have physical possession of any inventory listed in the sale. All property will be shipped to winning bidders directly from the gallery or dealer where the property is stored. Registering to Bid: First time bidders with The Curator's Eye will be asked to provide additional information, including a Credit Card # for verification and security reasons. When you provide your Credit Card # you authorize The Curator's Eye to charge the card up to 20% of the purchase price in the event of a non-payment for the purchase of a lot. Absentee bidding: If you are unable bid online during the auction time, you are able to use the online auction platforms to leave an absentee bid. This is a confidential, written maximum price for the lot or lots in which you are interested. The auction platforms or Curator will automatically execute your bid up to your maximum. If you would prefer to leave your absentee bid by fax Telephone Bidding: If you would prefer to bid by phone you can complete the phone bidder registration form at www.CuratorsEye.com. We have multiple phone lines available for each lot. Curator's Eye auctions will call you approximately 2-3 lots before your lot of interest. On-line bidding: Bidders can bid online via our live bidding platform www.BADA.Auction. Please visit the www.curatorseye.com to review current sales options and bidding deadlines. Be aware that there might be differences in terms and conditions, deadlines and buyer's premiums when bidding on-line. Shipping: All won lots will be shipped to the winning bidder from the Dealer. The winning bidder's contact and shipping information will be shared with the Dealer who will be arranging shipping. Payment: After the sale closes, winning bidders will be usually be invoiced for the full purchase price, including tax, buyer's premium (if any) and shipping costs within two (2) business days. Purchases must be made in full with certified check, or wire transfer within seven (7) calendar days upon receipt of Invoice. If payment is not made within 7 days a refundable deposit of 20% of the purchase price will be made on your credit card. If the full invoice is not paid within fourteen (14) days then the deposit becomes non refundable. Telephone and absentee bidders will be notified by telephone and/or e-mail within two days of sale end. Accepted forms of payment are Certified Check and Wire transfer. Credit card payments are accepted on any invoices of 700 GBP or less. Information on how to pay by certified check, wire transfer and credit card will be disclosed in the invoice. ANY CONDITION STATEMENT IS GIVEN AS A COURTESY TO A CLIENT, IS ONLY AN OPINION AND SHOULD NOT BE TREATED AS A STATEMENT OF FACT. THE CURATOR'S EYE SHALL HAVE NO RESPONSIBILITY FOR ANY ERROR OR OMISSION. ALL BIDDERS ARE ENCOURAGED TO OBTAIN AS MUCH INFORMATION AS POSSIBLE ABOUT ANY ITEM ON WHICH THEY WISH TO BID, BY REQUESTING CONDITION REPORTS BY EMAIL, OR PREFERABLY, BY PERSONAL INSPECTION. ALL ITEMS ARE SOLD "AS IS" WITH NO GUARANTEES OR WARRANTIES STATED OR IMPLIED. IT IS THE RESPONSIBILITY OF THE BIDDER TO EXAMINE ALL MATERIAL PRIOR TO BIDDING. FULL CONDITIONS OF SALE THIS IS A LEGAL AGREEMENT (THIS ?AGREEMENT?) BETWEEN YOU AND THE CURATOR?S EYE, LLC (?CURATOR? OR ?WE? OR ?US? OR ?OUR?) AND DEFINES YOUR RELATIONSHIP WITH SELLERS OF AUCTION PROPERTY. AS USED HEREIN, ?YOU? MEANS AN UNDERBIDDER, BIDDER OR BUYER PARTICPIATING IN A SALE OF AUCTION PROPERTY THROUGH CURATOR ON THE SITE OR HOSTING PLATFORMS (AS ALL TERMS ARE DEFINED HEREIN). YOU SHOULD CAREFULLY READ THIS AGREEMENT. BY USING OR ACCESSING THE SITE, OR BY REGISTERING TO PARTICIPATE IN A SALE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT PERMITTED TO TO PARTICIPATE IN A SALE. 1. DEFINITIONS: ? Additional Auction Terms - A separate document that provides additional conditions that apply to and are posted with a Sale. ? Auction Property ? Items marketed by Curator for Sellers and offered during a Sale. ? Bidder ? An individual who places a bid on Auction Property during the sale with the intention to purchase the Auction Property for the bid amount. Bidders will be able to bid on Auction Property over the phone, via one of the Hosting Platforms or via an absentee bid. ? Buyer ? The person who places the winning bid for the Auction Property. Auction Property will be shipped to the Buyer once payment for the Auction Property has cleared. ? Buyer Auction Property ? The individual Auction Property won by the Buyer. ? Buyer's Premium ? A premium charged to the Buyer in addition to the Hammer Price. ? Catalog ? A physical or digital collection of all Auction Property consigned to be sold at auction. It will contain images and information about the Auction Property as approved by Curator. ? Hammer Price ? The winning bid for Auction Property at auction. It is the price upon which the auctioneer?s hammer falls, but does not include the Buyer?s Premium. ? Hosting Platform ? The online platforms that Curator will be using to host the Sale. These platforms shall be used to collect bids from Bidders, process payments and collect Buyer and Bidder information. The specific platforms being used to host the Sale shall be decided upon Curator's discretion. ? Late Payment Fee ? Additional fees due if amounts due are not paid by the agreed upon due date. ? Reserve ? The minimum price Sellers can set, to allow retention of an individual item of Auction Property if bidding does not reach the desired minimum price. Reserves cannot exceed the low estimate set by the Seller. ? *Return Period* - A period of seven (7) calendar days, which begins upon delivery confirmation of the Auction Property by the Buyer, which allows the Buyer time to verify that the Auction Property is as described in the associated product listing, and to report any damage that may have occurred in transit. ? Sale ? An auction event conducted by Curator whereby Auction Property is publicly offered for sale. ? Seller ? Anyone consigning Auction Property with Curator for sale at auction. ? Shipping & Handling Fees ? The charges added to the Hammer Price to cover the cost of handling and shipping the Auction Property to the Buyer. ? Site - The primary homepage which is identified by the URL www.curatorseye.com and any other subpage under that domain. ? Total Purchase Price ? The total value of Hammer Price plus Total Buyer's Premium, plus Shipping & Handling Fees. ? Underbidder ? Any person who has registered to buy at auction directly with Curator, on the Site, or on the websites of the Hosting Platforms. 2. FEES & PREMIUMS 2.1 All fees are quoted in GBP. By placing a bid during a Sale, You agree to pay the Total Purchase Price associated with winning Auction Property during the Sale. You are responsible for paying in a timely manner with a valid payment method. Accepted payment methods: Wire transfer and Certified check. Credit cards are accepted on invoices of less than 700 GBP. 2.2 Fees & Commission Summary: a) Hammer Price ? The Buyer is responsible for paying the full amount of the Hammer Price. b) Buyer's Premium ? Curator will charge a Buyer's Premium on all sold Auction Property equal to 0% of the Hammer Price, unless otherwise specified in the Additional Auction Terms for a Sale. An additional Buyer's Premium or fee may also be charged by the Auction Hosting Platforms, which will be added to this amount that is charged by Curator, the total of which will be considered the ?Total Buyer's Premium.? c) Shipping & Handling Fees ? All items sold during the Sale will be subject to additional Shipping & Handling Fees. d) Credit Card processing Fees: Credit card payments will be subject to additional fees of the following: US based Cards : MasterCard, Visa, Discover = 3.0%. US based Cards : Amex = 3.5%. Non-US based Cards : MasterCard, Visa, Discover = 4.0%. Non-US based Cards : Amex = 4.0%. e) Payment Processing Fees - payments by wire transfer are charged a processing fee of 0 GBP. Payment by check are subject to a 30 GBP processing fee and payment will not be marked as cleared for 14 days after deposit. Payments by check in USD are subject to 2% per txn plus spot rate f) Late Payment Fee - Late payments are subject to a 1.5% interest fee per month. 3. PRE-SALE Any pre-sale bids or absentee bids must be submitted in writing to Curator twenty-four (24) hours prior to commencement of the offer of the first Auction Property of the Sale. Curator's copy of any such bid shall conclusively be deemed to be the sole evidence of same. Curator accepts these bids for the convenience of Bidders. Curator shall not be responsible for any errors in the execution, or the failure to execute, any pre-sale bid. 4. DURING THE SALE 4.1 Curator, in its sole and exclusive discretion, reserves the right to withdraw any Auction Property, at any time, for any reason, before the fall of the hammer. 4.2 Unless the Sale is advertised and announced as ?without Reserve?, Auction Property is offered subject to Reserve and Curator may implement such Reserves by bidding through its representatives on behalf of the Sellers. 4.3 Unless otherwise announced by the auctioneer at the time of Sale, all bids are per Auction Property as numbered in the Catalog. At its sole discretion, Curator has the right to determine any and all matters regarding the order, precedence or appropriate increment of bids of Auction Property. 4.4 The highest Bidder acknowledged by the auctioneer shall be the Buyer. The auctioneer has the right to reject any bid, to advance the bidding at his absolute discretion and in the event of any dispute between Bidders, the auctioneer shall have the sole and final discretion either to determine the successful Bidder or to re-offer and resell the Auction Property in dispute. If any dispute arises after Sale, Curator Sale record shall be conclusive in all respects. 4.5 If the auctioneer determines that any opening or later bid or any advance bid is not commensurate with the value of the Auction Property offered, he may reject the same and withdraw the Auction Property from the Sale (whether or not there is a Reserve). 4.6 Upon the fall of the hammer, title to any offered Auction Property will immediately pass to the Buyer as determined in the exclusive discretion of the auctioneer, subject to compliance by the Buyer with these Conditions of Sale. Buyer thereupon assumes full risk and responsibility of the Buyer Auction Property (except during shipment), agrees to sign any requested confirmation of purchase, and agrees to pay the Total Purchase Price. 4.7 No ?buy? bids shall be accepted at any time for any purpose. 4.8 Curator will use land lines and cellular phones for the collection of phone bids and has engaged the services of one or more Hosting Platforms. Curator shall not be liable for lost sales or any special, incidental, consequential or punitive damages that result from any Bidder?s use of, or the inability to use, landlines, cellular or internet services. Curator makes no representations, express or implied, as to the services of these third-party providers. 4.9 Notwithstanding anything herein to the contrary, You acknowledge that Curator does not own, take title to or possess any of the Auction Property; has not inspected the Auction Property in advance of the Sale; is mediating the sale but not the actual seller of the Auction Property; and therefore shall have no liability to You or others with respect to the quality, value, condition or otherwise with respect to any Auction Property. 5. POST-SALE PAYMENT 5.1 Unless exempted by law from the payment thereof, the Buyer will be required to pay any and all taxes and duties, including those where deliveries are to be made outside the state or country where a Sale is conducted, which may be subject to a corresponding or compensating tax in another state or country. 5.2 All Auction Property sold during the Sale will be subject to appropriate Shipping & Handling Fees. 5.3 The Buyer agrees to pay the Total Purchase Price via an approved payment method, as identified in Section 2.1, or any other method approved by Curator. All Sales amounting to more than 700 GBP must be paid via authorized check or wire transfer. Checks will not be deemed to constitute payment until cleared. Any exceptions must be made upon Curator's written approval of credit prior to Sale. In the event that the shipping cost for the Auction Property is unusually high because the Auction Property is being shipped to another country, or due to the Auction Property having an unusual size/shape or particularly heavy weight, Seller shall reserve the right to modify the original shipping estimate. 6. SHIPPING 6.1 Auction Property will not be shipped to the Buyer until the Buyer has paid in full the Total Purchase Price and has satisfied such terms that Curator, in its sole discretion, shall require. 6.2 The Buyer hereby agrees that Curator will pass along Your contact and shipping information to the Seller in order to facilitate shipment of any purchased Property. Curator will offer the Auction Property as agent for the Seller, but does not have physical possession of any items listed in the Catalog unless otherwise indicated prior to or during the Sale. You agree to receive information and correspondence from the Seller in regards to shipping arrangements. 6.3 Full shipping terms can be found in our Shipping Policy, attached below these Conditions of Sale, as posted on the Site from time to time. 7. RETURNS & DISPUTES 7.1 Upon cleared payment, Curator will arrange with the Seller to ship the Auction Property to the Buyer's provided address. Upon receipt of the Auction Property the Buyer may initiate a return any time during the Return Period, in accordance with the terms of Section 7.2. 7.2 There are three (3) situations in which a Buyer may initiate a return during the Return Period: a) In the event that the Auction Property is discovered to have been misidentified due to an oversight on the part of the Seller, the Seller will be responsible for the cost of fully insured return shipping to the Seller, and Curator will refund the Total Purchase Price, to the Buyer once the Seller receives the returned Auction Property. b) In the event that it is discovered that the dimensions, condition, or function of the Auction Property are meaningfully different than what the Seller had reported to Curator, the Seller will be responsible for the cost of fully insured return shipping, and the Buyer will be refunded the Total Purchase Price of the Auction Property, once the returned Auction Property has been delivered to the Seller in the same condition that it was sent. c) In the event that the Buyer is not satisfied with a purchased Auction Property for any reason other than the Auction Property not being as described or having unreported condition issues, the Buyer can announce a return within the Return Period after delivery. The Auction Property must be returned in the original condition. The Buyer is responsible for payment of return shipping, and Curator will refund the Buyer the Total Purchase Price of the Auction Property less Shipping & Handling Fees, upon delivery to the Seller's location. 7.3 For our complete shipping terms, please refer to our Shipping Policy attached below these Conditions of Sale, as posted on the Site from time to time. 8. NON-PAYMENT BY A BUYER 8.1 Payment, equal to the Total Purchase Price, for won lots is due immediately upon receipt of the invoice. If Curator does not receive the Total Purchase Price in full, in good cleared funds, within seven (7) calendar days following the Sale, Curator will charge the card on file equal to 20% of the total purchase price. If payment is not received a for a further seven (7) days then the Deposit is forfeited and the Curator's Eye may resell the auction property publicly or privately without reserve and with such terms as Curator finds appropriate. In addition Curator is entitled in its absolute discretion to exercise one or more of the following measures in addition to any additional actions available to Curator by law: a) Hold the defaulting Buyer liable for the Total Purchase Price plus accrued Late Payment Fees and to begin legal proceedings for its recovery together with legal fees and costs to the fullest extent permitted under applicable law; b) Cancel the Sale; c) Take other action as Curator finds necessary or appropriate. 9. AUTHENTICITY GUARANTEE & WARRANTY Dealers selling through BADA Auctions are members of the British Antique Dealers' Association and are subject to strict by-laws that can be viewed at www.BADA.org . In the unlikely event that there is a dispute between a BADA member and his customer, the case can be taken to BADA?s free arbitration service rather than the law courts ? the latter an often protracted and expensive experience. A panel of at least three experts in the appropriate field will be formed. These leading antique dealers from across the United Kingdom will independently judge whether an object was correctly described at the time of sale. The BADA Arbitration Service provides rapid judgement at (save carriage) no cost to the consumer by experts who would be likely to be called as expert witnesses in a legal action. In the first instance the Association always advises customers of members to discuss any problems or concerns they may have about a purchase with the dealer from whom the item was acquired. Should the matter fail to be resolved in this manner, please contact the Secretary General, The British Antique Dealers' Association, G3 The Foundry Annexe, 65 Glasshill Street, London SE1 0QR. 10. USE OF PERSONAL INFORMATION You agree that Curator may use Your contact information to market to You, and provide You with information about Curator, including but not limited to future Sales. If You decide at any time that You no longer wish to receive such information or communications from Curator, please follow the unsubscribe instructions provided in any of the communications. Additionally, You authorize Curator to share Your shipping address with the Seller of the Buyer Auction Property. Notwithstanding the foregoing, all use of your personal information is governed by the terms of Curator?s Privacy Policy, as posted on the Site at http://www.curatorseye.com/privacy.php. 11. PASSWORDS. Curator has several tools that allow You to record and store information in Your account. You are responsible for all actions taken on the Site and the Hosting Platforms under Your name, password or account, and for taking on Your own all reasonable steps to ensure that no unauthorized person shall have access to Your password. Without limiting the foregoing, it is Your sole responsibility to (1) control the dissemination and use of any login code and password used with Your Site accounts; (2) authorize, monitor, and control access to and use of Your account and password; (3) promptly inform Curator of any need to deactivate a password. You grant Curator and all other persons or entities involved in the Sales or operation of the Site the right to transmit, monitor, retrieve, store, and use any information recorded and/or stored in Your account in connection with any Sales or the operation of the Site. 12. INTELLECTUAL PROPERTY Unless otherwise specified in writing, all materials that are part of the Site and Sales are owned, controlled, or licensed by Curator and its licensors and are protected by law from unauthorized use. The entire contents of the Site are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. The name ?The Curator?s Eye? is a trademark of Curator and may not be used without the express written permission of Curator. 13. LIMITATION OF LIABILITY 13.1 YOU EXPRESSLY AGREE THAT USE OF THE SITE AND PARTICIPATION IN ANY SALE IS AT YOUR SOLE RISK AND THAT CURATOR PROVIDES THE SITE AND ALL SERVICES ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER CURATOR NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, THE ?CURATOR PARTIES") WARRANT THAT THE SITE OR ANY SALE WILL BE UNINTERRUPTED, UNCORRUPTED, TIMELY, OR ERROR-FREE. 13.2 THE CURATOR PARTIES FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENT OF THE SITE, (INCLUDING WITHOUT LIMITATION ANY DESCRIPTION OF ANY AUCTION PROPRETY IN THE CATALOG OR OTHER DESCRIPTION OF THE PHYSICAL CONDITION, SIZE, QUALITY, RARITY, IMPORTANCE, MEDIUM, MATERIAL, GENUINENESS, ATTRIBUTION, PROVENANCE, PERIOD, CULTURE, SOURCE, ORIGIN, EXHIBITIONS, LITERATURE, HISTORICAL SIGNIFICANCE OR ANY OTHER ASPECT OF ANY AUCTION PROPERTY SOLD) WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR TIMELY. THE ABSENCE OF ANY REFERENCE TO THE CONDITION OF AUCTION PROPERTY DOES NOT IMPLY THAT THE AUCTION PROPERTY IS IN PERFECT CONDITION OR COMPLETELY FREE FROM WEAR AND TEAR, IMPERFECTIONS OR THE EFFECTS OF AGING. NO STATEMENT, WHETHER WRITTEN OR ORAL, AND WHETHER MADE IN THE CATALOG, SUPPLEMENTS TO THE CATALOG, ADVERTISEMENTS, BILLS OF SALE, SALESROOM POSTINGS OR ANNOUNCEMENTS, REMARKS OF AN AUCTIONEER, OR OTHERWISE, SHALL BE DEEMED TO CREATE ANY WARRANTY, REPRESENTATION OR ASSUMPTION OF LIABILITY. 13.3 THE CURATOR PARTIES DO NOT ENDORSE OR WARRANT ANY SELLER OR ANY AUCTION PROPERTY, SERVICE, OPINION, OR OTHER INFORMATION THAT MAY BE REFERENCED ON OR THROUGH THE SITE. THE SITE HEREUNDER IS DESIGNED FOR INFORMATIONAL AND TRANSACTIONAL PURPOSES ONLY. THE CURATOR PARTIES HAVE NO RESPONSIBILITY FOR OR INVOLVEMENT WITH ANY BUYER-SELLER RELATIONSHIP THAT EXISTS OR COMES TO EXIST BETWEEN YOU AND ANY SELLER THROUGH A SALE. 13.4 THE CURATOR PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF A SALE OR THE USE OF, OR INABILITY TO USE, THE SITE, WHETHER OR NOT THE CURATOR PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, AND A DETERMINATION IS MADE THAT CURATOR IS LIABLE, YOU AGREE THAT THE CAP ON SUCH LIABILITY, AND THE MOST THE CURATOR PARTIES WOULD BE LIABLE TO YOU FOR, IS THE AMOUNT OF THE BUYER?S PREMIUM PAID TO CURATOR. FOR THE AVOIDANCE OF DOUBT, UNDER NO CIRCUMSTANCES WILL THE CURATOR PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID CURATOR AS THE BUYER?S PREMIUM. 13.5 TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO A SALE OR THE USE OF, OR INABILITY TO USE, THE SITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE). 14. RELEASE OF CLAIMS Because Curator is not responsible for complaints or disagreements between Buyers and Sellers, if a dispute arises between Seller and a Buyer, You release Curator and the Curator Parties, and agree to indemnify, defend and hold harmless Curator and the Curator Parties, from any and all claims, including but not limited to disputes due to faulty or incorrect title, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 15. INDEMNIFICATION You further agree to defend, indemnify and hold harmless Curator and the Curator Parties from and against all liability, claims, actions and expenses, including attorneys' fees and costs, arising out of any Sale, Your use of the Site and/or Your breach or alleged breach of any term, condition, obligation, representation or warranty in this Agreement. You agree that the provisions in this paragraph will survive any termination of Your Site account(s), or this Agreement. 16. MISCELLANEOUS. 16.1. The failure of Curator to require or enforce strict performance by You of any provision of this Agreement or to exercise any right under any provision of this Agreement will not be construed as a waiver or relinquishment of Curator?s right to assert or rely upon any such provision or right in that or any other instance. 16.2. You and Curator agree that if any portion of this Agreement is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which will continue to be in full force and effect. 16.3 No claimed modification or amendment of this Agreement on the part of either party shall be deemed extant, enforceable or provable unless it is in writing that has been signed by the parties to this Agreement. 16.4 Any disputes arising under or in connection with these Conditions Of Sale shall be subject to the exclusive jurisdiction of the state and federal courts of Suffolk County in the Commonwealth of Massachusetts, United States. You agree to comply with all local rules and laws regarding the purchase of Property at Auction. Specifically, You agree to comply with all applicable laws regarding the purchase of Property from the United States or any other country in which You reside. 16.5 Clause headings are not a term of this Agreement, but are used for convenience and shall not be deemed to modify or limit the terms of this Agreement. 16.6 The Auction Property may be subject to U.S. export controls or the trade laws of other countries. The Seller may refuse to complete the Sale or ship the Buyer Auction Property due to such laws. Curator operates and controls the Site and Sales from the United States. Curator makes no representation that the Site or Sales are appropriate or available in other locations. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Curator to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site or participate in a Sale from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 16.7 This Agreement is effective until terminated by either party. You may terminate this Agreement by canceling Your account. The privileges granted to You under this Agreement will terminate immediately and automatically without notice from Curator if, in our sole discretion, You fail to comply with any term or provision of this Agreement or for any reason in Curator?s sole discretion. No termination by You will affect Your obligation to pay all amounts due from You as successful Bidder in any Sale. All terms that by their context are intended to survive the termination of this Agreement will survive termination of this Agreement. 17. ENTIRE AGREEMENT & ADMISSIABILITY 17.1 These Conditions Of Sale constitute the entire agreement and understanding between You and Curator with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. 17.2 In some instances, both of these Conditions Of Sale of Use and Additional Auction Terms may apply additional conditions. To the extent there is a conflict between these Conditions Of Sale and any Additional Auction Terms, the Additional Auction Terms will control unless the Additional Auction Terms expressly state otherwise. SHIPPING POLICY 1 Auction Property will not be shipped to the Buyer until the Buyer has paid in full the Total Purchase Price and has satisfied such terms that Curator, in its sole discretion, shall require. 1.1 The Buyer is responsible for paying the full shipping and insurance costs for the Property. An estimated shipping cost will be included in the invoice for any sold Property. These estimated shipping costs are subject to change and the Buyer will be notified of any increases in the shipping costs associated with sold Property. 1.2 The Buyer hereby agrees that Curator will pass along Your contact and shipping information to the Seller in order to facilitate shipment of any purchased Property. Curator will offer the Auction Property as agent for the Seller, but does not have physical possession of any items listed in the Catalog unless otherwise indicated prior to or during the Sale. Curator will not disclose Buyer's information to any third-party other than the Seller of the Property. You agree to receive information and correspondence from the Seller in regards to shipping arrangements. INSURANCE 2. Insurance for all items listed in the Sale shall remain the responsibility of the Seller or their agents. Curator accepts no responsibility for damage to items stored or packed by the Seller or their agents. 2.1 The Seller shall be responsible for obtaining Insurance coverage from the shipping vendor for any sold & shipped Property equal to the full purchase price of the item. In the event that the Seller fails to obtain insurance coverage, or did not obtain an adequate amount, Curator shall not be responsible or liable for any such loss resulting from Lost or Damaged Property. INSURANCE CLAIMS ON LOST & DAMAGED ITEMS 3.1 Property Lost in Transit In the event that Property is irretrievably lost in transit, the Seller will be required to initiate a Lost Package claim with the shipping vendor for the full purchase price of the Property. Once Curator has received confirmation from the Seller that a claim has been initiated (including a claim number) for the full purchase price, Curator will refund the Buyer the full purchase amount, including shipping costs. Once the claim is processed, the Seller will be required to pay Curator the Seller's Premium based on the Hammer price. 3.2 Damage In Transit In the case that the Property is damaged while in transit to the Buyer, the Property will be deemed a Total Loss. The Buyer must notify Curator of the damage as soon as possible. Curator requires that the Buyer thoroughly document the condition of the Property and the packing material. Photographs should be taken that clearly represent any damage to the Property and the condition of all packing materials. No parts of the Property or packing materials should be discarded and the Property should be kept at the original delivery address. Once Curator has received photographic documentation of the reported damage, Curator will notify the Seller to open an insurance claim with the shipping vendor for the full purchase price of the Property. Once Curator has received confirmation from the shipping vendor that a claim has been initiated (including a claim number), Curator will refund the Buyer the full purchase amount, including shipping costs. As part of standard procedure for processing insurance claims, the Buyer must allow a representative of the shipping vendor to visit the delivery location in order to physically inspect the reported damage if requested. The Buyer must release the property to the vendor and agrees to do so by requesting a Total Loss claim. The Seller will be required to pay Curator the net proceeds due (which is equivalent to the Seller's Premium) upon closing of the Insurance claim. 3.3 Insurance Claim on Return to Seller In the case that a Property is returned to the Seller and damaged in transit, this will be pursued as a Total Loss. The Seller must notify Curator of the damage as soon as possible. Curator will require the Seller to thoroughly document the overall condition of the Property and the packing material. Photographs should clearly represent any damage to the Property and the condition of all packing materials. No parts of the Property or packing materials should be discarded and the Property should be kept at the delivery address. Seller will be responsible for opening an insurance claim with the shipping vendor for the full purchase price of the item. As part of standard procedure for processing insurance claims, the Seller must allow a representative of the shipping vendor to visit the delivery location in order to physically inspect the reported damage if requested. The Seller must release the property to the vendor and agrees to do so by requesting a Total Loss claim.