Conditions of Business
These Conditions of Business govern the relationship between (i) you as the bidder and/or the buyer of a lot or lots on Thirdman.auction (the “Site”) (ii) Thirdman sarl (“Thirdman.auction”, “we”, “us”, or “our”) acting as agent for the seller and providing services to the bidder and/or the buyer, and (iii) Thirdman.auction as the owner and operator of the Site.
These Conditions of Business, which set out the terms on which Thirdman.auction contract with you, and all other terms and conditions applicable to the sale of lot(s) offered on the Site and displayed or linked to the lot page on the Site (the “Additional Terms”), form the entire agreement between you, Thirdman.auction. In the event of a conflict between these Conditions of Business and the Additional Terms, the Additional Terms shall prevail. These Conditions of Business, which set out the terms on which Thirdman.auction contract with you, and all other terms and conditions applicable to the sale of lot(s) offered on the Site and displayed or linked to the lot page on the Site (the “Additional Terms”), form the entire agreement between you, Thirdman.auction and the Seller. In the event of a conflict between these Conditions of Business and the Additional Terms, the Additional Terms shall prevail. We have the right to amend these Conditions of Business and the Additional Terms from time to time, and we shall inform you of any such amendments by posting notices on the Site. You should read these Conditions of Business and any Additional Terms carefully before participating in our sales. By registering to bid on the Site, you acknowledge that you are bound by these Conditions of Business and any Additional Terms.
1. Thirdman.auction as Agent
Unless otherwise indicated, Thirdman.auction acts as an agent for the Seller. If you buy a lot on the Site, the contract of sale of the lot is concluded directly between you, as the buyer, and the Seller. Separately, Thirdman.auction provides certain services to you in connection with your bidding on, and buying, the lot.
2. Organization of the bidding during the auction
Thirdman.auction is an online platform where you can buy fine & décorative art, antiques, and collectibles. You can buy property through the Site. you can purchase the lot at the best price without taking part in any bidding by leting Thirdman.auction treating your offers on your behal during the sale. The date and time when the auction commence and end is clearly displayed on the Site.
3. Property Details
Lots are sold on the Site subject to the Limited Authorship Guarantee (set out in Paragraph 20 below), and in the condition that they are in at the time of the sale on the following basis.
(a)The information provided on the Site in relation to lots offered for sale is dependent on information provided to us by the Seller, and Thirdman.auction is not able to and does not carry out exhaustive due diligence on each lot. In particular, when we do not take possession of the lot, we do not have the opportunity to inspect its physical condition, and we rely on the images of the lot and other information provided by the Seller to describe it on the Site. You acknowledge that our and your ability to conduct due diligence on lots is limited, and you accept that when bidding and/or buying a lot on the Site, you rely on information provided by the Seller. Notwithstanding the foregoing, we shall exercise reasonable care when describing a lot on the Site in light of (i) the information provided to us by the Seller; (ii) scholarship and technical knowledge and (iii) the generally accepted opinions of relevant experts, in each case as is reasonably available to Thirdman.auction at the time of the sale taking into account the number of lots posted by Thirdman.auction on the Site and the limited amount of time available to Thirdman.auction to post such lots.
(b)You may contact Thirdman.auction to inspect the lot to satisfy yourself as to its condition and description before making offers to purchase. Inspections are granted on a discretionary
basis and are contingent on the nature and the location of the lot. We offer no guarantee that the lot you wish to inspect will be available for inspection. If you decide to make an offer for a lot you have not inspected prior to making the offer, you acknowledge that you do so at your own risk.
(c)You acknowledge that many lots are of an age and type, which means that they are not in perfect condition. Lots may have other faults and imperfections not expressly referred to in the lot description on the Site or in a condition report. All dimensions are approximate. Illustrations are for identification purposes only and cannot be used as precise indications of size or convey full information as to the actual condition of lots.
(d)The description of lots on the Site may include references to condition. Additionally, upon request, we may provide a report on the condition of a lot. If the lot is not in our possession when the condition report is requested, we may facilitate the provision of a condition report by the Seller. Alternatively, we may facilitate the commissioning of a condition report by the prospective bidder. The provision of a condition report may not be practical, given time constraints, the physical location of the lot and other considerations. The condition of lots can vary widely due to factors such as age, previous damage, restoration, repair and wear and tear. Their nature means that they will rarely be in perfect condition. Lots are sold in the condition they are in at the time of the sale. Any reference to condition on the lot page on the Site will not amount to a full description of condition, and images may not show the condition of the lot clearly. In particular, colours and shades may look different in print or on screen to how they look in real life. Condition reports may help you evaluate the condition of a lot. They are provided free of charge as a convenience to prospective bidders and are for guidance only. They may not refer to all faults, restoration, alteration or adaptation because our staff are not professional restorers or conservators, accordingly condition reports posted on the lot page on the Site or provided by us simply record the result of a cursory visual inspection of the lot. For that reason they are not an alternative to examining a lot in person or taking your own professional advice. It is your responsibility to ensure that you have received and considered any condition report. The description of a lot on the Site is not a warranty and Thirdman.auction does not accept any liability whatsoever for any condition report and prospective bidders’ reliance on them.
(e)Information provided to you in respect of any lot, including any representation or description on the Site, in a condition report or elsewhere, is not a representation of fact but rather a statement of opinion held by the Seller and/or Thirdman.auction.
(f)Save for the Limited Authorship Guarantee and without prejudice to any mandatory obligation placed on us and/or the Seller by applicable law, all lots are sold "AS IS" without any representations or warranties by us or the Seller as to merchantability, fitness for a particular purpose, the correctness of the description of the lot including but not limited to its physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical relevance and no statement anywhere, whether oral or written, whether made on the Site or elsewhere, shall be deemed such a representation or warranty.
4. Participating in the Sale
(a)Thirdman.auction has absolute discretion to deny participation in a sale on the Site.
(b)You must register to leave bids on the Site for Thirdman.auction to participate to auctions and purchase a lot on your behalf. In order to register, you will be asked to supply the information requested on our registration page for verification purposes only. Registrants must be 18 or over to be represnted in an online auction. To leave a bid on a lot, you will need to provide your credit card information. We will execute a $1.00 authorization or temporary charge on your credit card to verify that your credit card is valid and active. This authorization does not cost you anything and will expire in a few days. Once you are registered on the Site, you can view and edit your information by hovering over the human symbol and then clicking on ‘Account’ in the menu.
Once you have completed the "Check Out" process for a lot, made the deposite of 5% of you maximum bid, and Thirdman.auction has confirmed to you receipt of your deposite through Stripe or Paypal, you will have completed your registration for Thirdman.auction to bid on your behalf at auction on the lot.
(i)You must enter a bid amount equal to or greater than the amount displayed below the "Place Bid" field, then click on the "Place Bid" button. You will be asked to provide your credit card number and personal data before you can place a bid. Once you have placed your bid, y will receive an email confirmation of your bid. The Site will treat your bid as your "Maximum Bid". In other words, if your bid exceeds the next bidding increment, the Site will keep you in the lead by placing automatic bids on your behalf in response to other bids up to your "Maximum Bid". As the auction proceeds, the Site will process bids it receives and execute them in the order in which they are received. The Site will increase your bid by increments only as much as necessary to maintain your position as the highest bidder. You will be notified by email if a bid exceeds your "Maximum Bid", to give you the opportunity to place a new, higher, bid. Your "Maximum Bid" amount if in excess of the next bidding increment, does not necessarily mean you will pay that amount for the lot. You may end up paying less, depending on how many other bids are received for the lot and the amount of those bids. If the lot has a Reserve Price (as defined below), and your "Maximum Bid" meets or exceeds the Reserve Price, the Site will automatically bid on your behalf at the Reserve Price (and not at the next bidding increment unless the next bidding increment and the Reserve Price are the same). Thereafter, the Site will execute bids on your behalf against other bidders.
(iii)The highest bid on a lot from an authorized bidder when the timed auction closes will be the winning bid. If there is more than one highest bid on a lot received from an authorized bidder at the end of the timed auction, the highest bid first placed on the Site will be the winning bid.
(iv)By clicking on the button "Confirm Bid" on the "Confirm Your Bid" page, you will be deemed to have made an irrevocable offer to buy the lot for a price up to the amount shown as your current bid on that page. If you become the winning bidder, we will notify you by email, and a binding sale contract will automatically be concluded between you as the buyer, and the Seller of the lot. Through the auctionroom incharge The price will be the amount shown on the email confirmation, plus additional charges. You will then be required to complete your purchase. Failure to complete your purchase will amount to a breach by you of the sale contract.
(v)You are requested to log in as soon as possible after the conclusion of the auction to obtain details on the outcome of any bids you may have placed by checking "Items You Won" under the "Account" section of the Site and to complete the "Check Out" process by providing us the information requested, including your shipping address, and making payment using one of our payment methods.
(vi)Bidding generally opens below the low estimate and advances in increments as follows, subject to Thirdman.auction s discretion:
Most of the time : 20, 50, 80, 100 200, 500, 800, 1’000 2'000. 5'000, 8'000. 10’00
12’000,15’000,18'000, 20'000, 30'000, 40'000 up to 100’000 120'000, 150'000, 180'000, 200'000 etc… up to 500’000 then 500'000, 800'000, 1'000'000 etc,,,
1,200'000, 1'500'000 etc..
Thirdman.auction may vary the increments above during the course of an auction at our discretion.
(e)When placing a bid online, you accept personal liability to pay the Total Amount Due defined in Paragraph 6.1.1(a) below.
(f)By participating in our auctions, you represent and warrant that any bids placed or offers made by you are not the product of any collusive or other
(g)The provision of the online platform enabling your participation in the sale is a free service provided by Thirdman.auction. While it undertakes to exercise reasonable care in
providing the service, Thirdman.auction does accept any liability for failure to allow you to execute any offer or bid.
(h)Employees of Thirdman.auction may participate in auction sales on the Site.
(i)Broadband or other internet capacity constraints, corporate firewalls and other technical problems beyond our reasonable control may create difficulties for some registered users including but not limited to accessing sales, placing bids, receiving emails and making online payments. Errors may occur in the quality of digital images. Thirdman.auction accepts no liability for such difficulties or errors.
5. Conduct of the Sale
(a)Unless indicated otherwise, all lots on Thirdman.auction’s auctions are offered with a reserve price. A reserve price is the confidential minimum selling price agreed between the auction room and the Seller and below which the lot cannot be sold (the "Reserve Price"). The Reserve Price will not exceed the low
(b)Certain lots offered on the Site may be owned by Thirdman.auction or its affiliated companies.
(c)Occasionally, Thirdman.auction or one of its affiliated companies may have a direct financial interest in a lot offered on the Site.
(d)Thirdman.auction reserves the right to reject, revoke or refuse to accept any bid at any time before, during or after any auction. If any dispute arises after the sale, our sale record is conclusive.
(e)Thirdman.auction reserves the right to restart a sale or to restart bidding on any particular lot if we consider it is appropriate and reasonable to do so. Thirdman.auction shall have no liability whatsoever for any such action taken by us. If any dispute arises after the sale, our sale record is conclusive.
(f)Thirdman.auction reserves the right, at our sole discretion, to withdraw any lot from the sale, whether prior to or during the auction, and shall have no liability whatsoever for any such withdrawal. If any dispute arises after the sale, our sale record is conclusive.
(g)Our sales will usually be conducted in curencies and all payments are due, and must be made, in the currency of the location of the auction.
(h)The sale of a lot after sale shall incorporate these Conditions of Business, as if sold in the auction.
6. Payment of the Total Amount Due
(a)In addition to the winning bid price of the lot, the buyer is liable to pay the auction room incharge the buyer’s premium, the shipping costs (as set out in Paragraph 10 below) and the Loss Damage Coverage (as defined in Paragraph 11 below), plus any applicable sales tax, use tax, VAT or other tax due (collectively, the "Total Amount Due").
(b)The buyer’s premium is between 20% and 30% of the winning bid price. Thirdman.auction charges the deposite made to register the offer on lots bought on your behalf by Thirdman.auction at auction. We reserve the right to pay from our commission an introductory commission to any third party who assisted us in sourcing or selling the lot.
(c)All applicable taxes are payable in accordance with applicable law. All prices, fees, charges and expenses set out in these Conditions of Business are quoted exclusive of applicable taxes.
(d)You may be liable to pay additional taxes and charges such as import VAT and customs duty if the lot is shipped to the country you designate. Thirdman.auction shall not collect and pay these additional taxes and charges on your behalf and they are your sole responsibility.
(e)You must pay the Total Amount Due in a timely manner, and full payment on time is of paramount importance to the Seller and Thirdman.auction (time is of the essence). If you buy a lot using the After sale feature, you must complete the checkout process immediately after getting the approuval of your offer by the auction house in charge or the lot will be remain available for sale to other users until checkout is successfully completed and payment is made. You will pay your lot by wire transfer, you must make payment within five (5)
Business Days of the end of the auction. A "Business Day" is a day when banks are open for business in Switzerland, excluding Saturdays, Sundays and public holidays. If you fail to make payment of the Total Amount Due within five (5) Business Days of the end of the auction, you irrevocably authorize Thirdman.auction, at our sole discretion, to charge you for any outstanding portion of the Total Amount Due using any payment method you have provided to Thirdman.auction at any time, including credit card.
(f)Payment must be made in the currency of the auction by credit card or wire transfer as follows for any lots bought through Thirdman.auction
(i)P8H, Inc. accepts American Express, Visa and MasterCard. A processing fee will apply.
(ii)Payment by wire transfer may be made directly to Thirdman.auction. When making payment by wire transfer, you must quote the relevant sale and lot number. Bank transfer details:
Bank: Credit Suisse
Account: Thirdman sarl - Consignor Receipts
Bank Account No:
(g)Credit Card purchases may not exceed CHF 150,000 per purchase. In the event a credit card charge is not approved, the buyer remains personally liable to Thirdman.auction for all amounts due. If you make an unjustified credit card or debit card charge or chargeback then you will be liable to pay Thirdman.auction within seven (7) days following our written request:
(i)an amount equal to the amount of the chargeback;
(ii)all third party expenses incurred by us in relation to the chargeback (including charges made by our or your bank or payment processor or card issuer;
(iii)an administration fee of $50.00; and
(iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Clause (g) (including without limitation legal fees and debt collection fees).
(h)Where a separate shipping invoice is issued to you, you will have five (5) Business Days from the date of the invoice to settle it in the manner described in Paragraph 6.1.1(f)(i) or (ii) above.
(i)If you have any questions about payment, please contact us by email :
[email protected] Thirdman.auction.
(j)Additional Information on Payments. Please note that the auction room concerned will not accept payments for purchased lots from any party other than the purchaser, unless otherwise agreed between the purchaser and the auction room prior to the sale. It is against auction house’s general policy to accept payment in the form of cash. It is Thirdman.auction ‘s policy to request any new clients to provide: verification of identity (by providing some form of government issued identification containing a photograph, such as a passport, identity card or driver’s license), confirmation of permanent address and identification of the source of the client’s funds.
7. Transfer of Ownership
(a)Ownership of a lot will pass to the buyer when the auction room receives payment of the full price of the lot, the buyer’s premium, any applicable sales tax, use tax, VAT or other tax due of the lot, and the buyer’s premium (collectively, the “Purchase Price”) in cleared funds.
8. Transfer of Risk
(a)Risk of loss or damage to a lot shall pass from the Seller to the buyer on the date when the auction room receives the full Purchase Price in cleared funds.
(a)Delivery to the buyer of a lot purchased on the Site occurs when the lot is handed over to the shipper by the auction room for packing and shipping.
(b)Auction room’s are not obliged to release a lot to the shipper, and they may withhold delivery of the lot, until they have received the Total Amount Due in cleared funds, the buyer has paid all outstanding amounts due to the auctionroom or any of its affiliated companies, and relevant
10. Packing and Shipping
(a)Thirdman.auction will facilitate the packing and shipping of lots purchased on the Site, no matter where the Seller and the buyer are located. Our bidding page indicates the country from where the lot will be shipped.
(b)Thirdman.auction does not pack and ship lots. We will, on your behalf and at your expense, procure packing and shipping services by third party shippers. The shipper will pack and ship the lot as your agent to the address designated by you.
(c)Our standard shipping timeline from payment for lot and shipping fees to delivery is three
(3) to four (4) weeks for shipments within the continental United States or domestic UK; six
(6) to eight (8) weeks for all other shipments.
(d)Your shipment will be managed by one of Thirdman.auction s shipping partners. Most lots are shipped by FedEx.
(e)The buyer is liable to pay all packing and shipping costs incurred in relation to lots bought on the Site. If the shipment of a lot is not automated on the Site, our shipping department will contact you separately to arrange shipment and provide you with details of the shipment costs. We will issue you a separate shipping invoice, and you will be required to settle it within seven (7) Business Days of the date of the invoice. We will only process the shipment after receiving full payment of the Total Amount Due in cleared funds for the lot.
11. Remedies for
(a)Without prejudice to any rights the auction room may have, if the buyer without prior agreement fails to make payment of the Total Amount Due for a lot as provided in these Conditions of Business, the auction room may in its sole discretion exercise one or more of the following remedies: (i) charge a cancellation fee of twenty percent (20%) of the hammer price using any payment method the buyer has provided to Thirdman.auction at any time, including credit card. (ii) store the lot at auction house’s premises or elsewhere at the buyer’s sole risk and expense (iii) cancel the sale of the lot, retaining any partial payment of the Total Amount Due as liquidated damages; (iv) reject future bids or orders from the buyer or render such bids or orders subject to payment of a deposit; (v) charge interest at 12% per annum from the date payment became due until the date the Total Amount Due is received in cleared funds; (vi) exercise a lien over any of the buyer’s property which is in the possession of the auction house and instruct the Seller or any of our affiliated companies to exercise a lien over any of the buyer’s property which is in their possession and, in each case, no earlier than 30 calendar days from the date of written notice to the buyer, arrange the sale of such property and apply the proceeds to the outstanding amount owed to the Seller or any of our affiliated companies after the deduction from sale proceeds of our standard vendor’s commission and all
proceedings to recover the Purchase Price due for the lot, together with interest and the costs of such proceedings (including but not limited to legal fees); (ix) set off the outstanding amount remaining unpaid by the buyer against any amounts which we or any of our affiliated companies may owe the buyer in any other transactions; (x) release the name and address of the buyer to the Seller to enable the Seller to commence legal proceedings to recover the amounts due, interest and legal costs or (xi) take such other action as we deem necessary or appropriate.
12. Export and Import Controls; Shipping Restrictions
(a)Before bidding or placing an order for any lot, you are advised to make your own inquiries as to whether a license is required to export or import the lot. It is your sole responsibility to identify and obtain any necessary export, import, firearm, endangered species or other permits for any lot purchased on the Site. Neither Thirdman.auction nor the Seller make any representations or warranties as to whether any lot is or is not subject to export or import restrictions or any embargoes. Any delay in obtaining or the denial of any permit or license shall not justify cancellation or rescission of the sale or any delay in payment.
(c)Lots made of, or including (regardless of percentage), endangered species of wildlife are indicated on the Site. This material includes, among other things, ivory, tortoiseshell, crocodile skin, rhinoceros horn, whalebone and certain species of coral, together with Brazilian rosewood. Several countries refuse to allow the importation of property containing these materials, and other countries require a license from regulatory agencies in the countries of exportation or importation. By way of example only, the United States prohibits the importation of any item containing African elephant ivory. It is your sole responsibility to check applicable laws and regulations before bidding on any lot containing wildlife material. Identifying endangered species of wildlife in a lot is not straightforward and notices in the lot description on the Site merely reflects Thirdman.auction’s reasonable opinion and are for the bidder’s general guidance only. You rely on such notices at your risk.
(d)Upon request, Thirdman.auction is willing to assist the buyer in applying for the appropriate licenses or permits. However, there is no assurance that an export license or certificate can be obtained.
13. Data Protection
(a)In connection with sales promoted on the Site and related services, or as required by law, Thirdman.auction may ask you to provide personal data. Thirdman.auction may take and retain a copy of
(b)In order to provide our services, we may disclose your personal data to third parties, including professional advisors, shippers and credit agencies located anywhere in the world, including to countries which may not offer equivalent protection of personal information to
14. Exclusions and Limitations of Liability
(a)Subject to Paragraphs (d) and (e) below, Thirdman.auction expressly disclaim, and accept no liability to you, for:
(i)errors or failures to execute bids placed or purchases made on the Site, including without limitation, errors or failures caused by (a) loss of connectivity; (b) issues pertaining to software malfunction; (c) glitches, bugs or inaccuracies on our website; (d) your use of or your inability to access the Site; (e) your internet connection, computer or mobile device; and
(f)any viruses and other malicious software obtained by accessing, or linking to, the Site;
(ii)the conduct of the auction of any lot or the sale of any lot, other than under the Limited Authenticity Warranty;
(iii)any representations and warranties given by the Seller or any terms that are implied into contracts by law which are the responsibility of the Seller; and
(iv) any loss of profit, loss of business, business interruption, loss of opportunity, loss of anticipated savings, loss of goodwill, loss of revenue or any wasted expenditure or any indirect or consequential loss or damage whatsoever.
(b)Notwithstanding Paragraph (a) above, if we are found to be liable to you for any reason in connection to the sale of a lot or the provision of services in relation to a lot, then subject to Paragraphs (d) and ) below, our total aggregate liability to you in connection with that lot shall be limited to the buyer’s premium paid by you to us for the lot.
(c)If the Seller is found to be liable to you for any reason in connection to the sale of a lot, then subject to Paragraphs (d) and ) below, the Seller’s total liability to you in connection with that lot shall be limited to the Buy Now price or winning bid price paid by you for the lot.
(d)No provision in these Conditions of Business shall be deemed to exclude or limit the Thirdman.auction liability to you in respect of any fraud or fraudulent misrepresentation made by any of them, or in respect of death or personal injury caused by any of their negligent acts or omissions.
(e)Some jurisdictions do not allow exclusions and limitations of liability, and these exclusions and limitations of liability may not apply to you.
The copyright in all images, illustrations and written materials produced by or for Thirdman.auction relating to a lot, including the contents on the Site, is and shall remain at all times the property of Thirdman.auction and such images and materials may not be used by you or any other party without our prior written consent. Thirdman.auction make no representations or warranties that the buyer of a lot will acquire any copyright or other intellectual property rights in the lot.
16. Limited Authorship Guarantee
(a)Subject to the exclusions provided below and/or in the lot description posted on the Site and/or in any Additional Terms, for a period of thirty (30) calendar days from the date of delivery of the lot to the buyer or the buyer’s designated representative, auction houses warrants that the authorship, maker, or origin (collectively "Authorship") of each lot sold on the Site. (the "Limited Authorship Guarantee").
(b)This Limited Authorship Guarantee only extends to the original buyer of record (i.e. the registered successful buyer) of the lot, and does not extend to (i) subsequent owners of the lot or any third party, including purchasers or recipients by way of gift from the original buyer, heirs, successors, beneficiaries and assigns; (ii) lots where the description of the lot on the Site states that there is a conflict of opinion on the authorship of the lot; (iii) lots where the Authorship indicated in the lot description on the Site was on the date of sale consistent with the generally accepted opinions of specialists, scholars or other experts; (iv) lots whose description is proved inaccurate by means of scientific methods or tests not generally accepted for use at the time of the posting of the lot on the Site or which were at such time deemed unreasonably expensive or impractical to use or likely in our reasonable opinion to have caused damage or loss in value to the lot or (v) lots where there has been no material loss in value from its value had the lot description corresponded with the lot’s authorship or origin.
(c)In any claim for breach of the Limited Authorship Guarantee, the auction room may require the buyer, as a condition to rescinding any sale under this guarantee, to provide at the buyer’s expense the written opinions of two recognized experts approved in advance by it. Auction houses shall not be bound by any expert report produced by the buyer and reserve the right to consult our own experts at our expense. If they agree to rescind a sale under the Limited Authorship Guarantee, the auction house shall refund to the buyer the reasonable costs charged by the experts commissioned by the buyer and approved in advance by it.
(d)Subject to the exclusions set forth in Paragraph 20(a) above, the buyer may bring a claim for breach of the Limited Authorship Guarantee provided that (i) he/she has notified the auction room in writing within seven (7) calendar days of receiving any information which causes the buyer to question the Authorship indicated in the lot description, and such notice shall be given no later than thirty (30) calendar days from the date of the delivery of the lot to the buyer or the buyer’s designated representative, specifying the sale in which the lot was included, the lot number in the online catalogue and the reasons why the Authorship is being questioned and (ii) the buyer returns the lot to the auction roomin the same condition as at the time of its purchase no later than fourteen (14) calendar days from the date of the buyer’s notification to the auction room described in this Paragraph and is able to transfer good and marketable title in the lot free from any third party claim arising after the date of the purchase. The auction room has discretion to waive any of the above requirements but shall not be compelled exercise that discretion.
(e)The buyer may bring a claim for breach of the Limited Authorship Guarantee provided that (i) he/she has notified Thirdman.auction in writing within seven (7) calendar days of receiving any information which causes the buyer to question the Authorship indicated in the lot description, and such notice shall be given no later than thirty (30) calendar days from the date of the delivery of the lot to the buyer or the buyer’s designated representative, specifying the sale in which the lot was included, the lot number in the online catalogue and the reasons why the Authorship is being questioned and (ii) the buyer returns the lot to the auction room in the same condition as at the time of its purchase no later than fourteen (14) calendar days from the date of the buyer’s notification to the auction room described in this Paragraph and is able to transfer good and marketable title in the lot free from any third party claim arising after the date of the purchase. The auction room has discretion to waive any of the above requirements but shall not be compelled exercise that discretion.
(a)These Conditions of Business and any Additional Terms, as changed or supplemented, set out the entire agreement between you and the auction room with respect to the transactions contemplated herein and supersede all prior and contemporaneous written oral or implied understandings, representations and agreements.
(b)Unless explicitly provided otherwise, notices to the auction house shall be in writing Notices to you shall be addressed to the last address provided by you in writing.
(c)These Conditions of Business are not assignable by you without their prior written consent but are binding on your successors, assigns and representatives.
(d)Should any provision of these Conditions of Business be held void, invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect.
(e)No failure by any party to exercise, nor any delay in exercising, any right or remedy under these Conditions of Business shall act as a waiver or release thereof in whole or in part.
18. Applicable Law and Jurisdiction
(a)These Conditions of Business, any Additional Terms, the conduct of sales on the Site and any matters related to, or any contractual or
19. Special Conditions
(a)Thirdman.auction does not accept liability for failing to describe any alteration or addition to a lot which is concealed by upholstery, gilding or painted decoration and could only be detected by physically dismantling the lot.
(b)All lots of
(c)Auction houses only warrants the artist or maker indicated in the lot description. Such heading generally indicates the person or persons, publisher or agency responsible for the execution of, or owning the rights to, the negative, positive, digital file or other method employed from which the print, plate, transparency or object being offered for sale is created. While we may indicate in the lot description who we believe to have been the maker, printer or creator of the object offered, the Limited Authenticity Warranty does not apply to any information regarding the maker, printer or creator of the print, plate, transparency or object being offered.
(d)Prospective buyers are reminded that many coloured gemstones have historically been treated to enhance their appearance. Certain enhancement methods, such as heating, are commonly used to improve colour and/or transparency, particularly in rubies and sapphires. Other methods, such as oiling, enhance the clarity of emeralds. These methods have been generally accepted by the international jewellery trade. Although heat enhancement of color is widely believed to be permanent, it may have some impact on the durability of the gemstone
and special care of the stone may be required over time. For example, gemstones which have been oiled may require
(e)auction houses may obtain gemmological reports from internationally recognised gemmological laboratories describing certain gemstones offered for sale on the Site. The availability of such reports will be disclosed in the lot description posted on the Site. Reports from gemmological laboratories used by auction houses will disclose any heat enhancement or treatment. European gemmological laboratory reports will disclose heat enhancement only if specifically requested but will confirm when no heat enhancement or treatment has been made. Because of variations in approach and technology there may not be consensus among laboratories as to whether any particular gemstone has been treated, the extent of treatment and whether treatment is permanent.
(f)It is not feasible for the auction house to obtain a gemmological report for each gemstone offered for sale on the Site. Prospective buyers should be aware that all gemstones may have been enhanced by some method. For further details, prospective buyers in the United States are referred to the information chart prepared by the Gemstones Standards Commission.
Because enhancement affects market value, auction house’s estimates will reflect the information disclosed in a report or, if no report is available, the assumption that gemstones may have been enhanced.
(g)Items which are made of, or contain, rubies or jadeite originating in Burma (Myanmar) may not be imported into the U.S. A purchaser’s inability to import any such item into the U.S. or any other country shall not constitute grounds for
(h)Items that contain any other types of gemstones originating in Burma may be imported into the U.S. provided that the gemstones have been mounted or incorporated into jewellery outside of Burma and provided that the setting is not of temporary nature.
CLOCKS AND WATCHES
(i)The description of the condition of clocks and watches on the Site, including references to defects and repairs, is provided as a service to prospective buyers, but such description is not necessarily complete. Any condition report may be incomplete and may not specify all mechanical replacements or defects. All lots are sold "AS IS" and the absence of any reference to the condition of a clock or watch does not imply that the lot is in good condition and without defects, repairs or restorations. Virtually all clocks and watches have been repaired in the course of their normal useful lifetime and may now incorporate parts not original to them. Furthermore, Auction houses makes no representation or warranty that any clock or watch is in working order. Please be advised that certificates are not available unless otherwise specifically stated.
(j)Watches are not always illustrated life size and buyers should refer to the lot description on the Site for the approximate dimensions of each watch.
(k)Most wristwatches with
quality of movement. It cannot be assumed that the watches are still waterproof and buyers are advised to have the watches checked by a competent
(l)All Rolex watches are sold "AS IS" and Thirdman.auction cannot guarantee the authenticity of any individual component part of Rolex watches. The bracelets may not be authentic.
(m)As collectors’ watches often contain extremely fine and complex mechanisms, buyers should be aware that a general service, change of battery or further repair work, for which the buyer is solely responsible, may be necessary.
(n)Some watches may contain straps or bands made of materials derived from regulated
species materials (including lizard, alligator, crocodile, et al), and thus may not be sold with the watches and may be for display purposes only. Auction houses reserve the right to remove these straps or bands prior to shipping. Please refer to the lot description for details.
Updated:October 15, 2018