DoneDec 18, 2020 9:00 AM ESTMarietta, GA, United StatesAuction Details
EDEN, DAVID F BOYD & JULLIAS PHILLIPS ESTATES
The year of the 2020 is often marked by those have endured with patience, generosity, and righteousness to achieve their existence in business and in their life. Along with various category in Chinese antiquities, that are vastly sought after by museums and private collectors; offered from the fabulous collections that has been consigned to us. EDEN Fine Antiques Galleries is honored and proud to offer David Frederick Boyd, of Marietta, Georgia (1935 - 2018). Served in the United States Army, thereafter, employed by a fortune 500 company and remained there for the rest of his working career. He is admired for Habitat for Humanity activist and a prominent antiques collector, mostly Chinese Antiques and European furniture at his large Victorian house in Georgia. Jullias Phillips (1923-2017), Marietta, Georgia. When WWII started, Jullias worked at the Charleston Navy Yard helping build ships to protect our country and the world. They moved to Charleston, one of America oldest city with many historical building and antiques. Start from here, Jullias love to collect porcelains and many other antiques, and many year later they came back to Marietta, Georgia. The allurement and condition of these items is simply amazing, the value to add one of these items into your collection is immeasurable. The items presented will be of the highest investment quality that the true collector will have a fondness for and will purchase to complement their existing portfolio. Join with us in this historical event, for Eden Fine Antiques Gallery to be chosen to place these magnificent items into auction, it is truly an honor and a tremendous privilege. Mel Delzer President, Director
Lot Number: Lowest
PLEASE CONTACT OUR OFFICE TO ARRANGE APPOINTMENT FOR ON SITE PREVIEW. Preview Schedule and capacity will be limited due to COVID-19 prevention. email: email@example.com Phone: +1 678 398-9867 1485 Canton Road Suite 200 Marietta, GA 30066 USA
1485 Canton Road
Marietta, GA 30066
- 25% up to $100,000.00
- 20% up to $1,000,000.00
- 15% above $1,000,000.00
Terms & Conditions
Terms & Conditions of Sale EDEN FINE ANTIQUES GALLERIES LLC AS AGENT The lots listed in this catalog will be offered by EDEN Fine Antiques Galleries LLC as owner or as agent for consignor(s) subject to the following terms and conditions. By bidding at auction you agree to be bound by these Conditions of Sale. BEFORE THE SALE Prospective buyers are strongly advised to personally examine any property in which they are interested before the auction takes place. Condition reports are usually available on request, on lots with a low estimate of $300 and above. All lots are sold ?AS IS" and without recourse and neither EDEN Fine Antiques Galleries LLC nor its consignor(s) makes any warranties or representations, express or implied with respect to such lots. Neither EDEN Fine Antiques Galleries LLC nor its consignor(s) makes any express or implied warranty or representation of any kind or nature with respect to merchant-ability, fitness for purpose, correctness of the catalog or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. No statement, whether written or oral, and whether made in the catalog, or in supplements to the catalog, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. EDEN Fine Antiques Galleries LLC and its consignor(s) make no warranty or representation, express or implied that the purchaser will acquire any copyright or reproduction rights to any lot sold. EDEN Fine Antiques Galleries LLC expressly reserves the right to reproduce any image of the lots sold in the catalog. AT THE SALE Refusal of Admission EDEN Fine Antiques Galleries LLC has the right, at our complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid. Registration before Bidding A prospective buyer must complete and sign a registration form and provide identification before bidding. We may require bank or other financial references. Bidding as Principal When making a bid, a bidder is accepting personal liability to pay the purchase price, including the buyer's premium, all applicable taxes and all other applicable charges, unless it has been explicitly agreed upon in writing with EDEN Fine Antiques Galleries LLC before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to EDEN Fine Antiques Galleries LLC and that EDEN Fine Antiques Galleries LLC will only look to the principal for payment. Absentee Bids We will use reasonable efforts to carry out written bids given to us at least 24 hours prior to the sale for the convenience of clients who are not present at the auction in person, by an agent or by telephone. Bids must be placed in US dollars. If we receive written bids on a particular lot for identical amounts, and these are the highest bids on the lot at the auction, it will be sold to the person whose written bid was received and accepted first. Execution of written bids is a free service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute a written bid or for errors and omissions in connection with the written bid. Telephone Bids On lots with a low estimate of $300 and above and if a prospective buyer makes arrangements with us prior to the commencement of the sale we will use reasonable efforts to contact them to enable them to participate in the bidding by telephone and we do not accept liability for failure to do so or for errors and omissions in connection with telephone bidding. These telephone bids may be recorded at the discretion of EDEN Fine Antiques Galleries LLC. Online Bids We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the Internet or software malfunctions related to the execution of online bids. Reserves some lots in the sale are subject to a reserve which is the confidential minimum price below which such lot will not be sold. The reserve will not exceed the high estimate of the lot. Reserves are agreed upon with consignors or, in the absence thereof, the absolute discretion of EDEN Fine Antiques Galleries LLC The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. With respect to lots that are offered without reserve, unless there are already competing bids, the auctioneer, in his or her discretion, will generally open the bidding at half of the low estimate for the lot. In the absence of a bid at that level, the auctioneer may proceed backwards at his or her discretion until a bid is recognized, and then continue up from that amount. AUCTIONEER DISCRETION The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, *or to limit the maximum bid amount*, to advance the bidding in such a manner as he or she may decide, to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to re-offer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive. Successful Bid The highest bidder acknowledged by the auctioneer will be the purchaser. In the case of a tie bid, the winning bidder will determined by the auctioneer at his or her sole discretion. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder or to re-offer the lot in dispute. If any dispute arises after the sale, the EDEN Fine Antiques Galleries LLC sale record shall be conclusive. Title passes upon the fall of the auctioneer?s hammer to the highest acknowledged bidder subject to the Conditions of Sale set forth herein, and the bidder assumes full risk and responsibility. AFTER THE SALE Buyer's Premium In addition to the hammer price, the buyer agrees to pay EDEN Fine Antiques Galleries LLC a buyer's premium and the applicable sales tax added to the final total. The buyer's premium for all purchases *except* via live online bidding is twenty-five (25%) of the hammer price up to and including $100,000; twenty (20%) of any amount in excess of $100,000 up to and including $1,000,000; and fifteen (15%) of any amount in excess of $1,000,000. The buyer's premium for purchases made via online bidding is the same. Payment The buyer must pay the entire amount due (including the hammer price, buyer's premium, all applicable taxes and other charges) no later than 5 p.m. on the seventh (7) business day following the sale. Payment in U.S. dollars may be made with cash; bank check or cashier?s check drawn on a U.S. bank; money order; or wire transfer unless other arrangements are made with EDEN Fine Antiques Galleries, LLC. EDEN Fine Antiques Galleries LLC reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay EDEN Fine Antiques Galleries LLC a handling charge of $50 for any check dishonored by the drawee. If payment didnot receive in seven business day after the auction, we will take necessary measures toward bidder's account. CREDIT CARD PAYMENT MUST NOT EXCEED US $5,000.00 per Transaction. All sales to highest bidder are final with NO Discount, NO Refund, or Return, and must be paid in a timely matter. Tax Exempt Notice Lots marked with an asterisk (*) are tax exempt as permitted by law. Collecting Purchases Once EDEN Fine Antiques Galleries LLC has received all funds due to us, the buyer shall collect purchased lots within seven (7) business days from the date of the sale. Packing and Shipping If your bid is successful, we can provide you with a list of shippers. We will not be responsible for the acts or omissions of carriers or packers whether or not recommended by us. Property will not be released to the shipper without the buyer?s written consent and until payment has been made in full. Packing and handling of purchased lots by us is at the entire risk of the purchaser, and EDEN Fine Antiques Galleries LLC will have no liability of any loss or damage to such items. Non Payment If we do not receive payment in full, in good cleared funds, within seven (7) business days following the sale, we are entitled in our absolute discretion to exercise one or more of the following measures, in addition to any additional actions available to us by law: a.) to impose a late charge of one and a half percent (1.5%) per thirty (30) days of the total purchase price b.) to hold the defaulting buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law c.) to cancel the sale d.) to resell the property publicly or privately with such terms as we find appropriate, to resell the property at public auction without reserve, and with the purchaser liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser?s obligations to us, any property in our possession owned by such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier?s checks, we have confirmed their authenticity. e.) to offset against any amount owed f.) to not allow any bids at any upcoming auction by or on behalf of the buyer g.) to take other action as we find necessary or appropriate Failure to Collect Purchases If property is not picked up within seven (7) business days following the sale, whether or not payment has been made, EDEN Fine Antiques Galleries LLC reserves the right to charge $5 per lot per day or to deliver said property to a public warehouse for storage at the purchaser's expense. EDEN Fine Antiques Galleries LLC shall have no liability for any damage to property left on its premises for more than seven (7) business days following the sale. In addition, we reserve the right to impose a late charge of one and a half percent (1.5%) per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. For property that is not picked up after thirty (30) calendar days, an additional administration fee of $75 will be charged. Property which is paid for but left on our premises for any reason in excess of sixty (60) calendar days is subject to sale by us with the balance of any funds recovered in excess of storage charges and any other fees being remitted to you. LIABILITY Condition Reports The bidder assumes responsibility for ensuring that the condition of the item(s) meets with their satisfaction prior to bidding. Any condition statement is given as a courtesy to a client, and is only an opinion and should not be treated as a statement of fact. EDEN Galleries shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. EDEN Fine Antiques Galleries LLC is not responsible for the correctness of any statement of any kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Neither the seller, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchant-ability, fitness for a particular purpose, description, size, quality, condition, attribution, completeness, authorship, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph. Items under $1,000 are collated upon request. Purchased Lots If for any reason a purchased lot cannot be delivered in the same condition as at the time of sale, or should any purchased lot be stolen, miss-delivered or lost prior to delivery, EDEN Fine Antiques Galleries LLC shall not be liable for any amount in excess of that paid by the purchaser. Legal Ramifications The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in Georgia. If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law. DISCLAIMERS THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED ?AS IS?, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EDEN FINE ANTIQUES GALLERIES LLC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. 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IN NO EVENT WILL EDEN FINE ANTIQUES GALLERIES LLC? AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EDEN FINE ANTIQUES GALLERIES LLC AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. PROPRIETARY RIGHTS NOTICES All trademarks, service marks, logos, trade names and any other proprietary designations of EDEN Fine Antiques Galleries LLC used herein are trademarks or registered trademarks of EDEN Fine Antiques Galleries LLC. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. CONTROLLING LAW AND JURISDICTION These Terms and any action related thereto will be governed by the laws of the State of Georgia without regard to its conflict of law?s provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party?s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Southern District of Georgia and each of the parties hereto waives any objection to jurisdiction and venue in such courts. ENTIRE AGREEMENT These Terms and any additional terms and conditions presented to you governing the bidding functionality of the Site and Services constitute the entire and exclusive understanding and agreement between EDEN Fine Antiques Galleries LLC and you regarding the Site, Services and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between EDEN Fine Antiques Galleries LLC and you regarding the Site, Services and Collective Content. ASSIGNMENT You may not assign or transfer these Terms, by operation of law or otherwise, without EDEN Fine Antiques Galleries LLC? prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. EDEN Fine Antiques Galleries LLC may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. NOTICES Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by EDEN Fine Antiques Galleries LLC via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. DISPUTE RESOLUTION You and EDEN Fine Antiques Galleries LLC agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or Services (collectively, ?Disputes?) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party?s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and EDEN Fine Antiques Galleries LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and EDEN Fine Antiques Galleries LLC otherwise agree in writing, the arbitrator may not consolidate more than one person?s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this ?Dispute Resolution? section will be deemed void. Except as provided in the preceding sentence, this ?Dispute Resolution? section will survive any termination of these Terms. GENERAL The failure of EDEN Fine Antiques Galleries LLC to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of EDEN Fine Antiques Galleries LLC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
The bidder assumes responsibility for ensuring that the condition of the item(s) meets with their satisfaction prior to bidding. In all cases, prospective buyers are responsible for determining the physical condition of lots, as there are no returns based on condition. The printed conditions in the catalog entry are based on opinion only and are provided for guidance only, without legal obligation. Any condition statement is given as a courtesy to a client, and is only an opinion and should not be treated as a statement of fact. All sales to highest bidder are final with NO Discount, Refund, exchange, or Return, and must be paid in a timely matter.