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Rules of Sale

GENERAL INFORMATION

The 2022 Night of Artists Exhibition and Sale features nearly 300 works of art by 78 premier Western artists. The opening weekend event takes place on Friday and Saturday, March 25–26, 2022. A featured part of the opening weekend, the Live Auction includes 32 juried lots with a live auctioneer. All remaining works are available for purchase through the Luck of the Draw wall sale on Saturday, March 26, 2022. All Night of Artists ticketholders receive a ballot book that contains unique ballot slips for each work of art in the exhibition. Each ticketholder is allowed ONLY ONE ballot book. Ticketholders have access to the galleries on Friday, March 25, and Saturday, March 26, from 10:00 am to 3:00 pm. The remaining unsold artworks are available via a first-come, first-served format on Sunday, March 27, until the exhibition’s conclusion on May 9, 2022.

By participating in the Night of Artists opening weekend sale events, you are agreeing to the following terms and conditions. The Night of Artists gallery, as may be amended by posted or oral announcements, represents the entire agreement with all purchasers of listed artwork. The following procedures, terms, and conditions apply to all such artwork offered for sale by the Briscoe Western Art Museum as agent for the owners of the artwork.

Please read all terms and conditions before bidding.
1. Bidding on any item indicates the bidder’s acceptance of these terms and all other terms announced at the time of sale, whether bidding in-person, absentee, or by telephone.
2. The Briscoe Western Art Museum reserves the right to withdraw any artwork before or at the sale. All artwork is sold “as-is, where-is,” and neither the museum nor the participating artists make any express or implied warranties or representations with respect to the properties or the correctness of the advertisement, catalog, or any other medium used to announce this sale or any other description of the physical condition, quality, importance, or size of the artwork offered.
3. The museum reserves the right to postpone the auction sales or any session thereof for a reasonable period for any reason whatsoever.
4. The Briscoe Museum is an agent for the participating artists. The museum assumes no risk, liability, or responsibility for the authenticity or authorship of any artwork identified in the gallery.
5. Neither the Briscoe Western Art Museum, nor the auctioneer, nor the artist make any representations whatsoever that the purchaser of a work of art will acquire any reproduction rights thereto.
6. If the museum is prevented by fire, theft, or any other reason whatsoever from delivering any artwork to the purchaser, its liability will be limited to the sum actually paid by the purchaser.
7. The museum and/or representatives of the museum are not responsible for typographical errors.
8. These conditions of sale and any other applicable conditions, as well as the purchaser’s and the Briscoe Western Art Museum’s rights and obligations herein, will be governed by, construed, and enforced in accordance with the laws of the State of Texas. If the purchaser does not comply with these conditions, the museum may, in addition to other remedies available by law, including without limitation the right to hold the property, (a) cancel the sale and retain as liquidated damages any and all payments made by the purchaser; or (b) resell the property privately or at public auction on three days’ notice to the purchaser for payment of any deficiency in the purchase price and all costs, including handling charges, warehousing, the expense of both sales, commissions, reasonable attorney’s fees, any and all other charges due, and incidental damages.
9. The museum reserves the right to purchase any work exhibited.
10. All sales are final, and there will be no exchanges or refunds on artworks. After the sale events are complete, purchasers are required to sign a sales agreement.
11. Upon acknowledgment of the winning bidder by the auctioneer or signed sales agreement, title to the offered artwork will pass to the purchaser recognized by the auctioneer, and the purchaser will (a) assume the full risk and responsibility for the artwork; and (b) immediately pay the full purchase price unless prior arrangements have been approved by museum staff.

BIDDING METHODS
1. It is the responsibility of the bidder to ensure that all contact information and shipping address information are current and up–to-date with Briscoe Western Art Museum records.
2. Absentee and Phone bidding are available during the Live Auction and Luck of the Draw wall sale upon execution of a confidential Absentee Bid Form. Forms are available on the museum’s website or by contacting the Night of Artists Collectors Concierge. Absentee bid orders may be executed by the Briscoe Western Art Museum on behalf of the purchaser. Absentee bids submitted indicate a guarantee to purchase. Absentee bids will be executed in competition with all other bids and any applicable reserves. Unsuccessful absentee bids will not be acknowledged. All Absentee Bid Forms must be received before noon on Thursday, March 24, 2022. The museum will not be responsible for any errors or omissions or failure to execute such intent to purchase orders or auction bids. This service is offered free to ticketholders. All others must pay a service fee of $50.

PAYMENT INFORMATION
1. The museum accepts cash, checks, major credit cards, and wire transfers. Checks will be accepted with proper identification and should be made payable to the Briscoe Western Art Museum. Credit card payments are subject to a 3% service charge.
2. Live, absentee, and telephone bidders will be charged a 15% Buyer’s Premium on any Live Auction individual lot.
3. Not included are additional fees for packing and shipping and applicable sales tax for all art sales.
4. Unless exempted by law, the purchaser will be required to pay any and all state, county, and other special district taxes, or, in the event of deliveries outside the state, any applicable compensation use tax on the total purchase price. Anyone wishing to purchase using a bona fide and appropriate resale license will be required to show proof upon purchase.
5. If full payment has not been made within 90 days, the museum reserves the right to resell the merchandise or have an affiliated or related company do so. The purchaser agrees to pay all reasonable attorney’s fees, court costs, storage fees, and collection costs incurred by the museum.

LIVE AUCTION INFORMATION- FRIDAY, MARCH 25, 2022
1. In the Live Auction, the auctioneer reserves the right to reject any bids. The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of any dispute between bidders, the museum or auctioneer will have the absolute and final discretion to either determine the successful bidder or to re-offer and resell the artwork in dispute. The auctioneer reserves the right to reject small opening bids or nominal bidding increments. Bidding increments are at the sole discretion of the auctioneer. Standard bidding increments are as follows.

Bidding Increments
i. Under $2,000 $100
ii. $2,000–$5,000 $250
iii. $5,000–$10,000 $500
iv. $10,000–$20,000 $1,000
v. $20,000–$50,000 $2,500
vi. $50,000–$100,000 $5,000
vii. Over $100,000 $10,000

2. As a convenience to our clients, we furnish presale range estimates for all artwork included in the live auction. These estimates are approximate valuations only and should be taken as educated guesses based upon comparable auction values and recent sales, not as “prices.” Opening bids in the Night of Artists Live Auction are set by the artists.
3. Some artworks may be offered subject to a “reserve” or confidential minimum price below which the artwork will not be sold. The reserve price is set by the participating artists. In no instance will the reserve amount exceed the low estimate listed online or in the catalog.
4. Absentee bidders for the Live Auction must be willing to bid a minimum of 60% of the low estimate. Otherwise, we recommend bidding in person. All absentee bids must state the highest bid price the bidder is willing to pay. In the event identical absentee bids are submitted, the first bid received will have the first right of purchase.
5. A museum representative will contact the bidder via phone immediately prior to the sale of lots the bidder wishes to bid on and will then bid live on the absentee bidder’s behalf during the event. Phone bidders must be willing to bid a minimum of 75% of the low estimate. Otherwise, we recommend bidding in person or by absentee. Due to an anticipated high call volume, phone bids are entered on a first-come, first-served basis. In the event identical phone bids are submitted, the first bid received will have the first right of purchase. Phone bids will be executed in competition with all other bids and any applicable reserves. All Absentee Bid Forms must be received before noon on Thursday, March 24, 2022. The museum will not be responsible for any errors or omissions or failure to execute such bids. This service is offered free to ticketholders. All others must pay a service fee of $50.

LUCK OF THE DRAW WALL SALE- SATURDAY, MARCH 26, 2022
1. During the Luck of the Draw Wall Sale, if a buyer wishes to purchase a particular artwork at the set fixed price, they must complete the numbered ballot slip and place it in the corresponding ballot box located next to the work of art or submit an Absentee and Phone Bid Form. Absentee bids submitted and confirmed are considered a guarantee to purchase.

SCHEDULE
7:30 pm Balloting stops. The names of two bidders are drawn and posted. The first bidder has 25 minutes to confirm IN-PERSON and sign the Sales Agreement, which is a binding contract. Once a sale is confirmed, the artwork will be marked as SOLD. Absentee bids submitted and confirmed are considered a guarantee to purchase.
7:55 pm If the first bidder whose name is drawn has not claimed the artwork, the second bidder whose name is drawn has 15 minutes to confirm IN PERSON and sign the Sales Agreement. Absentee bids submitted and confirmed are considered a guarantee to purchase.
8:10 pm All unsold artwork is available for purchase on a first-come, first-served basis beginning that night.

2. In the case of sculptures with multiple editions available for purchase, sales will be made until multiple editions are sold out. Sales will be confirmed in the order names are drawn. The first confirmed buyer will receive the work in the exhibition. Additional confirmed buyers will receive their edition directly from the artist by shipment following the close of the exhibition.

PACKING AND SHIPPING
All artworks will remain on display until after the end of the exhibition on May 9, 2022. A Packing and Shipping Agreement is provided upon receipt of a successful sale. The Briscoe Western Art Museum strives, but ultimately cannot guarantee, to contact each purchaser within two weeks of the purchase date to outline packing, shipping, and pickup options. Therefore, it is the buyer’s responsibility to contact the museum regarding packing, shipping, and pickup. All packing and shipping costs and arrangements are the responsibility of the buyer.

  • Please notify the Briscoe Museum Collections Manager so that a shipping time and date may be accommodated to the best of our ability. Shipping will begin on May 23 for purchasers who submit the Packing and Shipping Agreement Form with complete payment information. Shipments will be added to the shipping schedule once completed packing and shipping instructions are received. Failure to submit packing and shipping instructions may result in a delay of getting the artwork to the purchaser. The museum may assist in making shipping arrangements and may only provide an estimate for shipping costs because they are subject to fluctuations depending on season, destination, weight, size, transit method, insurance, fuel surcharges, special handling, pickup charges, and other varying factors.
  • Depending on the packing and shipping method selected, fees may be charged directly by the shipping company and the museum. Payment information provided on the Packing and Shipping Agreement Form will be billed after the shipment has arrived, since final billing costs cannot be determined until the shipping transaction is complete.
  • Be sure to check with the chosen shipping company regarding insurance coverage of the artwork while in transit. The Briscoe Western Art Museum will not insure the shipment of any art purchased through Night of Artists. The museum is not responsible for damages incurred during the transit of artwork.
  • Purchasers may also make appointments to pick up their artwork between May 23 and June 17, 2022, provided the Packing and Shipping Agreement Form with complete payment information has been received. A valid ID is required for all in-person pickups.
  • Email is the preferred form of correspondence for shipping arrangements. Please send email correspondence to both the Collectors Concierge, ssegovia@briscoemuseum.org, and the Collections Manager/Registrar, rmauldin@briscoemuseum.org.

DEPARTMENTS
General Information
info@briscoemuseum.org
210.299.4499

President and CEO
Michael Duchemin, Ph.D.
mduchemin@briscoemuseum.org
210.299.4499

Collectors Concierge
Shannon Segovia
ssegovia@briscoemuseum.org
210.507.4863

Sponsorship and Ticketing
Amber Phifer
Head of Development
aphifer@briscoemuseum.org
210.507.4864

Packing and Shipping
Rachel Mauldin
Collections Manager/Registrar
rmauldin@briscoemuseum.org
210.507.4867

HEALTH AND WELLNESS
This event has been planned with the safety of the patrons, artists, and staff in mind. Therefore, we will be adhering to all state and local safety guidelines and mandates. The Briscoe Western Art Museum is not liable for any losses that may result if the events are canceled, postponed, or otherwise interrupted or amended.