TERMS OF USE HURWITZ FINE INSTRUMENTS AND BOWS

Welcome to www.hurwitzviolins.com, the website and online service of Hurwitz Fine Instruments and Bows (“Hurwitz’s” “Hurwitz Fine Instruments and Bows” “we,” or “us”). This page explains the terms by which you may use our online services, web site, and software provided on or in connection with our services (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection, use, and disclosure of your information as set forth in the Hurwitz’s Privacy Policy (LINK) whether or not you are a registered user of our Service. Hurwitz Fine Instruments and Bows reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

Any tax information is intended to be used as a guide only. In all cases the relevant tax legislation takes precedence. All VAT rates and export license thresholds mentioned below will correspond to the rates and thresholds in effect on the day of the auction. Please note that, for VAT purposes only, auction lots will be sold as if they were the property of Hurwitz Fine Instruments and Bows; Hurwitz Fine Instruments and Bows should not be considered as an agent for the sale of the lots.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

You may use the Service only if you can form a binding contract with Hurwitz Fine Instruments and Bows, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Hurwitz Fine Instruments and Bows.

1. USE OF THE WEBSITE

Hurwitz Fine Instruments and Bows provides a service for Users to place for sale at auction and retail, bid on, offer and purchase musical instrument, bows, and other speciality items and combinations of such items through the Hurwitz’s online sales platform (“Retail”), and the Hurwitz’s auction sales platform (“Auction”). As used in this Agreement, any User who places an item for sale through Auction or Retail is referred to as a “Seller”; any User who bids/offers or purchase an item through Auction is referred to as a “Bidder”; and any User who purchases/offers on an item through Retail is referred to as a “Buyer.” Goods offered for sale through Retail are referred to as “Item(s)”, and goods offered for sale through Auction are referred to as “Lots”.

The terms and conditions of this Agreement expressly apply to and govern the sale, bidding on, and purchase of all Lots and Items offered through the Auction or Retail. By using the Auction or Retail services in any manner, including without limitation selling, bidding on, making an offer, or purchasing any Lot at the Auction or Retail, or acting as an agent for a Seller or Buyer, you expressly agree to the applicable terms and conditions of these “Auction Terms,” in addition to the other applicable terms and conditions of this Agreement.

The User agrees that he/she: (a) through the use of the Website, acknowledges and accepts these Terms of Use; (b) will not copy or distribute any content of the Website; and (c) will not interfere with or access the service provided by the Website in any way other than that which is intended by Hurwitz Fine Instruments and Bows. (d) understands that any breach of these Terms of Use will result in permanent or temporary termination or suspension of your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

A User must be registered in order to bid in an Auction or make offers through the Retail platform. The registering User represents and undertakes to Hurwitz Fine Instruments and Bows. that all information contained in the registration application is complete, truthful and accurate.

Hurwitz Fine Instruments and Bows reserve the right to: (a) decide whether to verify the User; (b) carry out credit and verification checks on the User; and (c) require bank guarantees or payment in advance in order for the User to bid or offer on any lot or item.

Following a successful registration application, Hurwitz Fine Instruments and Bows will create a new User Account using the details provided on the registration/sign up form.

The registered User: (a) agrees that Hurwitz Fine Instruments and Bows shall be entitled to treat all activities conducted through a User Account as having been made by the relative User; (2) undertakes to keep confidential all the details of his/her User Account, including usernames and passwords; (3) undertakes to notify Hurwitz Fine Instruments and Bows in writing of any subsequent changes of the registration details; (4) undertakes to inform Hurwitz Fine Instruments and Bows immediately of any security breach or unauthorised use of his/her User Account; and (5) agrees that any use of his/her User Account is his/her sole responsibility.

2. AUCTION AND RETAIL CONDITION, HISTORY AND PROVENANCE

Hurwitz Fine Instruments and Bows takes every step possible to provide accurate reports on condition and provenance, however it is the User’s responsibility to satisfy himself/herself about the following factors before bidding/offering for any auction lot or retail item and the User shall rely on his/her own inspection of the item prior to purchase.

Where Hurwitz’s make any statement describing an Item or Lot, whether in a condition report or otherwise, Hurwitz’s merely express an opinion and do not (and nor does the Seller) give any warranty whatsoever as to the quality, state of repair, condition, history and/or value of a Lot or Item. Where the User/Bidder/Buyer has reason to believe that a Lot or Item is not a genuine work of the stated maker, then the User/Bidder/Buyer may submit a notice of claim pursuant to the further terms of this paragraph. The User/Bidder/Buyer shall in such event, and within 20 days of the close of bidding on such Lot or Item, assure that Hurwitz’s has received both the Lot or Item and the User/Bidder/Buyer’s written notice of the User/Bidder/Buyer’s reasons for contesting the authenticity of the Lot or Item.

Upon receipt of such a notice and the applicable Lot from the User/Bidder/Buyer, and upon the User/Bidder/Buyer’s request therefore, Hurwitz’s will supply a list of three experts, as chosen by Hurwitz’s in its sole discretion, whose opinions would be used to determine the authenticity of such Lot or Item (“Consultants”). Subject to the User/Bidder/Buyer’s compliance with the terms and conditions of this paragraph, Hurwitz’s shall in collaboration with its Consultants make a determination of the authenticity of such Lot or Item, and, if Hurwitz’s, in its sole discretion, determines that the Lot or Item is not a genuine work of the maker specified in the applicable catalogue, Hurwitz’s will fully refund the purchase price (including Buyer’s Commission) paid for the Lot or Item by the User/Bidder/Buyer. If Hurwitz’s determines, in its sole discretion, not to refund the purchase price, the Lot or Item will be returned to the User/Bidder/Buyer at his or her sole risk and (pre-paid) expense. All packaging, handling, shipping and insurance shall be the sole responsibility of the User/Bidder/Buyer. Hurwitz’s shall have no responsibility for any loss or damage to any Lot or Item incurred in shipment.

The User acknowledges that Hurwitz’s is not responsible for any fault or defect in any item and that each item is sold as seen. Hurwitz’s may sell certain items with a written opinion of authenticity from many different sources. For the avoidance of doubt, the User/Bidder/Buyer shall not have a right to contest the authenticity of a Lot or Item where Hurwitz’s has qualified an attribution to a maker with terms such as and not limited to “ascribed to”, “attributed to”, “school of”, or similar terms referring to a maker; in addition, the User/Bidder/Buyer shall have no right to contest any statement by Hurwitz’s with respect to the nationality of a maker or the country of origin of a Lot.

We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This website may contain certain historical information. Historical information, is provided for your reference only and should not be relied on. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

3. BIDDING (AUCTION)

To place a bid through the Auction, you must follow the instructions located on the Service. All items will have a time limit at which the item will no longer be available for sale. The highest bid at 0 (zero) seconds will be considered the winning bid. All bids must be placed in the respective currencies listed on each Lot page in each individual case. Bidding will start at the Starting Price. By placing any bid on a Lot, you acknowledge and agree that you are committing to a legally binding and irrevocable purchase of the Lot at any price up to and including your highest bid amount. Subject to the “Reserves” section below, if you place the highest bid for a Lot as determined by Hurwitz Fine Instruments and Bows at the close of Auction, your bid will be deemed accepted, and you will be obligated to purchase the Lot at the bid price and pay any applicable fees and taxes (including, but not limited to, seller’s commission charged to the Buyer and applicable VAT). Failure to complete the transaction after acceptance of your bid is a breach of this Agreement and is legally actionable by Hurwitz Fine Instruments and Bows. All bid retractions require the prior written consent of Hurwitz Fine Instruments and Bows. Hurwitz Fine Instruments and Bows may reject any bid at its sole discretion. If you are a Seller or acting on behalf of a Seller, then you and any agents acting on your behalf are expressly prohibited from bidding on any Lots provided to Hurwitz Fine Instruments and Bows or the Auction by or on behalf of that Seller. If you or your agent bid on a Lot in violation of the foregoing and are the highest bidder at the end time for the Lot, the item will be deemed void and you will pay us the Seller’s Commission and the Buyer’s Premium and you or your agent shall not be entitled to any of the representations, warranties, or other rights or benefits provided by us to any Buyers under this Agreement.

4. BUYING (RETAIL)

To make an offer on an item through retail you must follow the instructions located on the Service. All offers are to be made in the respective currencies listed on each item page in each individual case. All offers made by the User will be sent to the Seller via Hurwitz Fine Instruments and Bows within 24 hours of submission. The Seller has 24 further hours to accept or decline an offer, and the User will then be notified by email, phone or post using the details provided at registration/sign up. By submitting an offer in Retail, you acknowledge and agree that you are committing to a legally binding and irrevocable offer to purchase the item at the submitted offer price once accepted by the Seller. Hurwitz Fine Instruments and Bows and the Seller reserve the right to decline the offer for any reason at any time. All requests to retract an offer must be submitted in writing to Hurwitz’s within 12 hours of the original submission. Hurwitz’s retains at its absolute discretion the right to accept or refuse any requests for an offer to be retracted.

5. RESERVES

Lots to be sold through the Auction will consist of one or more items. Some or all of the Lots offered for sale may be subject to the “Reserve Price.” The “Reserve Price” is a confidential minimum value agreed upon by the Seller of such Lot and Hurwitz Fine Instruments and Bows under a Consignment Agreement, below which Hurwitz’s is not obligated to sell such Lot. Hurwitz’s may choose to implement any such Reserve by placing bids up to the amount of the Reserve. If bidding does not reach a Lot’s Reserve at the close of the Auction, Hurwitz’s may, at its sole discretion, (a) sell the Lot to the highest bidder at his or her highest bid amount, even if the bid amount is below the applicable Reserve (without limiting Hurwitz Fine Instruments and Bows’s payment obligations in the Consignment Agreement), or (b) refuse to sell the Lot. Hurwitz’s may make downward adjustments to a Lot’s Reserve upon oral or written agreement with, or instruction from, the applicable Seller.

6. CURRENCIES

Where it is indicated that the Lot or Item is being sold in a currency other than Pounds Sterling, payment must be made in the currency shown.

7. SHIPPING AND EXPORTS

It is the responsibility of the buyer to arrange shipment of their purchased lot. Hurwitz Fine Instruments and Bows does not provide a shipping and packing service, however Hurwitz Fine Instruments and Bows can recommend the following shipping and customs agents and will help liaise with these contacts at their sole discretion. Hurwitz’s is not liable for any acts or omissions made by the shipping and customs recommended.

Art Plus International 97 Fox Lane Palmers Green London, N13 4AP Tel: +44 (0) 20 8882 1071 Mobile: +44 (0) 7710 747710 Fax: +44 (0) 20 8372 3772 Email: rt@art-plus.co.uk

Rock-it Cargo Ltd Unit 6, X2 – Hatton Cross Centre Eastern Perimeter Road London Heathrow Airport Hounslow, TW6 2GE Tel: +44 (0) 20 88 977 9777 Fax: +44 (0) 20 88 975 699 Email: info@rock-it.co.uk

Regency Shipping Ltd Unit 15, Trident Industrial Estate Blackthorne Road Colnbrook, Berkshire, SL3 0AX Tel: +44 (0) 1753 287800 Fax: +44 (0) 1753 287888 Email: info@rsllhr.co.uk

Where applicable, it is the responsibility of the buyer/bidder to arrange for the export of a purchased Lot or Item out of the UK and its import into another country. This includes obtaining any export or import licences that may be required, as well as any documentation for endangered species, if relevant.

UK Export Licence

Instruments and bows require an export licence if they are at least 50 years old, they have not been imported under Temporary Admission (see VAT and Tax rules) and they are either: exported to a EU country and valued at least £65,000; or exported to a non-EU country and valued at least £39,290. Upon request, under certain circumstances Hurwitz Fine Instruments and Bows may apply for an export licence on behalf of the buyer/bidder and under his/her responsibility.

CITES Permit

The import, export and use for commercial gain of materials derived from certain species require a permit from CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora). These materials include, but are not limited to, ivory, tortoiseshell and whalebone. It is recommended that the buyer enquire with the UK government as well as the government of the importing country about possible restrictions. For more information, please visit www.gov.uk/cites-imports-and-exports

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

9. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

10. WITHDRAWAL

Hurwitz Fine Instruments and Bows may withdraw any Lot from any Auction or Retail at any time and for any reason we consider appropriate, if, for example, we have concerns regarding the provenance, title, authenticity, attribution, composition, age, condition, value or marketability of that Lot, or more generally, if we believe the sale of that Lot would be improper. With Hurwitz Fine Instruments and Bows’s approval, a Seller may withdraw any Lot from any Auction or Retail prior to the initial publication of the applicable sale and, in such event, the Seller shall pay us twenty five per cent of the average of the high and low pre-sale estimates for such Lot or Item that are set forth on the applicable Consignment Agreement, plus our charges for any repairs made to the Lot, if applicable, and an insurance fee equal to one per cent of the average of the high and low estimates for the Lot. If a Seller withdraws a Lot or Item, it will be returned to the Seller at the Seller’s expense and risk and following our receipt of all monies due to us in accordance with this Agreement.

11. PAYMENT TERMS

The Buyer must make full payment of the purchase price of any Lot or Item to Hurwitz Fine Instruments and Bows, plus any applicable sales taxes, commissions (premiums), and all charges associated with shipping (including shipping insurance) no later than 14 working days after the close of bidding or acceptance of an offer. Payment can be made by credit card up to £10,000 (subject to 3 per cent fee but please note that Hurwitz Fine Instruments and Bows do not accept American Express or Diners Club), debit card up to £20,000; cheques (UK only), international and local bank transfers, bankers’ drafts and cash with proof of ID up to £10,000 or equivalent in other currencies.

Title of the purchased Lot or Item will not be passed to the Buyer/Bidder and the Lot or Item cannot be collected until cleared funds have been received for the full payment of the Lot or Item by Hurwitz Fine Instruments and Bows. Any purchased Lot or Item remaining unpaid 15 days after the issuance of the invoice may incur a late payment fee of 3 per cent of the Hammer Price (the final winning bid) or Offer Price.

12. DEFAULTING USERS

If a User becomes a Defaulting Buyer/Bidder with respect to a purchased Lot or Item by not paying Hurwitz Fine Instruments and Bows in accordance with this agreement, Hurwitz Fine Instruments and Bows may re-offer for sale the Lot or Item in question to other potential Buyers or Bidders, either on the Website during the same Auction or Retail or another future Auction or Retail, or through Private Sale. A Defaulting Buyer/Bidder shall remain responsible for the payment to Hurwitz Fine Instruments and Bows of all the damages associated with such a default. Such damages will be the sum of all damages resulting from the Defaulting Buyer/Bidder’s default, including but not limited to: (a) all of the Seller’s Commission on the intended sale of the Lot(s) or Item(s) in question; (b) Hurwitz Fine Instruments and Bows’s costs and expenses in connection with the attempted sale or eventually, re-sale of the Lot(s) or Item(s), or their return to the Seller, (c) in the case that the Lot is re-sold and achieves a price that is lower than the price to which the Defaulting Buyer was committed, the difference between the two prices; and (d) Hurwitz Fine Instruments and Bows’s and the Seller’s respective legal costs.

Hurwitz Fine Instruments and Bows may also choose to return the Lot or Item to the Seller at Hurwitz Fine Instruments and Bows’s sole discretion. If Hurwitz Fine Instruments and Bows informs the Defaulting Bidder/Buyer that the Lot is being returned to the Seller, the Defaulting Bidder/Buyer shall in any event immediately pay to Hurwitz Fine Instruments and Bows the expenses listed above. Hurwitz Fine Instruments and Bows shall be entitled to immediate payment from the Defaulting Bidder/Buyer, including, but not limited to injunctive relief or any other form of specific performance or interim or equitable relief available in the jurisdictions where Defaulting Bidder/Buyer resides or holds assets, of the amounts owed to Hurwitz Fine Instruments and Bows by the Defaulting Bidder/Buyer.

13. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Hurwitz Fine Instruments and Bows, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the minimum extent permitted by law.

15. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Hurwitz Fine Instruments and Bows and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

16. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

17. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

18. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against Hurwitz Fine Instruments and Bows.

19. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Flat 2 Leighton Mansions, London, HMF, W149SQ, United Kingdom.

20. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

21. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@hurwitzviolins.com.