Fine Asian Art Auction

1. AS-IS Sale
All items are sold "AS IS, WHERE IS" AND WITH ALL FAULTS. There are no warranties or representations of merchantability of any other kind, express or implied. All artists' names and dates recorded in this catalog are not to be taken as unqualified attributions to the artists named. No attributions to any artist or date are made or intended as to authorship or date of execution. Therefore, none of the property in this catalog is subject to any guarantee of authenticity and/or provenance and all of the property is sold as-is.

All items are available for your examination prior to bidding. Your bidding will signify that you have examined the items as fully as you desire, or that you have chosen not to examine them. Images and descriptions are our opinions and should in no way be construed as a guarantee of any kind as to age, condition, materials, provenance or any other feature of items being sold. We recommend prospective bidders to examine all items in which they have an interest. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you not bid on the item in question.

We do not do refunds. All sales are final. No statement written or oral made by the auctioneer or any employee of Ink & Silk Art Gallery LLC shall be deemed a warranty or assumption of liability by Ink & Silk Art Gallery LLC or by any seller represented by Ink & Silk Art Gallery LLC. For the purposes of these Terms of Sale, the terms "bidder", "purchaser", and "buyer" are used interchangeably to refer to the prospective or successful buyer (the "Buyer").

2. Bidding and Reserves
Bidding will begin at a price appropriate in the auctioneer's discretion. The auctioneer always reserves the right to withdraw a lot for any reason. At the auctioneer's discretion, no bid of less than one half (1/2) the low estimate will be accepted from any source: phone bidding, absentee bidding, internet bidding, or bidding in the gallery, unless authorized by the auctioneer.

All lots in this catalog are offered subject to a reserve, which is the confidential minimum hammer price at which a lot will be sold. In executing a reserve, the auctioneer has the right to bid on behalf of the consignor, whether by opening bidding or continuing bidding in response to other bidders until reaching the reserve. If the reserve is not met, the auctioneer has the right to withdraw the item from the sale.

3. Sale and Transfer of Title
Once we declare that an item is sold, we cannot reopen the bidding. It is the bidder's responsibility to get our attention prior to our saying sold. When the auctioneer declares the item as sold, the title of property transfers to the Buyer.

We reserve the right to reject any bids deemed inappropriate or to withdraw any item(s) for lack of appropriate bids. If an item is withdrawn from the auction, it will be offered again only at the auctioneer's discretion.

4. Phone and Absentee Bids
All phone bidding and absentee bidder forms are held in the strictest confidence and must be received one week before the auction date. No additional phone bids can be accepted on the day of the auction.

Leaving an absentee or phone bid on a lot indicates your willingness to open the bidding at one half (1/2) the printed low estimate and gives the auctioneer the authority to open the bidding at that level.

Ink & Silk Art Gallery LLC shall have the right to withdraw any item at any time for any reason and to void any sale in the event of an error or dispute.

We make every effort to honor all absentee and phone bid reservations, but we are not liable for any losses incurred as a result of failure to execute absentee bids or failed phone reservations. Submitting absentee bids or bidding by phone does not imply an extension of credit.

5. Shipping and Delivery
Items should be shipped within one to two weeks after payment is received. Larger packages and international delivery may exceed this period.

The Buyer agrees to pay the freight cost when bidding. The shipping cost for each lot will be confirmed with the Buyer before the item is shipped by a third-party carrier.

The Buyer is solely responsible for purchasing insurance for the completed lot to avoid loss caused by damage or theft during transportation; insurance fees are not included in the transaction price and shall be paid by the Buyer separately. Ink & Silk Art Gallery LLC shall not be liable for any damage, loss, or theft incurred during transit. The risk of loss transfers entirely to the Buyer immediately upon delivery of the item to the third-party carrier.

INTERNATIONAL BIDDERS ARE RESPONSIBLE TO MEET CUSTOMS/IMPORT-EXPORT REGULATIONS. WE WILL ASSIST BUT CANNOT BE HELD LIABLE FOR INTERNATIONAL LAWS AFFECTING THE DELIVERY OF YOUR ITEMS.

6. Sales Tax
All purchases are subject to applicable sales tax unless a Resale Certificate tax form is fully and completely filled out and received prior to the time of purchase. Resale tax numbers from other states are accepted.

International buyers are responsible for tariffs, taxes, or assessments on shipped items to the Buyer's country. Items shipped out of state may not be subject to sales tax.

7. Buyer Default
Bidding on an item indicates your understanding and acceptance of these Terms of Sale. If a Buyer breaches any of these Terms of Sale, including the obligation to pay for purchased items, Ink & Silk Art Gallery LLC may seek all remedies under the law, including canceling the sale and reoffering the property without reserve.

8. Buyer's Premium
A buyer's premium will be applied to the purchase price of all items. It shall be 25% for bidding live, by phone, or by absentee bids. For online internet bidding, a 25% buyer's premium will be added to the highest bid, subject to any different rate or additional platform fees required by the applicable third-party auction platform.

9. Storage Fee
All items not picked up within three (3) months from the auction date shall be assessed a storage fee of $5.00 per day, per item. Ink & Silk Art Gallery LLC reserves the right to consider any property left uncollected for more than six (6) months as abandoned, and may re-offer or dispose of such property to cover outstanding storage and administrative costs without further notice to the Buyer.

10. CITES and Endangered Species
Please note that lots containing ivory, tortoiseshell, or other animal materials may be subject to regulations imposed by the Endangered Species Act and by the United States Fish and Wildlife Department.

Some countries prohibit the importation of property containing materials from endangered species, and prospective Buyers should familiarize themselves with relevant customs regulations prior to bidding if they intend to import these lots into another country.

The Buyer is responsible for obtaining any and all CITES permits.

The auctioneer makes no representation or warranty regarding the ability to export or import any lot. The auctioneer shall not be liable for any seizure, delay, forfeiture, or additional costs arising from customs or wildlife authorities.

11. Copyright
All photos and descriptions posted on any online platform are the property of Ink & Silk Art Gallery LLC and are subject to US copyright laws. No photo or description may be used without the advanced written approval of an authorized Ink & Silk Art Gallery LLC agent. Use of unauthorized photos and descriptions may incur penalties.

12. Severability
If, in any judicial proceeding, a court shall refuse to enforce any of the terms contained within these Terms and Conditions, then such unenforceable terms shall be deemed eliminated from the provisions hereof for the purpose of such proceedings to the extent necessary to permit the remaining separate terms contained herein to be enforced in such proceedings.

13. Amendment and Modification
These Terms and Conditions shall inure to the benefit of Ink & Silk Art Gallery LLC, its successors and/or assigns and may not be terminated, amended, or modified, except by an instrument in writing executed by Ink & Silk Art Gallery LLC.

14. Payment
An invoice will be issued showing the hammer price plus all other applicable charges, such as the buyer's premium, taxes, shipping, and any additional charges that may apply. All payments or settlements shall be made in US dollars.

Buyers may only collect lots after full payment is made. If payment is made by check or draft, lots will only be released after complete bank clearance. We accept payment by wire transfer, check, and credit card (the Buyer is responsible for any applicable credit card processing or transaction fees). A $50 fee applies to bounced checks.

If the Buyer refuses to pay the invoice after a successful bid, the liquidated damages shall be 30% of the hammer price, which shall immediately become due and payable by the Buyer. If the Buyer fails to complete payment within 15 days, Ink & Silk Art Gallery LLC has the right to dispute the unpaid lot, cancel the transaction, and pursue all available legal remedies.

In order to ensure secure payment processing, all invoices exceeding $5,000 must be settled exclusively via bank wire transfer (ACH) or certified check. This policy has been implemented to safeguard financial transactions and minimize the risk of fraudulent activities or unauthorized transactions.

15. Governing Law and Dispute Resolution
These Terms of Sale shall be governed by, and construed in accordance with, the laws of the State of Georgia, without regard to its conflict of law principles.

All disputes and claims arising out of or relating to events and actions covered herein, brought by or against Ink & Silk Art Gallery LLC, shall be resolved through mediation or binding arbitration in accordance with the rules of the American Arbitration Association (AAA). Any such mediation or arbitration proceedings shall take place exclusively in Gwinnett County, Georgia.