Fall Fine Art Auction

Fine Art Terms and conditions CONDITIONS OF AUCTION SALE The following Conditions of Sale and, if applicable, the Absentee/Telephone Bid Form in the back of the catalog, whether printed or on website, as they may be amended by any posted notices or oral announcements before or during the sale, from Barridoff Galleries? and its consignors? entire agreement with the buyer relative to the property listed herein. By participating in the sale, all bidders agree to the terms hereof. Barridoff Galleries acts as an agent for its consignors and the contract for sale is between the consignor and the buyer. Barridoff Galleries may reject any bid for any reason. Items are sold with reserve, and Barridoff Galleries may reject any bid below the reserve. The auctioneer may bid on behalf of the consignor or of Barridoff Galleries. Barridoff Galleries reserves the right to withdraw any property at any time before its actual sale. The buyer will be the highest bidder acknowledged by the auctioneer. Barridoff Galleries has the authority to decide any disputes over the auction process in its sole discretion, and its decision shall be final and binding. As a convenience to clients who cannot attend a sale in person, Absentee/Telephone bid forms are found by the link on the Barridoff Galleries home page. Barridoff Galleries is not responsible for errors and omissions in connection with telephone, Internet, or other absentee bidding. Provenances are included in the catalog to the extent they are available. Estimates are included with each lot. (See note on estimates in paragraph 8.) Statements of condition may be provided herein. However, these statements are merely the opinion of Barridoff Galleries and may not be taken as statements of fact to substitute inspection of the painting by the buyer themself. Barridoff Galleries, however, will endeavor to answer to the fullest extent possible any reasonable question, subject to the disclaimers below. The auctioneer may make corrections and provide additional information as available at the time of sale. Statements in the catalog and any other information provided by Barridoff Galleries and any of its employees are opinions; Barridoff Galleries and the consignors are not responsible for errors and omissions therein. Barridoff Galleries makes no representation or warranty with respect to and is not responsible for the description, quality, condition, or authenticity of any items sold, and makes no warranty as to merchantability or fitness for a particular purpose. All items are sold ?AS IS.? Prospective bidders should inspect the property before bidding to determine its condition, size, and whether or not is has been repaired or restored. No representation or warranty is made as to copyright of any property or whether the buyer acquires any reproduction rights of the property. Barridoff Galleries charges the buyer a premium to be added to the hammer price on each item purchased. This premium is equal to 22% of the hammer price up to and including $?500,000.00, plus 17% of the hammer price over $?500,000.00. The premium when bidding online is 27%. A discount of 2% of the hammer price shall be given to any item paid for and removed from the premises of the auction by the buyer or buyer?s representative on the day of the sale. Upon the fall of the auctioneer?s hammer, title to the item passes to the highest bidder, subject to the terms hereof, who is bound by the sale and assumes full risk and responsibility therefore. Buyer authorizes Barridoff Galleries to sign a sales record, which shall be conclusive as to the terms of the sale, on buyer?s behalf. All property must be paid for and removed from the premises of the auction by the buyer, at buyer?s expense, on the day of sale unless other specific arrangements have been made with Barridoff Galleries. Barridoff Galleries is not responsible for any loss by the buyer as a result of the damage or theft of an article subsequent to purchase. Payment for each item purchased must be made before the item is removed. Only cash, certified check or verified credit card will be acceptable unless other suitable arrangements have been made with Barridoff Galleries at least five days before the auction. If auction purchases are not paid for and removed from the premises within 5 business days after the sale, additional charges may apply. If the buyer does not comply with any applicable conditions herein, Barridoff Galleries and the consignor shall have all of the following rights and remedies, in addition to their other remedies at law or in equity: the right a) to hold the buyer liable for the total purchase price plus interest of 1?½?% per month; b) to cancel the sale and retain as liquidated damages all payments made by the buyer; c) to resell the property, in which case the buyer shall be liable for any deficiency, cost, including handling charges, the expenses of both sales, commissions on both sales and all other charges and incidental damages; d) to charge 1% of the total purchase price per month, with a minimum charge of 5%, to handle any property not timely removed; e) to exclude buyer and its affiliates from all future auctions; and f) to set off any amounts Barridoff or consignor owes the buyer. All buyers shall be deemed to have granted to Barridoff Galleries and its consignor as collateral for buyer?s obligations hereunder a security interest in any property of the buyer in the possession of Barridoff Galleries or its consignor, who shall have all of the rights of a secured party in Maine and the law of the location of the property. Barridoff Galleries shall have all of the rights of the consignor to pursue all rights and remedies hereunder, and Barridoff Galleries and its consignors shall be entitled to all of their costs, including reasonable attorney?s fees, in enforcing their rights and remedies hereunder. Buyer waives any and all rights it may now or in the future have under any Maine law governing unclaimed or abandoned property. Disputes on the grounds of authenticity subsequent to sale must be made within 15 days of the auction and must be supported by the written testimony of at least two recognized experts in the field with respect to the specific artist involved. Only if the disputed article is in the same condition as when sold will a rescission of the sale be considered. In the event Barridoff Galleries agrees to rescind the sale, which decision shall be at Barridoff Galleries? sole discretion, the original purchase price shall be refunded to the buyer. Such rescission and refund is exclusive and in lieu of any other remedies which might otherwise be available as a matter of law. In no event shall Barridoff Galleries? or its consignor?s liability exceed the purchase price of the item sold. The high and low estimate given for an item are solely a guideline based upon Barridoff Galleries? approximation as to the range within which an item may be sold for at auction. The reserve price below which an item may not be sold is never higher than the low estimate, and sometimes is far lower than the low estimate. An estimate is not a statement of value or selling price of an item and Barridoff Galleries makes no guarantee, representation, or agreement as to the value or selling price of an item more than the Galleries? opinion of the item?s possible auction price. All purchases are subject to Maine sales tax (5.5%) unless the buyer possesses a sales tax exemption number either from or acceptable to Maine Revenue Services and presents to Barridoff Galleries at or before the auction a valid signed certificate from the Services stating that Barridoff Galleries does not have to withhold Maine sales tax on the purchase. Maine sales tax is applicable to the full purchase price as determined by the hammer price plus premium. The descriptions used in this catalog may not be reproduced in any manner without the written authorization of Barridoff Galleries. The Uniform Commercial Code Title 11, Section 2-328 applies to this auction sale. These conditions of sale are governed by and shall be interpreted under Maine law, and any conflicts hereunder shall be decided in the state and federal courts located in Cumberland County, Maine, and all bidders submit themselves to the jurisdiction thereof. The regulating authority of this auction is the Board of Licensing of Auctioneers, 35 State House Station, Augusta ME 04333-0035. Unless agreed otherwise in writing between Barridoff Galleries and the buyer, these terms and conditions, whenever applicable, apply to all private sales, post auction sales and any other transaction between the parties not conducted at the auction sale. NOTES AND OTHER INFORMATION ABBREVIATIONS l.r lower right l.l. lower left l.c. lower center u.l. upper left u.r. upper right b.r. below right m.r. middle right Am. American Br. British Eur. European Fr. France Ger. German It. Italian SHIPPING For the buyer?s convenience, Barridoff Galleries has arranged for representatives of The UPS Store to be at the auction to ship any purchases directly from the premises or, as a free service to Barridoff clients, to help you pack to carry any purchase with you that day. All shipping and packaging for shipment charges are otherwise payable by the buyer. Barridoff Galleries assumes no responsibility of any kind for providing this service. Buyers should otherwise make arrangements to collect or ship purchases in a timely manner following the sale. FRAMES If a frame is thought to be original to the work of art or of some other particular interest thanks to its history or beauty, it may be illustrated; but the illustration is in no way to be considered a guarantee of same and nothing about the frame is included in any catalog entry. OLD MASTERS All works by Old Masters, including school, manner, and other related information including dates are now by policy offered as attributions because, in the opinion of Barridoff Galleries, there has been too little or no known opportunity for a consensus, extensive research, or singular expertise and/or because such opportunities often result in significant changes and varied opinions. However, all attributions are, in the opinion of Barridoff Galleries, appropriate as cataloged. CONDITION REPORTS Condition reports may be in the catalog and are available upon request. However, information provided by Barridoff Galleries pertaining to the condition of any auction lot is for the buyer to use or interpret as the buyer sees fit. A condition report is in no way a guarantee, nor should it be considered an expert opinion. All prints (etchings, lithographs, silkscreens, etc.), to the best of Barridoff Galleries? knowledge, have full margins unless otherwise noted. All lots should be examined by potential bidders. Because few lots are examined by Barridoff Galleries out of their frames, potential bidders should assume that condition reports only include areas that are clearly visible unless otherwise stated. Please also see ?Conditions of Sale? on the inside front cover. SIZE The size of each item is measured height by width in inches and does not include the frame. Sizes are approximate. ONLINE CATALOGS, LIVE PHONE BIDDING, AND ONLINE BIDDING Phone bids will be allowed on a limited first-come, first-served basis. Phone bidders must make arrangements in advance. Barridoff Galleries provides phones as a service for buyers who cannot attend the auction, but phones are not the perfect medium for bidding at an auction under any circumstances and cell phones, while useful, can be particularly difficult. Buyers should be mindful of these limitations if choosing to bid by phone. Bidding may also be available online in real time at barridoff.com, invaluable.com, and liveauctioneers.com. Buyers are advised to familiarize themselves with the rules and procedures provided thereon prior to bidding. All catalog entries are listed and all lots are illustrated several days after the catalogs themselves have been mailed to subscribers and several days before the auction. Barridoff Galleries also publishes its auction catalogs and any supplements to the catalog online at barridoff.com. Barridoff Galleries is not responsible for any difficulties, technical or otherwise, that may be experienced through bidding other than in person. ADDITIONS AND ERRATA. Additions consigned too late to be included in the bound copy of the catalog will be found on a continually updated separate sheet to the extent possible. All additions will be included on the final sheet available at the auction and will be sold sequentially at the end of the sale. Digital catalogs will be updated daily Lot numbers will correspond with the printed catalog and additions sheets. Errata will also be published in the updated sheet listing any corrections of inaccuracies or additional information concerning the original catalog. PROVENANCE Provenance is listed insofar as it is known or can and is allowed to be published by the owner. OFFERS FOR PREVIOUS SALES Barridoff Galleries accepts offers for pieces sold at former auctions at prices above the prior hammer price acceptable to participating buyers. If Barridoff Galleries receives and determines suitable a bona fide offer for the item, Barridoff Galleries will relay the offer to buyer for consideration and acceptance. If buyer accepts the offer, the standard conditions of sale apply to the transaction. NEW FEATURES AT BARRIDOFF GALLERIES There are several new features at Barridoff Galleries. The first feature is Barridoff Galleries is offering a discount on the buyer?s premium equal to 2% of the hammer price for items paid for and removed from the auction premises the day of the auction. The second feature is that Barridoff Galleries now accepts credit cards. Buyers should speak to a Barridoff Galleries representative to make arrangements if paying by credit card. AUCTIONEER William J. Milliken. ME license number AUC1627.

If the condition report only states Good condition, good appearance or the like with nothing further, it is our opinion that the painting appears to have little to no restoration and does not appear to be lined. Craquelure will be described in condition reports if it seems, in our opinion, to be extensive, separated, or obtrusive, especially for its date. All oils, especially earlier examples, must be assumed to have some craquelure. Loss of intensity or color in watercolors will be mentioned only if it seems, in our opinion, to be significant or obtrusive. Almost every watercolor has some loss of intensity from aging and direct or indirect light over time. We qualify those pictures we feel to be in mint condition with the term mint or nearly mint, pristine or nearly pristine, little or no restoration, probably none, or the like, in order to avoid problems arising from differences of opinion and interpretation. We use the word restoration to mean inpaint or overpaint, and treat lining and thinness (or overcleaning/loss of paint surface) as issues separate from restoration. Very minor scattered restoration means it seems to us almost not worth mentioning; minor scattered restoration means a bit more. Scattered restoration alone may mean anything from several scattered spots to many scattered spots, but none of these is usually or particularly meaningful or bothersome. Unless very serious, we usually don't include thinness of surface paint in most condition reports because, again, it is often a matter of opinion and taste. The problem would have to be very obvious to the naked eye to be included. We do not mention minor ghosts of a crease or line on the surface caused by a stretcher unless it is in some way atypical or impacts significantly on the surface. If an image is painted directly on Masonite, board, canvasboard or the like, it is not considered lined and therefore nothing about its being lined is mentioned in condition reports. Barridoff Galleries tries to distinguish between works painted directly on such supports and those canvases that are laid down on such supports, but does not guarantee the type of support or lining. In general, if the lining or relining is not mentioned, it means that we do not believe it is lined. Although we will answer as best we can any questions in regard to the surface, if the buyer has questions about it, he or she is cautioned to examine the work under consideration in person or have an expert look at it for himher. If a condition report includes no mention of lining, the subject artwork is probably not lined or is painted directly on a hard surface such as a panel. No one representing Barridoff Galleries is a qualified expert in regard to condition or restoration. While we do our best to provide an accurate description of condition no matter the medium, our description is in no way to be understood as a guarantee. Again, bidders are herein advised to examine any item in the sale prior to bidding in person andor to have a qualified restorer of hisher own choosing do so for them. The Conditions of Sale found on the inside front cover and on page 4 of the catalogue (as well as on our online catalogue) also preclude any statements made in any other fashion and in any regard. Condition reports are in no way to be considered a guarantee of any kind. Our expertise in regard to condition is limited. This is particularly true of works on paper (including photographs), sculpture, and, most particularly of all, Old Masters. Those very few, if any, paintings whose condition reports may be more extensive and technical, are done by or with the help of a professional restorer. However, this disclaimer applies to all condition reports. If you would like more specific detail about condition, please ask by email or phone.