San Francisco, CA, United States
DoneJun 12, 2010 5:00 PM UTC
European Mantels, Fine Art, Rugs, Orientalia
Inventory from a prominent and renowned mantels dealer featuring an outstanding assortment of exceptional French and English fireplaces, andirons, chenets, and firebacks; collection of Chinese jades, ivories, and ceramics; many fine, rare Persian rugs and tapestries; large collection of pastels by Raymond Nott and two monumental paintings by John Koch; rare singing bird box with Faberge hallmarks; additional fine art by George Gardner Symons, Elizabeth Nourse, Alson Skinner Clark, Otis Oldfield, William Trost Richards, John Christopher Smith, Frederick Schafer, Walter Ufer, John-Franklin Koenig, and others; select pieces of fine furniture, including a fine French Boulle cabinet, Russian bureau plat, and inlaid marble center table, as well as many interesting local estate items and collector's pieces.
Auction & Auctioneer Information
Unless otherwise noted, collection will be available for preview, by appointment only, from June 7 through June 11.
- 21% up to $200,000.00
- 14.5% above $200,000.00
Terms & Conditions
The Terms & Conditions of Sale set forth below govern the relationship between bidders and buyers and between Golden Gate Auction Gallery and its consignors (sellers). All prospective buyers should read these Terms & Conditions of Sale before bidding. ALL PROPERTY WILL BE OFFERED AND SOLD BY GOLDEN GATE AUCTION GALLERY AS AGENT FOR THE CONSIGNOR AND ALL LOTS ARE SOLD "AS IS," SUBJECT TO THE FOLLOWING TERMS & CONDITIONS OF SALE: 1.REGISTRATION All bidders must register their name, email address, permanent street address (no P.O. Boxes), and telephone number prior to the auction. Unless known to Golden Gate Auction Gallery, all registrants may be required to present two forms of identification, at least one of which must include a current photograph. Bidders may be required to present a valid Visa or MasterCard. 2.GOLDEN GATE AUCTION GALLERY AS AGENT Golden Gate Auction Gallery acts as an agent for the seller, unless otherwise indicated in this catalogue or at the time of auction. On certain occasions, Golden Gate Auction Gallery or its principals may own a lot, in which case we will act in a principal capacity as a consignor, or may have a legal, beneficial or financial interest in a lot as a secured creditor or otherwise. 3.ACCEPTANCE OF TERMS Bidding on any item (lot) in any sale conducted by Golden Gate Auction Gallery indicates your acceptance of these Terms & Conditions of Sale and all other terms announced at the time of the sale whether bidding in person, through a representative or agent, by phone, by Internet, or by absentee bid. Any right of bidder under this agreement shall not be assignable and shall only be enforceable by the original buyer. The rights and obligations of the parties shall be governed by the laws of the state of California. All bidders submit to the personal jurisdiction of the state and federal courts in California (see Paragraph 26). By placing a bid on any item (lot) in a sale conducted by Golden Gate Auction Gallery, either in person, by phone, absentee bid or via the Internet, buyer/bidder signifies that he or she has examined the item as fully as he or she desires or deems necessary or prudent or that he or she has chosen, for whatever reason, not to examine it. Bidders who bid from offsite or via the Internet, acknowledge that they may not be able to inspect an item as well as if they had examined it in person prior to the auction. If a buyer/bidder requires absolute certainty in all areas of authenticity, and the results of his or her evaluation leave any uncertainty in his or her mind whatsoever, we strongly recommend that the prospective buyer/bidder have an expert examine the lot on his/her behalf or, if that is not possible, DO NOT BID ON THE ITEM(S) IN QUESTION. 4.ALL PROPERTY SOLD "AS IS" All items (lots) are sold "as is and where is." Golden Gate Auction Gallery, its agents, affiliates, employees, and the consignor (seller) do not warranty any lot to be merchantable or to be suited for any purpose and they do not assume 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 the auctioneer and buyer. All sales are final except as noted in Paragraphs 15. 5.CATALOGUE DESCRIPTIONS, CONDITION REPORTS, & AUCTION ADDENDUM'S Condition Reports for any given lot, if available, may be found on Live Auctioneers. Condition Reports are provided as a courtesy and are based solely on opinion and observation and are not a guarantee of an item's quality. As well, they reflect expectations subject to the given age of the given lot. Condition Reports carry no guarantee, implied or otherwise, of their correctness. Existence of a Condition Report for a given lot does not presume that all aspects of a particular lot have been analyzed. While every reasonable effort is made to respond to all requests for condition, due to the volume of such requests, Golden Gate Auction Gallery cannot guarantee that all requests will receive a response. Should a prospective bidder have any questions concerning the condition of a particular lot prior to the auction, and should those questions remain unanswered prior to bidding, Golden Gate Auction Gallery strongly recommends that a bidder NOT bid on the item or items in question. Every reasonable effort is made to ensure the correctness of all catalogue descriptions, however, the knowledge of Golden Gate Auction Gallery in relation to each lot is often partially dependent on information provided to us by the seller, and Golden Gate Auction Gallery is not able to and does not carry out exhaustive due diligence on each and every lot. Prospective bidders/buyers acknowledge this fact and accept responsibility for carrying out inspections to satisfy themselves as to the lots they are interested in purchasing. From time to time, catalogue changes and/or addendums will be issued prior to an auction. Golden Gate Auction Gallery makes every effort to upload these changes to our online catalogue, however prospective bidders are encouraged to ask about any such changes prior to bidding. 6.JEWELRY PURCHASES All jewelry weights and measurements are approximate. ITEMS CONTAINING SEMI-PRECIOUS AND/OR PRECIOUS STONES, AND ALL AUCTION LOTS CONSISTING OF LOOSE OR UNMOUNTED SEMI-PRECIOUS OR PRECIOUS STONES, ARE NOT RETURNABLE ONCE THEY HAVE BEEN REMOVED FROM THE AUCTION GALLERY. No exceptions will be made to this provision and all bidders and prospective buyers are strongly urged to personally inspect all jewelry items prior to the auction. 7.DISCLAIMERS & EXCLUSIONS Golden Gate Auction Gallery does not guarantee clocks, watches, mechanical banks, scientific instruments, electric lamps, music boxes, automated musical instruments, automatons, and other mechanical or electrical items or devices to be in working condition. Golden Gate Auction Gallery disclaims all warranties of authenticity of authorship for all lots consisting of works of fine art by or attributed to artists, authors, or persons living before 1870 and, when no artist, author, or person is so identified, works attributed to a period which includes any date prior to 1870 and all warranties relating to the identification of the periods or dates of execution of property which may be proven inaccurate. Golden Gate Auction Gallery does not guarantee the names or patterns of any rugs, Oriental or otherwise. All dimensions given in the catalogue are approximate and are not guaranteed. All weights, grades, and sizes listed are approximate and are not guaranteed. 8.CONDUCT OF THE AUCTION Unless otherwise indicated by the symbol * each lot is offered subject to a reserve, which is the confidential minimum selling price agreed upon by Golden Gate Auction Gallery and the seller. The reserve is usually set below the estimated range and in no case will it exceed the estimates listed. The auctioneer has discretion at any time to refuse any bid, withdraw any lot, re-offer a lot for sale (including after the fall of the hammer) if he or she believes there may be an error or dispute and take such other action as he or she deems reasonably appropriate. The auctioneer will commence and advance the bidding at levels and in increments he or she considers appropriate (see also BIDDING INCREMENTS). In order to protect the reserve on any lot, the auctioneer may place one or more bids on behalf of the seller up to the reserve without indicating he or she is doing so, either by placing consecutive bids or bids in response to other bidders. The sale will be conducted in US dollars and payment is due in US dollars. Subject to the auctioneer's reasonable discretion, the highest bidder accepted by the auctioneer will be the buyer and the striking of the hammer marks the acceptance of the highest bid and the conclusion of a contract for sale between the seller and buyer. Risk and responsibility for the lot passes to the buyer as set forth in Section 20 below. If a lot is not sold, the auctioneer will announce that it has been "passed", "withdrawn", "returned to owner", "bought-in", or went "unsold". Any post-auction sale of lots offered at auction shall incorporate these Terms & Conditions of Sale as if sold in the auction. 9.BUYER'S PREMIUM Buyer's Premium for all auctions, unless otherwise noted: Golden Gate Auction Gallery will collect and retain from the Buyer, as additional commission, a premium equal to 18% of the Sale Price of each lot up to and including $200,000, plus 12% of the amount by which the Sale Price exceeds $200,000. The Buyer's Premium on property purchased on Live Auctioneers (via the Internet) will be in the amount equal to 21% of the final bid price up to and including $200,000, plus 14.5% of the final bid over $200,000. 10. BIDDING INCREMENTS The auctioneer reserves the right to reject any bid for any reason. The following increments are used at the auction. If you leave an absentee bid, please make certain that your bid or bids fall within these increments. PLEASE NOTE: We will automatically reduce your bid to the closest increment if your bid falls outside the published range of increments. For Bids Falling Between Bidding Increment $0-500 $25 $501-1000 $50 $1001-3000 $100 $3001-5000 $250 $5001-10000 $500 11.PAYMENT FOR PURCHASES Please remember that in addition to the cost of an item, bidders/buyers will have to pay a Buyer's Premium (see Paragraph 9), shipping charges, and if living in California, 9.50% sales tax (see Paragraph 12.) Golden Gate Auction Gallery will email successful buyers/bidders an invoice upon completion of the auction. Payment details and corresponding contact information will be provided at that time. Golden Gate Auction Gallery accepts the following forms of payment: cash (not to exceed $10,000 for any single transaction), personal or traveler's check, bank or cashier's check, money orders, bank wire transfers, Visa or Mastercard. Mastercard and Visa accepted for purchases $25 and over, but not for vehicles. Payments by Visa or Mastercard are limited to a maximum of $5000 per auction with balances over that amount to be paid in cash or certified funds. Golden Gate Auction Gallery reserves the right to hold property until checks clear (including cashier's checks). When paying by check, checks must be drawn on a U.S. bank, dated, and bankable on the day of purchase. Checks will not be held for any period of time unless prior arrangements have been made in writing between Golden Gate Auction Gallery and the purchaser (bidder/buyer). Internet purchases are not available for pickup until the first weekday following the sale. 12.RISK OF LOSS In the event that Golden Gate Auction Gallery cannot deliver an item to a buyer due to loss from fire, theft, or any other reason, the Gallery shall only be liable for the return of any deposits or payments made by the purchaser. 13.SALES TAX Sales tax, use tax and excise and other taxes are payable in accordance with applicable law. All prices, fees, charges and expenses set out in these Terms & Conditions of Sale are quoted exclusive of applicable taxes. Golden Gate Auction Gallery will only accept valid resale certificates from US dealers as proof of exemption from sales tax. California residents will be charged 9.50% sales tax unless otherwise exempt. 14. ESTIMATES AND RESERVES A range of estimates may be given on lots with a low and high estimate. Estimates should not be relied upon as a prediction of the actual selling price of any lot but are merely an opinion rendered by Golden Gate Auction Gallery as to the possible value range within which an item (lot) might be expected to sell. The actual selling price of a lot may be higher or lower than the estimates. 15. AUTHORSHIP WARRANTY & RIGHT OF RESCISSION Notwithstanding the preceding conditions, if within 14 days of the date of sale of any lot (excluding those designated with any qualifying phrase, such as "Attributed to", "After", "School of", "Manner of", "Studio of", "Circle of", or "Bears Signature", the original purchaser (a) notifies us in writing that the identification of authorship (as defined in our Glossary of Terms for Pictures, Drawings, Prints, Miniatures, and Sculptures) of such lot is not substantially correct based on a fair reading of the catalogue (including the terms of glossary contained therein), and (b) within 10 days after such notice returns the lot(s) to us in the exact 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 will be refunded. Nothing in this paragraph shall be construed as an admission by us of any representation of fact, expressed or implied, obligation or responsibility with respect to any lot. Consignors agree to refund Golden Gate Auction Gallery any and all payments made to consignors for any property returned to Golden Gate Auction Gallery under the terms of its rescission-of-sale policy. 16. GLOSSARY OF TERMS FOR PICTURES, DRAWINGS, PRINTS, MINIATURES, AND SCULPTURES [Artist's Name in Bold Face Type] -- Bold faced statements in the catalogue which identify a lot specifically as the work of the named artist or author shall mean that the work is by the named artist or author (i.e., if the name of the artist is printed in bold face type without a question mark and without any other qualifying phrase such as 'attributed to", "after", "in the manner of", etc.). Attributed To -- In our qualified opinion, the work is believed to be of the period of the named artist and may be the work, in whole or in part, of the artist, but not definitely so. Circle of -- In our qualified opinion, the work is believed to be of the period of the named artist and is thought to be closely associated with the artist or from his studio. School of -- In our qualified opinion, the work is believed to be by a pupil or follower of the artist, in his or her style. Manner of -- In our qualified opinion, a work in the style of the artist, possibly of a later period. After -- In our qualified opinion, a copy of a work by the artist. Signed -- The work has a signature which, in our qualified opinion, is the signature of the artist. Bears signature -- The work has a signature which, in our qualified opinion, might be the signature of the artist, but not definitely so. 17. INSPECTION OF PROPERTY If a bidder is unable to examine an item in person, they are responsible for obtaining a Condition Report for any item(s) they are interested in bidding on and an Auction Addendum, if any has been issued, prior to bidding. 18. ABSENTEE, TELEPHONE & INTERNET BIDDING Absentee bids are accepted via mail, fax, or email by completing and submitting an absentee bidder form. However you choose to submit your bid, tell us the maximum amount you are willing to pay. A member of our staff will execute your bid for you when that lot comes up for sale. If the bidding is competitive, we will keep you in the running until your maximum bid amount is reached. If you are the successful bidder for an item that does not reach your maximum bid, we will not charge you the full amount. We will try to purchase your lot on your behalf at the cheapest price possible. We do not open bidding with your top bid, rather we will bid up to the amount you have left only if necessary. Absentee bidders unknown to us may be required to submit a bank letter of credit prior to the auction, or, using a credit card, deposit with Golden Gate Auction Gallery a fee equaling 25% of their absentee bid. Bidders can arrange in advance to phone bid and to have one of our staff members call you when a particular lot comes up for sale. You should plan to be at the number you give us during the day of the sale and we will make every effort to reach you at that number. When we reach you, a member of our staff will relay the asking price as the bidding proceeds, and you can tell us whether or not you want to continue bidding. If you are the winning bidder, you will be informed at the time the hammer price is determined. Bidding via the telephone is available on a first come, first served basis for those lots with a low estimate of $500 or greater. If you reserve a telephone line on the absentee bid form, please indicate that you wish to bid via this option by checking "I WISH TO BID BY TELEPHONE" and we will contact you to arrange this option prior to the auction. You must arrange telephone bidding no later than the day before the auction. Absentee and telephone bidding is offered as a service to our customers. Prospective bidders shall not hold the auctioneer or any of our staff responsible for any errors or failures in executing bids. Live Internet bidding is available on Live Auctioneers (www.LiveAuctioneers.com) and is convenient, seamless, and easy to use. CREDIT APPROVAL FOR INTERNET BIDDERS: Internet bidders are required to provide valid name, address, telephone number, and email address as well as U.S. bank references or credit card (with corresponding expiration date and CVV/CVC number) to Live Auctioneers in order to be approved for bidding. Potential bidders not meeting these criteria will be approved on a case-by-case basis and only after contacting Golden Gate Auction Gallery regarding the status of their pending application. 19. SHIPMENT OF PURCHASED LOTS, SHIPPING CHARGES & QUOTES Golden Gate Auction Gallery is not responsible for the shipment of items. All shipping and related costs are the responsibility of the purchaser. Successful bidders who require an item or items to be shipped may request a list of local shipping and moving companies. Golden Gate Auction Gallery has no affiliation with any of these companies and does not endorse or recommend any of them. Bidders hire at their own risk. Prospective bidders are encouraged to contact their shippers for packing and transport quotes prior to bidding, and should be aware that these costs may include fees for pick-up, materials, packing, insurance and transport. 20. BUYER'S RESPONSIBILITY On the fall of the auctioneer's hammer, title to the offered lot will pass from Consignor (seller) to the purchaser, subject to all the conditions set forth herein, and purchaser thereupon a) assumes full risk and responsibility therefore, b) will sign a confirmation of purchase thereof, and c) will thereupon pay the full purchase price therefore or such part as we may require. "Purchase Price" shall include the hammer price plus buyer's premium and any and all applicable sales, use, excise, or other taxes. Unless otherwise agreed, a buyer is required to pay for a purchased lot immediately following receipt of an auction invoice from Golden Gate Auction Gallery. 21. FAILURE TO COLLECT AUCTION PURCHASES Buyers must arrange for collection of a purchased lot within five days of the date of the auction. Purchased lots are at the buyer's risk, including the responsibility for insurance, from the earlier to occur of 1) the date of collection or 2) five days after the auction. A storage fee will be charged if merchandise is left longer than two weeks of $10.00 per lot per day. If purchased property is left longer than 30 days it will be considered abandoned. If a purchased lot is paid for but not collected within 30 days of the auction (i.e., it has been deemed abandoned), the buyer authorizes Golden Gate Auction Gallery, upon notice, to arrange a resale of the item by auction or private sale, with estimates and a reserve set at Golden Gate Auction Gallery's reasonable discretion. 22. NON-PAYMENT OF PURCHASES If any applicable conditions herein are not met or complied with by the purchaser in addition to other remedies available to us and the consignor (seller) by law, including without limitation the right to a) hold the purchaser liable for the total purchase price, we at our option may either cancel the sale, retaining as liquidated damages all payments made by the purchaser or b) resell the property at public auction, and the purchaser shall be liable for any deficiency, costs, including handling charges, the expenses of both sales, or commission on both sales at option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or, in the case of bank or cashier's checks, we have confirmed their authenticity. As between Golden Gate Auction Gallery and the consignor (seller), if the successful bidder does not pay for the property, collection procedures shall be the responsibility of the consignor and not Golden Gate Auction Gallery. 23. EXPORT, IMPORT AND ENDANGERED SPECIES LICENSES AND PERMITS Prospective buyers/bidders are advised that certain licenses and/or permits may be required in order to export an item from the United States or to import it to another country. Prospective buyers should make their own inquiries about such licenses and permits prior to bidding and are further advised that they should familiarize themselves with relevant export and import regulations of the countries where they may be shipping to or from. It is solely the buyer's responsibility to comply with these laws and to obtain any necessary export, import and endangered species licenses or permits. Failure to obtain a license or permit will not justify the cancellation of a sale. 24. LIMITATION OF LIABILITY In no event will the liability of Golden Gate Auction Gallery to any purchaser with respect to any item (or auction lot) exceed the purchase price actually paid by such purchaser for such item. Golden Gate Auction Gallery and the seller shall not be liable to the buyer for any loss or damage beyond the refund of the Purchase Price referred to above, whether such loss or damage is characterized as direct, indirect, special, incidental or consequential, or for the payment of interest on the Purchase Price to the fullest extent permitted by law. Golden Gate Auction Gallery will not refund any shipping and/or handling fees paid to a third party by the purchaser. All warranties other than the Authorship Warranty (see Paragraph 13), express or implied, including any warranty of satisfactory quality and fitness for purpose, are specifically excluded by Golden Gate Auction Gallery and the seller to the fullest extent permitted by law. 25. COPYRIGHT Regarding fine art reproduction rights and copyrights held by artists and/or their estates, trusts, etc., Golden Gate Auction Gallery and the seller make no representations or warranties that the buyer of a lot will acquire any copyright or any other reproduction rights for it. 26. LAW & JURISDICTION These Terms & Conditions of Sale shall be governed by the laws of the State of California (excluding the laws applicable to conflicts or choice of law). The buyer/bidder agrees that any suit for the enforcement of this agreement may be brought, and any action against Golden Gate Auction Gallery in connection with the transactions contemplated by this agreement shall be brought, in the courts of the State of California or any federal court sitting therein. The bidder/buyer consents to the nonexclusive jurisdiction of such courts and waives objections that it may now or hereafter have to the venue of any such suit.
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