Terms & Conditions

---

Conditions of Sale: The following Terms and Conditions constitute the entire agreement between Red Sky Auctions, its parent company, its agents', and its consignors', and the prospective bidder and bidders and buyers for the lots offered in this auction. All participants of the auction must register to participate and registration by the prospective bidder, bidders or buyer shall constitute approval and acceptance of these Terms and Conditions. These Terms and Conditions may be amended at any time. 

Online Bidding: Auction will be conducted via an online bidding service provided through LiveAuctioneers. Please visit the LiveAuctioneers online auction platform and liveauctioneers.com, for additional terms and conditions in addition to those stated here. Red Sky Auctions assumes no liability for errors or omissions or failure to execute a bid for any reason associated with internet bids.

Red Sky Auctions assumes no risk, liability or responsibility beyond the limited warranty contained herein.  

Red Sky Auctions reserves the right to withdraw any property at any time prior to or during the auction and shall have no liability because of such withdraw. 

The description of a lot and any statement of a lot's condition, including any oral or written statement about a lot (as example, its nature, condition, artist, period, materials, dimensions, weight, exhibition, publication history or provenance) is simply an opinion and must not to be relied upon as a statement of fact or a warranty.  All property is sold 'AS IS', 'WHERE IS'. Neither Red Sky Auctions, nor its parent company, consignors or sellers make any express or implied warranties or representations with respect to the property or correctness of any condition statement describing the physical attributes or authenticity of the property.

Prospective Bidders should inspect the lots prior to bidding to determine the authenticity, condition, size, restorations, and any other matters of material importance to the prospective bidder relating to the lot. The physical condition of lots can vary due to age, normal wear and tear, previous damage, and restoration/repair. Any reference to condition in a description or condition statement, shall not amount to a full accounting of condition and may not include all faults, inherent defects, restoration, alteration, or adaptation, and images may not accurately depict colors and shades, as they may appear different in print or on screen than they appear with physical inspection. The absence of a condition report does not imply that an item is free from defects or restoration, nor does reference to a defect imply the absence of other defects. 

WE DO NOT GIVE ANY REPRESENTATION, WARRANTY, OR GUARANTEE OR ASSUME ANY LIABILITY OF ANY KIND IN RESPECT OF ANY LOT WITH REGARD TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION, SIZE, QUALITY, CONDITION, ATTRIBUTION, AUTHENTICITY, RARITY, IMPORTANCE, MEDIUM, PROVENANCE, EXHIBITION HISTORY, LITERATURE, OR HISTORICAL RELEVANCE. EXCEPT AS REQUIRED BY LOCAL LAW, ANY WARRANTY OF ANY KIND IS EXCLUDED BY THIS PARAGRAPH.

Red Sky Auctions makes no representations whatsoever that the Buyer will acquire any reproduction rights thereto. 

All estimates account for the condition, rarity, quality and provenance and are based upon data from various sources, including our professional experience; estimates must not be relied upon as a prediction or guarantee of the actual selling price of a lot, or its value for any other purpose. Estimates do not include the Buyer's premium, any applicable taxes, and any other applicable charges. 

Within 14 days of the date of the auction, Red Sky Auctions will refund the purchase price to the Buyer of a lot questioning the authenticity of such lot if the Buyer provides Red Sky Auctions a written opinion by a recognized authority that the lot is not authentic and returns the property to Red Sky Auctions within five (5) calendar days of such written notice in the same condition as when sold. Red Sky Auctions reserves the right to ascertain whether the authority used by the Buyer is a recognized authority.

Red Sky Auctions reserves the right to reject any bids. The highest bidder acknowledged by the Auctioneer shall be the buyer ("Buyer"), subject to reserves. In the event of any dispute between bidders or a tie between bidders, the Auctioneer will have absolute and final discretion to identify a Buyer or re-offer the property for sale. Title to the lot passes to the Buyer upon the fall of the Auctioneer's hammer and the announcement by the auctioneer that the lot has been sold, subject to compliance by the Buyer with all other Terms & Conditions of Sale.

BUYER'S PREMIUM: The Buyer of each lot shall be required to pay the purchase price defined as the sum of the final bid price (hammer price) plus a buyer's premium plus any applicable sales tax and fees.

Unless exempt by law, the Buyer will be required to pay all applicable New Mexico State sales taxes (Gross Receipts tax). If a Buyer is exempt, proof of exemption in the form of a current Non-Taxable Transaction Certificate must be provided at registration. It is the Buyer's responsibility to pay any use tax of another state in the event the artwork purchased is shipped out of the state of New Mexico for use in that state.   

Buyer will be invoiced by email and Buyer shall pay in full for all purchases within five (5) days of the date of the auction. If full payment is not received, Red Sky Auctions reserves the right to: (1) hold the Buyer liable for the total amount due and begin legal proceedings, (2) resell the property either publicly or privately, or (3) cancel the sale. If Red Sky Auctions chooses to resell the property, and the property is resold for an amount less than the full payment due from the Buyer, the Buyer will be responsible for the difference. At Red Sky Auctions' discretion, payment will not be considered paid in full until funds have been collected and the authenticity of the bank payment has been confirmed.

Buyers shall not own the lot, and title will not pass to Buyer, until Red Sky auctions has received payment in full, in good and verified funds, even in circumstances where Red Sky Auctions has released the lot to the Buyer.

Lots may not be removed from Red Sky Auctions until the Buyer has paid in full. Subject to the foregoing, all lots are to be removed from Red Sky Auctions within seven (7) business days of the date of the invoice. Red Sky Auctions is not responsible for the packing, shipment or delivery of purchased lots.  A list of delivery and shipping companies shall be provided as a courtesy upon emailed request by Buyer; Red Sky Auctions assumes no liabilities resulting from the use of the services of these companies. Items not removed from Red Sky Auctions after seven (7) days may be subject to a storage charge of $10 per lot per day, or Red Sky Auctions may deliver said property to a public warehouse for storage at the Buyer's expense. 

Some property may be offered subject to a "Reserve" or confidential minimum price below which the lot will not be sold. In such instances the Auctioneer may exercise the reserve by bidding on behalf of the Consignor up to the reserve, either by placing consecutive bids or placing bids in response to other bidders. In no event shall the reserve exceed the low estimate listed in the catalog. Red Sky Auctions, at its discretion and as a disinterested party, may execute telephone or absentee bids as a courtesy.  Red Sky Auctions reserves the right to purchase property for itself or on behalf of another party. 

WAIVER: No failure or delay to exercise any right or remedy contained herein shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

ENFORCING THIS AGREEMENT: If a court finds that any part of this agreement is invalid, illegal, or impossible to enforce, that part of the agreement will be treated as being deleted, and the rest of this agreement will not be affected.

TRANSFERRING RIGHTS AND RESPONSIBILITIES: You may not grant a security over or transfer your rights or responsibilities under these terms unless we have given our written permission. This agreement will be binding on your successors or estate and anyone who takes over your rights and responsibilities.   

These Terms and Conditions shall be governed by, construed, and enforced in accordance with the laws of the State of New Mexico.

Bidding increments are at the sole discretion of Red Sky Auctions and the Auctioneer.

Bidding on any item indicates your acceptance of these Terms and Conditions and all other terms announced prior to or during the auction whether bidding in person, by internet, by phone, by absentee bid or through a bidder's representative.

If you have not contacted Red Sky Auctions 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 Red Sky Auctions 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.