Celebrating African Tribal Art

LOZO GALLERY ? TERMS AND CONDITIONS OF SALE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY REGISTERING FOR ANY AUCTION OR PLACING ANY BID, YOU ENTER INTO A BINDING CONTRACT WITH LOZO GALLERY ("LOZO GALLERY," "WE," "US") AND AGREE TO BE BOUND BY THESE TERMS OF SALE.
LoZo Gallery is not responsible for accidental bids placed by bidders or for bids not retracted prior to the start of the auction.
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1. CONDITION OF PROPERTY ? SOLD "AS IS"
EVERY LOT IS SOLD "AS IS," "WHERE IS," AND ALL SALES ARE FINAL. LoZo Gallery makes no guarantee or warranty, express or implied, as to date, signature, origin, attribution, provenance, condition, or authenticity of any lot, and disclaims all warranties of merchantability and fitness for a particular purpose. Attributions of ethnic origin, age, use, and cultural significance, particularly for African, tribal, and other ethnographic material, are matters of scholarly opinion only. The bidder is solely responsible for determining the age, condition, origin, authenticity, and value of any item before bidding.
LoZo Gallery will attempt to describe every lot accurately and to point out visible defects but shall not be responsible for any errors or omissions in any description, condition statement, attribution, or estimate. All measurements are approximate (rounded to within 0.5 inches). PLEASE EXAMINE ALL PHOTOGRAPHS: damage may be shown in photographs but not stated in the description. By placing a bid, you signify that you have examined the lot as fully as you desire, or that you have chosen not to examine it.
Any statement made by LoZo Gallery, whether in a catalogue, condition report, or otherwise, is strictly an opinion, and LoZo Gallery shall have no liability for errors or omissions therein.
2. ESTIMATES
Pre-sale estimates are statements of opinion only and are not a prediction or guarantee of selling price or value. Estimates do not include the Buyer's Premium or taxes.
3. RESERVES
Bidders should assume that all lots are offered subject to a reserve, being the confidential minimum price below which the lot will not be sold.
4. CONDUCT OF THE AUCTION; AUCTIONEER'S DISCRETION
LoZo Gallery reserves the right, in its sole discretion, to: (a) withdraw any lot before or during the sale; (b) refuse to register any bidder or to reject, refuse, or revoke any bid; (c) set and vary bidding increments; (d) advance the bidding on behalf of the seller up to the amount of the reserve; (e) in the event of any dispute or tie between bids, determine the successful bidder, reopen the bidding, or re-offer and resell the lot; and (f) postpone or cancel the auction in whole or in part. The auctioneer's decision in all matters relating to the conduct of the sale is final and binding.
5. INVOICES AND PAYMENT
Invoices will be sent by e-mail shortly following the auction. Payment of each invoice is due upon receipt. You agree to pay the total Purchase Price, which includes: (a) the Hammer Price; (b) the Buyer's Premium; (c) any applicable sales tax; (d) credit card processing or bank wire fees; and (e) "Buyer Costs," which may include late-payment charges, storage charges, and other costs, damages, or charges assessed in accordance with these Terms.
Acceptable forms of payment: credit card (processed through LiveAuctioneers, which charges a processing fee), money order, cashier's check, and bank wire transfer (add $20.00 bank wire fee). If payment is made by check, LoZo Gallery reserves the right to hold all purchased lots until the check has cleared. A service charge of $35.00 applies to any returned check.
Automatic card charge. If you have a card on file with LiveAuctioneers and have not contacted LoZo Gallery to arrange another form of payment, the card on file will be charged the invoice amount approximately 72 hours after the invoice is sent. The automatic charge of a card on file is a convenience and does not extend or replace the payment obligations or default provisions of these Terms.
6. BUYER'S PREMIUM
A Buyer's Premium of 15% of the Hammer Price will be added to each lot.
7. SALES TAX
Purchases may be subject to sales tax. Pennsylvania sales tax (6%) applies to lots delivered or picked up in Pennsylvania. Lots shipped by common carrier to a destination outside Pennsylvania will not be charged Pennsylvania sales tax. Tax-exempt buyers must submit a valid Pennsylvania Exemption Certificate (Form REV-1220) to LoZo Gallery before payment is processed.
8. TRANSFER OF RISK AND TITLE
Upon the fall of the hammer (or, in the case of an online sale, the close of bidding), the successful bidder becomes the buyer of the lot, and all risk and responsibility for the purchased property passes immediately to the buyer, including all costs and expenses of handling, storage, shipping, insurance, and export. From that moment, the buyer shall be liable for any loss of or damage to the property, howsoever caused, and LoZo Gallery shall in no event be responsible for any damage or loss occurring after the property is released to the buyer or the buyer's shipper.
Notwithstanding the foregoing, title to the property shall remain with the seller and shall pass to the buyer only upon the seller's receipt in full of cleared funds for the Hammer Price, the Buyer's Premium, and all applicable taxes and charges. Until such receipt, the buyer acquires no ownership interest in the property, and the property shall not be released to the buyer or the buyer's shipper.
9. DEFAULT; REMEDIES
If the buyer fails to make payment in full within seven (7) days of the sale, LoZo Gallery may, at its sole discretion: (a) cancel the sale and retain or resell the property, with the buyer remaining liable for any deficiency between the original Purchase Price and any resale price, together with the costs of resale; (b) offer the lot to the underbidder; (c) charge interest and late-payment charges on the unpaid balance; (d) suspend or revoke the buyer's bidding privileges in current and future sales; and/or (e) pursue any other remedy available at law or in equity. Any partial payment received may be applied first to costs incurred by reason of the buyer's default.
10. CHARGEBACKS
Initiating a credit card chargeback or payment reversal with respect to any properly invoiced purchase constitutes a breach of these Terms. The buyer remains liable for the full Purchase Price together with all fees, costs, and reasonable attorneys' fees incurred by LoZo Gallery in connection with the chargeback. All sales being final and "as is," dissatisfaction with a lot is not a valid basis for a chargeback.
11. SHIPPING
LoZo Gallery does not provide in-house shipping. All shipping is handled through LiveAuctioneers. All packing, shipping, insurance, and related costs are the sole responsibility of the buyer. LoZo Gallery is not responsible for the acts or omissions of any carrier or shipper.
12. STORAGE AND ABANDONMENT
Lots must be picked up or shipping arranged within thirty (30) days of payment in full. After thirty (30) days, LoZo Gallery may charge storage of $5.00 per lot per day. Any lot not collected within ninety (90) days of payment may, at LoZo Gallery's discretion and after written notice to the buyer's e-mail of record, be deemed abandoned, and LoZo Gallery may resell or otherwise dispose of the lot without further liability to the buyer, applying any proceeds first to storage and sale costs.
13. EXPORT, IMPORT, AND ENDANGERED SPECIES
The buyer is solely responsible for all matters related to the export or import of any purchased property, including without limitation compliance with all requirements, restrictions, declarations, customs, duties, tariffs, and export or import licenses or permits, whether of the United States or of any other jurisdiction.
Lots may contain regulated wildlife or plant materials, including, without limitation, ivory, bone, horn, tortoiseshell, coral, feathers, animal hide, gut, or protected woods, that are subject to the U.S. Endangered Species Act, the Convention on International Trade in Endangered Species (CITES), and the laws of individual states and foreign jurisdictions, some of which prohibit or restrict sale, resale, export, or import of such materials. LoZo Gallery makes no representation that any lot may lawfully be exported from the United States or imported into any other jurisdiction. Failure or inability to obtain any license or permit, or any restriction on export, import, or resale, does not justify cancellation or rescission of the sale or any delay in payment of the full Purchase Price.
14. INDEMNITY
You agree to indemnify, defend, and hold harmless LoZo Gallery, its officers, directors, employees, and agents, and their successors and assigns, from and against any and all claims, actions, damages, losses, liabilities, and expenses (including reasonable attorneys' fees and costs) relating to the breach, or alleged breach, of any of your agreements, covenants, representations, or warranties contained in these Terms.
15. LIMITATION OF LIABILITY
In no event shall LoZo Gallery's total liability to any buyer arising out of or relating to any lot or these Terms exceed the Purchase Price actually paid by that buyer for the lot in question. In no event shall LoZo Gallery be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, however arising. The buyer's sole and exclusive remedy, if any, is rescission of the sale of the lot and refund of the Purchase Price actually paid.
16. GOVERNING LAW; VENUE
These Terms, and any dispute arising out of or relating to them or any sale hereunder, are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws rules. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Venango County, Pennsylvania, and waive any objection to such venue.
17. GENERAL
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. These Terms constitute the entire agreement between LoZo Gallery and the bidder with respect to the subject matter hereof and supersede all prior understandings. LoZo Gallery may amend these Terms for future sales by posting revised terms. No failure to enforce any provision shall constitute a waiver.
By registering for this sale and bidding on any item, all bidders enter into a contract and agree to abide by and accept these Terms of Sale.