Art with a Heart 2026 Charity Auction: Perry J. Cohen Foundation

Perry J. Cohen Foundation Art With A Heart Auction

Terms & Conditions of Sale

These Terms & Conditions apply to all bidders participating in the Perry J. Cohen Foundation, Inc. ("PJCF") Art With A Heart Auction, whether bidding in person, online, by telephone, absentee bid, or through any other approved bidding method.

Palm Beach Modern Auctions ("PBMA") is donating its auction services and serves as auctioneer and technology facilitator for this charitable auction. Rico Baca is the auctioneer and retains authority over the conduct of the auction as described below.

PJCF is responsible for the property offered, descriptions, establishing reserves, seller-directed withdrawals, invoicing, payments, taxes, releases, refunds, and all post-sale matters.

The terms "you," "your," "buyer," "purchaser," and "bidder" refer to a person bidding on or purchasing property.

1. Seller and Beneficiary

The auction is conducted for the benefit of Perry J. Cohen Foundation, Inc. PJCF acts as the seller or authorized selling representative for the property offered. PBMA is not the owner or seller of the property.

Unless otherwise specifically disclosed, auction property has been donated for the benefit of PJCF. PJCF will receive and administer the proceeds in accordance with its charitable mission.

Certain specially identified offerings may involve a revenue-sharing arrangement with an artist or other participant. Any such arrangement will be separately disclosed before bidding on the affected lot.

2. No Buyer's Premium or Online Bidding Fee

There is no buyer's premium charged by PJCF or PBMA.

Bidsquare is donating its auction-platform participation for this charitable event and will not charge bidders a separate online bidding fee or percentage of the hammer price.

The purchase price is the hammer price plus applicable sales tax. Credit-card payments are also subject to the processing fee described in Section 7. Packing, shipping, handling, storage, insurance, delivery, and other services for which the purchaser is responsible are separate from the purchase price, as described below.

3. Registration and Acceptance of Terms

By registering to bid or placing a bid through any approved method, each bidder agrees to be bound by these Terms & Conditions.

PJCF and PBMA reserve the right to refuse or revoke bidding privileges where reasonably necessary for the orderly conduct of the auction.

A bidder acting for another person or entity must disclose that relationship and establish authority to act upon request.

4. Conduct of the Auction and Bid Increments

Rico Baca, as auctioneer, has sole discretion over the conduct of the auction, subject to applicable law. This authority includes advancing bidding, changing bid increments, recognizing bidders, rejecting bids, withdrawing lots, resolving bidding disputes, reopening bidding where appropriate, and reoffering lots where permitted by law.

The auctioneer's determination regarding bidding activity and the conduct of the auction will be final, subject to applicable law.

The standard bid increments are:

• $0-$99: $10 increments.

• $100-$499: $25 increments.

• $500-$999: $50 increments.

• $1,000-$2,999: $100 increments.

• $3,000-$4,999: $250 increments.

• $5,000-$9,999: $500 increments.

• $10,000-$29,999: $1,000 increments.

• $30,000 and above: increments at the auctioneer's discretion.

These increments apply to advance and live bidding, subject to adjustment by the auctioneer.

Internet, telephone, and absentee bidding are offered as conveniences. Neither PJCF nor PBMA guarantees uninterrupted access or the receipt or execution of every bid. To the extent permitted by law, neither is responsible for bids delayed, lost, or not received because of technical failures, connection interruptions, or circumstances beyond its reasonable control.

If an interruption or technical issue occurs, the auctioneer may pause, continue, or reschedule the auction or an affected lot and determine the appropriate procedure for resolving any resulting bidding issue.

5. Reserves and Withdrawal of Property

Certain lots may be offered subject to a reserve, which is a confidential minimum price below which the lot will not be sold.

PJCF is responsible for establishing reserves. The auctioneer may open bidding below the reserve and place bids on PJCF's behalf up to the reserve to protect that reserve. Such bids are seller bids and do not represent independent bidder interest.

PJCF may direct the withdrawal of property before sale, subject to applicable law. The auctioneer also retains independent authority to withdraw a lot as part of the conduct of the auction.

6. Winning Bid and Contract of Sale

The highest bidder acknowledged by the auctioneer will be the purchaser, subject to any applicable reserve.

Upon the auctioneer's declaration that a lot is sold, the successful bidder enters into a binding obligation to purchase the property at the hammer price, together with applicable taxes and any other charges disclosed in these Terms & Conditions or agreed to by the purchaser.

Each lot constitutes a separate sale.

7. Payment

Payment is due immediately following the auction, unless PJCF approves another payment arrangement.

PJCF will issue all invoices and process all payments.

Accepted payment methods include Visa, MasterCard, American Express, Discover, Diners Club, PayPal, ACH transfer, wire transfer, and check when approved by PJCF.

A 2.9% credit-card processing fee applies to payments made by credit card.

Buyers wishing to avoid the credit-card processing fee may request payment by ACH or wire transfer.

Checks must be payable as directed on PJCF's invoice. Property will not be released until payment has been received in full, funds have cleared, and PJCF has authorized release.

Questions concerning invoices or payment should be directed to Nick Korniloff or Pamela Cohen at Perry J. Cohen Foundation, Inc., using the contact information provided with the auction or invoice.

PBMA does not collect or process payment for this auction.

8. Sales Tax

PJCF will determine, collect, report, and remit applicable sales tax, including any applicable county surtax, as required by law.

The applicable tax treatment may depend on the property purchased, delivery location, method of delivery, available exemptions, and applicable limitations on county surtax.

Qualifying property shipped directly outside Florida may be exempt from Florida sales tax, subject to PJCF receiving documentation sufficient to support the exemption. An out-of-state address alone does not establish an exemption.

Qualifying purchasers providing valid resale or other exemption documentation may be exempt where permitted by law. Documentation must be submitted to PJCF before release of the property.

An exemption from Florida sales tax does not necessarily eliminate tax obligations in another jurisdiction.

PJCF is responsible for tax administration for this auction. PBMA does not determine or collect sales tax.

9. Charitable Deduction

Purchase of property at auction does not automatically create a charitable tax deduction.

Depending on the purchaser's circumstances and applicable law, a payment exceeding the property's fair market value may qualify in part as a charitable contribution.

PJCF will provide charitable acknowledgments and disclosures as required by law, including a good-faith estimate of the value of property or benefits received where required.

Auction estimates are not assurances of fair market value or tax deductibility.

Purchasers should consult their own tax advisors concerning any potential charitable deduction. PBMA does not provide tax advice or determine deductible amounts.

10. All Sales Final; Cancellations and Refunds

All sales are final, subject to applicable law.

PJCF may review exceptional circumstances on a case-by-case basis. Any voluntary cancellation, refund, rescission, or other accommodation will be determined and administered solely by PJCF.

Any purchaser requesting review must submit the request and supporting information to PJCF in writing promptly after discovering the issue.

If PJCF approves a return or rescission, PJCF will provide written instructions concerning return of the property and any applicable refund.

PBMA has no authority or responsibility to issue refunds or rescind a sale on PJCF's behalf.

11. Nonpayment

If a successful bidder fails to complete payment, PJCF may pursue remedies available under these Terms & Conditions and applicable law, including cancellation of the sale, resale of the property at public or private sale, and recovery of amounts lawfully recoverable from the defaulting purchaser.

PJCF may offer the property to another bidder, including the next highest bidder. That bidder must agree to the purchase; an unsuccessful bid does not automatically become a completed sale.

PJCF and PBMA may also decline future bidding privileges.

12. Property Descriptions, Inspection, and Condition

PJCF is responsible for descriptions, measurements, photographs, condition information, artist information, provenance, estimates, and other information concerning auction property, including information supplied by donors or other participants.

Measurements are approximate. Photographs and condition information may not disclose every fault, repair, alteration, or imperfection.

All property is sold "AS IS, WHERE IS," with all faults and imperfections, to the fullest extent permitted by law.

Prospective bidders are responsible for satisfying themselves concerning the property before bidding, including its condition, authenticity, authorship, attribution, provenance, dimensions, and suitability for their intended use. Bidders are encouraged to inspect property and request additional information before placing bids.

PBMA does not independently authenticate or verify the property or information provided by PJCF, donors, artists, foundations, or other sources. Reference to a foundation, expert, or other source does not constitute PBMA's endorsement of that source.

To the fullest extent permitted by law, neither PJCF nor PBMA makes any express or implied warranty concerning the property's authenticity, authorship, attribution, provenance, condition, value, merchantability, or fitness for a particular purpose. Neither is responsible for errors or omissions in descriptions or condition information to the extent such responsibility may lawfully be disclaimed.

Estimates are provided as guides only and are not guarantees of value or anticipated selling price.

Nothing in these Terms & Conditions excludes a representation, obligation, or liability that cannot lawfully be excluded.

13. Pickup at Ann Norton Sculpture Gardens

Purchased property may be released only after payment has been received in full, funds have cleared, and PJCF has authorized release.

Property may be collected from Ann Norton Sculpture Gardens following the auction and during the designated pickup period through Sunday, October 18, 2026.

Exact pickup hours will be provided separately.

Purchasers should bring or have available a copy of their paid invoice. A paid invoice alone does not replace PJCF's release authorization.

If another person or shipper will collect the property, the purchaser must provide PJCF with written authorization identifying that party and the property to be released. Identification may be required at pickup.

14. Property Not Collected at Ann Norton Sculpture Gardens

Property not collected during the designated Ann Norton pickup period will be transferred to Bourlet Art Logistics in Fort Lauderdale, Florida.

Purchased property should be collected or shipping arrangements made within 15 days following the auction.

Under PJCF's confirmed arrangement with Bourlet, no storage charge will be imposed during that 15-day period provided the purchaser's invoice has been paid in full.

Making shipping arrangements does not by itself extend the complimentary storage period. Buyers whose property will remain beyond that period must obtain Bourlet's applicable storage terms and charges and arrange any extension directly with Bourlet.

Any storage charges after the complimentary period must be disclosed to the buyer before they begin to accrue. Storage charges are payable directly to the applicable service provider.

PBMA does not store the property and does not administer storage charges.

15. Shipping, Packing, and Delivery

Packing, shipping, handling, installation, insurance, transportation, and related costs are not included in the winning bid and are the responsibility of the purchaser.

Bidders are encouraged to obtain shipping and handling quotes before bidding.

Bourlet Art Logistics is the official art-handling company for the auction and may provide packing, shipping, delivery, and related services directly to buyers.

Buyers may contact:

John Taylor
john@artlogistics.com

or

Jennifer Melder
jennifer@bourlet.com
718.392.9770

Purchasers may appoint their own shipper, subject to PJCF's release authorization and Bourlet's pickup requirements.

Buyers wishing to collect property from the Bourlet Fort Lauderdale warehouse must provide at least 24 hours' notice.

All shipping, packing, storage, handling, insurance, or delivery charges are payable directly by the buyer to the applicable service provider.

Agreements for these services are between the purchaser and the service provider. PBMA is not a party to those agreements and does not guarantee a provider's services.

PBMA does not pack, ship, store, or release property after the auction.

16. Risk and Responsibility for Property

As between PJCF and the purchaser, risk of physical loss or damage remains with PJCF until the property is physically delivered to the purchaser or the purchaser's authorized agent or shipper.

Transfer of uncollected property from Ann Norton Sculpture Gardens to Bourlet for storage does not, by itself, constitute delivery to the purchaser or transfer risk of loss to the purchaser.

Once the purchaser or the purchaser's authorized agent or shipper takes possession, the purchaser is responsible for the property and for arranging any desired transit or other insurance, subject to the purchaser's agreement with the service provider and applicable law.

PJCF is responsible for coordinating custody and insurance arrangements with its designated handlers before release. PBMA does not provide property or transit insurance.

17. Bidder and Buyer Information

By registering for or participating in the auction, bidders authorize PJCF and PBMA to use and share information reasonably necessary for bidder verification, auction administration, invoicing, payment, property release, and other post-sale administration.

Contact information may also be used for future communications concerning auctions, programs, events, or related activities, subject to applicable law and available unsubscribe or opt-out procedures.

18. PBMA's Limited Role

PBMA is donating its services to support this charitable event and serves as auctioneer and technology facilitator.

PBMA is not the owner or seller of the property and does not undertake PJCF's responsibilities for:

• Property descriptions and supporting information.

• Establishing reserves.

• Invoicing and payment processing.

• Tax determination, collection, reporting, or remittance.

• Refunds or post-sale accommodations.

• Property release authorization.

• Custody, storage, packing, shipping, or delivery.

• Resolution of purchaser claims concerning the property or PJCF's post-sale obligations.

• Charitable contribution determinations or documentation.

• Other obligations expressly assigned to PJCF under these Terms & Conditions.

Questions concerning those matters should be directed to PJCF.

These limitations do not restrict the auctioneer's authority over auction conduct or exclude any responsibility that applicable law does not permit PBMA to exclude.

19. Modification of Terms and Auction Announcements

PJCF may supplement these Terms & Conditions before bidding begins on an affected lot, subject to the auctioneer's authority over auction conduct.

Material changes must be made available to affected bidders, including online bidders, before bidding on the affected lot begins.

The auctioneer may announce corrections to lot information and regulate bidding procedures during the auction. Properly communicated corrections and announcements take precedence over conflicting previously published information, subject to applicable law.

No amendment will retroactively change a completed purchaser's payment obligations or other material terms without that purchaser's agreement, except as required by law.

20. Entire Agreement and Event-Specific Terms

These Terms & Conditions, together with lot-specific disclosures and properly communicated amendments, constitute the entire agreement concerning participation in and purchases from this auction.

They supersede prior oral or written understandings concerning those matters. Bidders should obtain written confirmation before bidding of any representation or arrangement on which they intend to rely.

These event-specific Terms & Conditions supersede PBMA's regular auction terms for this auction, including PBMA's regular buyer's premium, payment, pickup, and storage provisions.

A bidding platform's separate user agreement may govern use of that platform, but it does not change the event-specific purchase charges stated here.

21. Severability

If any provision of these Terms & Conditions is determined to be invalid or unenforceable, it shall be limited or modified to the minimum extent necessary to make it enforceable, where permitted by law.

If it cannot be made enforceable, that provision shall be severed, and the remaining provisions shall remain in effect.

22. Governing Law and Venue

These Terms & Conditions shall be governed by the laws of the State of Florida.

To the extent permitted by law, the sole and exclusive venue for litigation involving a bidder or purchaser and PJCF and/or PBMA arising from these Terms & Conditions or this auction shall be the state courts located in Palm Beach County, Florida.

By registering or bidding, each bidder consents to the jurisdiction of those courts.

23. Attorneys' Fees and Enforcement

In an action arising from these Terms & Conditions or this auction between a bidder or purchaser and PJCF and/or PBMA, the prevailing party shall be entitled to recover reasonable attorneys' fees and taxable costs from the non-prevailing party, to the extent permitted by law.

Rights and remedies under these Terms & Conditions are cumulative with other remedies available under applicable law, without permitting duplicate recovery.

PJCF and PBMA may each enforce the provisions applicable to their respective roles and protections.