Surfside, FL, United States
DoneSun, Nov 15, 2009 4:00 PM UTC
20th C. Fine Art, Photos,Glass. Low Reserves!
this is a fine art auction with Sculptures, Oil Paintings, Photography, fine prints, glass, Judaica and Israeli art. many items with low or no reserves. from many prominent estates and collections.
Auction & Auctioneer Information
preview is available by appointment only.
Terms & Conditions
This catalogue, as amended by any posted notices or oral announcements during the sale, is the entire agreement by and between LIONS GALLERY, the Consignor and the purchaser relative to the property listed herein. The following Conditions of Sale are the complete and only terms and conditions on which all property is offered for sale. We will offer some of the property as an agent for the Consignor. 1. Lions Gallery ("the Auctioneer") sells as agents for the seller (except where otherwise stated) and as such is not responsible for any default by buyer or seller. 2. The highest bidder to be the buyer. If during the auction the Auctioneer considers that a dispute has arisen he has absolute authority to settle it or to re-offer the lot. The auctioneer may at his sole discretion determine the advance of bidding or refuse a bid, divide any lot, combine any two or more lots or withdraw any lot without prior notice. 3. The buyer shall pay the price at which a lot is knocked down by the Auctioneer to the buyer ("the hammer price") together with a premium of 20%. (For purchases made online the buyer's premium will be 22.5% of the successful bid price.) In the case of a lot when the hammer price exceeds 150,000 the premium shall be 10% thereafter. By making any bid the buyer acknowledges that this attention has been drawn to the fact that on the sale of any lot the Auctioneer will receive from the seller commission at its usual rates in addition to the said premium and assents to the Auctioneers receiving the said Commission. 4. The buyer shall forthwith upon the purchase give in his name and permanent address together with proof of identity and pay to the Auctioneer immediately after the conclusion of the auction the total sum due. The buyer may be required to pay down during the course if the sale the whole or any part of the total sum due, and if he fails to do so after such request the lot or lots may at the Auctioneer's absolute discretion be put up again and resold immediately. The buyer shall at his own expense take away any lot or lots purchased no later that five working days after the auction day. 5. If the buyer fails to pay for or take away any lots pursuant to clause 4 or breaches any other condition of that clause the Auctioneer as agent for the seller shall be entitled after consultation with the seller to exercise one or other of the following rights: Rescind the sale of that or any other lots sold to the buyer who defaults and re-sell the lot or lots whereupon the defaulting buyer shall pay to the Auction any shortfall between the proceeds of that sale after deduction of costs or re-sale and the total sum due. Any surplus shall belong to the seller. ii. Proceed for damages for breach of contract. Without prejudice to the Auctioneer's rights hereunder if any lot or lots are not collected within five days or such longer period as the Auctioneer may have agreed otherwise, the Auctioneer may charge the buyer a storage charge up to 10.00 per lot per day. 6. The seller shall be entitled to place a reserve on any lot and the Auctioneer shall have the right to bid on behalf of the seller for any lot on which a reserve has been placed. 7. All property is sold "AS IS" and neither we nor the Consignor may make any warranties of representations of the correctness of the catalogue or the other description of the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical relevance of the property and no statement anywhere, whether oral or written, shall be deemed such a warranty or representation. Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored. Any representation or statement by the Auctioneer in any catalogue, brochure or advertisement of forthcoming sales as to authorship, attribution, genuineness, origin, date, age, provenance, condition or estimate selling price is a statement of opinion only. Every person interest should exercise and rely on his own judgment as to such matters and neither the Auctioneer nor his servants or agents are responsible for the correctness of such opinions. No warranty whatsoever is given by the Auctioneer or the seller in respect of any lot and any express or implied warranties are hereby excluded. 8. No warranty is given by the auctioneer, its servants or agents, to the seller as to he authorship, attribution, genuineness, origin, date, provenance, condition or value of any lot any express or implied warranties in respect of such matter are excluded. The seller acknowledges and agrees that the Auctioneer owes no duty to the seller or the buyer in respect of any inaccuracies in such information and against all costs and expenses incurred by the Auctioneer in dealing with any claim arising in that respect. 9. Notwithstanding any other terms of these conditions, if within seven days of the sale the Auctioneer has received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery and within seven days after such notification the buyer returns the same to the Auctioneer in the same condition as at the time of the sale and satisfies the Auctioneer that considered in the light of the entry in the catalogue the lot is a deliberate forgery then the sale of the lot will be rescinded and the purchase price of the same refunded. "A deliberate forgery" means a lot made with intention to deceive. A buyer's claim under this condition shall be limited to any amount paid to the Auctioneer for the lot and for the purpose of this condition the buyer shall be the person to whom the original invoice was made out by the Auctioneer. 10. The Auctioneer shall remit the proceeds of the sale to the seller no later than twenty-eight days after the day of the auction provided that the Auctioneer has received the total sum due from the buyer. In all other cases the Auctioneer will remit the proceeds of the sale to the seller within seven days of the receipt by the Auctioneer of the total sum due. The Auctioneer will not be deemed to have received the total sum due until after any check delivered by the buyer has been cleared. In the event of the Auctioneer exercising his right to rescind the sale his obligation to the seller hereunder lapses. 11. In the case of the seller withdrawing instructions to the Auctioneer to sell any lot or lots the Auctioneer may in this event charge the seller such cancellation charges as may be deemed necessary by the Auctioneer to compensate the Auctioneer for all expenses and other losses involved in or resulting from such cancellation and without limitation to the above such compensation shall not be less than the vendor's commission and the buyer's premium chargeable on the middle estimate of the auction price of the lot or lots withdrawn and any other expenses incurred in respect of the lot or lots. Notices and Information Description and Condition of Lots Prospective buyers must satisfy themselves concerning the condition of the goods and the matters referred to in the catalogue description, Solely as a convenience, Lions Gallery may provide condition reports. Many items are of an age or nature which precludes their being in perfect condition and some descriptions in the catalogue, or given by way of condition report (made either orally or in writing), make reference to damage and/or restoration. We provide this information for guidance only and the absence of such a reference does not imply that an item is free from defects or restoration, nor does a reference to particular defects imply the absence of any others. Purchasers are advised that a storage charge of 10.00 per lot per day may be levied on all purchases not cleared within five working days of the sale. Commission Bids If instructed we will execute bids and advise intending purchasers. This service is free. Lots will always be bought as cheaply as is allowed by other bids and such reserves as are on our books. Commissions, where placed by telephone, are accepted only at the sender's risk and must be confirmed before the sale in writing. Shipping Payment Customers are requested to pay in cash (in house only), by credit card (Visa or Mastercard, 3% surcharge), debit card, bank transfers. We undertake valuations for Probate and Insurance, fees being agreed by prior arrangement. If items are subsequently consigned for sale, the fees will be refunded. $50-$200 by $10 $200-$500 by $25 $500-$1000 by $50 $1000-$2000 by $100 $2000-$5000 by $250 $5000-$10,000 by $500 $10,000-$20,000 by $1000 $20,000-$50,000 by $2500 $50,000-$100,000 by $5000 $100,000-$500,000 by $10,000 Payment may be made with Cash or Cashier's check ONLY. Personal checks will be accepted ONLY with prior approval. Cashiers Checks are the accepted form of payment for purchases made online. We also accept credit cards and paypal. We reserve the right to withdraw any property before the sale and shall have no liability whatsoever for such withdrawal. We ACCEPT absentee bids in person, via fax or phone (with a signature). (See Absentee bid form for description of terms). We are able to accept bids throughout the actual auction and do our best to represent the buyer per our absentee bid rules. We reserve the right to reject any bid. The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of any dispute between bidders, or in the event of doubt on our part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sale record is conclusive. Although at our discretion we will execute order bids as a convenience to clients who are not present at auctions, we are not responsible for any errors or omissions in connection therewith. Please note some pieces will be sold unframed, as noted in catalogue. If the auctioneer decides that any opening bid is below the reserve of the article offered, he may reject the same and withdraw the article from sale, and if, having acknowledged an opening bid he decides that any advance thereafter is insufficient, he may reject the advance. Some lots are offered subject to a reserve, which is the confidential minimum price below which such lot will not be sold. We may implement such reserves by bidding, on behalf of the Consignor. LIONS GALLERY IS NOT responsible for packing, shipping or providing insurance for sold artwork. Successful bidders are responsible for making ALL shipping arrangements. LIONS GALLERY can suggest qualified shippers if necessary. We, LIONS GALLERY are not responsible for the facts or omissions in our packing or shipping of purchased lots or other carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots is at the entire risk of the purchaser. In no event will our liability to a purchaser exceed the purchase price actually paid. During the auction, we will do our best to stay in the order of this catalogue, which is for the most part per lot. However, we are not strictly adhering to numbers or a specific order in this catalogue. These are to be used as references and the auctioneer will announce them as they come up in the auction block. Also, unsold items will be brought up upon request to open the bidding. All buyers must first carefully review our Conditions of Sale and complete a Registration Form. You may register the day of the auction, although we highly recommend early registration. Registration is free and open to the public. Once you have registered, you will be issued a Paddle number. If you are unable to attend an auction or stay for the duration of the auction, you may submit an absentee bid form and our auction staff will bid on your behalf. They will try to bid just as you would, obtaining the item at the lowest bid possible. Absentee bid forms can be downloaded off our site or found in our catalogues or from the auction gallery. You may also bid through a friend or agent. Online bidding registration is done through either Ebay Auctions or Live Auctioneers with approval taking an average of 24 hours to confirm. LIONS GALLERY IS NOT responsible for packing, shipping or providing insurance for sold artwork. Successful bidders are responsible for making ALL shipping arrangements. SM Auctions will however suggest qualified shippers if necessary. ALL PROPERTY IS SOLD "AS IS" and "WHERE IS". The Consignor, LIONS GALLERY ("Auctioneer", or "Broker", or the "Company") MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO ANY PROPERTY OFFERED FOR SALE. THE AUCTIONEER MAKES NO WARRANTY OF TITLE, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY. In no event shall The Consignor, LIONS GALLERY ("Auctioneer", or "Broker", or the "Company") be responsible for the correctness, nor deemed to have made any representation or warranty of description, genuineness, attribution, provenance or condition of the property and no statement by anyone or in the catalogue, in any advertisement, or which is made at the sale, in the bill of sale or invoice, or elsewhere, shall be deemed such a warranty or representation or an assumption of liability. Internet Registration is permitted Thorough liveauctioneers.com. Registration. In order to participate in our auction you must first register with LIONS GALLERY. Registration requires the following: Full Name - Address - Telephone Number - and Credit Card # with Exp. Date - either Visa or Mastercard. This information may be provide Phone: 305 992 7701 or email: firstname.lastname@example.org For Internet Bidders: IF LIONS GALLERY HAS NOT RECEIVED PAYMENT FOR WINNING BIDS WITHIN 5 DAYS AFTER BIDDERS HAVE BEEN NOTIFIED OF THEIR PURCHASES, THE BIDDER AUTHORIZES LIONS GALLERY TO CHARGE THEIR PURCHASE(S) TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS. Lions Gallery have attempted to provide you with any major defects, on many of our lots listed in our catalogue with each lot. However, as with all previously owned or used items, we consider normal wear and scuffing to be part of the normal/expected wear for items of such age. So that which we consider to be minor or normal wear is not listed. Notwithstanding written condition reports all lots are sold "As Is" and "Where Is" in accordance with the conditions of business printed in our catalogues and posted within the registration format of live bidding. THERE SHALL BE NO RETURNS FOR ANY REASON. Estimates. Pre-sale estimates of the expected Gallery price of each lot are provided for the convenience of prospective bidders. In most cases, they do not represent reserves. Bidders are encouraged to bid what they feel an item is worth.
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