Heart of Winter Fine Art & Antique Auction

The conditions set forth below constitute the terms and conditions on which all property is offered for sale. Bidding at auction, whether present, by absentee bid or LiveAuctioneers, the buyer agrees to be bound by these terms. Your bid is a contract. Bidders are required to register with proper identification prior to the sale and must use the number issued to them when they are the successful bidder. All items are sold to the highest bidder as acknowledged by the auctioneer. The auctioneer has the right to reject any bid; to advance the bidding at his discretion; and, in the event of a dispute between two bidders, determine the successful bidder or to re-offer and resell the lot in dispute. Should there be any dispute after sale, the record of final sale shall be conclusive. All sales are final. Absentee bids will be executed as a convenience to the customer; however, the auction house will not be responsible for any errors or failure to execute bids. (Absentee bids and telephone bids are subject to an in-house buyer's premium of 15%) Prospective absentee bidders should consult the bid increment scale to ensure their bids conform to our printed bidding increments. A minimum bid of $15.00 required on each absentee bid. In the event a left bid is higher than competing bids in the auction hall, the left bid will win the item at the next bidding increment, not necessarily the full amount of the bid. All auction sales and telephone bidding are recorded. The auctioneer reserves the right to withdraw any lot before or at the sale. Some items offered may be 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. An 18% buyer's premium will be added to the hammer price of each lot sold through Live Auctioneers in our sales. Buyer's premium discounted in house. Buyers are required to pay sales tax on the total sales price, including the buyer's premium. All purchases are subject to the New York State Sales Tax of 8.125% unless the purchaser possesses a Tax Exemption Number or an out of state tax number. Request NYS form ST-120 must be completed and kept on file. The purchaser is legally responsible for payment. Payment must be made on day of purchase unless prior arrangements have been made with the auction house. Payments accepted are cash (In House Only), Cashier's check, Traveler's check, Bank Wire Transfers ($30.00 Bank Service Charge). Payments by MasterCard, Visa, Discover Card, is limited to a maximum of $5000 per auction with balances over that amount ($5000) to be paid in cash or certified funds. (NO EXCEPTIONS) The auction house reserves the right to hold property until checks clear. When paying by check, checks must be dated and bankable on day of purchase. CHECKS WILL NOT BE HELD FOR ANY PERIOD OF TIME. First time buyers must pay by cash (In House Only), guaranteed funds or credit card. Payment must be made within five (5) days of the sale date. A service charge of 1.5% will be added each month to unpaid balances beginning thirty (30) days after the sale date. Failure to complete payment within the time allocated may result in legal proceedings and most definitely will result in no-issuance of a bidding number in the future. A $50 fee will be added for returned checks. If a check fails to clear after the second deposit, the purchaser will be held responsible for any and all fees incurred during the collection process, i.e., legal and bank fees. Detailed condition reports are not included in this catalogue. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. It is the responsibility of prospective bidders to examine lots in person, through an agent or by contacting the gallery to determine their level of interest. Requests for condition reports with additional photographs can be made by emailing us at Rivervalleyauctionco@hvc.rr.com. Contact the auction hall for verbal reports at 845-672-3775. Any condition report given, as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. All counts, weights and measurements are approximate. Any mechanical devices are assumed not in working order unless otherwise stated. The Auction House shall bear no responsibility for any error or omission. All property must be removed from our premises by the purchaser at their expense no later than fourteen (14) business days following its sale and, if it not removed, River Valley Auction Co. reserves the right to charge a minimum storage fee of $10.00 per lot per day. River Valley Auction shall not be liable for any damage to property left on its premises for more than five days following the sale. PLEASE send all shipping requests to Rivervalleyauctionco@hvc.rr.com or call our auction hall at 845-672-3775. In-house shipping is done as a courtesy to buyers on items that are small and do not exceed 24" in any direction. **OUR IN-HOUSE SHIPPER MAINTAINS THE RIGHT TO DENY SERVICES ON ANY LOT** If there is any question please contact the gallery before placing a bid. SHIPPING Packaging and handling of purchased lots is at the risk and expense to the purchaser. STANDARD SHIPPING POLICY IS THAT PURCHASES MUST BE PAID FOR BEFORE ANY PACKING/SHIPPING WILL BE DONE, CUSTOMERS WILL BE REQUIRED TO MAKE TWO SEPARATE PAYMENTS. As a service to the purchaser, River Valley Auction Co. will arrange in-house packing, shipping and insurance, on items that do not exceed 24" in any direction. WE DO NOT SHIP FURNITURE. ALL ITEMS PACKED AND SHIPPED THOUGH THE GALLERY'S IN-HOUSE SHIPPING AGENT IS REQUIRED TO PURCHASE INSURANCE; OUR IN-HOUSE SHIPPER USES USPS PRIORITY OR UPS GROUND INSURED EXCLUSIVELY. All expenses incurred must be paid for by the purchaser. Please be aware that framed works of art are costly to pack/ship. (It is not uncommon for the price of packing/shipping to exceed the purchase price.) Returns will NOT be accepted as a result of packing/shipping costs. We will not be held responsible for choosing a shipper in the event of any act and/or omissions in packing. We do not assume responsibility for damages. Regardless of shipping method, auction house must have received cleared funds to release property. Shipping may take up to two weeks after payment is received. The minimum packaging and handling charge is $15.00, we charge time and materials plus the actual cost of shipping and insurance. We generally ship via UPS ground fully insured. We handle and package items in the order of payment receipt, we will contact you via phone or email after your item has been prepared for shipment and all costs calculated. Please keep in mind that sometimes the cost of packaging and shipping may exceed the actual cost of the item, we do our best to be fair. Successful bidders are responsible for the collection/shipment of their purchase and must be removed from the gallery no later than fourteen (14) days after the close of the auction. Failure to do so will incur a storage fee of $10.00 per day per item, NO EXCEPTIONS. IF PAID PROPERTY IS NOT REMOVED WITHIN THIRTY (30) DAYS AFTER THE CLOSE OF THE AUCTION, UPON RECEIPT OF WRITTEN CONFIRMATION OF SELLER TO PURCHASER, THE OWNERSHIP OF THE ITEM SHALL REVERT TO THE GALLERY. ***SHIPPING CHARGES ARE NON-REFUNDABLE*** For items not handled by us, we recommend that the buyer contact one of the following shipping agents: Craters & Freighters, 800-736-3335, cfinfo@cratersandfreighters.com, for international shipping; Antique Transport Co., 215-844-8755 or 888-434-3922 for Nationwide shipping; UPS Store Middletown #3406, Jason Greer, Phone: 845-703-1749, FAX 845-703-1709, store3406@theupsstore.com; All shipping arrangements and payments for shipping and any other related fees must be made directly with the shipper. Buyer must provide gallery with authorization for release of the property that states your name, sale date, lot number and choice of carrier. (Email information to Rivervalleyauctionco@hvc.rr.com) GALLERY WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO PROPERTY LEFT FOR MORE THAN 14 DAYS AFTER SALE. The seller shall assume NO RESPONSIBILITY for damage or loss by the shipper, i.e. UPS, USPS, FEDEX, DHL, etcetera. If a loss or damage should occur during shipment, it is incumbent upon the buyer to file for recovery of any losses incurred. Under no circumstances can the claim exceed the hammer price (not including the buyer's premium). PLEASE NOTE: Shippers refuse to acknowledge the buyer's premium as a requisite part of the sale amount. Returns are generally not accepted, as stated "all sales final". Under special circumstances returns may be accepted, if it is determined the auctioneers have erred in their catalogue description within fourteen (14) days of point of sale. (UNDER NO CIRCUMSTANCE WILL THIS TIME PERIOD BE EXTENDED UNLESS ARRANGEMENTS HAVE BEEN MADE WITHIN THE TWO (2) WEEK PERIOD.) The decision is that of the gallery and final, unless special arrangements have been made for an extension. However, if the auctioneer should make verbal additions, correction or modifications to the catalogue at the point of sale, this disclosure formally amends the printed catalogue description. All sales are audio taped to validate any changes made by the auctioneer to the catalogue description. Any returns must be accompanied by a written statement from a mutually agreed upon arm's length third party with the necessary credentials to verify the discrepancy and/or lot in question. These terms do not apply to any items identified in the catalogue as "In the Manner of, Style of Circle of, After, or Attributed to". Auctioneers do not warranty any verbal accounts of integrity or condition offered for telephone/absentee clients. Note: SHIPPING CHARGES AND BUYER'S PREMIUM WILL NOT BE REFUNDED ON ANY RETURN. A work catalogued with the name(s) or recognized designation of an artist, without any qualification, is, in our opinion, a work by the artist in other cases, the following expressions, with the following meanings are used: "Attributed to . . .'' in our opinion probably work by the artist in whole or in part. "Studio or workshop of . . ." in our opinion a work executed in the studio or workshop of the artist, possibly under his supervision. "Circle of . . .'' in our opinion a work of the period of the artist and showing his influence. "Follower of . . . " in our opinion a work executed in the artist's style but not necessarily by a pupil. "Manner of or After. . . '' in our opinion a work executed in the artist's style but of a later date. "Signed . . .'' in our opinion the work has been signed/dated/inscribed by the artist. The addition of a question mark indicates an element of doubt. "With signature . . '' in our opinion the signature/date/inscription is by a hand other than that of the artist. **ANY PAID ITEMS LEFT AT THE GALLERY FOR MORE THAN 60 DAYS BECOMES GALLERY PROPERTY AND WILL BE SOLD.**

8.125% Orange County, NY Sales Tax applies unless a valid re-sale number and certificate is on file with us. Sales tax does not apply to items shipped out of NY state.