The following Conditions of Sale and, if applicable, the Absentee/Telephone Bid Form in the back of
the catalog, whether printed or on website, as they may be amended by any posted notices or oral
announcements before or during the sale, from Barridoff Galleries’ and its consignors’ entire
agreement with the buyer relative to the property listed herein. By participating in the sale, all bidders
agree to the terms hereof.
1. Barridoff Galleries acts as an agent for its consignors and the contract for sale is between the
consignor and the buyer. Barridoff Galleries may reject any bid for any reason. Items are sold with
reserve, and Barridoff Galleries may reject any bid below the reserve. The auctioneer may bid on
behalf of the consignor or of Barridoff Galleries. Barridoff Galleries reserves the right to withdraw any
property at any time before its actual sale. The buyer will be the highest bidder acknowledged by the
auctioneer. Barridoff Galleries has the authority to decide any disputes over the auction process in
its sole discretion, and its decision shall be final and binding. As a convenience to clients who cannot
attend a sale in person, Absentee/Telephone bid forms are found by the link on the Barridoff
Galleries home page. Barridoff Galleries is not responsible for errors and omissions in connection
with telephone, Internet, or other absentee bidding.
2. Provenances are included in the catalog to the extent they are available. Estimates are included with
each lot. (See note on estimates in paragraph 8.) Statements of condition may be provided herein.
These statements are merely the opinion of Barridoff Galleries and may not be taken as statements
of fact to substitute inspection of the painting by the buyer themself. Barridoff Galleries, however, will
endeavor to answer to the fullest extent possible any reasonable question, subject to the disclaimers
below. The auctioneer may make corrections and provide additional information as available at the
time of sale.
3. Statements in the catalog and any other information provided by Barridoff Galleries and any of its
employees are opinions; Barridoff Galleries and the consignors are not responsible for errors and
omissions therein. Barridoff Galleries makes no representation or warranty with respect to and is not
responsible for the description, quality, condition, or authenticity of any items sold, and makes no
warranty as to merchantability or fitness for a particular purpose. All items are sold “AS IS, WHERE
IS.” Prospective bidders should inspect the property before bidding to determine its condition, size,
and whether or not is has been repaired or restored. No representation or warranty is made as to
copyright of any property or whether the buyer acquires any reproduction rights of the property.
4. Barridoff Galleries charges the buyer a premium to be added to the hammer price on each item
purchased. This premium is equal to 22% of the hammer price up to and including $ 500,000.00, plus
17% of the hammer price over $ 500,000.00. The premium when bidding online is 27%. A discount of
2% of the hammer price shall be given to any item paid for and removed from the premises of the
auction by the buyer or buyer’s representative on the day of the sale.
5. Upon the fall of the auctioneer’s hammer, title to the item passes to the highest bidder, subject to the
terms hereof, who is bound by the sale and assumes full risk and responsibility therefore. Buyer
authorizes Barridoff Galleries to sign a sales record, which shall be conclusive as to the terms of the
sale, on buyer’s behalf. Payment is due within 24 hours of the conclusion of the auction. Barridoff
Galleries is not responsible for any loss by the buyer as a result of the damage or theft of an article subsequent to purchase. Payment for each item purchased must be made before the item is
removed. Only cash, certified check or verified credit card will be acceptable unless other suitable
arrangements have been made with Barridoff Galleries at least five days before the auction. If
payment is not received within 24 hours of the conclusion of the auction, the purchase may be
forfeited, the item may be sold to another customer and buyer’s bidding privileges may be
suspended, with buyer responsible for any costs or damages incurred therein by Barridoff Galleries.
If auction purchases are not paid for and removed from the premises within 5 business days after
the sale, additional charges may apply, including late fees, storage or shipping charges.
6. If the buyer does not comply with any applicable conditions herein, Barridoff Galleries and the
consignor shall have all of the following rights and remedies, in addition to their other remedies at
law or in equity: the right a) to hold the buyer liable for the total purchase price plus interest of 1 ½ %
per month; b) to cancel the sale and retain as liquidated damages all payments made by the buyer;
c) to resell the property, in which case the buyer shall be liable for any deficiency, cost, including
handling charges, the expenses of both sales, commissions on both sales and all other charges and
incidental damages; d) to charge 1% of the total purchase price per month, with a minimum charge
of 5%, to handle any property not timely removed; e) to exclude buyer and its affiliates from all future
auctions; and f) to set off any amounts Barridoff or consignor owes the buyer. All buyers shall be
deemed to have granted to Barridoff Galleries and its consignor as collateral for buyer’s obligations
hereunder a security interest in any property of the buyer purchased from Barridoff Galleries or in the
possession of Barridoff Galleries or its consignor, who shall have all of the rights of a secured party
in Maine and the law of the location of the property. Barridoff Galleries shall have all of the rights of
the consignor to pursue all rights and remedies hereunder, and Barridoff Galleries and its consignors
shall be entitled to all of their costs, including reasonable attorney’s fees, in enforcing their rights and
remedies hereunder. Buyer waives any and all rights it may now or in the future have under any
Maine law governing unclaimed or abandoned property.
7. Disputes on the grounds of authenticity subsequent to sale must be made within 15 days of the
auction and must be supported by the written testimony of at least two recognized experts in the field
with respect to the specific artist involved. Only if the disputed article is in the same condition as
when sold will a rescission of the sale be considered. In the event Barridoff Galleries agrees to
rescind the sale, which decision shall be at Barridoff Galleries’ sole discretion, the original purchase
price shall be refunded to the buyer. Such rescission and refund is exclusive and in lieu of any other
remedies which might otherwise be available as a matter of law. In no event shall Barridoff Galleries’
or its consignor’s liability exceed the purchase price of the item sold.
8. Estimates. The high and low estimate given for an item are solely a guideline based upon Barridoff
Galleries’ approximation as to the range within which an item may be sold for at auction. The reserve
price below which an item may not be sold is never higher than the low estimate, and sometimes is
far lower than the low estimate. An estimate is not a statement of value or selling price of an item
and Barridoff Galleries makes no guarantee, representation, or agreement as to the value or selling
price of an item more than the Galleries’ opinion of the item’s possible auction price.
9. Sales tax. All purchases are subject to Maine sales tax (5.5%) unless the buyer provides a sales tax
exemption number either from or acceptable to Maine Revenue Services and presents to Barridoff
Galleries at or before the auction a valid signed certificate from the Services stating that Barridoff
Galleries does not have to withhold Maine sales tax on the purchase. Maine sales tax is applicable
to the full purchase price as determined by the hammer price plus premium. Purchases shipped from
the state by out-of-state buyers are subject to Maine sales tax unless the buyer provides a valid
state-issued resale certificate and a properly executed Uniform Sales/Use Tax Certificate
issued by the Multi State Resale Commission.The descriptions used in this catalog may not be reproduced in any manner without the written
authorization of Barridoff Galleries.
The Uniform Commercial Code Title 11, Section 2-328 applies to this auction sale. These conditions
of sale are governed by and shall be interpreted under Maine law, and any conflicts hereunder shall
be decided in the state and federal courts located in Cumberland County, Maine, and all bidders
submit themselves to the jurisdiction thereof. The regulating authority of this auction is the Board of
Licensing of Auctioneers, 35 State House Station, Augusta ME 04333-0035.
Unless agreed otherwise in writing between Barridoff Galleries and the buyer, these terms and
conditions, whenever applicable, apply to all private sales, post auction sales and any other
transaction between the parties not conducted at the auction sale.