Contemporary Stone Sculpture

Your submission of bids in this auction constitutes your acceptance of the following "Terms of Sale." Please do not bid in this auction if you do not agree to all of the terms listed below. All sales are final and all items are sold AS IS. No lots will be released until payment in full has been made. • PAYMENT - This auction uses Autopay by LiveAuctioneers. For payment, if you have a card on file with LiveAuctioneers, it will be automatically charged 72 hours after you receive your invoice. If you have not contacted ArtZimbabwe to arrange alternative payment within 24 hours of the time that invoice is sent, we will charge the credit/debit card you used to register for the auction for the amount of your invoice. If a buyer fails to make timely payment as required in this Agreement we may, in our discretion, exercise any remedies legally available to us, including, but not limited to, the following: (a) cancel the sale of the lot and any other sale of a lot to you; (b) resell the lot with or without reserve; (c) reject any bids by you at future auctions. • SHIPPING – Some of our lots ship with Live Shipping and some do not. Smaller items will be shipped directly by us usually via UPS or USPS. For larger items requiring custom packing and/or crating we will use LiveShipping. All items are shipped fully insured. Foreign shipping rates (outside the USA) will be individually determined and will be quoted ‘door to door’ and ‘fully insured’ with all required documentation. LiveShipping currently doesn’t ship to Asia and Australia. If you bid and win from those areas we will arrange shipping through our agents. Winning bidders will be responsible for any and all VAT and other import duties and taxes. ArtZim may, in its discretion and at purchaser's request, package and arrange for delivery as directed by the purchaser. In such event, purchaser agrees that purchaser shall pay in advance, all packaging expenses, including labor, materials, carrier's fees and all insurance charges. Please arrange seventy-two hours in advance for collection and delivery. ArtZim shall not be responsible for obtaining any permits or licenses on behalf of purchaser and no sale shall be cancelled or refunded for lack of purchaser's noncompliance with permitting and licensing issues. Should items be returned to the ArtZim due to incorrect address provided at checkout or shipping errors, the buyer will be obligated to make a 2nd payment for shipping, and will be liable for other fees and taxes that were associated with the lot(s) being directed back. • PICKUP & STORAGE – If you wish to pick-up your items you must remove any lot you have agreed to purchase from our premises no later than 14 days after the sale date of the auction, otherwise storage charges may apply. Any Purchased Lot that is still in our possession 60 days after the sale date will be deemed abandoned by you and, to the extent title has passed to you it will then pass back to us. You are solely responsible for removal of your Purchased Lot from ArtZim’s facilities and all costs associated with packing, insurance, shipment and delivery of your Purchased Lot to your designated destination. You may pick up your Purchased Lot from our facilities during our normal business hours, if you provide us at least 48 hours’ notice to arrange pick-up. Our facilities are open Monday - Friday, from 9:00 a.m. to 5:00 p.m., but closed on government holidays and any Monday following weekend sales held at that location. You must supply and bring your own packing materials. Weekend pick-ups may be made by special arrangement and by appointment only. • RETURN POLICY: If our description of the item is not as described, we will accept return of the item; however, we MUST HAVE NOTIFICATION OF RETURN WITHIN FIVE BUSINESS DAYS FROM RECEIPT OF ITEM BY BIDDER, as shown by the shipping tracking data. No lots may be returned without prior written consent. Return shipping is at the bidder's expense. In no event may any lot(s) be returned after thirty (30) days from the date of the auction. • CONDITION - READ CAREFULLY! Descriptions provided in both printed and online catalog formats may not include detailed condition reports. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections, or the effects of aging. Interested bidders are strongly encouraged to request a condition report on any lots upon which they intend to bid, prior to placing a bid. Each lot will be sold with all defects and faults. All weights, counts, and measurements are approximate. It is the responsibility of the buyer to obtain all possible information prior to bidding. If you are not completely satisfied with an item before you bid DO NOT BID. • PROVENANCE – artworks we list for auction, unless specifically indicated otherwise, have been sourced either directly from the creating artist or from galleries directly representing the creating artist. In the cases of deceased artists we have occasionally sourced artworks from the family of the deceased artist, after careful inspection of course. We are pleased to provide specific history of acquisition for any artwork when requested. • INDEMNIFICATION- You agree to indemnify, defend and hold harmless ArtZim and its employees, agents, affiliates, successors, officers, directors and assigns, from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including attorney fees) arising out of or relating to any claim or action based upon your use of Live Auctioneers biding platform. • ESTIMATES - We set estimated price ranges (low and high) for a lot. Estimates are preliminary only and are subject to revision by us from time to time in our sole discretion. We make no guarantees, representations or warranties of any kind, express or implied, including, without limitation, regarding the sale price of any lot, whether the lot will sell at all; the price realized at a post-auction sale, or the price realized upon resale, which may be substantially different from our estimates. We offer each lot subject to a confidential minimum price which we will not sell the lot (the reserve). We may withdraw a lot from auction at any time for any reason and with no liability whatsoever for such withdrawal. • INTELLECTUAL PROPERTY – ArtZim and our licensors will retain ownership of our intellectual property rights, including, without limitation, copyright to all photographs or other images of the lot created by us (including in your Purchased Lots), as well as rights to the copyrights and trademarks and other images, logos, text, graphics, icons, audio clips, video clips, digital downloads, etc. You may not obtain any rights of ownership, use, reproduction or any other therein by virtue of this Agreement. You may not use any of our trademarks or service marks in any way. • CLAIMS / DISPUTE RESOLUTION – Any dispute, controversy or claim arising out of, relating to, or in connection with this Agreement, or the breach, termination, will be resolved, to the extent possible, within forty-five (45) days through discussions held in good faith between appropriate representatives of the Parties. If the Dispute has not been resolved after the 45-day discussion period, either Party may refer the Dispute or claim to American Arbitration Association under its Commercial Mediation Procedures, for mediation in BOSTON, MASSACHUSETTS for a period of one hundred twenty (120) days. However, if the Dispute is not settled by mediation within the 120-day period, the Dispute will be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Claims will be heard by a single arbitrator, unless the claim amount exceeds $250,000, in which case the dispute will be heard by a panel of three arbitrators. The place of arbitration will be BOSTON, MASSACHUSETTS. The arbitration and any proceedings conducted hereunder will be governed by the laws of the State of MASSACHUSETTS, Title 9 (Arbitration) of the United States Code and by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings, though hearings may be conducted virtually with the prior written consent of both parties. Time is of the essence for any arbitration under this Agreement and arbitration hearings will take place within 90 days of filing and awards rendered within 120 days. Arbitrator(s) will agree to these limits prior to accepting appointment. Each party will bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges will constitute a waiver by that party to present evidence or cross-examine witnesses. In such event, the other party will be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Notwithstanding any language to the contrary in the contract documents, the Parties hereby agree that the arbitrator-s decision will be final and no appealable. The arbitrator-s decision may be entered in any court having jurisdiction thereof. • NOTICES - Unless otherwise specified herein, all notices, requests or other communications under or in connection with this Agreement, to or upon the Parties will be made to such addresses and to the persons designated below, or such other people and addresses as provided in writing the receiving Party from time to time, and will be deemed to have been given hereunder only as follows: (a) if delivered by overnight commercial delivery service, upon receipt as evidenced by the records of such service; (b) if sent by certified or registered mail, seven (7) calendar days after posting it; and (c) if sent by email, once the receiving Party confirms its receipt by reply or other written communication.

If you have not contacted Art Zimbabwe to arrange payment within 3 days of the time that invoice is sent, we will charge the credit card you used to register for the auction for the amount of your invoice.

Online purchases from Art Zimbabwe may be subject to sales tax. Please see the following for more details. If you are tax-exempt, you can submit your tax-exempt certificate to prevent the collection of tax. Learn more about tax-exemption.