Weekly Auctions of Exceptional Items
San Marcos, CA, United States
DoneSun, Jun 19, 2005 2:00 PM GMT
Spring Fine Art Sale II
Works from estates, collections, dealer liquidations,and many other sources. Especially interesting pastel drawings by Matta, Collection of Prints by Clair Leighton, rare group of Matisse etchings, many old master prints, modern and comtempory works.
Auction & Auctioneer Information
San Marcos, CA, USA
Previews by internet catalog only.
Terms & Conditions
Important:Starting bids may not meet the reserve requirement as discussed below in "Estimates and Reserves" section. Please note that this is a "live auction" and the closing time shown on the regular ebay listings is 12 hours after the start of the auction, long after the work is sold. This deadline should be ignored. Bidding takes places in the order of the lots beginning at the starting time of the auction. See www.ebayliveauctions.com to link to the live auction and you will be able to follow the live auction and also to make actual bids in real time. Payment may be made by personal or business check (allow clearance delay of 1 week), banks checks or Visa, Discover and Master card. Credit card purchases may not exceed $5000 for each invoice. Additional charges above 5000 may be paid by bank instrument. No American Express or Paypal accepted for this sale. General Terms and Conditions An auction is a recognized legal contract between buyer and seller. The bidder, by his bid, extends a legally binding offer to buy the item offered. The auction, as seller, if the buyer's bid is acceptable, enters into a contract to sell. All normal provisions of contract law apply to enforce these arrangements. Please read the descriptions of each auction lot carefully as well as the Terms and Conditions detailed below before bidding. Check the large helpful photos at our main website for more information. Know what you are bidding on! 1. GUARANTEE OF AUTHENTICITY: This is not a "buyer beware" auction. All works are guaranteed authentic as follows: a. Author: Each work offered and sold is guaranteed to be that of the author identified in the BOLD TYPE introduction at the beginning of each lot number description. Authorship means creator of the artwork or originator of the art or concept portrayed and may refer to a period, culture or other source or origin. "Attributed" authorship means that in the best judgement of the auction house the work is by the artist named, but authorship is not known for certain. Thus attributed works are specifically exempted from the guarantee of authorship. "After" means that the work was created by another hand after another work by the author identified in the BOLD TYPE introduction and is covered by the guarantee. b.Signature: Each individually written signature is guaranteed to be the authentic hand written signature of the person whose name appears in the signature, i.e. not a counterfeit or forgery, unless specifically exempted, or qualified in the description. c.Descriptions: Other descriptive material is presented for information only and while prepared with the intention to be as complete and accurate as possible is explicitly not covered by the guarantee. Notification concerning a breach of warranty must be made within 30 days of auction and returned within 14 days of notification. In case of dispute, the auction may request collaborating statement of fact concerning the breach of guarantee from a knowledgeable art professional. Works returned must be in the same condition as sold and should be shipped with appropriate insurance. All communications should refer to the registration code number which is located at the end of each description in the auction catalogue. 2. REFERENCE: The term "reference" used in conjunction with lot descriptions refers to standard texts which list and describe and often illustrate the known works of an artist and usually define whether the works are original or reproductive. Unfortunately not all artists are so catalogued, and others incompletely so. In addition, such reference works do not list works which have been produced since the catalogue was written. 3. FRAMING AND CONDITION: Works sold are sold as is where is. Works before 1900 are in good condition for their age and any important damage is described. Such works should be carefully inspected before bidding. Most works can be inspected through the internet images at our main site in fairly minute detail. If you need further condition information contact us directly by e-mail, phone or fax. If the lot description does not mention condition, then the condition of the work is very fine. "Conservation Framed", when found in a lot description, means that the work is framed with accepted conservation standards including acid free mounts and removable hinges. Auction staff can advise on the framing technique for a particular work as well as any other condition reports requested, time permitting. Many works were photographed with transparent plastic corners which appear as grey triangles in intenet photos. These are not defects. You may assume what you see under the grey/transparent corners is the condition of the actual work. 4. ESTIMATES: Auction estimates refer to a fair auction price. All estimates, however, represent auction staff opinions. While many works will be sold under estimates, many also will be sold over the estimates. Bidders should keep in mind that through the internet bidding process, you will purchase at the lowest possible price dependent on the interest of other bidders (see section 6 below). 5. BIDDING AND RESERVES AND STARTING BIDS: Bidding will be in reasonable increments as befits the price of the work offered. The auctioneer reserves the right to reject any or all bids and is the final judge in case of dispute. Works may be offered subject to a reserve, the minimum price which a work may be sold for. A starting bid may not meet the reserve requirement and a starting bid should not be perceived as a winning bid if there is no other bidding since the starting bid may not have met the reserve requirement. In no case will the reserve be above the low auction estimate. Reserves are flexible and bidders should be advised that consigners may reduce reserves shortly before the auction or even while bidding is being conducted on a lot. Internet and other absentee bidders should adhere to the following bid increments-see bidding guide. (No work will be sold to a floor bidder between increments if there is an absentee bid or internet bidder bidding on that particular lot at one of the increment levels shown in the bidding guide). 6. INTERNET AND OTHER ABSENTEE BIDS: Bidding may be by EBAY live bidding systems. Bids may also be offered by internet bidding forms for each lot description on www.ebayliveauctions and our website or by fax or phone. Bids may also be entered at our website using the bid form at each lot description. Such bids will be executed just as if you were bidding in person. Your bid will be used as an upside limit with the auction bidding on your behalf until the other bidders quit bidding or your limit is reached, whichever comes first. In no case will you be charged more than your bid limit (plus the 20% buyer's premium). You will be notified promptly if your bid is successful. Telephone Bidding: You may bid live on the telephone by making a reservation. This option is subject to availability of personnel and open lines. Contact us if you wish to arrange telephone bidding. Results may be seen at www.rareart.com and www.ebayliveauctions. Results are posted in most cases as soon as the lot is sold. Such results are subject to audit by auction staff before final. 7. PAYMENT: Payment is expected after notification of a successful bid, usually through an email from the auction. Successful bidders may retrieve their bills online at our website, with bidder id. Ebay bidders will receive an email advising them of their assigned bidder id as the result of a successful bid and may use the same link to retrieve their bill. Payment may be by check, cash, or credit cards(Visa, Discover or Master Charge up to a limit of $5000 per invoice). There is no credit card service fee. All works must be paid for before removal or delivery. Approval may be required before a large check or charge can be accepted as payment. All buyers will be charged Virginia sales tax unless proof of exemption is provided or work is shipped out-of-state. 8. SHIPPING: Shipping is the responsibility of the buyer. Shipping is not necessarily expensive unless there is damage. Creighton-Davis will help to arrange shipping, but individuals are free to use their own shippers. We recommend Craters and Freighters for large items and goods easily damaged. For estimates call 301-926-7166 . Smaller parcels may be shipped through the Mailbox etc./UPS system. We arrange shipping that will not result in damage, but this might be slightly more expensive than alternative services. If you use alternative shipping, we can't be responsible for any resulting damage. International Shipping is available, but please be aware that the minimum charge is usually about $200 for a small light package shipped by UPS/DHL or Fedex. Parcel Post shipments are cheaper but there is often no tracking service or effective insurance and such shipments are undertaken entirely at buyer's request and risk. Buyers will be charged a shipping and handling fee in addition to actual shipping charges to cover costs of labor and materials. BUYER'S PREMIUM: Please Note: All buyers will be charged a 20% buyer's premium which is added to the high bid recorded for each lot. 9. Works may be withdrawn from the original listings at any time and for any reason, and if not delivered to the buyer after payment, may be exempt from the contract terms of the auction. 10. Auction reserves the right to refuse bids or registrations from any individual or other interest for any reason. Overseas bidders not known to us will be asked to post a $200 deposit by credit card. The deposit is immediately refunded after the auction if you are unsuccessful with your bids. Otherwise the deposit is deducted from your invoice and is otherwise non-refundable. Creighton-Davis Gallery Box 1035 Mclean, VA 22101 U.S.A. 202-489-5300 800-489-0447 email@example.com
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