Exceptional November Auction (458)

PLEASE NOTE: THIS IS A LIVE AUCTION, WE DO NOT KNOW THE EXACT ENDING TIME FOR ANY LOTS. BID PRICE Each buyer must register with Ebay prior to bidding. The highest bidder on a lot shall be the buyer of the lot. The purchase price shall be the sum of 1) the price at which the item is sold, plus 2) A BUYER'S PREMIUM OF 20% ON THE FIRST $70,000 BID PRICE ON ANY LOT AND 13% ON ANY AMOUNT OVER $70,000, plus 3) sales tax unless the purchaser is exempt by law from such taxes. ACCEPTANCE The purchaser is legally liable to pay for the item or pay the difference if we must reoffer and sell the item for a lower price. REGULATION OF BID The Auctioneer shall regulate the bidding and shall be the sole arbiter of any disputes. We reserve the right to withdraw property at any time before the sale and reject a bid from any bidder. ONLINE BIDDING Clars Auction Gallery will not be liable for malfunctions, errors or omissions (hardware, software, electronic, human or otherwise), whether or not due to Clars Auction Gallery's fault or negligence, resulting in the inaccurate transmittal of bids, the failure to execute bids or any other irregularity. PAYMENT AND PICKUP The invoice must be paid in full and merchandise picked up or shipping arrangements made within seven days of the date of sale. A storage fee will be charged if merchandise is left longer than two weeks of $10.00 per lot per day. If the property is left longer than 3(three and one-half) weeks, it will be considered abandoned. RISK OF LOSS In the event delivery cannot be made because of loss due to fire, theft, or any other reason, the Gallery shall only be liable for the return of any deposits or payments made by the purchaser. NO WARRANTY ALL ITEMS SOLD "AS IS AND WHERE IS" THE GALLERY, ITS AGENTS AND EMPLOYEES, AND THE CONSIGNOR DO NOT WARRANT ANY LOT TO BE MERCHANTABLE OR TO BE SUITED FOR ANY PURPOSE AND THEY DO NOT ASSUME ANY RISK, LIABILITY OR RESPONSIBILITY FOR ANY PERSON AS TO AUTHENTICITY, GENUINENESS, CULTURE, SOURCE, ORIGIN, ATTRIBUTION, PERIOD, PURPOSE OR MEASUREMENTS OF ANY LOT. THESE CONDITIONS MAY NOT BE ALTERED OR MODIFIED EXCEPT BY AN INSTRUMENT IN WRITING, SIGNED BY AUCTIONEER AND BUYER. RIGHT OF RECISION Notwithstanding the preceding conditions, if within 21 days of the date of sale of any lot, the original purchaser (a) gives notice in writing to us alleging that the identification of Authorship (as defined below) of such lot is not substantially correct based on a fair reading of the catalogue (including the terms of glossary contained therein), and (b) with 10 days after such notice returns the lots to us in the same condition as at the time of sale and (c) establishes the allegation in the notice to our satisfaction then the sale of such lot will be rescinded and the original purchase price refunded. Nothing in this paragraph shall be construed as an admission by us of any representation of fact, express or implied, obligation or responsibility with respect to any lot. The purchaser's sole remedy in the event this paragraph is invoked is as provided herein. Consignor agrees to be bound by our judgment as to Authorship and by our determination regarding rescission. The purchaser expressly acknowledges and agrees that in no event shall we liable for any compensatory, incidental or consequential damages. "Authorship" means only the identity of the creator. The right of rescission does not extend to (a) works executed before 1870 unless these works are determined to be counterfeit, as this is a matter of current scholarly opinion which can change, (b) titles or other identification of offered lots or descriptions of physical condition and size, quality, rarity, importance, provenance, exhibition and literature of historical relevance. Although our best judgment is used in attributing paintings, drawings and sculpture created prior to 1870 through the appropriate use of the glossary terms, and due care is taken to ensure the correctness of the supplemental material, the right of rescission does not extend to any possible errors or omissions therin. PAYMENT Cash(In House Only), Cashier's check, Money Order, Wire(bank) Transfer and personal check (items may be held until the check clears), MasterCard and VISA accepted for purchases $25 and over, but not for vehicles. If any legal action is commenced to enforce these Conditions of Sale, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs. Time is of the essence. DO WE GUARANTEE THAT A CERTAIN PIECE OF ART IS BY A PARTICULAR ARTIST? PLEASE SEE THE CATALOG DESCRIPTION. 1)If it says "by... (artist's name)" then we guarantee it is by that artist. If the buyer subsequently finds that we are mistaken, we will cancel the sale and refund the purchase price, provided 1) It is done within 3 weeks of the date of the sale and 2) we are given written proof by an accepted expert, as stated above. 2) If the description says "Attributed to ...(artist's name)" we believe it is by that artist but do not guarantee it. 3) If the description says "Signed by (certain artist)" we are not guaranteeing it is by that artist, although it bears his name. 4) If the description says "In the style of" we do not believe it is by that artist, but is similar. We try, whenever possible, to provide auction records of previous works by artists in our auction, even when we do not guarantee authenticity, as a guide for our customers on how those artists' works sell at auction.

Sales tax of 8.75% will be collected on all purchases picked up or delivered within the state of California. Those holding a valid California State Resale License must present a valid resale number.

Clars Auction Gallery offers online bidding as a convenience for clients and is not responsible for any inadvertent failure to execute bids, or for any error in the execution of bids.

It is the responsibility of the prospective buyer to inquire as to the condition of a specific lot before bidding. Any condition statement is given as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. Clars Auction Gallery 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. P Please review all of the information and photographs before requesting additional information. Additional condition reports are available on request and we will respond as quickly as possible. You are advised to make your requests well in advance of the sale in order to receive the information in a timely manner. All condition report requests must be made via email to onlineclars.com. Please put Condition Report in the subject line of your email. We will not be able to provide condition reports over the phone.

Local buyers are welcome to pick up in person. Items sold through Ebay in our Saturday auction are available for pick up starting Sunday, and items sold in the Sunday sale are available for pickup starting Monday. Our hours for pick-up are Monday-Friday from 9 a.m. to 5 p.m.

Items offered are part of a live auction at Clars Auction Gallery. Items are offered in numerical order and are auctioned at a pace of approximately 125 lots per hour. p Please note eBay's Time Remaining time stamp is not an accurate reflection of the hour at which the lots will be offered. p Absentee bids left on eBay Live Auction are not the same as bids left with the auction house directly. They are executed from a proxy computer terminal in the room against other Internet bidders. Other competitive bids include bidders on the telephone, in the room, and left bids with the auctioneer. eBay does not provide the ability for auction houses to incorporate left bids from the Internet with those left directly with the auction staff. p In the event of a tie bid, the auctioneer has sole discretion to award the lot to the high bidder of his or her choosing