TERMS & CONDITIONS OF THE AUCTION

The following Terms and Conditions shall apply with the Gallery 928 (“the Gallery”) Auctions and shall embody the entire agreement of the Gallery’s  its agents and consignors with the prospective bidders and buyers of the lots offered in the Gallery’s Art Auction. The lots will be offered by the Gallery as a mere agent for the consignors, unless otherwise indicated. All attendees of the auction must register in order to participate. Registration by the prospective bidder, bidder or buyer shall constitute approval and acceptance of the following Terms and Conditions of Sale. These Terms and Conditions of Sale may be amended at any time by posted notice or oral auction room announcement.

Online Bidding

Section 1.   Online bidding services will be available through Gallery 928’s website. Note these online services includes buyer’s premium outlined in Section 8 below.  The Gallery assumes no liability for errors or omissions or failure to execute such internet bids.

Telephone Bidding

Section 2.   A telephone bid service will be offered as staff and time allow as a courtesy to bidders unable to attend the auction. These bids are to be executed by the Gallery on behalf of the bidder. The Gallery assumes no liability for any errors or omissions or failure to execute such telephone bids.

Absentee Bidding

Section 3.   Absentee bids will be accepted as staff and time allow as a courtesy to bidders unable to attend the auction. These bids will be executed by the Gallery on behalf of the bidder.  The Gallery assumes no liability for any errors or omissions or failure to execute such absentee bids.

General Provisions

Section 4.   The Gallery assumes no risk, liability or responsibility beyond the limited warranty contained herein. The Gallery reserves the right to withdraw any property at any time before the auction and shall have no liability as a result of such withdrawal.

Section 5.   All properties and artworks shall be sold “AS IS, WHERE IS”. Neither the Gallery nor its consignors make any express or implied warranties or representations with respect to the property on auction or correctness of the advertisement, catalog, condition report or any other medium describing the physical attributes or authenticity of the property. Prospective bidders should inspect the lots before bidding to determine the authenticity, condition, size, restorations, and any other matters of material importance to the prospective bidder relating to the lot. Imperfections, conditions, restorations, etc. are not referenced in the catalog.

Section 6.   The Gallery will refund the full purchase price to the buyer of a lot questioning the authenticity of such lot in the event the buyer provides to the Gallery, within 14 days from the date of the auction, a written notice that the lot is not authentic and a written opinion by a recognized authority on the artist and returns the property to the Gallery within five (5) calendar days of such written notice in the same condition as when sold. The Gallery reserves the right to ascertain whether or not the authority used by the buyer is a recognized authority on the artist.

Section 7.   The Gallery and/or Auctioneer reserve the right to reject any bids. All bids are per lot as numbered in the catalog, unless otherwise announced. 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 the Gallery.

Section 8.   The Buyer of each lot shall be required to pay the purchase price for each lot defined as the sum of the final bid price (hammer price) plus a buyer’s premium plus any applicable tax. The buyer’s premium is 10% of the final bid price (hammer price) of each lot. The buyer’s premium is calculated separately for each lot. Buyers bidding through an online auction house will experience an additional buyer’s premium. 

Section 9.   Unless exempt by law, the Buyer will be required to pay any and all applicable taxes. 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 country in the event the artwork purchased is shipped out of the Philippines for use in that country.

Section 10. Payment for all purchases will be cash, check, wire transfer. Buyers will be invoiced and shall pay for their purchases within five (5) days from the date of the auction. Checks are to be made payable to “Gallery 928” or “Jeffrey Dimalanta”. Please contact the Gallery to obtain wire transfer instructions prior to the sale. The Buyer is responsible for payment of the full purchase price. If payment is not completed in full, the Gallery has the right to hold the Buyer liable for the total amount due and begin legal proceedings, cancel the sale, or resell the property publicly or privately. If payment is not completed in full, the Buyer will be responsible for the difference if successfully sold. At the Gallery’s discretion, payment will not be deemed to have been made in full until funds represented by credit cards or checks have been cleared and collected or the authenticity of bank or manager’s checks have been confirmed.

Section 11. No lot may be removed from the Gallery until the Buyer has paid in full the purchase price as defined in Section 8. Subject to the foregoing and Section 9, all lots are to be paid for and removed from the Gallery within seven (7) working days from the date of the auction.  The Gallery is not responsible for the shipment or delivery of purchased lots.  Delivery and shipping companies’ information are provided online at gallery928.com as a courtesy.  The Gallery assumes no liabilities resulting from the use of these companies’ services.  Items not removed from the gallery within fourteen (14) days of the date of the auction may be subject to a storage charge, to be determined solely by the Gallery.

Section 12. The “Starting Bid” is the “Reserve Price”. The Gallery, at its discretion and as a disinterested party, may execute orders or absentee bids as a courtesy to clients who are not present at the auction. The Gallery reserves the right to purchase property for itself or on behalf of another party.

Section 13. The Gallery makes no representations whatsoever that the Buyer of a work of art will acquire any reproduction rights thereto.

Section 14. These Terms and Conditions of Auction and procedures of auction as well as the Buyer’s and Gallery’s rights and obligations herein shall be governed by, construed and enforced in accordance with the laws of the Republic of the Philippines.

Section 15. Bidding increments are at the sole discretion of the Auctioneer but will typically follow the below pattern.

Estimate Increment
1 to 100,000 2,000
100,000 to 300,000 5,000
300,000 to 500,000 10,000
500,000 to 1,000,000 20,000
1,000,000 to 5,000,000 50,000
5,000,000 to 10,000,000 100,000
10,000,000 to 50,000,000 200,000
50,000,000 to 100,000,000 500,000
100,000,000 and above 1,000,000

Section 16. Bidding on any item indicates your acceptance of these terms and conditions and all other terms announced before or during the auction whether bidding in person, by internet, by phone, by absentee bid or through a bidder’s representative.