General Terms and Conditions

This section presents the conditions that apply to all Russian Art Project auction sales, regardless of type of auction, venue or sales method.

1. General

Conditions of Sale. The offering and sale of property by Russian Art Project is subject to the following Conditions of Sale, as modified or supplemented by other provisions of: (a) the Catalogue, (b) in written supplements to this catalogue or other written material prepared by Russian Art Project, (c) in notices posted by Russian Art Project, on the website www.russianap.com, and (d) in announcements made by the auctioneer, prior to or at the time of the sale, which together comprise the Terms and Conditions.

Agent for Sale of Property. Unless otherwise stated, Russian Art Project is acting only as an agent for the consignor of property offered for sale, at auction or otherwise, in this catalogue (the “Property”). The consignor may either be the seller of the Property or an agent for the seller.

Property Sold by Lot. Property is sold by lot and all bids are per lot as numbered in the catalogue.

Agreement of Bidders and Purchasers. By bidding or buying at a sale, whether in person, through a representative, by written bid, telephone bid or other absentee bid, all bidders and purchasers agree to be bound by the Terms and Conditions.

2. Disclaimers Concerning the Property

As-Is. The consignor warrants good title to the purchaser. Russian Art Project makes no independent warranty of title. All Property is sold AS-IS, and all warranties, express or implied, including without limitation, the implied warranties of MERCHANTABILITY AND FITNESS FOR PURPOSE ARE SPECIFICALLY DISCLAIMED BY RUSSIAN ART PROJECT AND THE CONSIGNOR. Russian Art Project also disclaims all warranties arising from course of dealing and usage in the trade.

Descriptive Information. To the greatest extent permitted by applicable law, neither Russian Art Project nor the consignor makes any representation or warranty with respect to the correctness or completeness of information about the Property, such as but not limited to the characteristics of age, condition, size, authenticity, genuineness, attribution, origin, quality, quantity, value, medium, material, period, culture, rarity, importance, provenance, exhibitions, literature or historical relevance of the Property. Neither Russian Art Project nor the consignor shall be liable, for damages or otherwise with respect to incorrect or incomplete information, except to the extent provided for in Paragraph 11 below.

Communications Not Intended as Binding. No information or statement communicated, at any time, to bidders or buyers by Russian Art Project (or its directors, officers, employees, agents or representatives), orally or in writing, shall be deemed a legally binding representation or warranty (or assumption of liability) with respect to any of the above mentioned characteristics or other information about the Property, unless a specific law requires otherwise.

Inspection of Property. The Property is exhibited for inspection by bidders prior to the sale. It is the bidder’s sole responsibility to be fully satisfied about the characteristics and condition of the Property, including matters relating to any restoration, repair or alteration of the Property. If a bidder or bidder’s agent (not a Russian Art Project employee or representative) has not examined the Property, Russian Art Project recommends that bidder makes no bid on the Property.

Intellectual Property Rights. No representation, express or implied, is made by Russian Art Projector the consignor as to whether or not a purchaser will acquire any reproduction rights, copyrights or other intellectual property rights in, or with respect to, the Property.

3. Sale to the Highest Bidder and Auctioneer’s Determinations Final

Highest Bidder. Bidders are competing against other bidders who may be present in person at an auction or bidding by telephone, online or by other forms of absentee bids. A lot will be sold to the highest bidder as determined in the sole and exclusive judgment of the auctioneer.

Decision of Auctioneer Final. The auctioneer will also have the sole and exclusive power and authority, without liability, to (a) resolve any disputes between bidders, (b) determine whether to pass or re-offer any lot for sale, (c) reject or challenge any bid or advance in the bidding, or (d) otherwise regulate the bidding and its increments. If the auctioneer receives more than one bid of the same value, only the first received will be accepted.

Russian Art Project assumes no liability for the auctioneer’s discretionary decisions.

“Auctioneer” as used in these Terms and Conditions means an employee or representative of Russian Art Project duly licensed as an auctioneer or otherwise authorized by Russian Art Project to conduct an auction.

4. Buyer’s Premium and Purchase Price

Buyer’s Premium. All bidding at auction and purchases will be in U. S. Dollars. A buyer’s premium of 15% of the successful high bid up to and including $50,000, and 12% of the successful high bid above $50,000 will be added to the amount of the successful bid price for all lots purchased at auction.

Purchase Price and Taxes. Upon the announcement by the auctioneer of the successful bidder, the purchaser will be responsible to pay the amount of the successful bid price, the buyer’s premium, applicable taxes and other charges provided for in the Terms and Conditions. Applicable taxes shall include sales, use, excise, and other taxes or levies. Only valid resale certificates are accepted as proof of exemption from certain taxes for U.S. dealers. Foreign dealers should contact Russian Art Project accounting office concerning all tax matters. Russian Art Project will not release purchased lots until all tax requirements are satisfied.

5. Reserves

All lots offered are subject to a reserve, although reserves may not be set for some lots, at the sole discretion of Russian Art Project. A reserve is the confidential minimum price established between Russian Art Project and the consignor. The reserve is generally set at a fixed amount and will not exceed, in any case, the low estimate of the lot. Reserves do not include the buyer’s premium, any applicable taxes or other charges. Russian Art Project prohibits consignors from bidding on their own property. The auctioneer may implement the reserve by bidding on behalf of the consignor at the auction. The auctioneer may open the bidding on any lot by placing a bid on behalf of the consignor and may continue bidding for the consignor by placing responsive or consecutive bids, but only up to the reserve. If bids on a lot fail to reach the reserve, the lot will be bought-in and withdrawn from sale. If Russian Art Project has an interest in the lot, Russian Art Project may bid up to the reserve to protect that interest.

6. Estimates

Low and high estimates are given for each lot. The estimates are merely guides for bidders and represent Russian Art Project ’s opinion of the price a lot might bring at auction. Estimates are based, where possible, on prices that similar items have sold for in the past. The estimates are determined prior to the sale and are subject to revision to reflect changing market conditions. Estimates should not be relied on as a representation or prediction of the actual price a lot will be sold for. Actual selling prices could be significantly different from estimates. Russian Art Project will not be liable if the actual selling price is different from the estimate. Estimates do not include the buyer’s premium, any applicable taxes or other charges.

7. Withdrawal of Property from Sale

Russian Art Project reserves the right to withdraw Property from sale for any reason and with no liability whatsoever for such withdrawal. If the auctioneer decides that any opening bid is below the reserve of the Property offered, the auctioneer may reject the bid and withdraw the Property from sale.

8. Payment, Collection and Shipping Responsibilities of Purchaser

Successful Purchaser Obligations. On the fall of the auctioneer’s hammer or other acknowledgment of a successful bidder on a lot, title to the Property in that lot will pass to the successful bidder who thereupon assumes full risk and responsibility for the purchased Property (including costs and expenses of handling, shipping, insurance, taxes, export and otherwise).

9. Methods of Payment and Fees

Acceptable Methods of Payment. A purchaser may use one or more of the following methods of payment: cash, valid and approved credit or debit charge cards and wire transfers.

Credit Cards Accepted. Visa, MasterCard, American Express and debit cards are accepted for payment. Russian Art Project reserves the right to charge a handling fee as a percentage of the hammer price for purchases made with credit cards.

Late Payment Charge. In addition to any other remedies available by law to Russian Art Project and the consignor, Russian Art Project reserves the right to impose from the date of sale a late charge of 1-1/2% per month (or if lower, the highest rate permitted by applicable law) of the total purchase price if payment is not made in accordance with the payment provisions of these Terms and Conditions.

10. Purchaser Default

Russian Art Project Remedies upon Purchaser Default. If the purchaser fails to comply fully with any provisions of the Terms and Conditions, the purchaser will be in default. In addition to other remedies available to Russian Art Project and the consignor by law, including the right to hold the purchaser liable for the total purchase price, including all premiums, charges and expenses specified in the Terms and Conditions, Russian Art Project may, at its option,  
(a) cancel the sale of the lot on which the purchaser defaulted, and of any other lot(s) sold to the defaulting purchaser at the same or any other auction(s), and retain as liquidated damages all payments made by the purchaser, (b) resell the purchased Property, whether at public auction or private sale, or (c) pursue any combination of 10 (a) and (b). In the event of any default by purchaser, purchaser will be liable to Russian Art Project and the consignor for any deficiency, any and all costs and expenses, including reasonable attorneys’ fees, collection fees and expenses, handling charges, late charges, expenses of both sales, premiums on both sales at Russian Art Project regular rates and other damages. Russian Art Project may, in its sole discretion, apply any proceeds of sale otherwise due to the purchaser or monies of purchaser in Russian Art Project ’s possession to reduce or satisfy, if possible, the purchaser’s obligations with respect to the unpaid lots and other deficiencies and damages.

Security Interest. As security for the full payment to Russian Art Project and the consignor of all amounts due from purchaser, Russian Art Project retains and purchaser grants to Russian Art Project a security interest in the Property purchased at auction and in any other property or money of purchaser in Russian Art Project ’s possession, or coming into Russian Art Project ’s possession, (collectively, “the collateral”). Russian Art Project shall have the rights and remedies of a secured creditor as provided by the Uniform Commercial Code and other applicable law. Such security interest shall cease as to the Property or other collateral when it is physically delivered to the purchaser or purchaser’s agent.

11. Rescission by Purchaser

Limited Right of Rescission. If, within a reasonable time, not to exceed twenty one (21) calendar days after the sale, the original purchaser (a) gives written notice to Russian Art Project by certified mail or facsimile (or in such other written form deemed acceptable by Russian Art Project in its absolute discretion) alleging that the description, condition, weight, size, title, origin, provenance or other characteristics of a lot as set forth in the catalogue were grossly and materially inaccurate and misleading and substantially overstated the value of the Property, and (b) within five calendar days (or such later time deemed to be reasonable under the circumstances by Russian Art Project in its absolute discretion) after such written notice, returns each item of Property in the lot to Russian Art Project in the same condition it was in at the time of sale, and (c) proves the truth of such allegations to Russian Art Project satisfaction, the sale of such lot will be rescinded. If Russian Art Project has not yet paid the consignor the amounts due as a result of the sale to the purchaser, Russian Art Project will refund the full purchase price to the purchaser. Refunds shall not include costs of transportation, insurance or other expenses, which may have been incurred by purchaser.  
If Russian Art Project has paid the consignor the amounts due as a result of the sale, Russian Art Project will (i) refund to the purchaser the amount of the buyer’s premium and taxes received from the purchaser, and (ii) make written demand upon the consignor for the payment of the balance of the purchase price. If the consignor fails to honor the written demand for a refund of the balance of the purchase price, Russian Art Project shall immediately furnish purchaser the name and address of the consignor, and shall assign to purchaser all of Russian Art Project rights for the return of the balance of the purchase price of the affected lot. Upon this disclosure and assignment, Russian Art Project will have no further liability to purchaser or responsibility to pursue the purchaser’s claim. Russian Art Project will extend its reasonable cooperation to purchaser, provided that such cooperation does not require out-of-pocket expenditures by Russian Art Project .

Rescission Only by Original Purchaser. This limited right of rescission is available only to the original purchaser and may not be relied upon by any heir, agent, transferee, assign or other third party or assigned to any subsequent transferee of the Property which gave rise to the claim.

Exclusive Remedy. Purchaser acknowledges and expressly agrees that the provisions of this Paragraph 11 state the sole and exclusive remedy available to a purchaser in the event of a nonconformity in Property purchased. Russian Art Project will not be liable for damages of any kind, whether characterized as compensatory, direct, indirect, incidental or consequential (including damages for loss of profits or revenue, costs of obtaining alternative property, claims of customers of purchaser or otherwise), whether or not caused by Russian Art Project fault or negligence, except as provided above or to the extent applicable law does not permit Russian Art Project to exclude such liability.

12. Rescission by Russian Art Project

In the event Russian Art Project receives notice of an adverse claim with respect to purchased Property, Russian Art Project shall have the right (but not the obligation), in its sole and absolute discretion, to rescind the sale to purchaser, upon written notice to purchaser. Upon such notice, purchaser will promptly return the purchased Property to Russian Art Project premises where purchased in the same condition as when purchased. Russian Art Project will then promptly refund the purchase price, including the buyer’s premium and applicable taxes. Purchaser will have no further recourse against Russian Art Projector the consignor, and Russian Art Project and the consignor shall not be liable for any damages of any nature suffered by the purchaser, whether or not resulting from the fault or negligence of Russian Art Projector the consignor.

13. Governing Law

The law of the state (excluding its conflicts of law rules) in which the Property is auctioned or sold shall govern, provided however, that if the Property is auctioned or offered for sale only through the medium of an online auction, the law of the State of Maryland (excluding its conflicts of laws rules) shall govern.

14. Forum for Lawsuits

Consent of Bidders and Purchasers to Jurisdiction. If there is a lawsuit, each bidder and purchaser hereby consents to the jurisdiction of the federal court located in, and the state courts of, the State whose law has been chosen to govern as provided in the preceding Governing Law Paragraph 13.

Lawsuits by Bidders and Purchasers Only in Certain Courts. Each bidder and purchaser hereby agrees that any lawsuit that bidder or purchaser may bring against Russian Art Projector the consignor will only be brought in the federal courts located in, or the state courts of, the State whose law has been chosen to govern as provided in the Governing Law Paragraph 13 above.

15. Limitation of Liability

Russian Art Project acts only as agent for the consignor and in no event will Russian Art Project be liable for any breach or default by the consignor. Without diminishing any exclusion of liability provision applicable to the specific matters covered in these Terms and Conditions, (a) in no event will Russian Art Project ’s liability for any breach, or act or omission exceed the purchase price actually paid by the purchaser, and (b) in no event shall Russian Art Project have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenues, costs of obtaining alternative property, claims of customers of purchaser or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to (i) the Property or its purchase, sale, delivery or non-delivery, or (ii) the acts or omissions of Russian Art Project or Russian Art Project’s agents, representatives, officers, directors, employees or affiliates.

16. Miscellaneous

Export or Import. An export license may be required from governmental agencies or departments for the export of items containing certain materials. Some countries prohibit the importation of items containing certain animal or other materials. It is the sole responsibility of purchasers to familiarize themselves with any required license, and import or export requirements or limitations. Russian Art Project will have no responsibility with regard to these matters. Inability to obtain a license or to import into or export to foreign countries or delays in connection therewith shall not constitute a basis for (a) a delay in purchaser’s collection or paying for any purchase, (b) a rescission or cancellation of a purchase by purchaser or (c) purchaser not otherwise fully meeting purchaser’s obligations to Russian Art Project .

Absentee Bids. For bidders who do not choose to attend a sale in person, Russian Art Project may accept absentee bids at no cost to bidders. Purchasers who wish to participate in auction sales as absentee bidders must complete the applicable forms and shall comply with and be bound by the additional provisions applicable to such bidding. Absentee forms are available on the website www.russianap.com or from the Russian Art Project’s office by calling 301-977-4898.

Severability. If any provision or portion thereof of the Terms and Conditions shall be void, unlawful or unenforceable under applicable law, that provision or portion thereof shall be deemed deleted and severed from the remaining provisions, and shall not affect the enforceability or validity of any of the remaining provisions.

Private Sales. These Terms and Conditions shall apply to both auction and private sales of Property.

No Assignment. Unless Russian Art Project consents in writing, purchasers may not assign their rights or any of their obligations relating to an auction or other sale by Russian Art Project. Any assignment without Russian Art Project’s consent will not be effective.

Complete Agreement and Binding Agreement. These Terms and Conditions contain all of the provisions applicable to the agreement between Russian Art Project, on the one hand, and each bidder and purchaser, on the other, with respect to the subject matter of the Terms and Conditions. The provisions of the Terms and Conditions supersede and extinguish all other agreements, representations or understandings, whether prior or contemporaneous, or oral or written, between the parties concerning that subject matter. The Terms and Conditions shall be binding on purchaser’s heirs, beneficiaries, executors, successors and permitted assigns.

Contract Modifications and Waiver. These Terms and Conditions may not be changed, unless Russian Art Project and the purchaser have agreed to do so in a writing signed by both parties. No waiver shall be effective unless in writing and signed by the party alleged to have given the waiver. A waiver on one occasion by Russian Art Project shall not be a waiver on any other or future occasion or affect Russian Art Project right to insist on strict performance of all other provisions.

Paragraph Headings. Paragraph and subparagraph headings are included in these Terms and Conditions for ease of reference and should not be used to interpret the meaning of the substantive provisions.

Terms of Absentee Bidding

If a purchaser chooses not to attend a Russian Art Project’s auction in person, and wishes to place bids, she may give Russian Art Project instructions to bid on her behalf. Russian Art Project’s representative(s) will then try to purchase the designated lot or lots of the purchaser’s choice for the lowest price possible, and never for more than the top bid price in given by the purchaser instructions. This service is free and confidential. The Terms and Conditions printed in the catalogue and online apply to all bidders, whether in person or absentee. By placing a bid in any manner at a Russian Art Project auction, the bidder acknowledges and agrees to be bound by the Terms and Conditions. All absentee bidders also agree to be bound by these terms of absentee bidding. Please note Russian Art Project offers its absentee bidding service as a convenience to its customers who are unable to attend an auction. While Russian Art Project will make every effort to execute an absent purchaser’s bid(s) pursuant to instructions, Russian Art Project is not responsible or liable for error or failure to execute such bids or instructions.

Bidding Number

Like all bidders, absentee bidders must register and receive a Russian Art Project bidding number prior to bidding at the auction. To obtain a bidding number, contact the Russian Art Project Business Office at: (301) 977-4898 and visit www.russianap.com. First-time bidders may obtain a bid number by registering on this site. If you have not previously done business with Russian Art Project, you will be expected to furnish identification and possibly credit references in order to receive a bidding number. If you are acting as another’s agent for bidding purposes, you should provide a letter or other authorization from the principal.

Placing Absentee Bids

Absentee bids must be submitted in writing using the official Russian Art Project form. This form is available on the website www.russianap.com . Be sure to accurately record the lot numbers and descriptions and the top price you are willing to pay for each lot. Do not leave the bid price open. Buy or unlimited bids will not be accepted. Always indicate a top limit – the highest prices you would be willing to bid if you were present at the auction.  
Absentee Bids are subject to credit verification. All absentee bidders need to include credit card information on the form, or call our business office at (301) 977-4898 to provide this information to have on file. Successful bidders may select a payment method after the auction. 
Always place your bids in the same order as the lot numbers appear in the catalogue. 
Each absentee bid form should contain bids only for one sale. The particular sale should be indicated at the appropriate place on the bid form. Please place your bid as early as possible. In the event of identical bids, the earliest received will take priority.

Telephone Bids

Bids may be placed by telephone during the sale, but are accepted only at Russian Art Project discretion and at the caller’s risk. You may make arrangements before a sale for a Russian Art Project telephone bidder to contact you at a telephone number of your designation in order for you to participate in the bidding on particular lot(s).  
By bidding on the telephone, prospective purchasers consent and agree to the Terms and Conditions. Telephone bidding is a convenience offered to Russian Art Project customers and while we make every effort to execute your instructions regarding your telephone bidding, Russian Art Project is not liable or responsible for any errors or failure to execute such instructions.

Telephone Absentee Bids

All absentee bids submitted via telephone must be confirmed in writing or by fax using the absentee bidding form. If absentee bidding instructions are given to Russian Art Project and its representatives via telephone, but not confirmed in writing, the same instructions as for written absentee bidding shall apply. Further, by offering any absentee bid, whether in writing or via telephone, the bidder accepts and agrees to the Terms and Conditions of the auction as printed in the catalogue for that auction.