Spring Modern Art & Design Auction

IMPORTANCE OF TERMS Please take the time to read the following set of terms and conditions for the auction. By obtaining a Bidder Number, you acknowledge that you have read and agree to these terms and conditions. CONDUCT OF THE AUCTION AUCTIONEER Leland J. Little, NCAL#6139; NCFL#7452. The auctioneer always reserves the right to withdraw or bid on a lot for any reason he deems appropriate, including any lots that may or may not have a reserve, or if there is a lack of bidding interest. Bid approval and acceptance on any bidding platform is at the sole discretion of the auctioneer. CONDITION OF ITEMS BEING AUCTIONED Leland Little Auctions, Ltd. (?LLA?) has endeavored to accurately describe the items being auctioned, but all property offered for auction is strictly "as - is" "where - is" with all faults. All sales are final and no refunds are given. The sales records and recordings shall be conclusive. It is the bidder's responsibility to determine the exact condition/authenticity of each item. No statement in this catalogue or by representatives of LLA shall be considered as a warranty or assumption of liability. Written and oral descriptions given by LLA staff members are given as a courtesy to a client, are only an opinion, and should not be considered as a guarantee of age, composition, or authenticity. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear or imperfections. High resolution images are provided to assist a bidder in making an additional assessment of condition. By bidding, you signify that you have either closely examined the items, have chosen not to examine them, or have hired an independent agent to examine the item(s) for you. Condition reports are available via the online catalog or by contacting the LLA office. The online catalogue including full descriptions, condition reports, dimensions, and multiple images for each lot is available at www.lelandlittle.com. Without limiting the generality of the foregoing reservations regarding the condition of items being auctioned, the following additional reservations apply to specific categories of items being auctioned: Estimated weights and measurements: Weights in catalogue description have been estimated through measurement and are to be used as approximate guidelines and not relied on as exact. Jewelry: Unless otherwise stated, all stones have been measured and graded in their settings. Metal weight given for jewelry includes stones unless stated otherwise. Buyers should be reminded that many colored gemstones have historically been treated to enhance their appearance. Lab reports will be referenced in catalogue descriptions. Silver: Weights provided for flatware services do not include knives and other pieces with silverplate or stainless portions. Clocks and watches: No warranty that any clock or watch is in working order is given. Virtually all clocks and watches have been repaired in the course of their lifetime and may include parts not original to them. There is no guarantee to works or movement. Unless otherwise stated, weight includes works. Alcohol: Bidder is responsible for reviewing and complying with all laws relating to the purchase of alcohol in their registered state. BIDDER RESPONSIBILITIES Bidders may create an account at LelandLittle.com. After signing in to the LelandLittle.com account, bidders must complete all necessary steps presented (including agreeing to Terms of Sale) in order to proceed with bidding. All domestic U.S. bids must be secured with a MasterCard or Visa. International bidders must acknowledge wire transfer payment terms. Bidders are responsible for any and all activity, bids, and purchases involving their account. Once a bid has been placed, it cannot be lowered or deleted by the bidder. LLA and its consignors shall not be held liable for negligent bidding activity. Bidder agrees to keep its username and password confidential. BIDDING Absentee and real-time internet bidding is available at LelandLittle.com. When absentee bidding, a bidder may accept the current asking bid or enter a maximum bid value. Real-time internet bidding does not allow a maximum bid to be entered; only the current asking bid may be accepted. Once a lot has opened for real-time internet bidding, absentee bids can no longer be placed. Notifications that absentee bids have been outbid will not be received by absentee bidders within five lots of any lot opening for real-time internet bidding. The Online-Only Auction has a soft close; each lot will have a 20 second timer after it opens for real-time internet bidding. Any lot that receives a bid before the designated closing time will have its bidding time extended to 15 seconds after the last bid received. Any and all lots will close either at the designated closing time or at such point that it has not received an advanced bid within a 15 second time frame. LLA cannot be held liable for bids that are not sent or received by the server. Along with absentee and real-time bidding, telephone bidding is available at Leland Little.com for Signature Auctions. Phone bidding can be arranged at LelandLittle.com up to one (1) hour before the start of the Signature Auction. No additional phone bids can be accepted after this time, including additions when speaking with a staff person. Once a phone bid has been placed, contact numbers cannot be changed. International bidders are responsible for entering appropriate country code and phone number. Placing a telephone bid indicates the bidder is willing to open the bidding at one half the low estimate. LLA will endeavor to execute all bids in a fair, competitive and confidential manner. While every effort is made to execute and honor bids, LLA is not responsible for failure to execute a bid and is not liable for any losses incurred as a result of failure to execute a bid. If you are bidding real-time online at LelandLittle.com, please bid quickly as there may be a time delay in receiving the real-time bid. Whether bidding via absentee or real-time, a confirmation will be required to finalize your bid. All bids are time stamped. In case of identical bids, the first bid received will take precedence. Where appropriate, bids will be rounded down to the nearest amount consistent with the auctioneer?s bidding increments. It is the bidder?s responsibility to accurately record the lot number, bid amount, and telephone number on any bids submitted. LLA assumes no responsibility or liability in the event a bidder fails to do so. LLA BID LIMITS Bidders with less than one year of purchase history with LLA (?First-Year Participants?) will be limited to a maximum of $5,000 in cumulative bids. Bidders may contact the front office for assistance with increasing their bid limit prior to the auction. A wire transfer deposit will be required. Domestic, U.S. bidders must request a bid limit increase 24 hours in advance of the auction. International bidders must request a bid limit increase 72 hours in advance of the auction. Wire transfer deposits must be received the business day prior to the auction. LLA cannot be held liable for wire transfer deposits that are not received prior to the auction in order to satisfy the bid limit increase. BIDDING THROUGH THIRD-PARTY WEBSITE(S) Bidding is also available via third-party website(s). Please be advised that proper time is required to review and respond to registration inquiries received through third-party websites. Additional information may be required to proceed with registration approval, including a wire transfer deposit or auction references. Participants with limited purchase history will be subject to a bidding limit. Current bids on the internet will be executed on your behalf during the auction. Bids left on third-party websites are not presented to us or executed until a lot is offered real-time and the order in which they are received is not a factor. Each lot will open with the current high-bid received on the LelandLittle.com website and bidding will progress from that point. LLA cannot be held liable for bids submitted on a third-party website that are not sent, received, or executed by the administrator. If you are bidding real-time online through a third-party website, please bid quickly because there is a time delay in receiving live bids. BUYER?S PREMIUM Absentee bidding, telephone bidding, and real-time internet bidding is available at LelandLittle.com with a 20% buyer's premium above the hammer price. Should a bidder prefer, bidding is also available on a third-party platform (NOT LelandLittle.com) with a 25% buyer's premium above the hammer price. RESTRICTED MATERIALS An export or import license may be required for the export or import of your Purchased Lot to your designated destination. It is your sole responsibility to familiarize yourself with International, U.S. Federal and State laws or requirements regarding the necessary export, import, or other permit required. In addition, many countries prohibit or limit the import of property made of or incorporating plant or animal material, such as coral, crocodile, ivory, whalebone, Brazilian rosewood, rhinoceros? horn or tortoiseshell, irrespective of age, percentage or value. We make no representations or warranties as to whether any lot is or is not subject to export or import restrictions or any embargoes and will have no responsibility with regard to these matters. You represent, warrant and covenant that, before bidding on a lot, you have examined to your satisfaction whether a license is required to bring the lot to your designated destination or any other area of interest to you. It is solely your responsibility to comply with these laws and to obtain any necessary export, import and endangered species licenses or permits. PURCHASE, SALE, AND PAYMENT OWNERSHIP Item ownership is conveyed immediately following the fall of the Auctioneer's hammer. Items bid on or purchased through LLA cannot be re-offered via any market until full payment has been received and property has been removed from the gallery. While we try to handle and store items with great care, LLA will have no liability for any loss or damage to an item after the hammer has fallen. PAYMENT Invoices are sent to the registered email address of the bidder at the conclusion of the auction after sales records have been verified. Payment is due immediately upon receipt of invoice, and in all events winning bids must be paid no later than five (5) business days following the auction date. Payment may be made by cash, approved certified funds, wire transfer, approved check, PayPal, Visa or MasterCard with a domestic U.S. billing address, except as limited herein. First-Year Participants with invoices containing jewelry, silver, or coins must make payment by cash, approved certified funds, or wire transfer. Automobile invoices must be paid via wire transfer. Modern firearm invoices must be paid in person via Visa or MasterCard with a domestic U.S. billing address, cash, or approved check. If paying by approved check, LLA reserves the right to hold the item(s) until the check has cleared. Federal law requires we report payments above $10,000 made by cash or certain other cash equivalents, such as money orders. Credit card and PayPal payments are subject to a $5,000 limit. International (non-domestic United States) bidders will be required to pay by wire transfer. Wire transfer fees will be incurred by the buyer. At the auctioneer's discretion, certain lots will be required to be paid for by wire transfer. With the exception of: First-Year Participants with invoices containing jewelry, silver, or coins; automobile invoices; and invoices containing modern firearms; if a buyer fails to contact LLA within five (5) business days following the auction, the credit card used to secure the bid will be charged the amount of the invoice. LLA will contact buyers to pursue payment if necessary; however, payment resolution is the responsibility of the invoiced buyer. Non-payment issues will be reported to third-party bidding platforms and will result in suspension of the buyer?s bidding privileges. LLA reserves the right to recover the costs and fees necessary to secure payment from the buyer prior to providing the purchased items to the buyer. Should timely payment not be received in the manner requested or should the buyer be suspected of fraudulent registration, the buyer will be in breach of these terms and LLA reserves the right to pursue all legal remedies, including damages for LLA?s lost revenues or commissions. SALES TAX LLA collects and remits applicable sales tax on all items purchased by residents of North Carolina and certain other states, as and where required by law unless a buyer provides a valid certificate of exemption from sales tax. Buyers will pay North Carolina sales tax for all purchases picked up at the Gallery or received in North Carolina. For purchases shipped outside North Carolina using a certified transportation vendor, buyers will pay any sales tax LLA is required to collect for another state unless that buyer provides a valid certificate of exemption. Please note that LLA may be required to identify to state tax authorities any buyer for whom it does not collect sales tax, and further that such a buyer may be liable to pay applicable use tax. RIGHT TO RESCIND If the total invoice price of any item is not received by LLA within thirty (30) days after the sale, LLA may elect to rescind the sale of such item. If LLA, in its sole discretion, suspects the buyer of fraudulent registration or believes the buyer is in breach of these terms, LLA may rescind the sale of any item. LLA also shall have the right to withdraw any item from sale or to rescind the sale of any item if LLA, in LLA?s sole discretion, determines that the offering of the item for sale or the sale of the item has subjected or may subject LLA or any of its consignors to any liability. POST-AUCTION STORAGE, LOADING, AND SHIPPING STORAGE The removal of property is requested as soon as possible after the auction date. Items remaining at LLA thirty (30) calendar days after the auction date shall be subject to a $10.00 per lot per day storage fee, which shall be charged to the buyer at the time of pickup. For any property remaining at LLA thirty (30) calendar days after the auction, Buyer will be deemed to have hereby granted to LLA a security interest in such property and agreed that LLA may retain such property as collateral security for Buyer?s obligations to LLA. In addition to any other rights or remedies LLA has by law, LLA may (i) exercise all rights and remedies of a person holding security over Buyer?s property; (ii) sell the property in any way LLA believes, in its sole discretion, to be reasonably appropriate and pay Buyer the balance of the price realized after deduction of all amounts due to LLA; and (iii) take any other action LLA deems necessary or appropriate. NOTE: Any property remaining at LLA ninety (90) calendar days after the auction will be deemed to have been abandoned and may be sold or disposed of by LLA, at its sole discretion, without liability to Buyer. LOADING Loading purchased items is the responsibility of the buyer. LLA will, as a courtesy, assist with the loading following the sale, but this is done at the risk and responsibility of the buyer. Buyers who wish to arrange their own labor may contact the front office to schedule a time during normal business hours. LLA will have no liability for any damage while providing loading assistance. Buyers are welcome to hire a professional shipping or moving company to assist with loading, packing, or shipping. SHIPPING & PICK UP Winning bidders can either request in-house assistance or arrange shipping or pick up themselves after the winning bid invoice has been paid. Shipping In-House: Our in-house Shipping Department works in partnership with Packaging Express to fulfill shipments of most of the items we sell. When shipping through our in-house service, you authorize LLA to act as your agent, to sign any such documents required, and agree to fully indemnify LLA for any claims made by Packaging Express. Each item shipped in-house is carefully packed with the appropriate materials, following carrier guidelines, to provide safety in transit. There is a minimum shipping and handling charge of $25. In an effort to provide complete confidence and satisfaction in your delivery, all in-house shipments will include insurance for the full invoice value with a signature required for delivery. Any additional insurance desired is the responsibility of the buyer. Carriers will include UPS and FedEx. Please be advised that LLA does not automatically ship items. If shipping arrangements cannot be completed online, please contact the front office for assistance. We respond to each request for shipping quotes in the order in which it was received. Shipping quotes are valid for 15 days. We cannot combine invoices for shipment; the quotes are prepared on a per invoice basis. For all shipments, any and all additional charges are the sole responsibility of the buyer, and by requesting shipping arrangements you are giving LLA permission to charge your provided Visa or Mastercard for said charges. All packing, handling, shipping, and delivery services are performed at the sole risk of the buyer. LLA assumes no legal or financial responsibility and is free from all liability associated with assisting with your shipping request. Coordinating your own Shipping or Pick Up: When arranging shipping or pick up through another vendor or third-party of your choice, we require that you complete our Authorized Release Form, which is available online. This form authorizes us to release your purchased items to the requested party. We will not release your lot(s) to any shipping vendor or third-party until we have received this form and payment has been made in full. All packing, handling, shipping, and delivery services are performed at the sole risk of the buyer. LLA assumes no legal or financial responsibility and is free from all liability associated with fulfilling your release request. Please note that shipment or pick up is the sole responsibility of the buyer. If you reside in a state or country that has import restrictions or regulations, it is your responsibility to obtain appropriate licenses to ship your purchased items. SHIPPING & PICK UP OF WINE AND SPIRITUOUS LIQUORS LLA does not ship spirituous liquor. The buyer must arrange for any spirituous liquor to be shipped or picked up. For wine purchases, the buyer can either request in-house assistance with shipping, arrange shipping themselves, or pick up themselves. LLA requires two business days? notice to schedule pick up of wine and/or spirituous liquor. Upon mutual written agreement of LLA and the buyer, wine may be stored short-term free of charge in climate-controlled conditions for later shipment during cooler temperatures. To request shipping of wine, the buyer must complete and return to LLA the Wine Release Form included in the buyer?s invoice notification. LLA?s Wine Department assists with the third-party shipping of wine purchases. The third-party shippers follow all carrier guidelines and applicable state laws. All packages are shipped with their declared value and full insurance, per the carrier?s terms and conditions. All wine invoice shipments will have a declared value and insurance is not to exceed $10,000 per box or $50,000 per shipment, per the carrier?s terms and conditions. If the buyer resides in a state that has import restrictions or regulations, it is the buyer?s responsibility to obtain appropriate licenses, if available, to ship the wine. If shipping wine, the buyer warrants that he or she is at least 21 years of age. The buyer shall be responsible for the shipment of wines to be received and signed for by an adult at least 21 years of age. ADDITIONAL TERMS DISPUTES Any and all disputes resulting or arising in connection with this sale shall be heard in the General Court of Justice of Orange County, North Carolina, as the sole and exclusive venue. In any such action, the prevailing party shall be entitled to an award of its costs and expenses, including reasonable attorneys? fees, incurred in connection with such action. LEGAL INTERPRETATIONS This document will be interpreted under the laws of the State of North Carolina and the United States Code. BIDDING INCREMENTS (Lower Level - Upper Level: Bid Increment) $0 - $500 : $25 $500 - $1,000 : $50 $1,000 - $5,000 : $100 $5,000 - $10,000 : $250 $10,000 - $20,000 : $500 $20,000 and up : $1,000