June 1, 2019 Auction

TERMS AND CONDITIONS OF THE SALE AUCTIONEER AND AUCTION - This Auction is presented by Lion & Tiger, LLC. The Auction is conducted under these Terms and Conditions of Auction and applicable state and local law. BIDDERS: - Any person participating or registering for the Auction ("Bidder(s)") agrees to be bound by and accepts these Terms and Conditions of Auction. CONDUCTING THE AUCTION: - Notice of the consignor's liberty to place reserve bids on his lots in the Auction is hereby made in accordance with the Uniform Commercial Code. THE CONSIGNOR OF PROPERTY MAY PLACE WRITTEN RESERVE BIDS ON HIS LOTS IN ADVANCE OF THE AUCTION. BIDS: - Seller reserves the right to withdraw, prior to the close, any lots from the Auction. - Bids will be accepted in whole dollar amounts only. No "buy" or "unlimited" bids will be accepted. Bidders will be awarded lots at approximately the increment of the next highest bid. No additional commission is charged for executing bids. - Seller reserves the right to rescind the sale in the event of nonpayment, breach of a warranty, PAYMENT: - All sales are strictly for cash in United States dollars. Cash includes: U.S. currency, bank wire, cashier checks, travelers checks, PayPal and bank money orders, all subject to reporting requirements. We reserve the right to retain all goods paid for by check until the payment has been cleared. - Payment is due upon closing of the Auction session, or upon presentment of an invoice. Auctioneer reserves the right to void an invoice if payment in full of the invoice is not received within 7 days after the close of the Auction. No credit card accepted ?No exceptions. - Lots delivered in the State of New York or other states where the Auction may be held, are subject to all applicable state and local taxes, unless appropriate permits are on file with us or presented prior to payment. Bidder agrees to pay Auctioneer the actual amount of tax due in the event that sales tax is not properly collected due to: 1) an expired, inaccurate, inappropriate tax certificate or declaration, 2) an incorrect interpretation of the applicable statute, 3) or any other reason. Lots from different Auctions may not be aggregated for sales tax purposes. - In the event that a Bidder's payment is dishonored upon presentment(s), Bidder shall pay the maximum statutory processing fee set by applicable state law. - In the event a successful Bidder fails to pay all amounts due, seller reserves the right to resell the merchandise, and such Bidder agrees to pay for the reasonable costs of resale, including a 10% seller's commission, and also to pay any difference between the resale price and the price of the previously successful bid. - Seller reserves the right to require payment in full in good funds before delivery of the merchandise to the buyer. - Title shall not pass to the successful Bidder until all invoices are paid in full. It is the responsibility of the buyer to provide adequate insurance coverage if needed for the items once they have been delivered. - ALL SALES ARE FINAL AND ITEMS ARE PURCHASED AS IS. PICK-UP, DELIVERY, SHIPPING AND HANDLING CHARGES: - All purchases must be picked up within five (14) business days. If Items left after 30 days there will be a charge of $50. Per day up to 3 months in a storage facility. If shipping not arranged after 3 months then the item will be resold. - All shipping charges will be borne by the successful Bidder. Due to the nature of some items sold, it shall be the responsibility for the successful bidder to arrange pick-up and shipping through third parties, as to such items seller shall have no liability. Any risk of loss during shipment will be borne by the buyer following Auctioneer's delivery to the designated common carrier, regardless of domestic or foreign shipment. Any request for shipping verification for undelivered packages must be made within 30 days of shipment by seller. CATALOGING, WARRANTIES AND DISCLAIMERS: 32. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY DESCRIPTION CONTAINED IN THIS AUCTION OR ANY SECOND OPINION. Any description of the items or second opinion contained in this auction is for the sole purpose of identifying the items and no description of items has been made part of the basis of the bargain or has created any express warranty that the goods would conform to any description made by the seller. All listed measurements are approximate. The term ?sight size? is used herein in instances where the edges of the item are obscured by a frame, matting, or other framing material. - Auctioneer is selling only such right or title to the items being sold as Auctioneer may have by virtue of consignment agreements on the date of auction and disclaims any warranty of title to the Property. - Auctioneer disclaims any warranty of merchantability or fitness for any particular purposes. - Authorship of any paintings, drawings or sculpture created prior to 1870, unless the lot is determined to be a counterfeit which has a value at the date of the claim for rescission which is materially less than the purchase price paid for the lot; or FINE AND DECORATIVE ARTS TERM: GLOSSARY OF TERMS: Terms used in this catalog have the following meanings. Please note that all statements in this catalog, excluding those in BOLD-face type, regarding authorship, attribution, origin, date, age, provenance and condition are statements of opinion and are not treated as a statement of fact. 1. NAME OF THE ARTIST = In our opinion, the work is by the artist. 2. ATTRIBUTED TO In our opinion, the work is of the period of the artist which may be whole or in part the work of the artist. 3. STUDIO, (CIRCLE OR WORKSHOP) OF In our opinion, the work is of the period and closely relates to his style. 4. SCHOOL OF In our opinion, the work is by a pupil or a follower of the artist. 5. MANNER OF In our opinion, the work is in the style of the artist and is of a later period. 6. AFTER In our opinion, this work is a copy of the artist. 7. ASCRIBED TO In our opinion, this work is not by the artist, however, previous scholarship has noted this to be a work by the artist. 8. SIGNED (OR DATED) The work has a signature (or date) which is in our opinion is genuine. 9. BEARS SIGNATURE (OR DATE) The work has a signature (or date) which in our opinion is not authentic. DISPUTE RESOLUTION: - Seller in no event shall be responsible for consequential damages, incidental damages, compensatory damages, or other damages arising from the auction of any lot. Auctioneer's maximum liability shall not exceed the high bid on that lot, which bid shall be deemed for all purposes the value of the lot. In the event that Auctioneer cannot deliver the lot or subsequently it is established that the lot lacks title, provenance, authenticity, or other transfer or condition issue is claimed, Auctioneer's liability shall be limited to rescission of sale and refund of purchase price. After one year has elapsed, Auctioneer's maximum liability shall be limited to any commissions and fees Auctioneer earned on that lot. - Provenance and authenticity are not guaranteed. While every effort is made to determine provenance and authenticity, it is up to the Bidder to arrive at that conclusion prior to bidding. If we provide the authenticity, which we guarantee for two years unless the buyer proof otherwise. - If any dispute arises regarding payment, authenticity, grading, description, provenance, or any other matter pertaining to the Auction, the Bidder or a participant in the Auction and/or the Auctioneer agree that the dispute shall be submitted, if otherwise mutually unresolved, to binding arbitration in accordance with the commercial rules of the American Arbitration Association (A.A.A.). A.A.A. arbitration shall be conducted under the provisions of the Federal Arbitration Act with locale in New York City, N.Y. Any claim made by a Bidder has to be presented within one (1) year or it is barred. The prevailing party may be awarded his reasonable attorney's fees and costs. An award granted in arbitration is enforceable in any court of competent jurisdiction. No claims of any kind (except for reasons of authenticity) can be considered after the settlements have been made with the consignors. Email: info@capoauctionnyc.com Mon.-Fri. 9am - 5ueens Blvd., LIC, NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY DESCRIPTION CONTAINED IN THIS AUCTION OR ANY SECOND OPINE. Any description of the items or second opine contained in this Auction is for the sole purpose of identifying the items for those Bidders who do not have the opportunity to view the lots prior to bidding, and no description of items has been made part of the basis of the bargain or has created any express warranty that the goods would conform to any description made by Auctioneer. Color variations can be expected in any electronic or printed imaging, and are not grounds for the return of any lot. NOTE: Auctioneer, in specified auction venues, for example, Fine Art, may have express written warranties and you are referred to those specific terms and conditions. . - Seller is selling only such right or title to the items being sold as Auctioneer may have by virtue of consignment agreements on the date of auction and disclaims any warranty of title to the Property. Auctioneer disclaims any warranty of merchantability or fitness for any particular purposes. All images, descriptions, sales data, and archival records are the exclusive property of Auctioneer, and may be used by Auctioneer for advertising, promotion, archival records, and any other uses deemed appropriate. - Seller disclaims all liability for damages, consequential or otherwise, arising out of or in connection with the sale of any Property by Auctioneer to Bidder. No third party may rely on any benefit of these Terms and Conditions and any rights, if any, established hereunder are personal to the Bidder and may not be assigned. Any statement made by the Auctioneer is an opinion and does not constitute a warranty or representation. No employee of Auctioneer may alter these Terms and Conditions, and, unless signed by a principal of Auctioneer, any such alteration is null and void. - Seller shall not be liable for breakage of glass or damage to frames (patent or latent); such defects, in any event, shall not be a basis for any claim for return or reduction in purchase price. Under no circumstances is the seller liable for consequential or punitive damages. By placing a bid or otherwise participating in the auction, Bidder accepts these Terms and Conditions of Auction