The following Conditions of Sale are the complete and only terms and conditions on which all auction items are offered for sale, and constitute the entire agreement by and between the Buffalo Arts Studio, a nonprofit, tax exempt arts corporation, and any purchasers of property at this online benefit auction.
Bids will be accepted from registered bidders only. All bidders participating in the sale must register and receive an official bid number through the mobile bid service Clickbid. By accessing Clickbid, you agree to accept, without limitation or qualification, all of the Conditions of Sale set forth herein.
Buffalo Arts Studio cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of Clickbid. Purchaser acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. Buffalo Arts Studio, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of the Buffalo Arts Studio is final. If purchaser dissatisfaction occurs with the auction sale in any way, its only recourse is to immediately discontinue use of the Clickbid.
Buffalo Art Studio reserves the right to withdraw any article offered for sale either before or after the bidding begins, until the item sold.
All property is sold “AS IS.” Neither Buffalo Art Studio nor the donor makes any express or implied warranties or representations as to the authenticity, authorship, accuracy of description, condition, size, merchantability, rarity, quality, importance, genuineness, etc., of the property offered for sale. No statement made by Buffalo Art Studio, its staff, its board, or volunteers, whether written or oral, shall constitute such a warranty or representation. The buyer assumes all risks to determine its condition, quality, size, whether it has been repaired or restored, etc. Auction estimates are intended as a guide only and should not be relied on as representations or predictions of actual prices.
At the close of auction, title to the offered lot shall pass to the buyer, who shall forthwith assume full risk and responsibility for the lot and will be required to sign confirmation of purchase, supply his/her name and address, and pay full purchase price. If the buyer fails to comply with any such requirements, the lot may, at the auctioneer’s discretion, be put up again and sold.
Settlement for payment for purchases must be made by credit card on file. All sales are subject to appropriate state sales tax laws. Purchaser must acknowledge and agree not to retract the purchase offer. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to Buffalo Art Studio by law, including without limitation the right to hold the purchaser liable for the total purchase price, Buffalo Art Studio at its option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property at public auction without reserve, and the purchaser will be liable for any deficiency costs, including handling charges, the expenses of both sales, all other charges due hereunder, and incidental damages. In addition, a defaulting purchaser will be deemed to have granted a security interest in, and Buffalo Arts Studio may retain as collateral for such purchaser’s obligations to us, any property in our possession owned by such purchaser regardless of when we may acquire possession. Buffalo Arts Studio shall have all of the rights afforded a secured party under the New York Uniform Commercial Code with respect to such property and we may apply or set off against such obligations all monies held or received by us for reasons of the account of, or due from us to, such purchase. At our option payment will not be deemed to have been made in full until we have collected funds reflected by checks or, in the case of bank or cashier’s checks, we have confirmed their authenticity.
Buffalo Arts Studio is not responsible for the acts or omissions of carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots by Buffalo Arts Studio is at the entire risk of the purchaser. In no event will Buffalo Art Studio liability to a purchaser exceed the purchase price actually paid
The laws of the State of New York shall govern all parties rights and obligations hereunder. By bidding, absentee or otherwise, a buyer shall be deemed to have consented to the jurisdiction of the State of New York.
Any waiver or non-validity of any part of these Conditions of Sale shall not constitute a continuing waiver nor shall it affect the validity of any other part.
