Rules of Sale
The Night of Artists 20th Anniversary Exhibition and Art Sale features nearly 300 works of art by 79 premier Western artists. The Grand Opening event takes place on Saturday, March 27, 2021. As a featured part of the Grand Opening, the Grand Live Auction includes 32 juried lots. The live auction will commence at 7:45 p.m. A separate Night of Artists Online Timed Auction opens for bidding on Saturday, March 13, and continues until 10:00 p.m. on Saturday, March 27. Any unsold artwork will be available at a fixed price until the end of the exhibition on May 9, 2021. All artwork, sold and unsold, will remain on display until after the end of the exhibition on May 9, 2021.
Artworks are available for viewing and bidding in person and online through desktop, laptop, tablet, and mobile devices. Absentee and phone bids are also accepted. By registering for either or both of the Night of Artists auctions, 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 agents for the owners of the artwork.
As a participant in this event, you understand that this event may be video and audio-recorded and/or live broadcasted through web streaming, and, as a part of your participation in the event, you hereby consent to be video and audio-recorded and/or live broadcasted by the Briscoe Western Art Museum or its affiliates. You consent to the Briscoe’s publicized use and rebroadcast of your name, likeness, voice, and biographical material in connection with the program. You understand that if you do not wish to be recorded or live broadcasted, the museum may disable your audio and video features in the program’s recording/streaming forum, if available; otherwise, your participation in the event constitutes your consent to be recorded and broadcasted.
Please read all terms and conditions before bidding.
- 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, online, absentee, or by telephone.
- 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.
- The museum reserves the right to postpone the auction sales or any session thereof for a reasonable period for any reason whatsoever.
- 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 art piece identified in the catalog.
- 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.
- 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.
- The museum and/or representatives of the museum are not responsible for typographical errors.
- 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 these conditions are not complied with by the purchaser, 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.
- All bidders agree to provide a valid Visa, MasterCard, Discover, or American Express credit card number at registration and further agree that said credit card may be charged for the purchase, including the buyer’s premium, for any amount up to or including the total amount due unless arrangements have been made for another form of payment within 10 days of sale.
- In-person bidding is available for registered bidders attending the Grand Live Auction in person. It is the responsibility of the in-person bidder to ensure that all contact information and shipping address information are current and up to date with Briscoe Western Art Museum records.
- Internet bidding, including the use of the Night of Artists mobile app, is available for registered bidders. It is the responsibility of the internet bidder to ensure that all contact information and shipping address information are current and up to date on the bidding platform and mobile app.
- Absentee bidding is available during the Grand Live Auction upon execution of a confidential Absentee and Phone Bid Form. Absentee bid orders for auction items may be executed by the Briscoe Western Art Museum on behalf of the purchaser during the auction. Absentee bidders must be willing to bid a minimum of 60% of the low estimate. Otherwise, we recommend bidding in person or online. 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. Absentee bids will be executed in competition with all other bids and any applicable reserves. Unsuccessful absentee bids will not be acknowledged. All Absentee and Phone Bid Forms must be received before noon on Thursday, March 25, 2021. Forms are available on the museum’s website or by contacting the Night of Artists Collectors Concierge. 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 registered ticketholders. All others must pay a service fee of $50.
- Phone bidding is available during the Grand Live Auction upon execution of a confidential Absentee and Phone Bid Form. A museum representative will contact the bidder via phone just 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, online, 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 and Phone Bid Forms must be received before noon on Thursday, March 25, 2021. Forms are available on the museum’s website or by contacting the Night of Artists Collectors Concierge. The museum will not be responsible for any errors or omissions or failure to execute such bids. This service is offered free to registered ticketholders. All others must pay a service fee of $50.
- 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.
- Under $2,000 $100
- $2,000–$5,000 $250
- $5,000–$10,000 $500
- $10,000–$20,000 $1,000
- $20,000–$50,000 $2,500
- $50,000–$100,000 $5,000
- Over $100,000 $10,000
- 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.
- 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 Online Timed Auction are set by the artists.
- Upon acknowledgment of the winning bidder by the auctioneer, 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) pay the full purchase price.
- All sales are final, and there will be no exchanges or refunds on artworks. After both auctions are complete, purchasers are required to sign a sales agreement. In the case of successful online bids, the sale transaction will serve as the sales agreement.
- Live, internet, absentee, and telephone bidders will be charged a 15% Buyer’s Premium on each lot purchased. Not included are additional fees for packing and shipping and applicable sales tax.
- All purchasers (live, internet, absentee, and telephone) agree to provide a valid Visa, MasterCard, Discover, or American Express credit card number at registration and further agree that said credit card may be charged for the purchase, including the buyer’s premium, for any amount up to or including the total amount due unless arrangements have been made for another form of payment within 10 days of sale.
- 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.
- 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.
- 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.
PACKING AND SHIPPING
- All artworks will remain on display until after the end of the exhibition on May 9, 2021. The 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 24 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 24 and June 18, 2021, provided the Packing and Shipping Agreement Form with complete payment information has been received. A valid ID is required for all in-person pickups.
- A packaging fee, based on size, will be charged per artwork for costs incurred by the museum to adequately package the artwork for both shipment and pickup.
- Email is the preferred form of correspondence for shipping arrangements. Please send email correspondence to both the Collectors Concierge, email@example.com, and the Collections Manager/Registrar, firstname.lastname@example.org.
Michael Duchemin, Ph.D.
President and CEO
Sponsorship and Ticketing
Head of Development
Packing and Shipping
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. In the event of further mandates, all in-person events are subject to change to the online “Home on the Range” experience. The Briscoe Western Art Museum is not liable for any losses that may result if the in-person events are cancelled, postponed, or otherwise interrupted or amended.
All in-person guests will be required to have their temperatures checked at the door and are required to wear facial coverings at all times when not seated at their tables. We ask each guest to be mindful of social distancing throughout the evening and to frequently use the hand sanitizer stations.
If you are feeling unwell, please protect your fellow art enthusiasts and join us online through the “Home on the Range” ticket option.