Done
Chevy Chase, MD, United States
Auction Details
Sloans & Kenyon September Estate Auction
Over 1500 Lots of fine works of art, oriental rugs, jewelry, Asian furniture and art, fine silver, decorative arts and antique furniture.
Auction Details
Bid Increments
PriceBid Increment
Preview
4605 Bradley Boulevard
Bethesda, Maryland 20815
Chevy Chase, MD 20815
USA
Buyer's Premium
- 20% up to $100,000.00
- 14% above $100,000.00
Terms & Conditions
1. General
Conditions of Sale. The offering and sale of property by
Sloans & Kenyon is subject to the following conditions
of sale, as modified or supplemented by other provisions
(a) of the Catalogue, (b) in written supplements to
this catalogue or other written material prepared by
Sloans & Kenyon, (c) in notices posted by Sloans
& Kenyon, and (d) in announcements made by the
auctioneer, prior to or at the time of the sale (the
ÒConditions of SaleÓ).
Agent for Sale of Property. Unless otherwise stated,
Sloans & Kenyon is acting only as an agent for the
consignor of property offered for sale, at auction or
otherwise, in this catalogue (the ÒPropertyÓ). The
consignor may either be the seller of the Property or an
agent for the seller.
Property Sold by Lot. Property is sold by lot and all bids
are by lot as numbered in the catalogue.
Agreement of Bidders and Purchasers. By bidding or
buying at a sale, whether in person, through a represen-tative,
by written bid, online bid, telephone bid or other
absentee bid, all bidders and purchasers agree to be
bound by the Conditions of Sale.
2. Disclaimers Concerning the Property
As-Is. The consignor warrants good title to the pur-chaser.
Sloans & Kenyon makes no independent
warranty of title. All Property is sold AS-IS, and all
warranties, express or implied, including without limita-tion,
the implied warranties of MERCHANTABILITY AND
FITNESS FOR PURPOSE ARE SPECIFICALLY DISCLAIMED
BY SLOANS & KENYON AND THE CONSIGNOR. Sloans &
Kenyon also disclaims all warranties arising from course
of dealing and usage in the trade.
Descriptive Information. To the greatest extent permitted
by applicable law, neither Sloans & Kenyon nor the
consignor makes any representation or warranty with
respect to the correctness or completeness of informa-tion
about the Property, such as but not limited to the
characteristics of age, condition, size, authenticity,
genuineness, attribution, origin, quality, quantity, value,
medium, material, period, culture, rarity, importance,
provenance, exhibitions, literature or historical relevance
of the Property. Neither Sloans & Kenyon nor the con-signor
shall be liable for damages or otherwise with
respect to incorrect or incomplete information, except to
the extent provided for in Paragraph 11 below.
Communications Not Intended as Binding. No informa-tion
or statement communicated, at any time, to
bidders or buyers by Sloans & Kenyon (or its directors,
officers, employees, agents or representatives), orally
or in writing, shall be deemed a legally binding
representation or warranty (or assumption of liability)
with respect to any of the above mentioned charac-teristics
or other information about the Property, except
to the extent applicable law specifically requires
otherwise.
Inspection of Property. The Property is exhibited for
inspection by bidders prior to the sale. It is the bidder’s
sole responsibility to be fully satisfied about the charac-teristics
and condition of the Property, including
matters relating to any restoration, repair or alteration of
the Property. If a bidder or bidder’s agent (not a
Sloans & Kenyon employee or representative) has not
examined the Property, Sloans & Kenyon recommends
that the bidder make no bid on the Property.
Intellectual Property Rights. No representation, express
or implied, is made by Sloans & Kenyon or the
consignor as to whether or not a purchaser will acquire
any reproduction rights, copyrights or other intellectual
property rights in, or with respect to, the Property.
3. Sale to the Highest Bidder and Auctioneer’s
Determinations Final
Highest Bidder. Bidders are competing against other
bidders who may be present in person at an auction or
bidding by telephone, online or by other forms of
absentee bids. A lot will be sold to the highest bidder
as determined in the sole and exclusive judgment of
the auctioneer.
Decision of Auctioneer Final. The auctioneer will also
have the sole and exclusive power and authority,
without liability, to (a) resolve any disputes between
bidders, (b) determine whether to pass or re-offer any
lot for sale, (c) reject or challenge any bid or advance in
the bidding, and (d) otherwise regulate the bidding and
its increments. If the auctioneer receives more than one
bid of the same value, only the first received will be
accepted. ÒAuctioneerÓ as used in these Conditions of
Sale means an employee or representative of Sloans &
Kenyon duly licensed as an auctioneer or otherwise
authorized by Sloans & Kenyon to conduct an auction.
4. Buyer’s Premium and Purchase Price
Buyer’s Premium. All bidding at auction and purchases
will be in U.S. Dollars. A buyer’s premium in the amount
of 20% of the successful high bid up to and including
$100,000, and 14% of the successful high bid
above $100,000 will be added to the amount of the
successful bid price for all lots purchased at auction.
Purchase Price and Taxes. Upon the announcement by
the auctioneer of the successful bidder, the purchaser
will be responsible to pay the amount of the successful
bid price, the buyer’s premium, applicable taxes and
other charges provided for in the Conditions of Sale.
Applicable taxes shall include sales, use, excise, and
other taxes or levies. Only valid resale certificates are
accepted as proof of exemption from certain taxes for
U.S. dealers. Foreign dealers should contact the Sloans
& Kenyon accounting office concerning all tax matters.
Sloans & Kenyon will not release purchased lots until
all tax requirements are satisfied.
5. Reserves
All lots offered may be subject to a reserve. A reserve
is the confidential minimum price established
between Sloans & Kenyon and the consignor. The
reserve is generally set at a percentage of the low
estimate of the lot and will not exceed, in any case,
the low estimate of the lot. Reserves do not include
the buyer’s premium, any applicable taxes or other
charges. Sloans & Kenyon prohibits consignors from
bidding on their own property. The auctioneer may
implement the reserve by bidding on behalf of the
consignor at the auction. The auctioneer may open
the bidding on any lot by placing a bid on behalf of
the consignor and may continue bidding for the con-signor
by placing responsive or consecutive bids,
but only up to the reserve. If bids on a lot fail to
reach the reserve, the lot will be bought-in and with-drawn
from sale. If Sloans & Kenyon has an interest
in the lot, Sloans & Kenyon may bid up to the reserve
to protect that interest.
6. Estimates
A range of estimates is given for each lot, with a low
estimate and a high estimate. The estimates are merely
guides for bidders and an opinion of Sloans & Kenyon
of the price a lot might bring at auction. Estimates are
based, where possible, on prices that similar items
have sold for in the past. The estimates are determined
prior to the sale and are subject to revision to reflect
changing market conditions.Estimates should not be
relied on as a representation or prediction of the actual
price a lot will be sold for. Actual selling prices could be
significantly different from estimates. Sloans & Kenyon
will not be liable if the actual selling price is different
from the estimate. Estimates do not include the buyer’s
premium, any applicable taxes or other charges.
7. Withdrawal of Property from Sale
Sloans & Kenyon reserves the right to withdraw
Property from sale for any reason and with no liability
whatsoever for such withdrawal. If the auctioneer
decides that any opening bid is below the reserve of the
Property offered, the auctioneer may reject the bid and
withdraw the Property from sale.
8. Payment, Collection and Shipping
Responsibilities of Purchaser
Successful Purchaser Obligations. On the fall of the
auctioneer’s hammer or other acknowledgment of a
successful bidder on a lot, title to the Property in that
lot will pass and the successful bidder thereupon
assumes full risk and responsibility for the purchased
Property (including costs and expenses of handling,
shipping, insurance, taxes, export and otherwise).
Payment is due immediately following sale.
9. Methods of Payment and Fees
Acceptable Methods of Payment. A purchaser may use
one or more of the following methods of payment: cash,
valid and approved credit or debit charge cards, wire
transfers and personal checks. Sloans & Kenyon
reserves the right to hold Property purchased by check
until the check has cleared. To ensure that delivery is
not delayed, new bidders should supply Sloans &
Kenyon with bank or suitable credit references before
the sale. Sloans & Kenyon will charge a fee of $25.00
for any dishonored check. Visa, MasterCard, American
Express, Discover and debit cards are accepted. An
additional 1 1/2% will be added to the successful high
bid as an administrative fee for all payments not made
by cash, check, debit card, or wire transfer.
Storage Fee. A storage fee of $25 per month will be
charged for all lots not picked up or shipped within
ten days of sale.
Late Payment Charge. In addition to any other remedies
available by law to Sloans & Kenyon and the consignor,
Sloans & Kenyon reserves the right to impose from the
date of sale a late charge of 1-1/2% per month (or if
lower, the highest rate permitted by applicable law) of
the total purchase price if payment is not made in
accordance with the payment provisions of these
Conditions of Sale.
10. Purchaser Default
Sloans & Kenyon Remedies Upon Purchaser Default.
If any provisions of the Conditions of Sale are not fully
complied with by the purchaser, the purchaser will be
in default. In addition to other remedies available to
Sloans & Kenyon and the consignor by law, including
the right to hold the purchaser liable for the total
purchase price, including all premiums, charges and
expenses specified in the Conditions of Sale, Sloans &
Kenyon may, at its option, (a) cancel the sale of the lot
on which the purchaser defaulted, and of any other
lot(s) sold to the defaulting purchaser at the same or
any other auction(s), and retain as liquidated damages
all payments made by the purchaser, (b) resell the pur-chased
Property, whether at public auction or private
sale, or (c) pursue any combination of 10 (a) and (b).
In the event of any default by purchaser, purchaser will
be liable to Sloans & Kenyon and the consignor for any
deficiency, any and all costs and expenses, including
reasonable attorneys’ fees, collection fees and expenses,
handling charges, late charges, expenses of both sales,
premiums on both sales at Sloans & Kenyon regular rates
and other damages. Sloans & Kenyon may, in its sole
discretion, apply any proceeds of sale otherwise due to the
purchaser or monies of purchaser in Sloans & Kenyon
possession to reduce or satisfy, if possible, the purchaser’s
obligations with respect to the unpaid lots and other
deficiencies and damages.
Security Interest. As security for the full payment to
Sloans & Kenyon and the consignor of all amounts
due from purchaser, Sloans & Kenyon retains and
purchaser grants to Sloans & Kenyon a security
interest in the Property purchased at auction and in
any other property or money of purchaser in Sloans
& Kenyon possession or coming into Sloans &
Kenyon possession (collectively, Òthe collateralÓ).
Sloans & Kenyon shall have the rights and remedies
of a secured creditor as provided by the Uniform
Commercial Code and other applicable law. Such
security interest shall cease as to the Property or
other collateral when it is physically delivered to the
purchaser or purchaser’s agent.
11. Rescission by Purchaser
Limited Right of Rescission. If, within a reasonable time,
not to exceed twenty one (21) calendar days after the
sale, the original purchaser (a) gives written notice to
Sloans & Kenyon by certified mail or facsimile (or in
such other written form deemed acceptable by Sloans
& Kenyon in its absolute discretion) alleging that the
description, condition, weight, size, title, origin, prove-nance
or other characteristics of a lot as set forth in the
catalogue were grossly and materially inaccurate and
misleading and substantially overstated the value of the
Property, and (b) within five calendar days (or such
later time deemed to be reasonable under the
circumstances by Sloans & Kenyon in its absolute
discretion) after such written notice, returns each item
of Property in the lot to Sloans & Kenyon in the same
condition it was in at the time of sale, and (c) proves
the truth of such allegations to Sloans & Kenyon satis-faction,
the sale of such lot will be rescinded. If Sloans
& Kenyon has not yet paid the consignor the amounts
due as a result of the sale to the purchaser, Sloans &
Kenyon will refund the full purchase price to the
purchaser. Refunds shall not include costs of trans-portation,
insurance or other expenses which may have
been incurred by purchaser.
If Sloans & Kenyon has paid the consignor the
amounts due consignor as a result of the sale,
Sloans & Kenyon will (i) refund to the purchaser the
amount of the buyer’s premium and taxes received
from the purchaser, 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, Sloans & Kenyon shall immediately
furnish purchaser the name and address of the con-signor,
and shall assign to purchaser all of Sloans &
Kenyon rights for the return of the balance of the
purchase price of the affected lot. Upon this disclo-sure
and assignment, Sloans & Kenyon will have
no further liability to purchaser or responsibility to
pursue the purchaser’s claim. Sloans & Kenyon will
extend its reasonable cooperation to purchaser,
provided that such cooperation does not require
out-of-pocket expenditures by Sloans & Kenyon.
Rescission Only by Original Purchaser. This limited right
of rescission is available only to the original purchaser
and may not be relied upon by any heir, agent,
transferee, assignee or other third party or assigned to
any subsequent transferee of the Property which gave
rise to the claim.
Exclusive Remedy. Purchaser acknowledges and
expressly agrees that the provisions of this Paragraph
11 state the sole and exclusive remedy available to a
purchaser in the event of a nonconformity in Property
purchased. Sloans & Kenyon will not be liable for
damages of any kind, whether characterized as comp-ensatory,
direct, indirect, incidental or consequential
(including damages for loss of profits or revenue,
costs of obtaining alternative property, claims of
customers of purchaser or otherwise), whether or not
caused by Sloans & Kenyon fault or negligence,
except as provided above or to the extent applicable
law does not permit Sloans & Kenyon to exclude
such liability.
12. Rescission by Sloans & Kenyon
In the event Sloans & Kenyon receives notice of an
adverse claim with respect to purchased Property,
Sloans & Kenyon shall have the right (but not the
obligation), in its sole and absolute discretion, to
rescind the sale to purchaser, upon written notice to
purchaser. Upon such notice, purchaser will promptly
return the purchased Property to Sloans & Kenyon
premises where purchased in the same condition as
when purchased. Sloans & Kenyon will then promptly
refund the purchase price, including the buyer’s
premium and applicable taxes. Purchaser will have no
further recourse against Sloans & Kenyon or the con-signor,
and Sloans & Kenyon and the consignor shall
not be liable for any damages of any nature suffered by
the purchaser, whether or not resulting from the fault or
negligence of Sloans & Kenyon or the consignor.
13. Governing Law
The law of the state (excluding its conflicts of law rules)
in which the Property is auctioned or sold shall govern,
provided however, that if the Property is auctioned or
offered for sale only through the medium of an online
auction, the law of the State of Maryland (excluding its
conflicts of laws rules) shall govern.
14. Forum for Lawsuits
Consent of Bidders and Purchasers to Jurisdiction.
If there is a lawsuit, each bidder and purchaser hereby
consents to the jurisdiction of the federal court located
in, and the state courts of, the State whose law has been
chosen to govern as provided in the preceding
ÒGoverning LawÓ Paragraph 13.
Lawsuits by Bidders and Purchasers Only in Certain
Courts. Each bidder and purchaser hereby agrees that
any lawsuit that bidder or purchaser may bring against
Sloans & Kenyon or the consignor will only be brought in
the federal courts located in, or the state courts of, the
State whose law has been chosen to govern as provided
in the ÒGoverning LawÓ Paragraph 13 above.
15. Limitation of Liability
Sloans & Kenyon acts only as agent for the consignor
and in no event will Sloans & Kenyon be liable for
any breach or default by the consignor. Without
diminishing any exclusion of liability provision applica-ble
to the specific matters covered in these Conditions
of Sale, (a) in no event will Sloans & Kenyon liability for
any breach, or act or omission exceed the purchase
price actually paid by the purchaser, and (b) in no event
shall Sloans & Kenyon have any liability under any cir-cumstances
for special, indirect, incidental or conse-quential
damages (including for loss of profits or
revenues, costs of obtaining alternative property,
claims of customers of purchaser or otherwise),
whether in contract, tort, negligence, strict liability, or
otherwise, arising out of, resulting from or in any way
relating to (i) the Property or its purchase, sale, deliv-ery
or non-delivery, or (ii) the acts or omissions of
Sloans & Kenyon or Sloans & Kenyon agents, repre-sentatives,
officers, directors, employees or affiliates.
16. Miscellaneous
Export or Import. An export license may be required
from governmental agencies or departments for the
export of items containing certain materials. Some
countries prohibit the importation of items containing
certain animal or other materials. It is the sole responsi-bility
of purchasers to familiarize themselves with any
required license, and import or export requirements or
limitations. Sloans & Kenyon will have no responsibility
with regard to these matters. Inability to obtain a license
or to import into or export to foreign countries or delays
in connection therewith shall not constitute a basis for
(a) a delay in purchaser’s collection of or paying for any
purchase, (b) a rescission or cancellation of a purchase
by purchaser or (c) purchaser not otherwise fully
meeting purchaser’s obligations to Sloans & Kenyon.
Absentee Bids. For bidders who do not choose to attend
a sale in person or for online auctions, Sloans & Kenyon
may accept absentee bids at no cost to bidders.
Purchasers who wish to participate in auction sales as
absentee bidders must complete the applicable forms
printed elsewhere in (or along with) this catalogue and
shall comply with and be bound by the additional
provisions applicable to such bidding.
Severability. If any provision or portion thereof of the
Conditions of Sale shall be void, unlawful or unenforce-able
under applicable law, that provision or portion
thereof shall be deemed deleted and severed from the
remaining provisions, and shall not affect the enforce-ability
or validity of any of the remaining provisions.
Private Sales. These Conditions of Sale shall apply to
both auction and private sales of Property.
No Assignment. Unless Sloans & Kenyon consents in
writing, purchasers may not assign their rights or any of
their obligations relating to an auction or other sale by
Sloans & Kenyon. Any assignment without Sloans &
Kenyon consent will not be effective.
Complete Agreement and Binding Agreement. These
Conditions of Sale contain all of the provisions appli-cable
to the agreement between Sloans & Kenyon, on
the one hand, and each bidder and purchaser, on the
other, with respect to the subject matter of the
Conditions of Sale. The provisions of the Conditions of
Sale supersede and extinguish all other agreements,
representations or understandings, whether prior or
contemporaneous, or oral or written, between the
parties concerning that subject matter. The Conditions
of Sale shall be binding on purchaser’s heirs, benefi-ciaries,
executors, successors and permitted assigns.
Contract Modifications and Waiver. These Conditions of
Sale may not be changed, unless Sloans & Kenyon and
the purchaser have agreed to do so in a writing signed
by both parties. No waiver shall be effective unless in
writing and signed by the party alleged to have given
the waiver. A waiver on one occasion by Sloans &
Kenyon shall not be a waiver on any other or future
occasion or affect Sloans & Kenyon right to insist on
strict performance of all other provisions.
Paragraph Headings. Paragraph and subparagraph
headings are included in these Conditions of Sale for
ease of reference and should not be used to interpret
the meaning of the substantive provisions.
4605 BRADLEY BOULEVARD,
BETHESDA, MD 20815
(301) 634-2330 FAX: (301) 656-7074
WWW.SLOANSANDKENYON.COM
Taxes
Applicable taxes shall include sales, use, excise, and
other taxes or levies. Only valid resale certificates are
accepted as proof of exemption from certain taxes for
U.S. dealers.
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