All lots are sold "AS IS". No statement regarding condition, kind, value, or quality of a lot, whether made orally at the auction or at any other time, or in writing in this catalogue or elsewhere, shall be construed to be an express or implied warranty, representation, or assumption of liability. Any such warranty is waived. Regarding works of art, MJ Welch Auctioneers & Appraisers  does not make any express or implied warranty as to authorship. No statement in the catalogue or elsewhere, orally or in writing, shall be construed as an express or implied warranty, representation, or limitation of liability as to authorship. Any such warranty is WAIVED.

Access to and use of this World Wide Web site (the "Site") is provided subject to the terms, conditions and notices described below (the "Terms and Conditions"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY CLICKING ON THE "I ACCEPT" BUTTON AT THE END OF THESE TERMS AND CONDITIONS AND THE CONDITIONS OF SALE THAT FOLLOW, YOU AGREE TO ACCEPT ALL OF THE PROVISIONS SET FORTH IN THE TERMS AND CONDITIONS AND CONDITIONS OF SALE WITHOUT CHANGE.

MJ Welch Auctioneers & Appraisers ("MJ Welch Auctioneers & Appraisers") reserves the right, within its sole discretion, to change, modify, update, add, or delete portions of the Terms and Conditions and Conditions of Sale at any time, and your use of this Site will be conditioned upon the Terms and Conditions and Conditions of Sale in effect at the time of your use. You should check this page periodically for updates.

When submitting an Absentee Bid through this Site, you will be required to acknowledge your acceptance of the Terms and Conditions and Conditions of Sale in effect at the time of each bid by clicking on the "Submit Bid. I Accept the Terms and Conditions and Conditions of Sale" button at the end of the Absentee Bid form.

 

MJ Welch Auctioneers & Appraisers is the exclusive owner (or authorized licensee) of all intellectual property rights, including copyright, and other rights, in the compilation of the textual and visual material contained on this Site, including but not limited to, the illustrations and images contained in the online catalogue. These rights are valid and protected in all forms, media and technologies existing now or hereafter developed, under United States and international law.

You may not sell, license, copy, reproduce, transmit, create derivative works or otherwise use any material or content from this Site for public or commercial purposes, except as permitted by the Limited License to Use set forth below.
 

MJ Welch Auctioneers & Appraisers grants each user of this Site a limited license to make personal use of the Site for the sole purpose of viewing, bidding upon or purchasing items offered at auction and for no other purpose.
 

This Site is made available on an "as is" and "as available" basis. To the full extent permissible by applicable law, MJ Welch Auctioneers & Appraisers disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, security, accuracy, completeness or currentness. You agree that your use or reliance on this Site is at your sole risk and that you are solely responsible for any loss or damage arising. MJ Welch Auctioneers & Appraisers does not make any representations or warranties, express or implied, regarding the operation of this Site, its servers, or any material contained on or transmitted by this Site, including but not limited to any warranties that this service will be uninterrupted, continuously available, timely, secure, free from error, free of viruses or other harmful components.

Because some jurisdictions do not permit the exclusion of certain warranties, or the exclusion or limitation of certain damages, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights which vary from state to state.

For purposes of this provision, MJ Welch Auctioneers & Appraisers shall include MJ Welch Auctioneers & Appraisers, its directors, officers, employees, its divisions, subsidiaries, successors, parent companies, and their officers, directors, employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data and all other parties involved in creating and producing this Site.

To the maximum extent permitted by law, MJ Welch Auctioneers & Appraisers will not be liable for any direct, indirect, punitive, incidental, special or consequential damages, whether foreseeable or not, arising from the use of, or the inability to use, this Site regardless of whether such alleged liability is based upon contract, tort, negligence, strict liability or any other basis. If you are dissatisfied with this Site or with any of the Terms and Conditions or Conditions of Sale, your sole and exclusive remedy is to discontinue using the Site. Because some jurisdictions do not permit the exclusion or limitation of certain kinds of damages, MJ Welch Auctioneers & Appraisers liability in these jurisdictions shall be limited to the extent permissible under law.

Without limiting the foregoing, and to the maximum extent permitted by law, MJ Welch Auctioneers & Appraisers will not be liable for any direct, indirect, punitive, incidental, special or consequential damages, whether foreseeable or not, arising from MJ Welch Auctioneers & Appraisers failure to execute or rejection of any Absentee Bid submitted online, or any error in connection with the execution or failure to execute such bid and shall not be subject to any injunctive relief in connection with any Absentee Bid.

For purposes of this provision, MJ Welch Auctioneers & Appraisers shall include MJ Welch Auctioneers & Appraisers, its directors, officers, employees, its divisions, subsidiaries, successors, parent companies, and their officers, directors, employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data and all other parties involved in creating and producing this Site.

MJ Welch Auctioneers & Appraisers, through this Site, offers its clients the convenience of submitting Absentee Bids online free of charge. MJ Welch Auctioneers & Appraisers representatives will endeavor to execute Absentee Bids submitted online, but, as set forth in the foregoing Limitation of Liability provision, will not be liable for any damages, whether foreseeable or not, arising from MJ Welch Auctioneers & Appraisers failure to execute or its rejection of any Absentee Bid submitted online, or any error in connection with the execution or failure to execute such bid and shall not be subject to any injunctive relief in connection with any Absentee Bid..

Absentee bids, whether submitted online or by other means, are governed by the Conditions of Sale printed in each auction catalogue and on this website and, in addition, by the Terms and Conditions set forth on this website. By submitting an Absentee Bid online, bidders agree to be bound by the Conditions of Sale and Terms and Conditions. Absentee bidders who submit Absentee Bids online expressly acknowledge that at the fall of the auctioneer's hammer, title to the offered lot will pass to the bidder acknowledged by the auctioneer, whether such bid is made in person or as an absentee bid executed by a representative of MJ Welch Auctioneers & Appraisers on behalf of an absentee bidder. The bidder, whether in person or absentee, thereupon assumes full risk and responsibility and will pay the full purchase price for the said lot, plus the buyer's premium, all applicable taxes and other expenses. MJ Welch Auctioneers & Appraisers reserves the right to require that all Absentee Bids, including those submitted online, be accompanied by a 25% deposit.

 

Only those persons who can lawfully enter into and form contracts and participate in online auctions under applicable law are allowed to enter and submits bids on this Site. Without limiting the foregoing, minors and other individuals who are not permitted to enter into legally binding contracts or participate in online auctions under the laws of the states in which they reside are not allowed to enter and submit bids.

By registering with this Site and submitting a bid, you agree to this Site's Terms and Conditions and Conditions of Sale. Regardless of whether you register with the Site or submit a bid, however, you agree to the Terms and Conditions that apply to all users of this Site.

MJ Welch Auctioneers & Appraisers shall be entitled, without any liability, to refuse to accept any Absentee Bid submitted online or to terminate its acceptance of all Absentee Bids for any auction, or for any item offered at auction, for any reason and at any time. MJ Welch Auctioneers & Appraisers shall have the right to investigate the credit of any bidder submitting an Absentee Bid online or such bidder's use of a credit card or other arrangement for payment, and shall be entitled to reject any Absentee Bid submitted online, cancel any sale or require additional assurance of payment, if MJ Welch Auctioneers & Appraisers believes, in its sole discretion, that there appears to be grounds to do so.

This Site may be used only for lawful purposes and in a lawful manner. You warrant and agree at all times to comply with all applicable laws, statutes and regulations. You warrant and agree not to register under a false or fictious name, use another person's user id or password, or otherwise provide false information, including but not limited to providing false, invalid or unauthorized credit card information. MJ Welch Auctioneers & Appraisers may notify law enforcement agencies of any conduct it believes, in its sole discretion, constitutes fraudulent or unlawful conduct and will cooperate with law enforcement authorities to ensure that users engaging in such conduct will prosecuted to the fullest extent allowed under the law.

MJ Welch Auctioneers & Appraisers reserves the right, within its sole discretion, to cancel or terminate the right of any user to use this Site or any part of this Site, including the ability to submit Absentee Bids, at any time with or without notice. Without limiting the foregoing, MJ Welch Auctioneers & Appraisers shall have the right to immediately terminate any user's access to and use of this Site in the event that MJ Welch Auctioneers & Appraisers determines, in its sole discretion, that the user has engaged in conduct that MJ Welch Auctioneers & Appraisers deems inappropriate, unlawful or inconsistent with or in breach of these Terms and Conditions or its Conditions of Sale.

These Terms and Conditions of Use and Conditions of Sale constitute the entire agreement between MJ Welch Auctioneers & Appraisers and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, whether written or oral. Neither the course of conduct between the parties nor trade practice shall act to modify any provision under these Terms and Condition and Conditions of Sale.

Any failure by MJ Welch Auctioneers & Appraisers to enforce strict compliance with these Terms and Conditions and Conditions of Sale shall not be construed as a waiver of any of its rights hereunder; any waiver by MJ Welch Auctioneers & Appraisers of any breach of these Terms and Conditions and Conditions of Sale shall not be deemed to be a waiver of any preceding or subsequent breach.

If any provision of the Terms and Conditions and Conditions of Sale shall be held to be unlawful, void or for any reason unenforceable, then that provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, or failing any such interpretation that would render the provision valid, be deemed severable from this agreement and not affect the validity and enforceability of the remaining provisions of the Terms and Conditions and Conditions of Sale, which shall remain in full force and effect.

The Terms and Conditions and Conditions of Sale shall be governed by and construed in accordance with the laws of the State of Louisiana without giving effect to any principles or conflicts of law. You hereby consent and submit to the exclusive personal jurisdiction of the state and federal courts located in the parish of Orleans, Louisiana, in connection with all claims and controversies arising from your use of this Site or under this Agreement.

Placing a bid at auction constitutes buyer's acceptance of and agreement to these Conditions of Sale.

1. WAIVER OF WARRANTY: All lots are sold AS IS. No statement regarding condition, kind, value, or quality of a lot, whether made orally at the auction or at any other time, or in writing in this catalogue or elsewhere, shall be construed to be an express or implied warranty, representation, or assumption of liability. Any such warranty is WAIVED. Regarding works of art, MJ Welch Auctioneers & Appraisers  does not make any express or implied warranty as to authorship. No statement in the catalogue or elsewhere, orally or in writing, shall be construed as an express or implied warranty, representation or limitation of liability as to authorship. Any such warranty is WAIVED.

Buyer agrees and acknowledges that:
(a) buyer is not relying on MJ Welch Auctioneers & Appraisers  skill or judgment in selecting to purchase any lot;
(b) no oral or written statements in the catalogue of MJ Welch Auctioneers & Appraisers  or elsewhere regarding condition, attribution, kind, quality, value or authorship are the cause of or reason behind buyer's purchase of any lot;
(c) buyer would have incurred the purchase of any lot regardless of any oral or written statements about condition, attribution, kind, quality, value, or authorship made in the catalogue or elsewhere;
(d) MJ Welch Auctioneers & Appraisers  did not know and could not have known that condition, attribution, kind, quality, expressed value, or authorship is the cause or reason why buyer decides to purchase any lot;
(e) buyer's purchase of any lot is not intended to gratify a nonpecuniary interest; and
(f) MJ Welch Auctioneers & Appraisers did not know, nor should it have known, that any oral or written statement about a lot in the catalogue or elsewhere would cause a nonpecuniary loss to buyer.

Notwithstanding the foregoing WAIVER OF WARRANTY, agreements and acknowledgements, MJ Welch Auctioneers & Appraisers  may in its sole discretion, but shall not be obligated to, consider any reasonable request for rescission of a sale on the basis of authenticity of authorship of a work of art under the following terms and conditions only, all of which must be met:
A. MJ Welch Auctioneers & Appraisers shall not grant rescission regarding lots identified by MJ Welch Auctioneers & Appraisers  by the terms attributed to, school of, manner of, after, or signature of.
B. MJ Welch Auctioneers & Appraisers shall not grant rescission regarding any lot unless the buyer notifies MJ Welch Auctioneers & Appraisers in writing within a reasonable time from the date of the auction, and returns the lot to MJ Welch Auctioneers & Appraisers  in the same condition that the lot was in at the time of sale.
C. MJ Welch Auctioneers & Appraisers  shall not grant rescission regarding any lot unless the buyer presents to MJ Welch Auctioneers & Appraisers  a written document signed by a recognized art expert acceptable to MJ Welch Auctioneers & Appraisers that the lot question is a forgery.
D. MJ Welch Auctioneers & Appraisers shall not grant rescission to any person (including but not limited to the original buyer?s heirs, legatees, assigns, transferees, or subsequent purchasers) other than the original buyer, and any rights of the original buyer are not transferrable or assignable.
E. MJ Welch Auctioneers & Appraisers shall not grant rescission when: (i) there is a conflict of expert opinion as to the authorship; (ii) expert opinion supported authorship at the time of sale, although expert opinion may have changed after the date of sale; and (iii) scientific processes that were unavailable, expensive or impractical at the time of sale have revealed since the time of sale that the author or period MJ Welch Auctioneers & Appraisers believed to be accurate at the time of sale was inaccurate.
F. In any dispute between MJ Welch Auctioneers & Appraisers and buyer regarding authorship of a work of art, it is stipulated that rescission of the sale and refund of the price paid shall be the buyer's sole recourse or remedy, if any is available, and MJ Welch Auctioneers & Appraisers shall not be responsible or obligated for any damages (including compensatory, general, incidental, exemplary or special damages), non-pecuniary losses, costs, expenses, injury, mental anguish, lost profits, attorney's fees, or any other monetary or injunctive relief.

2. The auctioneer shall have absolute discretion in determining the
successful bidder. At the fall of the auctioneer's hammer, title to the offered lot will pass to the bidder acknowledged by the auctioneer. The bidder thereupon assumes full risk and responsibility and will pay full purchase price for the said lot.

3. The auctioneer may decide that any original bid is not commensurate
with the value of the article offered, or that any advance thereafter is not of sufficient amount, he may reject the same.

4. The auctioneer reserves the right to withdraw any item at any time
before the sale of the item.

5. No merchandise will be released before the end of the auction.

6. If the buyer fails to comply with any of the conditions of sale, MJ Welch Auctioneers & Appraisers reserves the right to hold such defaulting buyer liable for the purchase price; to cancel the sale, retaining as liquidated damages any payment made by the buyer; resell the property without reserve at public auction or privately on seven days' notice to the buyer or, take such other actions available by law as deemed necessary or appropriate. If MJ Welch Auctioneers & Appraisers  resells the property, the original defaulting buyer shall be liable for the payment of any deficiency in the purchase price and all costs and expenses, including warehousing, the expenses of both sales, reasonable attorneys' fees, commissions, incidental damages and all other charges due hereunder.

Please note that all of the terms and descriptions used in this catalogue are intended as qualified opinions only and are subject to the Terms & Conditions/Conditions Of Sale.  MJ Welch Auctioneers & Appraisers  assumes no express or implied warranty with respect to these terms and descriptions, and they shall not be construed to be a warranty, representation or assumption of liability. Subject to the foregoing, with respect to authorship of works of art, the following terms shall have the following meanings:

George Inness
In our qualified opinion, we believe the work is by the artist named. 

Attributed to George Inness
In our qualified opinion, we believe the work may be ascribed to the artist named on the basis of style and period, but our opinion is less certain than in the previous category.

Signed ?George Inness?
In our qualified opinion, the signature, monogram or other indication of authorship is a signature of the artist.

School of George Inness
In our qualified opinion, the work is of the period of the artist named, by a student or a follower of the artist, but not by the artist.

Manner of George Inness
In our qualified opinion, although the work is in the style of the artist named, it is actually of a later period.

After George Inness
In our qualified opinion, the work is a copy of a known work of the artist named.  Bears signature ?George Inness? - In our qualified opinion, although the work bears the signature or monogram of the artist, the work most likely is not that of the artist.

1. All absentee bids and/or telephone bids must be in our gallery by 5 P.M. the day prior to the auction.

2. All arrangements for bidding should be made as early as possible. Telephone bidding will be taken at the discretion of the MJ Welch Auctioneers & Appraisers.  Each item must have a low estimate of $100.00.

3. We assume no responsibility for failure to execute bids for any reason whatsoever.

4. We reserve the right to require that advance bids be accompanied by a 25% deposit.

1. The successful bidder agrees to pay a buyer's premium in the amount of
17.5% of the hammer price on each lot up to and including $50,000, plus 10% of the hammer price greater than $50,000. For purchases made by cash, check or wire transfer, the buyer's premium shall be discounted 2.5% of this 17.5%.

2. Unless exempt by law, the purchaser will be required to pay Florida and local taxes, and, if applicable, any federal luxury or other tax, on the total purchase price.

3. Documentation of tax exemption must be provided upon registration.

4. Payment in full must be made by the successful bidder at or prior to the close of the auction. We reserve the right to require payment in full of the sales price at the moment of the successful bid.

5. VISA, MasterCard and Discover are accepted for invoices up to $25,000 per customer.

Any customer not accredited by the MJ Welch Auctioneers & Appraisers Co. must present a letter of reference from their bank or other suitable source acceptable to MJ Welch Auctioneers & Appraisers. The MJ Welch Auctioneers & Appraisers requests that the merchandise be held on premises until the check clears or money can be wired into the MJ Welch Auctioneers & Appraisers account.
 

We will assist buyers in making shipping arrangements by furnishing information on packers and shippers. Handling of purchased lots by us is at the risk of the purchaser. Final shipping arrangements and agreements are strictly between the buyer and the shipper.

We will be glad to store certain items purchased at auction until transportation is arranged. Unless other arrangements are made and confirmed in writing, all items must be removed within one week of the auction. On the first business day following that time period, merchandise remaining in the gallery will be turned over to a storage facility. The owner will be responsible for handling and storage costs. Handling costs will be a minimum of $50.00. Storage rates will carry a minimum charge of $15.00 per month.

For a list of our storage charges by item category, please ask our customer service personnel at the front desk area. All items handled or stored will be at the purchaser's risk. Storage charges are billed monthly and must be paid before merchandise is released. We are not liable for any damage to merchandise after the sale.

Return to Home Page