Garden & Architectural Antiques Auction

Conditions of Sale These Conditions of Sale and the Notices & Explanation of Cataloguing Practices contain all of the terms on which Kamelot and the seller contract with the buyer. They may be amended by posted notices or oral announcements made during the sale. By bidding at auction you agree to be bound by these terms. 1. BEFORE THE SALE Except as stated in the Limited Warranty in paragraph 5 below, all property is sold "as is" without any representation or warranty of any kind by Kamelot or the seller. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalogue entry. (a) Examination of property Prospective buyers are strongly advised to examine personally any property in which they are interested, before the auction takes place. If a bidder is unable to view an item in person, they are responsible for obtaining/requesting a condition report and/or additional photographs prior to bidding to determine an article's condition, size and any other pertinent information. We strive to be fair and forthright with our descriptions and condition reports, however bidders must acknowledge that antique items often show normal signs of use and wear, which might not be specified in a condition report. If you have very particular taste, it is advisable that you inspect items in person, as your definition of condition may be more exacting than a specialist could have time to verify. (b) Condition reports Our specialists will respond to condition report requests as quickly as possible, however please be patient. We get many requests and we make every effort to respond to all of them in a timely fashion. Kamelot reserves the right to reject a condition report/additional photograph requests in which, in our opinion, the value of the object is not commensurate with the time necessary to complete the request. (c) Catalogue and other descriptions All statements by us in the catalogue entry for the property or in the condition report, or made orally or in writing elsewhere, are statements of opinion and are not to be relied on as statement of fact. Such statements do not constitute a representation, warranty or assumption of liability by us of any kind. References in the catalogue entry or the condition report to damage or restoration are for guidance only. The absence of such a reference does not imply that an item is free from defects or restoration, nor does a reference to particular defects imply the absence of any others. Estimates of the selling price should not be relied on as a statement that this is the price at which the item will sell or its value for any other purpose. Except as set forth in paragraph 5 below, neither Kamelot nor the seller is responsible in any way for errors and omissions in the catalogue or any supplemental material. (d) Reserves Unless otherwise indicated, lots offered may be subject to a reserve, which is the confidential minimum price below which the lot will not be sold. The reserve will not exceed the low estimate printed in the catalogue. 2. DURING THE SALE All unreserved bidding starts at 50% of the low estimate unless there are two or more competing absentee bids at a price higher than that. (For example, a lot estimated at $1,000 - $1,500, with no reserve, will normally open at $500. If there are two absentee bids for $600 and $800, the lot must sell for $650, even if there is no further bidding from the phone, internet or from the live audience. (a) Absentee bids Kamelot requires all absentee bids be submitted no later than 7:00pm on the business day prior to the auction. If you fax your absentee bids, please call to confirm receipt. All absentee bidding is handled as though you are in attendance. Kamelot will purchase all designated lots for you one bidding increment above where competition stops. Absentee bidding is a convenience offered to our customers and, while we will make every effort to execute your instructions, Kamelot Auctions is not liable or responsible for any errors or failure to do so. Bidding Increments: 0 - 499 $25.00 500 - 999 $50.00 1,000 - 1,999 $100.00 2,000 - 4,999 $200.00 5,000 - 9,999 $250.000 10,000 - 19,999 $1,000.00 20,000 - 49,999 $2,000.00 50,000 - 100,000 $5,000.00 100,000 + $10,000.00 Please check and comply with these increments. In case of failure to comply, we will increase each off-increment bid to the next higher figure. "Plus" bids: Because of our structured bidding increments, it is more likely that several people will leave identical bids. Since an earlier bid left with the auction house wins in the event of a tie, a later bid with an added "plus" bid to the next increment would win the piece. (NOTE: Absentee bids left on Live Auctioneers or eBay Live Auctions are sent to the auction house during the actual sale. There is no time advantage to leaving bids in this fashion.) (b) Phone bids Kamelot requires all phone bids be submitted no later than 7:00pm on the business day prior to the auction. If you fax your phone bids, please call to confirm receipt. One of the reasons people bid by phone is to monitor how much they are 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. All requests for overseas telephone lines must be accompanied by absentee bids, which will be executed on the buyer's behalf, should there be a problem executing the telephone bid. (c) Internet bids Kamelot Auctions is able to provide live bidding via Live Auctioneers and other Internet bid platforms. However, the user of these sites indemnifies and holds Kamelot Auctions and its consignors harmless against any claim arising out of or resulting from your use of any or all of these sites, 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 Kamelot Auctions 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, these sites. (d) Auctioneer's discretion The auctioneer has the right at his absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he may decide, to withdraw or divide any lot, to combine any two or more lots and, in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to re-offer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive. (e) Successful bid and passing of risk Subject to the auctioneer's discretion, the highest bidder accepted by the auctioneer will be the buyer and the striking of his hammer marks the acceptance of the highest bid and the conclusion of a contract for sale between the seller and the buyer. Risk and responsibility for the lot (including frames or glass where relevant) passes to the buyer at the expiration of three calendar days from the date of the sale or on collection by the buyer if earlier. 3. AFTER THE SALE (a) Sales results Results are available by phone and on the web at our website. Sales results are available no earlier than 2 p.m. on the first business day following the auction or as soon as the Auction House has audited and verified all sales. Please do not call prior to this time for results, as they will not be given out under any circumstances. We thank you for your understanding in this matter. (b) Buyer's premium A buyer's premium of 23% will be added to the successful bid price of each lot that you purchase, and is payable by you along with applicable tax which is added to the total cost of your purchase. Buyers will be required to pay the State of Pennsylvania Sales Tax of 6% as well as the City of Philadelphia Sales Tax of 1% for a total of 7% at the time of payment unless the items are shipped out of the state of Pennsylvania or the buyer provides Kamelot with a valid Tax Exemption Number and fills out an Exemption Certificate (available upon request). This is Pennsylvania State Law and applies to anyone picking up items, regardless if you live or bid on the items outside the state of Pennsylvania. (c) Payment and passing of title All successful bidders will be sent invoices by mail or e-mail the first business day after the auction. All payments are due immediately upon receipt of invoice and should be received by Kamelot Auctions no later than 5 business days after the auction. Acceptable payment methods include cash (In House Only), certified checks, money orders, or personal check. We do not accept credit cards or Paypal for payment. Please note our policy regarding payments from International buyers: The only acceptable method of payment is a bank wire/ bank transfer. For invoices more than $1000, there is no additional fee for this service. For invoices less than $1000, please include an additional $25 wire fee. We will be happy to forward our bank wiring information after the completion of the auction. Thank you for your understanding and cooperation. The buyer will not acquire title to the lot until all amounts due to us from the buyer have been received even in circumstances where we have released the lot to the buyer. (d) Remedies for non-payment If the buyer fails to make payment in full in good cleared funds within the time required by paragraph (c) above, we shall be entitled in our absolute discretion to exercise one or more of the following rights or remedies (in addition to asserting any other rights or remedies available to us by law): (i) to charge interest at such rate as we shall reasonably decide; (ii) to hold the defaulting buyer liable for the total amount due and to commence legal proceeding for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law; (iii) to cancel the sale (e) Pickups The week following the sale, Kamelot will provide labor to help assist buyers/shippers with their purchases however, buyers and/or their shippers, must pack/wrap and load their items. If items are picked up after the first week, please be aware that labor may not be available to assist buyers/shippers with their purchases. Normal pickup hours are Monday - Friday 10:00am - 4:00pm. All purchases must be removed within 15 business days after an auction. Property that is not removed within 15 business days of the sale will be moved to a storage facility at the buyer's risk and expense. The buyer will thereafter be assessed a storage charge of $10 per day. All associated charges must be paid in full before the property will be released. Property that has been paid for but remains unclaimed for more than 120 days will become the property of Kamelot Auctions. (f) Shipping Kamelot does not provide in-house shipping, but will assist bidders in arranging for the shipment of their items by providing a list of reputable shippers. All pickups or shipping arrangements should be made at the time of payment, but no later than 15 business days from the sale. (g) Export license Unless otherwise agreed by us in writing, the fact that the buyer wishes to apply for an export license does not affect his or her obligation to make payment immediately upon receipt of an invoice, nor our right to charge interest or storage charges on late payment. If the buyer requests us to apply for an export license on his or her behalf, we shall be entitled to make a charge for this service. We shall not be obliged to rescind a sale nor to refund any interest or other expenses incurred by the buyer in circumstances where an export license is required. 4. EXTENT OF KAMELOT'S LIABILITY We agree to refund the purchase price in the circumstances of the Limited Warranty set out in paragraph 5 below. Apart from that, neither the seller nor we, nor any or our officers, employees or agents, are responsible for the correctness of any statement of whatever kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Except as stated in paragraph 5 below, neither the seller, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph. 5. LIMITED WARRANTY Subject to the terms and conditions of this paragraph Kamelot warrants for a period of 30 days from the date of the sale that any artwork described in this catalogue (as such description may be amended by any saleroom notice or announcement) which is stated without qualification to be the work of a named author or authorship, is authentic and not a forgery. Within those 30 days, Kamelot will allow the buyer to submit, at his own expense, an opinion in writing from a recognized expert, approved by Kamelot and the purchaser, regarding authenticity. Such inspection must be performed in person and not be based on photographs, facsimile, email or a verbal description. In the event the work is judged inauthentic by the expert, the work may be returned in the same condition as at time of sale and the buyer's full purchase price will be refunded. Refunds shall not include costs of transportation, insurance or other expenses that may have been incurred by the buyer. It is the buyer's responsibility to make payment in a timely fashion such that the property can be released and inspected within this 30 day time frame. Should the buyer not do so, or should the buyer request Kamelot to delay shipment, should he give an incorrect shipping address, or be unavailable to receive shipment, the 30 day warranty shall still apply. The term "author" or "authorship" refers to the creator of the property or to the period, culture, source or origin, as the case may be, with which the creation of such property is identified in the description of the property in this catalogue. Kamelot's warranty does not apply to supplemental material, which appears below the heading of each lot, and Kamelot is not responsible for any errors or omissions in such material. The terms used in the headings are further explained in Notices and Explanation of Cataloguing Practice. The warranty does not apply to any heading that is stated to represent a qualified opinion. 6. COPYRIGHT The copyright in all images, illustrations and written material produced by or for Kamelot relating to a lot including the contents of this catalogue, is and shall remain at all times the property of Kamelot and shall not be used by the buyer, nor by anyone else, without our prior written consent. Kamelot and the seller make no representation or warranty that the buyer of a property will acquire any copyright or other reproduction rights in it. 7. SEVERABILITY If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law. 8. LAW AND JURISDICTION The rights and obligation of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in which the auction is held. By bidding at auction, whether present in person or by agent, by written bid, telephone or other means, the buyer shall be deemed to have submitted, for the benefit of Kamelot, to the exclusive jurisdiction of the courts of that country, state, county or province, and (if applicable) of the federal courts sitting in such state. Notices & Explanation of Cataloguing Practices Artwork is subject to the guarantees and conditions contained in this catalog. Condition reports are provided as a service to interested clients. Prospective buyers should note that descriptions of property are not warranties and that each lot is sold "as is." FOR PICTURES, DRAWINGS, PRINTS AND MINIATURES 1. Henry Bayley Snell In Kamelot's opinion a work by the artist. 2. Attributed to Henry Bayley Snell* In Kamelot's qualified opinion a work of the period of the artist which may be in whole or part the work of the artist. 3. Circle of Henry Bayley Snell* In Kamelot's qualified opinion a work of the period of the artist and closely related in his style. 4. Studio of Workshop of Henry Bayley Snell* In Kamelot's qualified opinion a work possibly executed under the supervision of the artist. 5. School of Henry Bayley Snell* In Kamelot's qualified opinion a work by a pupil or follower of the artist. 6. Manner of Henry Bayley Snell* In Kamelot's qualified opinion a work in the style of the artist, possibly of a later period. 7. After Henry Bayley Snell* In Kamelot's qualified opinion a copy of the work of the artist. 8. 'signed' Has a signature which in Kamelot's qualified opinion is the signature of the artist. 9. 'bears signature' Has a signature which in Kamelot's qualified opinion might be the signature of the artist. 10. 'dated' Is so dated and in Kamelot's qualified opinion was executed at about that date. 11. 'bears date' Is so dated and in Kamelot's qualified opinion may have been executed at about that date. *This term and its definition in this Explanation of Cataloguing Practice are a qualified statement as to Authorship. While the use of this term is based upon careful study and represents the opinion of experts, Kamelot and the consignor assume no risk, liability and responsibility for the authenticity of authorship of any lot in this catalogue described by this term.

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