Brutten Herrick Collection - 20th Century Art

>TERMS OF SALE >333 Auctions, LLC >609-397-9374 (p) * 609-397-9377 (f) >(Hereafter referred to as "the Auction House") > >All property sold by 333 Auctions is sold "AS-IS, WHERE-IS." The >bidder assumes the full responsibility for inspecting and evaluating >the property prior to bidding and must make an independent judgment >as to the property, its value, and the accuracy of any descriptions >or information provided about the property. > >By bidding in our auctions, either by phone, absentee bid, online, >or in person, you are agreeing to the Terms of Sale, as well as any >supplemental notices. If you have any questions after having read >the Terms of Sale, please contact the CEO, Miriam Tucker, at >mtucker@333auctions.com or 609.397.9374, extension 41. > >1. General >Each lot in this catalogue is offered for sale subject to the terms >set out below, as changed or supplemented by provisions a) written >in other places within these Terms of Sale, b) in written >supplements to this Catalogue or other materials prepared by us and >c) as stated by the auctioneer or posted in writing at the auction, >prior to a bid being accepted for a lot. No communications by any >employee of the Auction House is intended to be binding, and such >communications are made for informational purposes only. The Auction >House retains all rights to copyright and other intellectual >property contained in this catalogue. >Sales Results: Sales results are available in the afternoon of the >first business day following the auction or as soon as the Auction >House has audited and verified all sales. Results will be available >by phone and on the web at www.333auctions.com. Please do not call >prior to this time for results, as our staff cannot release >unverified results under any circumstances. We thank you for your >understanding in this matter. > >2. Purchase Price, Buyer's Premium, Taxes, and Billing >Upon the fall of the auctioneer's hammer, the successful bidder >becomes the buyer and owner of the property and is responsible for >the property, the amount of the successful bid, the buyer's premium, >applicable taxes, and other charges provided for in the Terms of >Sale in U.S. Dollars, payable immediately. >Buyer's Premium: 17.5% of the successful high bid price for >purchases made live, by phone, or by absentee bid. The buyer's >premium is 20% of the successful high bid price for purchases made >via eBay Live Auctions regardless of payment method. >Taxes: Applicable taxes shall include New Jersey sales tax (6%), use >tax, excise tax, and other taxes or levies. Only valid resale >certificates are accepted as proof of exemption from New Jersey >sales tax by U.S. dealers. No New Jersey sales tax is charged for >purchases shipped out of state. >Billing: All successful telephone, online, and absentee bidders will >be sent invoices by mail on the first business day after the auction. > >3. Methods of Payment and Fees >Acceptable methods of payment: Cash. Check. Wire Transfers. Visa. >MasterCard. Discover. PayPal. ($25,000 limit on purchases made by >credit card.) All payments are due immediately upon receipt of >invoice. We reserve the right to hold all goods paid for by check >until payment has cleared. If payment is not received from eBay Live >Auctions buyers within 10 (ten) days from the date we mail the >invoice, we will have no choice but to place an NPB on the Buyer's >account. >Late Payment: If payment is not received within ten (10) days of >sale, the Auction House reserves the right to deny all future >credit, impose from the date of sale a late charge of 1 1/2% a month >of the total purchase price or void the sale, at its sole >discretion. The Auction House reserves the right to move the >property off-site at the risk of the buyer. > >4. No Warranties or Guarantees >All property is sold "AS-IS, WHERE-IS." The bidder assumes the full >responsibility for inspecting and evaluating the property prior to >bidding and must make an independent judgment as to the property, >its value, and the accuracy of any descriptions or information >provided about the property. Neither the Auction House nor the >consignor makes any warranties, guarantees, or other >representations, express or implied, as to the property, save for >the consignor's warranty of title. Specifically, neither the Auction >House nor the consignor makes any warranty or representation, >express or implied, as to merchantability, fitness for purpose, age, >authenticity, medium, material, value, genuineness, condition, >quality, quantity, size, rarity, significance, period, provenance, >culture, source, or origin. No statement set forth in catalogues, >prior to the auction, at the auction or otherwise, oral or written, >shall be taken as a warranty or other representation. Neither the >Auction House nor the consignor is responsible for any errors or >omissions. Neither the Auction House nor the consignor makes any >warranty or representation, express or implied, as to whether a >buyer will acquire any reproduction rights, copyrights or other >intellectual property rights in, or with respect to, the property. > >5. Qualifying to Bid >Bidding Numbers: All bidders must register and receive a bidding >number from the Auction House prior to bidding at the auction. >New Buyers: If we do not know you, you may be asked to furnish >identification, a valid credit card number, and, possibly, credit >references. If you are acting as another's agent or principal, we >may request a letter of authorization. If paying by check, you must >establish credit with Eliane Talec, extension 18, prior to the >auction. A letter from your bank, presented before the sale, may >also be accepted, at our discretion, although we may retain your >purchase(s) until the check clears. If you are successful and do not >remit payment within ten (10) days, the balance will be charged to >your credit card together with such charges set forth in these Terms >of Sale. >Rights of the Auctioneer: The auctioneer reserves the right to >refuse participation by any bidder, whether on premises or >participating on-line or by telephone, whom the auctioneer deems in >his discretion to be or have been disruptive of the bidding or >auction process, or otherwise deemed to affect the integrity of the >process. > >6. Bidding Increments >$10 until $100 is reached $500 until $10,000 is reached >$25 until $500 is reached $1,000 until $20,000 is reached >$50 until $1,000 is reached $2,500 until $40,000 is reached >$100 until $3,000 is reached $5,000 until $100,000 is reached >$250 until $5,000 is reached $10,000 over $100,000 >The auctioneer has the sole and exclusive power, discretion, and >authority to regulate the bidding and its increments. > >7. Absentee Bids >We accept absentee bids by phone, by mail, in person, or by fax. If >you fax your absentee bids, you must also call us to confirm >receipt. All absentee bidding is handled as though you are in >attendance. We will buy all designated lots for you at the bidding >increment just above where competition stops. Please check and >comply with these increments. In case of failure to comply, we will >reduce each off-increment bid to the next lower figure. "Plus" bids: >Because of our structured bidding increments, it is more likely that >several people will leave identical bids. Since an earlier bid wins >in the event of a tie, a later bid with an added "plus" bid to the >next increment would win the piece. All absentee bidder names and >bids are held in strictest confidence, disclosed only in the event >of a question after the sale. Absentee bidding is a convenience >offered to our customers and, while we will make every effort to >execute your instructions, the Auction House is not liable or >responsible for any errors or failure to do so. If you place >absentee bids with the Auction House, then choose to attend in >person, bid by phone or by any other means, it is solely your >responsibility to cancel any or all absentee bids prior to the start >of the auction. The Auction House is not liable or responsible for >any errors or failure to do so. > >8. Telephone Bids >Lines are available on a first-come, first-served basis - please >call 609-397-9374 to reserve lines as soon as you are able. We will >do all we can to accommodate you, but we cannot guarantee the >availability of a phone line. Please do not fax phone line requests. >Your phone number and lots will be confirmed the day before the >auction. We must insist on one phone number ONLY during the sale. If >you are unsure of where you or your agent will be during the sale, >we recommend you leave absentee bids as a precaution. If you change >your phone number after your phone lines have been confirmed, the >Auction House cannot be responsible. All requests for overseas >telephone lines must be accompanied by absentee bids, which will be >executed on the buyer's behalf, should there be any problems with >telephone connections. One of the reasons people bid by phone is to >monitor how much they're spending. However, if you bid by phone, you >must be willing to bid to the low estimate should the bidding go >that far. There is no exception to this rule. You may, however, >leave absentee bids for any amount. Telephone bidding is a >convenience offered to our customers and, while we will make every >effort to execute your instructions, the Auction House is not liable >or responsible for any errors or failure to do so. > >9. Internet Bids >The Auction House engages the services of eBay Live Auctions and >Live Auctioneers for select auctions as a courtesy for its clients >who wish to bid and buy online. When available, please proceed to >www.ebayliveauctions.com for all necessary information on how to bid >and buy online using this system. The user of eBay Live Auctions and >Live Auctioneers indemnifies and holds the Auction House and its >consignors harmless against any claim arising out of or resulting >from your use of the eBay Live Auctions and Live Auctioneers site, >including all losses, damages, liabilities, and all fees (including >attorney's fees), costs, and expenses incurred in connection with >any claim. Under no circumstances, including, but not limited to, >negligence, shall the Auction House and its consignors be liable for >lost profits or any special, incidental, or consequential damages >that result from the use of, or the inability to use, this site. > >10. Auctioneer's Determination Final >A lot will be sold to the highest bidder as determined in the sole >and exclusive judgment of the auctioneer. The auctioneer reserves >the right to reject any bid. The auctioneer will also have the sole >and exclusive power and authority to a) resolve any disputes between >bidders, b) determine whether to pass or re-offer a lot for sale, c) >reject or challenge any bid or advance in the bidding, and d) >otherwise regulate the bidding and its increments. > >11. Reserves >A reserve is the confidential minimum price established by the >Auction House and the consignor. The reserve will never exceed the >low estimate of the lot. The Auction House prohibits consignors from >bidding on their own property, but may implement the reserve by >bidding on behalf of the consignor at the auction up to the reserve. >If bids on a lot fail to reach the reserve, the lot will be >bought-in. > >12. Price Estimates >The estimates provided in this catalogue are our opinion of the >price that a willing buyer would pay for the property at auction, >based, where possible, on prices paid for comparable items sold in >the past. Estimates are neither a representation nor a prediction of >the actual selling price that will be realized at auction, >post-auction sale, or upon resale, which may be substantially >different from these estimates. We shall not be liable in any way >for such a difference. > >13. Withdrawal of Property from Sale >The Auction House reserves the right to withdraw property from the >sale for any reason and with no liability whatsoever for such >withdrawal. > >14. Rescission by Buyer >All property is sold "AS-IS, WHERE-IS." Neither the Auction House >nor its consignor shall be liable for damages such as, but not >limited to, direct, indirect, special, incidental, punitive, or >consequential, including the loss of profit or revenue, cost of >obtaining alternative property, claims of customers of the buyer or >otherwise. No refund will be made. The buyer acknowledges and >expressly agrees to the provisions of the paragraph. > >15. Rescission by the Auction House >In the event the Auction House receives notice of an adverse claim >with respect to purchased Property, the Auction House shall have the >right (but not the obligation), in its sole and absolute discretion, >to rescind the sale to the buyer, upon written notice to the buyer. >Upon such notice, the buyer will promptly return the purchased >property to the Auction House's premises in the same condition as >when purchased. The Auction House will then promptly refund the >purchase price, including the buyer's premium and applicable taxes >paid. Buyer will have no further recourse against the Auction House >or the consignor, and the Auction House and the consignor shall not >be liable for any damages of any nature suffered by the buyer. > >16. Payment, Collection, and Shipping Responsibilities of Buyer >Buyer Obligations: On the fall of the auctioneer's hammer, title to >the property immediately transfers to the successful bidder who, in >turn, becomes the buyer of the Property. The buyer assumes full risk >and responsibility for the purchased Property, including all costs >and expenses of handling, shipping, insurance, taxes, export, and >otherwise, and is liable for the full purchase price, plus the >buyer's premium, applicable taxes, and any other associated expenses. >Collection of Property and Storage Charges: The buyer will pay for >and remove the purchased Property from the premises of the Auction >House within ten (10) days of the sale. Those who choose to pick up >their paid property from the Auction House in the days following the >sale must call 24 hours in advance to arrange pick-up. Pick up can >normally be made during the business day, Monday through Friday, >excepting the hour between 12:00 and 1:00 pm. You must confirm your >pick up with Eliane Talec, extension 18 or Michael Ingham, extension >15, when you call. If the purchased Property is not removed within >ten (10) days, the buyer will thereafter be assessed a $10 per lot >storage charge per day. The Auction House may, at its discretion, >remove the purchased Property to public storage at the buyer's risk >and expense. All associated charges will be added to the total >invoice and must be paid in full before the Property will be >released. >Packing and Shipping Smalls: Paid property that can be shipped by >common carrier such as UPS, Federal Express, or the U.S. Mail >service will be released to an outside shipping agency after ten >(10) days. The sale of any unpaid property still on the premises >after ten (10) days may be voided at the discretion of the Auction >House or storage charges occur. >Packing and Shipping Freight: Paid property that must be shipped by >freight will be held for ten (10) days while the buyer arranges for >removal from the premises of the Auction House. The sale of any >unpaid property still on the premises after ten (10) days may be >voided at the discretion of the Auction House or storage charges >occur. Please feel free to call for recommendations on freight and >local delivery. We will also work with any shipper of your choosing. >Note: The delivery of large, heavy, or expensive objects is not an >inexpensive proposition and we urge you to consider this before >bidding. > >17. Buyer Default >Remedies: If any of the Terms of Sale are not fully complied with by >the buyer, the buyer will be in default without need of notice by >the Auction House. The buyer shall be liable to the Auction House >and the consignor for the total purchase price, including all >premiums, charges, and expenses specified in the Terms of Sale. >Interest shall accrue at the rate of 18% per annum commencing with >the date of the auction. In addition to other remedies available to >the Auction House by law, the Auction House may, at its option, a) >cancel the sale of the lot(s) on which the buyer defaulted and of >any other lots sold to the defaulting buyer at the same or any other >auction(s) and retain as liquidated damages all payments made by the >buyer, b) resell the purchased property, whether at public auction >or private sale, or c) pursue any combination of a) and b) above. In >event of default, the buyer will be responsible to the Auction House >and the consignor for any deficiency, any and all costs and >expenses, including reasonable attorneys' fees, collection fees and >expenses, late charges, and other damages. The Auction House may, at >its discretion, apply any proceeds of sale otherwise due to the >buyer or monies of the buyer in the Auction House's possession to >reduce or satisfy the buyer's obligations. >Security Interest: As security for full payment to the Auction House >and the consignor of all amounts due, the buyer grants the Auction >House the right to retain a security interest in the property >purchased at auction and in any other property or money of buyer in >the Auction House's possession or coming the Auction House's >possession (collectively, "collateral.") The Auction House shall >have the rights of a secured creditor as provided by the Uniform >Commercial Code and other applicable law. Such security interest in >the property or other collateral will cease when the property is >physically delivered to the buyer or the buyer's agent. > >18. Governing Law and Forum for Disputes >The laws of New Jersey shall govern the auctions of the Auction >House. Any disputes that may arise in connection with the auction >and/or any auction purchase, and all of the terms and conditions set >forth herein above, shall be governed by and construed in accordance >with New Jersey law. Any one who participates in the auction and/or >makes auction purchases agrees to submit to the jurisdiction of the >courts of the State of New Jersey with respect to any dispute >arising in connection with the auction and/or any auction purchases. >In the event that the Auction House needs to bring an action to >enforce the terms and conditions herein and/or to collect any sum >due and owing to it the Auction House shall be entitled in addition >to collect its reasonable attorney's fees, collection agency fees, >and cost of suit. > >19. Limitations of Liability >The Auction House acts only as the agent for the consignor and in no >event will be liable for any breach or default by the consignor. > >20. Severability and Waiver >If any provision of portion of these Terms of Sale shall be deemed >unlawful, void, or unenforceable under applicable law, that >provision or portion shall be stricken and severed from the >remaining provisions, which shall remain in full force and effect. >Failure to enforce any of the provisions in these Terms of Sale >shall not be deemed a waiver of the right to enforce any other >provisions of these Terms of Sale. > >21. No Assignment >Unless the Auction House consents in writing, buyers may not assign >their rights or any of their obligations related to an auction or >other sale by the Auction House. > >22. No Modifications >These Terms of Sale may not be changed unless the Auction House and >buyer have agreed to do so in a written agreement signed by both >parties. > >23. Miscellaneous >Export or Import: An export license may be required for the export >of certain materials. Some countries prohibit the importation of >certain materials. It is the sole responsibility of buyers to >familiarize themselves with any required license and import/export >requirements. The Auction House will have no responsibility with >regard to these matters. >Private Sales: These Terms of Sale shall apply to both auction and >private sales of property. >Paragraph Headings: Paragraph and subheadings are included in these >Terms of Sale for ease of reference and should not be used to >interpret the meaning of the substantive provisions.