Terms of Sale
These Terms of Sale apply to all sales conducted by Lineage Fine Art, including retail sales, wholesale transactions, auctions, post-auction sales, private treaty sales, private sales and Buy Now purchases, where offered.
By registering to bid, placing a bid or completing a purchase, the buyer acknowledges and agrees to these Terms of Sale and any additional conditions published for the applicable auction or transaction.
BUYER’S PREMIUM
A buyer’s premium of 20% will be added to the final hammer price of all items purchased at auction, including accepted post-auction offers, unless otherwise specified in the applicable auction catalog.
Applicable sales tax, shipping, insurance and additional charges are separate and are the responsibility of the buyer.
A. CONDITION, ATTRIBUTION AND AUTHENTICITY
All property is offered and sold AS IS, WHERE IS, WITH ALL FAULTS, except as otherwise expressly stated in writing or required by applicable law.
To the fullest extent permitted by law, Lineage Fine Art disclaims implied warranties, including warranties of merchantability and fitness for a particular purpose.
Artist names, dates, signatures, attributions and provenance information appearing in the catalog reflect information available to Lineage Fine Art at the time of publication.
Descriptions qualified by terms such as Attributed to, Bearing the Signature of, In the Manner of or After should be interpreted according to the definitions published by Lineage Fine Art. Such qualifications do not constitute an unqualified attribution to the named artist.
Except for any express warranties specifically provided in writing, and subject to applicable law, Lineage Fine Art does not guarantee the authenticity, authorship, attribution, date, provenance or condition of property offered for sale.
Certificates of authenticity, provenance documents and other supporting materials accompanying a lot will be identified where applicable. The inclusion of such materials does not, by itself, constitute an independent guarantee by Lineage Fine Art.
Prospective buyers are encouraged to examine all available photographs, descriptions, provenance information and condition reports before bidding.
Additional photographs or information may be requested before the close of an auction.
Buyers seeking absolute certainty concerning authenticity, authorship, attribution or condition are encouraged to obtain independent professional advice before bidding.
Catalog descriptions, estimates and statements made by Lineage Fine Art or its representatives may include statements of opinion. Except for express warranties or representations that cannot legally be excluded, such statements do not constitute guarantees.
B. BIDDING AND RESERVES
Bidding will commence at a price determined by Lineage Fine Art, subject to applicable reserves and the rules of the auction platform.
Lineage Fine Art reserves the right to reject bids, withdraw lots, correct catalog errors or cancel a sale where permitted by applicable law and the rules of the relevant auction platform.
Certain lots may be offered subject to a confidential reserve, representing the minimum hammer price at which the property may be sold.
Where permitted by applicable law and the auction platform, Lineage Fine Art may execute bids on behalf of a consignor up to, but not exceeding, the applicable reserve.
If the reserve is not met, the lot may remain unsold.
In the event of a bidding dispute, technical malfunction or material cataloging error, Lineage Fine Art reserves the right to take appropriate corrective action consistent with applicable law and platform rules.
C. FINAL SALE AND RETURNS
ALL SALES ARE FINAL.
Lineage Fine Art does not accept returns or exchanges for buyer’s remorse, changes of mind or other discretionary reasons.
All property is sold in its existing condition, subject to any express warranties and rights that cannot legally be excluded.
Buyers are responsible for reviewing all available descriptions, photographs, condition information and attribution qualifications before bidding.
Nothing in these Terms of Sale excludes or limits any rights or remedies that cannot lawfully be waived.
D. PAYMENT
Payment in full is due within five (5) business days following the auction date, unless otherwise specified in writing.
Accepted payment methods include:
- Credit or debit card
- ACH bank transfer
- Wire transfer
Lineage Fine Art reserves the right to require payment by ACH or wire transfer for transactions meeting thresholds disclosed before purchase.
All purchases must be paid in full, including the hammer price, buyer’s premium, applicable sales tax and additional charges.
No property will be released for collection or shipment until full payment has been received and cleared.
If payment is not received within the required period, Lineage Fine Art may pursue remedies available under applicable law and the published terms of the relevant auction platform.
E. SHIPPING AND COLLECTION
Buyers may arrange shipping independently through a professional carrier of their choice or request shipping coordination through Lineage Fine Art.
All packing, shipping, insurance, transportation and related expenses are the responsibility of the buyer.
Shipping coordinated through Lineage Fine Art may be performed by an independent professional fine art shipper. Shipping quotes will be provided separately and are subject to the terms and availability of the selected carrier.
Buyers are responsible for providing accurate delivery information and notifying Lineage Fine Art of any special handling or transportation requirements.
No property will be released for pickup or shipment until full payment has been received and cleared.
Shipping timelines, insurance arrangements and responsibility for loss or damage during transit will be governed by the applicable shipping agreement, carrier terms and applicable law.
Buyers are encouraged to obtain appropriate insurance coverage for purchased artwork during transportation.
F. STORAGE AND COLLECTION DEADLINE
All purchased property must be collected or scheduled for shipment within fourteen (14) calendar days following the auction date.
Buyers using independent professional fine art shippers must notify Lineage Fine Art and arrange collection within this period unless an extension has been approved in writing.
Buyers requiring additional time must contact Lineage Fine Art to make appropriate arrangements.
Extensions may be granted on an individual basis.
No automatic storage fees will be assessed after the fourteen-day collection period.
Any additional storage or handling charges will be considered individually and disclosed to the buyer in writing before they are imposed.
G. SALES TAX
All purchases are subject to applicable sales and use taxes as required by law.
Buyers claiming a sales tax exemption must provide valid exemption or resale documentation acceptable under applicable law.
Where an auction or transaction is processed through a third-party marketplace, applicable taxes may be collected and remitted by the marketplace in accordance with its policies and legal obligations.
International buyers are responsible for applicable import duties, customs charges, taxes, tariffs and other assessments imposed by the destination country.
H. SEVERABILITY
If any provision of these Terms of Sale is determined to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect to the extent permitted by applicable law.
I. NOTICES
Notices and communications concerning purchases, payments, shipping or disputes must be submitted in writing to Lineage Fine Art.
Communications should include the buyer’s name, invoice number and relevant lot information, where applicable.
Notices may be submitted by email to:
J. ARBITRATION
Except where prohibited by applicable law, disputes arising out of or relating to these Terms of Sale or purchases made through Lineage Fine Art shall be resolved through binding arbitration in Michigan in accordance with the Michigan Uniform Arbitration Act, to the extent applicable.
Arbitration shall be conducted before a single neutral arbitrator selected by agreement of the parties or through the appointment procedure established by applicable law.
Arbitration fees and expenses shall be allocated in accordance with applicable law and the final arbitration agreement.
Judgment on an arbitration award may be entered in any court having jurisdiction.
Nothing in this provision limits rights or remedies that cannot lawfully be waived.
K. GOVERNING LAW
These Terms of Sale shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict-of-law principles, except where applicable law requires otherwise.
Any judicial proceedings permitted under these Terms of Sale shall be brought in a court of competent jurisdiction, subject to applicable law.
L. EMAIL COMMUNICATIONS
Lineage Fine Art may send transactional communications relating to auction registration, bids, purchases, invoices, payments, collection and shipping.
Buyers may separately subscribe to receive announcements concerning upcoming auctions and other promotional communications.
Marketing emails will include an appropriate unsubscribe method.
LINEAGE FINE ART
Michigan, USA