Lot Number: Lowest
24
Auction Details
Bid Increments
PriceBid Increment
Preview
October 22 to October 28: 12 Noon to 5:00 pm and by private appointment; October 29/30: 9:00 am to 11:45 am
Rago Arts & Auction Center, 333 No. Main Street, Lambertville, New Jersey, 08530, or on our website
333 North Main Street
Lambertville, NJ 08530
USA
Buyer's Premium
- 20%
Terms & Conditions
TERMS OF SALE
David Rago Modern Auctions, LLP (dba Sollo-Rago Modern Auctions) 609-397-9374 (p) / 609-397-9377 (f) (Hereafter referred to as "the Auction House")
All bidders are responsible for reading and understanding these Terms of
Sale, as well as any supplemental notices. If you have any questions
after having read the Terms of Sale, please contact the C.E.O., Miriam
Tucker, at mtucker@ragoarts.com or 609.397.9374, extension 141.
1. General
– Each lot in this catalogue is offered for sale subject to the terms
set out below, as changed or supplemented by provisions a) written in
other places within these Terms of Sale, b) in written supplements to
this Catalogue or other materials prepared by us and c) as stated by the
auctioneer or posted in writing at the auction, prior to a bid being
accepted for a lot. No other communications by any employee of the
Auction House is intended to be binding, and such communications are
made for informational purposes only. By bidding at the auction the
buyer and all bidders agree to be bound by these terms or those changed
and supplemented, whether bidding in person, through a representative,
by phone, by internet, or other absentee bid.
Upon the announcement by the auctioneer, the successful bidder becomes
the buyer and is immediately responsible for the amount of the
successful bid, the buyer's premium, applicable taxes, and other charges
provided for in the Terms of Sale. The thirty (30) day warranty shall
commence on the date of sale and continue to run without any tolling
even if the Buyer within that thirty (30) day period 1) fails to inspect
or pay, 2) requests delay in shipment, 3) provides incorrect shipping
address or information or 4) is unavailable to receive shipment. – Sales Results: Results will be available by phone and on the web at
www.ragoarts.com. Sales results will be available no earlier than 2 p.m.
on our first business day following the auction or as soon as the
Auction House has audited and verified all sales. Please do not call
prior to this time for results, as they will not be given out under any
circumstances. We thank you for your understanding in this matter. The
Auction House retains all rights to copyright and other intellectual
property contained in this catalogue.
2. Buyer’s Premium, Purchase Price, Taxes, and Billing
– Buyer’s Premium/Purchase Price: A buyer’s premium in the amount of 20%
of the successful high bid will be added to the amount of the successful
high bid regardless of payment method. All bidding at auction and all
purchases will be in U.S. Dollars.
Taxes: Applicable taxes shall include New Jersey sales tax (6%), use
tax, excise tax, and other taxes or levies. Only valid resale
certificates are accepted as proof of exemption from New Jersey sales
tax by U.S. dealers. No New Jersey sales tax is charged for purchases
shipped out of state.
– Billing: All successful bidders will be sent invoices by mail or
e-mail the week after the auction.
– Upon the fall of the auctioneer’s hammer, the successful bidder
becomes the buyer and owner of the property and is responsible for the
property, the amount of the successful bid, the buyer’s premium,
applicable taxes, and other charges provided for in the Terms of Sale in
U.S. Dollars, payable immediately.
3. Methods of Payment and Fees
Cash. Check. Wire Transfers. Visa. MasterCard. Discover. PayPal.
($25,000 limit on purchases made by credit card.) All payments are due
immediately upon receipt of invoice. We reserve the right to hold all
goods paid for by check until payment has cleared. If payment is not
received from eBay Live Auctions buyers within 10 (ten) days from the
day we mail the invoice, we will have no choice but to place an NPB on
the Buyer’s account. If payment is not received within thirty (30) days
of sale, the Auction House reserves the right to impose from the date of
sale a late charge of 1 1/2% a month of the total purchase price and
deny all future credit.
4. Warranties and Guarantees
All items are served "As-Is, Where-Is," except as expressly stated
otherwise in the following paragraph:
– All information in the catalogue concerning authenticity, including
authenticity of authorship ascribed to a work of fine art (painting,
sculpture, drawing, work of graphic art or print), is guaranteed for a
period of thirty (30) days from the date of sale. In that time, prior to
payment to the consignor of the work, the Auction House will allow the
buyer to submit, at his own expense, an opinion in writing from a
recognized expert, approved by the Auction House and the purchaser,
regarding authenticity. In the event the work is judged inauthentic by
the expert, the work may be returned in the same condition as at time of
sale and the buyer's full purchase price will be refunded. Refunds shall
not include costs of transportation, insurance, or other expenses that
may have been incurred by the buyer. It is the buyer’s responsibility to
make payment in a timely fashion such that the merchandise can be
released and inspected within this thirty (30) day time frame. Should
the buyer not do so, or should the buyer request the auction house to
delay shipment, should he give an incorrect shipping address, or be
unavailable to receive shipment, the thirty (30) day warranty shall
still apply. If the Auction House has paid the consignor the amounts due
consignor as a result of the sale, the Auction House will (i) refund to
the buyer the amount of the buyer’s premium and applicable taxes
received from the buyer, and (ii) make written demand upon the consignor
for the payment of the balance of the purchase price. If the consignor
fails to honor the written demand for a refund of the balance of the
purchase price, the Auction House shall furnish buyer the name and
address of the consignor, and shall assign to buyer all of the Auction
House’s rights for the return of the balance of the purchase price of
the affected lot. Upon this disclosure and assignment, the Auction House
shall have no further liability to buyer or responsibility to pursue the
buyer’s claim. The Auction House will extend reasonable cooperation to
buyer, provided that such cooperation does not require out-of-pocket
expenditures by the Auction House. This limited right of rescission is
available only to the original buyer and may not be relied upon by any
heir, agent, transferee, assign, or other third party or assigned to any
subsequent transferee of the Property which gives rise to the claim. – This Warranty does not cover normal wear on furniture. – The description of clocks and lighting devices, whether in catalogues
or condition reports, may be incomplete and not identify every
mechanical replacement, repair, or defect. The absence of reference to
the condition of a clock or lighting device does not imply it to be in
working condition or without defects, repairs, restorations, or
replacement parts.
– The description of jewelry, whether in catalogues, condition reports,
or any other form, is rendered as opinion, including, but not limited
to, specialist opinion as to authenticity, the enhancement or treatment
of gemstones, the weight of gemstones, the country of origin, the
authorship or origin (manufacture) of an item, its period (or circa) or
the authenticity of its marks. No warranty is made that any watch is in
working condition or without defects, restorations, or working parts.
Buyers are advised to check watch works prior to auction.
Size is approximate. All ceramic and glass lots are represented as being
free of cracks, chips, hairlines and repairs, unless otherwise stated – This Warranty does not cover any description that states there is a
conflict of specialist opinion; any description which states (or is
bracketed in a section described as) "as-is" or "not guaranteed." – This Warranty does not cover any typographical errors. – This disclaimer of liability on our part applies whether the
information is included in the catalogue, advertisements, announcements,
or communicated through our representatives, bills of sale, or
elsewhere, and whether written or oral.
– No Warranty of Reproduction: Neither the consignor nor we make any
warranty or representation, express or implied, as to whether a buyer
will acquire any reproduction rights, copyrights or other intellectual
property rights in, or with respect to, the Property.
The Auction House makes no warranties, express or implied, as to the
merchantability or fitness for purpose except as otherwise expressly
stated in these Terms of Sale.
5. Qualifying to Bid
– Bidding Numbers: All bidders must register and receive a bidding
number from the Auction House prior to bidding at the auction. – New Buyers: If we do not know you, you may be asked to furnish
identification, a valid credit card number, and, possibly, credit
references. A letter from your bank, presented before the sale, may also
be accepted, at our discretion, although we will retain your purchase(s)
until the check clears. If you are acting as another’s agent or
principal, we may request a letter of authorization. If paying by check,
you must establish credit with Eliane Talec, extension 118, at least
three (3) business days prior to the auction. If you are successful and
do not remit payment within thirty (30) days, the balance will be
charged to your credit card together with such charges set forth in
these terms of sale.
– The auctioneer reserves the right to refuse participation by any
bidder, whether on premises or participating on-line or by telephone,
whom the auctioneer deems in its discretion to be or have been
disruptive of the bidding or auction process, or otherwise deemed affect
the integrity of the process.
6. Bidding Increments
$10 until $100 is reached
$25 until $500 is reached
$50 until $1,000 is reached
$100 until $3,000 is reached
$250 until $5,000 is reached
$500 until $10,000 is reached
$1,000 until $20,000 is reached
$2,500 until $40,000 is reached
$5,000 until $100,000 is reached
$10,000 over $100,000
– All unreserved bidding starts at 50% of the low estimate unless there
are two or more competing absentee bids at a price higher than that.
(For example, a lot estimated at $500-$750, with no reserve, will
normally open at $250. If there are two absentee bids for $400 and $600,
the lot must sell for $425, even if there is no further bidding from the
phone, later absentee ballots, from the live audience, or from the
internet. In such a case, we will open the bidding at close to the low
estimate.)
– The auctioneer has the sole and exclusive power, discretion, and
authority to regulate the bidding and its increments.
7. Absentee Bids
We accept absentee bids by phone, by mail, in person, or by fax.
Absentee bids are requested by no later than 6:00 p.m. on the business
day before the auction. If you fax your absentee bids, please call us to
confirm receipt. All absentee bidding is handled as though you are in
attendance. We buy all designated lots for you one bidding increment
above where competition stops. Please check and comply with these
increments. In case of failure to comply, we will reduce each
off-increment bid to the next lower figure. "Plus" bids: Because of our
structured bidding increments, it is more likely that several people
will leave identical bids. Since an earlier bid left with the auction
house wins in the event of a tie, a later bid with an added "plus" bid
to the next increment would win the piece. NOTE: Absentee bids left on
Live Auctioneers or eBay Live Auctions are sent to the auction house
during the actual sale. There is no time advantage to these bids at all.
All absentee bidder names and bids are held in strictest confidence,
disclosed only in the event of a question after the sale. Absentee
bidding is a convenience offered to our customers and, while we will
make every effort to execute your instructions, the Auction House is not
liable or responsible for any errors or failure to do so. If you place
absentee bids with the Auction House, eBay Live Auctions or Live
Auctioneers and also bid in person, by phone or any other means, it is
solely your responsibility to cancel any or all absentee bids prior to
the start of the auction. If you do not or cannot, regardless of reason,
you will be held responsible for the property's purchase.
8. Telephone Bids
Lines are available on a first-come, first-served basis. ¬ Please
reserve as soon as you are able. We want to hear from you no later than
12 noon on the business day before the auction. Please call to set up
all phone line requests. Do not fax phone line requests. Determine the
lots on which you most want to bid before calling and reserving the
lines. If you need condition reports, please request and review them
prior to reserving phone lines. We will call you at one phone number
ONLY during the auction. If you are unsure of where you or your agent
will be during the sale, we recommend you leave absentee bids. All
requests for overseas telephone lines must be accompanied by absentee
bids, which will be executed on the buyer's behalf, should there be any
problems with telephone connections. Your phone number and lots will be
confirmed the day before the auction. Please do not change your phone
number after your phone lines have been confirmed; if you do, the
Auction House reserves the right to not allow you to bid by telephone in
that auction and will not be responsible for any breakdown in
communications. We strongly recommend land lines, as, to date, they are
more reliable than cellular phones. One of the reasons people bid by
phone is to monitor how much they're spending. However, if you bid by
phone, you must be willing to bid to the low estimate should the bidding
go that far. There is no exception to this rule. You may, however, leave
absentee bids for any amount. Bids are placed on the telephone at the
discretion of the Auction House and at the caller’s risk. Telephone
bidding is a convenience offered to our customers and, while we will
make every effort to execute your instructions, the Auction House is not
liable or responsible for any errors or failure to do so. If you place
absentee bids with the Auction House, eBay Live Auctions or Live
Auctioneers and also bid in person, by phone or any other means, it is
solely your responsibility to cancel any or all absentee bids prior to
the start of the auction. If you do not or cannot, regardless of reason,
you will be held responsible for the property's purchase.
9. Internet Bids
The Auction House has engaged the services of eBay Live Auctions and
Live Auctioneers as a service for its clients who wish to bid and buy
online. Please proceed to www.ebayliveauctions.com for all necessary
information on how to bid and buy online using this system. The user of
eBay Live Auctions and Live Auctioneers indemnifies and holds the
Auction House and its consignors harmless against any claim arising out
of or resulting from your use of the eBay Live Auctions and Live
Auctioneers site, including all losses, damages, liabilities, and all
fees (including attorney’s fees), costs, and expenses incurred in
connection with any claim. Under no circumstances, including, but not
limited to, negligence, shall the Auction House and its consignors be
liable for lost profits or any special, incidental, or consequential
damages that result from the use of, or the inability to use, this site.
If you place absentee bids with the Auction House, eBay Live Auctions or
Live Auctioneers and also bid in person, by phone or any other means, it
is solely your responsibility to cancel any or all absentee bids prior
to the start of the auction. If you do not or cannot, regardless of
reason, you will be held responsible for the property's purchase. 10. Auctioneer’s Determination Final A lot will be sold to the highest bidder as determined in the sole and
exclusive judgment of the auctioneer. The auctioneer will also have the
sole and exclusive power and authority to a) resolve any disputes
between bidders, b) determine whether to pass or re-offer a lot for
sale, c) reject or challenge any bid or advance in the bidding, d)
exclude any bidder from the premises and e) otherwise regulate the
bidders, the bidding and its increments.
11. Reserves
A reserve is the confidential minimum price established by the Auction
House and the consignor. The reserve will never exceed the low estimate
of the lot. The Auction House prohibits consignors from bidding on their
own property, but may implement the reserve by bidding on behalf of the
consignor at the auction up to the reserve. If bids on a lot fail to
reach the reserve, the lot will be bought-in.
12. Estimates
The estimates provided in this catalogue are our opinion of the price
that a willing buyer would pay for the property at auction, based, where
possible, on prices paid for comparable items sold in the past. They are
neither a representation nor a prediction of the actual selling price
that will be realized at auction, post-auction sale, or upon resale,
which may be substantially different from these estimates. We shall not
be liable in any way for such a difference.
13. Withdrawal of Property from Sale
The Auction House reserves the right to withdraw property from the sale
for any reason and with no liability whatsoever for such withdrawal.
14. Condition Reports
Condition reports are rendered as specialist opinion by the staff of the
Auction House and/or independent consultants and not as statements of
fact. We do not guarantee the content of written or verbal condition
reports. If you would like condition reports for items in the sale,
please call (609) 397-9374. Our specialists will respond to requests as
quickly as possible. Otherwise, please fax/mail the condition report
form. You will be called prior to 5:30 p.m. on the Friday before the
auction. Please be patient. We get many requests and we make every
effort to respond to all of them in a timely fashion. The Auction House
is not liable or responsible for any errors or failure to do so.
15. Rescission by Buyer
All items are served “As-Is, Where-Is,” except as expressly stated
otherwise in Paragraph 4. Buyer acknowledges and expressly agrees that
the provisions of this Paragraph state the sole and exclusive remedy
available to a buyer in the event of non-conformity in Property
purchased. The buyer understands and agrees that the exclusive remedy
for any breach of the warranty shall be a rescission of the sale and a
refund of the original purchase price (bid plus buyer’s premium), as
well as any applicable taxes paid. Neither the Auction House nor its
Consignor shall be liable for damages beyond the remedy expressly
provided for herein, such as, but not limited to, direct, indirect,
special, incidental, punitive, or consequential, including the loss of
profit or revenue, cost of obtaining alternative property, claims of
customers of the buyer or otherwise.
16. Rescission by the Auction House
In the event the Auction House receives notice of an adverse claim with
respect to purchased Property, the Auction House shall have the right
(but not the obligation), in its sole and absolute discretion, to
rescind the sale to the buyer, upon written notice to the buyer. Upon
such notice, the buyer will promptly return the purchased property to
the Auction House’s premises in the same condition as when purchased.
The Auction House will then promptly refund the purchase price,
including the buyer’s premium and applicable taxes paid. Buyer will have
no further recourse against the Auction House or the consignor, and the
Auction House and the consignor shall not be liable for any damages of
any nature suffered by the buyer.
17. Payment, Collection, and Shipping Responsibilities of Buyer – Buyer Obligations: On the fall of the auctioneer’s hammer, title to
the property immediately transfers to the successful bidder who, in
turn, becomes the buyer of the Property. The buyer assumes full risk and
responsibility for the purchased Property, including all costs and
expenses of handling, shipping, insurance, taxes, export, and otherwise,
and is liable for the full purchase price, plus the buyer’s premium,
applicable taxes, and any other associated expenses.
– Collection of Property and Storage Charges: The buyer will pay for the
purchased Property immediately and remove it from the premises of the
Auction House. If the purchased Property is not removed within thirty
(30) days of the sale, the buyer will thereafter be assessed a $10 per
lot storage charge per day. The Auction House may, at its discretion,
remove the purchased Property to public storage at the buyer's risk and
expense. All associated charges will be added to the total invoice and
must be paid in full before the Property will be released. Those who
choose to pick up their property from the Auction House following the
sale must call 24 hours in advance to arrange pick-up. Normal pick-up
hours are Monday-Friday, 9:00 a.m. to ¬ 5:00 p.m., excepting the hour
between 12:00 and 1:00 p.m. The Auction House will not be responsible
for property purchased and left at the auction house for over 180 days. – Packing and Shipping: The buyer is responsible for the shipment of all
purchased Property. As a convenience to the buyer, the Auction House
will, if requested, give your property to Masterpiece Shipping in
Buckingham, PA. This company will pack and ship or arrange shipment for
you via UPS, FedEx or other carrier, fully insured, for a fee payable in
advance by credit card. Shipments are made within a few days after
payment has been received. (If you have any shipping preference for any
reason, please make sure your shipper carries insurance. We are not
responsible for any damage or loss that occurs while your objects are in
another's care. We will also not be responsible for any damage or loss
that occurs if you choose a shipping method that we have advised against
and we will require a waiver from you acknowledging this.) All
international customs, duties, and other tariffs are the responsibility
of the Buyer. The Auction House and Masterpiece Shipping will declare
the selling price as the value in all cases. Shipping larger items:
Larger items are objects such as furniture, andirons, floor vases, or
any other item whose safe packing will exceed the limits of common
carriers. The Auction House can arrange delivery by freight almost
anywhere in the United States, fully insured, for a fee. The delivery of
large, heavy, or expensive objects is not an inexpensive proposition and
we urge you to consider this before bidding. We will work with any
shipper of your choosing.
18. Buyer Default
Remedies: If any of the Terms of Sale are not fully complied with by the
buyer, the buyer will be in default without need of notice by the
Auction House. The buyer shall be liable to the Auction House and the
consignor for the total purchase price, including all premiums, charges,
and expenses specified in the Terms of Sale. Interest shall accrue at
the rate of 18% per annum commencing with the date of the auction. In
addition to other remedies available to the Auction House by law, the
Auction House may, at its option, a) cancel the sale of the lot(s) on
which the buyer defaulted and of any other lots sold to the defaulting
buyer at the same or any other auction(s) and retain as liquidated
damages all payments made by the buyer, b) resell the purchased
Property, whether at public auction or private sale, or c) pursue any
combination of a) and b) above. In event of default, the buyer will be
responsible to the Auction House and the consignor for any deficiency,
any and all costs and expenses, including reasonable attorneys’ fees,
collection fees and expenses, late charges, and other damages. The
Auction House may, at its discretion, apply any proceeds of sale
otherwise due to the buyer or monies of the buyer in the Auction House’s
possession to reduce or satisfy the buyer’s obligations. Security Interest: As security for full payment to the Auction House and
the consignor of all amounts due, the buyer grants the Auction House the
right to retain a security interest in the Property purchased at auction
and in any other property or money of buyer in the Auction House’s
possession or coming the Auction House’s possession (collectively,
"collateral.") The Auction House shall have the rights of a secured
creditor as provided by the Uniform Commercial Code and other applicable
law. Such security interest in the Property or other collateral will
cease when the Property is physically delivered to the buyer or the
buyer’s agent.
19. Governing Law and Forum for Disputes
The laws of New Jersey shall govern the auctions of the Auction House.
Any disputes that may arise in connection with the auction and/or any
auction purchase, and all of the terms and conditions set forth herein
above, shall be governed by and construed in accordance with New Jersey
law. Any one who participates in the auction and/or makes auction
purchases agrees to submit to the jurisdiction of the courts of the
State of New Jersey with respect to any dispute arising in connection
with the auction and/or any auction purchases. In the event that the
Auction House needs to bring an action to enforce the terms and
conditions herein and/or to collect any sum due and owing to it the
Auction House shall be entitled in addition to collect its reasonable
attorney's fees, collection agency fees, and cost of suit.
20. Limitations of Liability
The Auction House acts only as the agent for the consignor and in no
event will be liable for any breach or default by the consignor.
21. Severability and Waiver
If any provision of portion of these Terms of Sale shall be deemed
unlawful, void, or unenforceable under applicable law, that provision or
portion shall be stricken and severed from the remaining provisions,
which shall remain in full force and effect. Failure to enforce any of
the provisions in these Terms of Sale shall not be deemed a waiver of
the right to enforce any other provisions of these Terms of Sale.
22. No Assignment
Unless the Auction House consents in writing, buyers may not assign
their rights or any of their obligations related to an auction or other
sale by the Auction House.
23. No Modifications
These Terms of Sale may not be changed unless the Auction House and
buyer have agreed to do so in a written agreement signed by both parties.
24. Miscellaneous
Export or Import: An export license may be required for the export of
certain materials. Some countries prohibit the importation of certain
materials. It is the sole responsibility of buyers to familiarize
themselves with any required license and import/export requirements. The
Auction House will have no responsibility with regard to these matters. Private Sales: These Terms of Sale shall apply to both auction and
private sales of property.
Paragraph Headings: Paragraph and subheadings are included in these
Terms of Sale for ease of reference and should not be used to interpret
the meaning of the substantive provisions
Taxes
Local Taxes Apply
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