19th Century European Art, American Art

TROVE AUCTIONEERs TERMS & CONDITIONS OF SALE THE FOLLOWING TERMS AND CONDITIONS OF ERLICH, KRAMER & ASSOCIATES ANTIQUARIANS, LLC and its subsidiary TROVE AUCTIONEERS (?TROVE AUCTIONEERS?) APPLY TO AUCTIONS, THE SALE OF AUCTION GOODS and AFTER THE AUCTIONS. 1. All property offered and sold through TROVE AUCTIONEERS , ("Auctioneer", or "Broker", or the "Company") shall be offered and sold on the terms and conditions set forth in these Conditions of Sale. By participating in any sale, you acknowledge that you are bound by these terms and conditions. TROVE AUCTIONEERS has made every effort to catalogue and describe accurately property to be sold. The Auctioneer, however, assumes no risk, liability or responsibility for the identification or authenticity or authorship, or weight, count, or measure of any property identified in its catalogue or lists of sale. 2. TROVE AUCTIONEERS makes every effort to accurately describe all items offered in its sales, however all items for sale are as is, and it is the bidders? responsibility (present or absentee bidders) to determine the exact condition of each item. TROVE AUCTIONEERS will not be held responsible for typographical errors. Neither we nor the consignor, make any guarantees, warranties, or representation expressed, or implied, in regard to the property or the correctness of the catalog or other description of the authenticity of authorship, physical condition, size, quality, rarity, importance, provenance, exhibition, literature or historic relevance of the property or otherwise. No statement anywhere whether oral or written, shall be deemed such a guarantee, warranty or representation. Prospective bidders should inspect the property online and contact TROVE AUCTIONEERS before bidding to determine its condition, size and whether or not it has been restored. The consigner and we make no representation or warranty as to whether the purchaser acquires any reproduction rights in the property. Returns will not be accepted under any circumstances. When possible, all items will be available for preview one (1) month prior to the auction. All items are sold AS IS, WHERE IS with all faults. ALL SALES ARE FINAL - NO REFUNDS AND NO EXCHANGES. WE AND THE CONSIGNOR DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO WARRANTIES ARE MADE THAT ANY OF THE MERCHANDISE COMPLIES WITH ANY APPLICABLE GOVERNMENTAL RULES, REGULATIONS OR ORDINANCES OF ANY KIND OR NATURE WHATSOEVER. All items are available for inquiries prior to bidding. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. TROVE AUCTIONEERS attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. 3. Internet Live Bidding System: 1. Bidders may now bid in the privacy of their own home by using Live Auctioneers. Please visit these sites to review current sales options and bidding deadlines. Also please be aware that there might be differences in terms and conditions, deadlines and buyer's premiums when bidding on-line. 2. Bidding will begin at a price appropriate in auctioneer's discretion. The Auctioneer always reserves the right to withdraw a lot for any reason. At the Auctioneer's discretion, no bid of less than one half the low estimates will be accepted from any source: phone bidding, absentee bidding or internet bidding unless authorized by the Auctioneer. All lots in this catalogue are offered subject to a reserve, which is the confidential minimum hammer price at which a lot will be sold. In executing a reserve, the Auctioneer has the right to bid on behalf of the Consignor, whether by opening bidding or continuing bidding in response to other bidders until reaching the reserve. If the reserve is not met, the Auctioneer has the right to withdraw the item from the sale. 4. Bidding on an item indicates your understanding and acceptance of these Terms & Conditions of Sale. If a purchaser breaches any of these Terms & Conditions of Sale, including the obligation to pay for purchased items, TROVE AUCTIONEERS may seek all remedies under the law including canceling the sale and reoffering the property without reserve. 5. Internet Live Bidding System. TROVE AUCTIONEERS does not guarantee the technical feasibility of internet connections or the on-time transmission of bids during auctions. It is advised to place bids early to ensure that bids can be considered for the auction. TROVE AUCTIONEERS shall not bear the cost of the telephone call. The sale may, on behalf of the seller, be made conditional or be refused. In the event of several identical bids being received, the bid received first shall win. If a bid that has been duly received within the specified time limit or a telephone bid has been inadvertently overlooked in error, TROVE AUCTIONEERS is entitled to cancel the winning bid and re-auction the item. The same applies to all incidents and complaints directly after the hammer falls or after the auction. 6. RESERVES 1. The majority of our items are reserved but occasionally items may carry an un- reserve. Please note that when a lot carries a reserve, the reserve is usually somewhere below our low estimate usually at about 50% of the low estimate. In the case of a reserved item, the seller has authorized the auctioneer to bid on their behalf until the reserve price is reached. 7. BUYER?S PREMIUM 1. A 15% buyer?s premium and 5% LiveAuctioneers? premium for a total of 20% TOTAL BUYER?S PREMIUM will be added to all successful bids and is payable by the purchaser as part of the total purchase cost. 8. SALES TAX 1. Lots delivered to you, or your representative is subject to all applicable state and local taxes, unless appropriate permits are on file TROVE AUCTIONEERS. Bidder agrees to pay TROVE AUCTIONEERS the actual amount of tax due in the event that sales tax is not properly collected due to: 1) an expired, inaccurate, or inappropriate tax certificate or declaration, 2) an incorrect interpretation of the applicable statute, 3) or any other reason. The appropriate form or certificate must be on file at and verified by TROVE AUCTIONEERS five days prior to the Auction or tax must be paid; only if such form or certificate is received by TROVE AUCTIONEERS within 4 days after the Auction can a refund of tax paid be made. Lots from different auctions may not be aggregated for sales tax purposes. For all residents of California, 9.00% sales tax will be added to your invoice. 9. PAYMENT All merchandise must be paid in full within seven (7) days of the date of the sale. 1. We accept PayPal, Visa, MasterCard, Discover, American Express, personal checks/certified checks, wire transfers, money orders, and cash. 1. CREDIT CARD - For first time buyers and credit card charges greater than $2,500.00 buyers must complete the bottom portion of the invoice and must specifically sign the acknowledgement of our terms of sale before we will accept payment via credit card. We do offer the convenience of paying automatically by credit card. If you wish to have your card automatically charged for all purchases please complete our Authorization for Automatic Credit Card Use. We have this form available online or upon request. Split payments are subject to a 22% buyer?s premium if a credit card is used as any form of total payment. Credit card charge back will not be accepted. TROVE AUCTIONEERS reserves the right to request a different form of payment (wire transfer or certified check) for larger amounts. 2. CHECK - There will be a $30.00 service charge for returned checks. Make checks payable to: ERLICH, KRAMER & ASSOCIATES ANTIQUARIANS, LLC. 3. WIRE TRANSFERS - There will be a $30.00 charge added to all wire transfers less than $2,000.00. Please add this amount to your invoice total before sending a wire transfer. 4. In the few situations where a successful bidder does not remit payment when due, TROVE AUCTIONEERS will proceed with the legal steps necessary to protect its interests and will block the bidder from future auction participation. TROVE AUCTIONEERS reserves the right to hold items paid for by personal or company check until said check clears (14 days). TROVE AUCTIONEERS have the right to hold all checks over $2,000.00. Customers who have an established successful buying history WITH TROVE AUCTIONEERS may be exempt from this. In the few situations where a successful bidder does not remit payment when due, TROVE AUCTIONEERS will proceed with the legal steps necessary to protect its interests and will block the bidder from future auction participation. 10. TROVE AUCTIONEERS NON-PAYMENT POLICY; a. AS YOU HAVE ACKNOWLEDGED BY AGREEING TO THE TERMS OF THIS AUCTION, THERE ARE NO REFUNDS OR EXCHANGES. IN THE EVENT THAT YOU REQUEST AND ARE GRANTED BY WAG A RETURN, CANCELLATION, OR REFUND, YOU AGREE THAT YOU ARE STILL RESPONSIBLE TO PAY A 20% RESTOCKING FEE BASED ON THE FINAL SALE PRICE (I.E. THE HAMMER PRICE) OF EACH ITEM THAT IS RETURNED PLUS THE ENTIRE BUYER'S PREMIUM FOR EACH ITEM AS WELL AS ALL OF THE SHIPPING/HANDLING CHARGES. THIS MEANS THAT THE RESTOCKING FEE, BUYER'S PREMIUM AND SHIPPING/HANDLING CHARGES ARE NEVER ELIGIBLE FOR A REFUND OR RETURN. 11. SHIPPING TERMS 1. Clients are also welcomed to make their own shipping arrangements. We can also provide a list of transport companies for items purchased. Buyers are required to pay for all packing, shipping and insurance charges. Be aware that for larger and/or valuable items, shipping charges can be substantial. If you are bidding on a large item, please contact our recommended shipping companies or your chosen shipping company to discuss shipping arrangements prior to bidding. If you do not agree with this shipping arrangement please do not bid. Thank you. Please note: ALL SHIPPED ITEMS MUST BE INSURED. 2. Shipping cost is the sole responsibility of the buyer. Your credit card will be charged for the items purchased including the SELLER?s fee. Shipping and handling will be charged or requested at a separate time by the shipping company. As of now, we do not provide shipping but we can provide our customers with referrals of our partners which can provide shipping. 1. For handling, packing and shipping you can contact SHORE BUSINESS CENTER is located at 5318 E Second St.Long Beach, CA 90803-5324 . Your direct contact is Marsha and she can be reached at: (562) 987-4777. By email, you can reach her at marsha@shorebizcenter.com. They are specialized in shipping antiques, art or any other small, medium or large items 2. REMOVAL AND STORAGE OF PROPERTY. If purchased property has not been removed, or Trove Auctioneers has not received shipping instructions within 21 days after the auction date, a $10 per item per day storage fee may be charged to the buyer. 3. CANCELLATION OF SALE. If purchased property remains in the custody of Trove Auctioneers for a period of 60 days following the auction, Trove Auctioneers may, at its option, cancel the sale, retaining as liquidated damages any payments made by the buyer, or resell the property at auction or by any other commercially reasonable means, for the account and at the risk of the buyer, and in such event, buyer shall be liable for the payment of all deficiencies plus all of Trove Auctioneers? costs, including but not limited to storage and costs of both sales. This right of cancellation is in addition to any and all other remedies available to Trove Auctioneers. 4. DISCLAIMER: 1. TROVE AUCTIONEERS IS NOT ASSOCIATED WITH SHORE BUSINESS CENTER and is not responsible for any transaction between the Bidder and SHORE BUSINESS CENTER. Any questions regarding shipping should be addressed to the address above

The Buyer is responsible for making shipping arrangements with the Consignor, choose their own shipping company or use a shipping company some of our customers used in the past. We are not affiliated nor do we own a shipping company.