Last Minute Holiday Auction

All property will be offered and sold by Art Historie LLC as agent for the Consignor subject to the following terms and conditions: -ALL LOTS ARE SOLD 'AS IS' 'WHERE IS'. -All Shipping is arranged and costs paid by purchaser. A Condition Report of a given lot, if available, may be found on Live Auctioneers. Condition reports are provided as a courtesy and are based solely on opinion and observation and are not a guarantee of an item's quality, as well as reflect expectations subject to the given age of the given lot. Condition reports carry no guarantee, implied or otherwise, of their correctness. Existence of a condition report for a given lot does not presume that all aspects of a particular lot have been analyzed. While every reasonable effort is made to respond to all requests for condition, due to the volume of requests, we cannot guarantee that all requests will receive a response. - Credit Approval: Internet bidders are REQUIRED to provide valid name, address, phone number and email address as well bank references or credit card number to Live Auctioneers to be approved for bidding. -Payment: LiveAuctioneers generated invoices will be sent out via email following each session of auction or early the following day. Payment is expected within ten (10) business days from the end of the auction. Accepted forms of payment are: PayPal (maximum $10,000), Bank Wire Transfer, Money Order, Personal Check and Certified Check. Purchased items paid for by personal check may be removed from the premises once the check has cleared the bank. -Shipment of Purchased Lots: Art Historie LLC is not responsible for the shipment of items. All shipping and related costs are the responsibility of the purchaser. If you are the successful bidder and require an item(s) to be shipped, Art Historie LLC can provide you with a list of shipping and moving companies that have no affiliation with our gallery. Pick up time would have to be coordinated on larger items as we are not an open shop. Smaller items may be dropped off at no charge to a shipper if convenient to Art Historie LLC at no added cost to the buyer. -Packing/Shipment Quotes: Prospective bidders are encouraged to contact their shippers for packing and transport quotes prior to bidding, and should be aware that these costs may include fees for pick-up, materials, packing, insurance and transport. For your convenience, we have listed those companies below. SHIPPING COMPANIES (large or small items) The UPS Store 499 Broadway, Bangor, ME 04401 Phone:(207) 947-9999 Independent Shippers can be hired through: www.uship.com **Art Historie LLC does not endorse or recommend any particular business above. Please interview and hire at your own risk. The following Conditions of Sale are Art Historie LLC's and the Consignor's agreement with the Buyer relative to the property listed in the auction catalog. The Conditions of Sale, the glossary, and all other contents of the catalog are subject to amendment by Art Historie LLC by the posting of notices prior to sale. By participating in any sale the Consignor, Bidder and Buyer agree to be bound by these terms and conditions. 1, Art Historie LLC and the Consignor assume no risk, liability or responsibility for the authenticity of the authorship of any property identified in this catalog. All property is sold "as is" and neither Art Historie LLC nor the Consignor make any warranties or representations of any kind or nature with respect to the property, and no statement in the catalog or made at the sale, or in the bill of sale or invoice or elsewhere shall be deemed an assumption of liability or warranty or representation as to the description, genuineness, attribution, provenance or condition of the property. Art Historie LLC and the Consignor make no representations as to whether buyer acquires any reproduction rights in the property. 2. Bidding Registration. Bidders attending the auction are required register with LiveAuctioneers.com . Art Historie LLC may require the bidder to contact our gallery by phone to verify bidder/banking information prior to approval. Registered bidders agree to be fully liable for all bids, including the liability to timely pay in full for any lot that is the subject of a successful bid submitted by the bidder in accordance with the Conditions of Sale. 3. Buyer's Premium. There is NO buyer’s premium. 4. Withdrawal. Art Historie LLC reserves the right to withdraw any property before sale and shall have no liability for such withdrawal. 5. Bid Per Lot. Unless otherwise announced by the auctioneer, all bids are per lot as numbered in the catalog. 6. Video or digital images. At some auctions a video or digital screen may be used. Art Historie LLC is not liable for any errors in the operation or quality of the image presented. 7. Reserves. Unless the sale is advertised and announced as a sale without reserves, each lot is offered subject to reserve. Art Historie LLC may implement such reserves by bidding through its representatives on behalf of the Consignor. 8. Bidding. Art Historie LLC reserves the right to reject a bid from any bidder. The auctioneer has the right to split any bidding increment and to advance the bidding in any manner as the auctioneer may decide. The highest bidder acknowledged by the auctioneer shall be the buyer. In the event of any dispute between bidders, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, the sale record of Art Historie LLC shall be conclusive in all respects. 9. Absentee bids. As a convenience to bidders who cannot attend a sale in person or online, Art Historie LLC will, if so instructed, execute written bids on their behalf, without additional cost. If Art Historie LLC receives written bids on a particular lot for identical amounts, and at the auction these are the highest bids on the lot, it will be sold to the person whose written bid was received and accepted first. Art Historie LLC is not responsible for errors or failure to execute the written bid or for errors or omissions in connection with the written bid. Lots are bought for absentee bidders at the lowest possible price (which may be below the written bid price) subject to other bids or reserves. 10. Online bids. Art Historie LLC will use reasonable efforts to carry out online bids, however Art Historie LLC is not responsible for equipment failure, inability to access the Internet or software malfunctions related to the execution of online bids. 11. Auctioneer's discretion. If the auctioneer determines that any opening bid is not commensurate with the value of the article offered, he may reject the same and withdraw the article from the sale. If having accepted an opening bid, the auctioneer decides that any advance thereafter is not of sufficient amount, he may reject the advance. 12. Successful Bid. On the fall of the auctioneer's hammer, title to the offered lot will pass from Consignor to the highest bidder acknowledged by the auctioneer, subject to all the Conditions of Sale set forth herein, and such bidder (a) assumes full risk and responsibility therefore (b) if requested will sign a confirmation of purchase and (c) will pay the purchase price in full or such part as Art Historie LLC may require for all lots purchased. 13. Payment. The buyers are expected to make payment for purchases immediately after the auction for the entire amount due (including hammer price, buyer's premium and applicable taxes and other charges including handling charges and storage costs). Payment in U.S. Dollars can be made by check, cash, wire transfer, Pay Pal, subject to certain limitations. PayPal may be used for purchases made via LiveAuctioneers.com and are subject to a $10,000 maximum. A Wire Transfer for invoices over $10,000. International payments can be made by wire transfer or if purchase is made via LiveAuctioneers.com, then PayPal should be used for invoices under $10,000 and wire transfer for invoices above $10,000. The buyer grants Art Historie LLC a security interest in the property and Art Historie LLC may retain as collateral security for the buyer's obligations to Art Historie LLC, any property or monies held or received by Art Historie LLC for the account of the buyer. Payment will not be deemed to have been made in full until Art Historie LLC has collected funds represented by checks, or, in the case of bank or cashier's checks, until Art Historie LLC has confirmed their authenticity. Buyer agrees that a 1-1/2% per month late charge will be imposed on the total purchase price if payment is not made in accordance with all of the conditions set forth herein and agrees to pay any returned check charges that may be incurred. 14. Tax. Unless exempted by law from the payment thereof, the buyer will be required to pay Maine state retail sales taxes at a rate of 5.5%, or any taxes that are applicable at this date, including any federal luxury or other tax. Unless exemption from such taxes is established to the satisfaction of Art Historie LLC, any buyer claiming an exemption will be required to pay the tax to Art Historie LLC and seek a refund from the state. Deliveries outside the State of Maine may be subject to the compensating use tax of another state and, where a duty of collection is imposed upon them by law, Art Historie LLC will require payment of such taxes. For tax exemption a signed copy of an exemption certificate MUST be on file with Art Historie LLC. 15. Removal of Property. The buyer at buyer's expense must remove all property from Art Historie LLC not later that 10 business days following the sale. Purchases not so removed will be subject to the following charges to cover handling and storage costs: After 10 business days following the sale, a handling charge of 1% of the purchase price will be payable by the buyer per month until the items are removed, with a minimum of 5% for any property not so removed within 60 days after the sale. Buyer agrees that any property which is paid for but left at Art Historie LLC's premises for any reason in excess of sixty (60) calendar days after the sale may be sold by Art Historie LLC at public auction with the balance of any funds recovered in excess of the storage charges and auction charges, being remitted to the buyer. 16. Non-Payment. If the buyer does not make full payment for the purchases within the time required, Art Historie LLC is authorized in their absolute and sole discretion to exercise one or more of the following remedies, in addition to other remedies available to Art Historie LLC and the Consignor by law: Art Historie LLC is authorized to: (a) hold the buyer liable for the total purchase price; (b) cancel the sale, retaining as liquidated damages all payments made by the buyer; (c) resell the property at public auction or private sale with terms that Art Historie LLC deems appropriate; (d) to resell the property at public auction without reserve and the buyer shall be liable for any deficiency, cost, handling charges and the expenses of both sales and the commissions on both sales; (e) to offset the full purchase price against any amount owed by Art Historie LLC to the buyer; (f) to not allow any bids at any upcoming auctions by or on behalf of the buyer; and (h) to take other actions as Art Historie LLC find necessary and appropriate. The buyer grants Art Historie LLC a security interest in any property in Art Historie LLC possession which is owned by such buyer and Art Historie LLC is authorized to hold such property as collateral security for such buyer's obligations. Buyer shall be liable to Art Historie LLC for all other charges incurred as a result of buyer's non-payment, including attorney fees, expenses and incidental damages. As between Art Historie LLC and Consignor, if the successful bidder does not pay for the property, collection procedures shall be the responsibility of the Consignor and not Art Historie LLC. 17. Packing and Shipping. Shipping arrangements are the buyer's responsibility and expense. If needed, a list of shippers is available on your Liveauctioneers invoice, in these terms and conditions or from Art Historie LLC. Art Historie LLC is not responsible for damage or breakage which may occur during packing and handling and shipping by your chosen shipper and/or packer of your purchased lots, whether or not recommended by Art Historie LLC. Handling, packing and shipping of purchased lots is at the entire risk of the buyer and all claims should be filed with your chosen shipper/packer. 18. Limited Right of Rescission. If within twenty-one days of the sale of any lot, the buyer gives notice in writing to Art Historie LLC alleging that the identification of authorship (as defined in the catalog Glossary and set forth in the heading in quotation marks in the auction catalog) of such lot as set forth in the catalog description of such lot (as amended by any written notices or verbal announcements during the sale) is not substantially correct based on a fair reading of the catalog, and (b) if within fourteen days of such notice the buyer returns the lot to Art Historie LLC in the same condition as when sold, and (c) establishes the written allegations to Art Historie LLC satisfaction (including by providing one or more written opinions by recognized experts in the field, as Art Historie LLC may reasonably require), then the sale will be rescinded with only the purchase price and buyer's premium refunded. No reimbursement shall be made for any shipping costs incurred. If, prior to receiving such notice from the original buyer alleging such defect, Art Historie LLC has paid the Consignor monies owed to him in connection with this sale, Art Historie LLC agrees to refund only the buyer's premium and applicable sales taxes paid. Consignor agrees to refund any payments made to Consignor for such property. In the event the Consignor refuses to refund the payments, Art Historie LLC may disclose the identity of the Consignor and assign to buyer Art Historie LLC's rights against the Consignor with respect to the lot the sale of which is sought to be rescinded. Upon such disclosure and assignment, any liability of Art Historie LLC as Consignor's agent with respect to the said lot shall automatically terminate. 19. Limitation of Liability. If, for any reason a purchased lot cannot delivered in the same condition as at the time of sale, or should any purchased lot be stolen, mis-delivered or lost prior to delivery, Art Historie LLC shall not be liable for any amount in excess of that paid by the buyer. 20. Governing Law and Jurisdiction. The Conditions of Sale, as well as the buyer's, Consignor's and Art Historie LLC s' respective rights and obligations shall be governed, construed and enforced in accordance with the laws of the State of Maine. All persons participating in any auction sale, whether as bidder or consignor, whether present in person or by agent, or by absentee bid, order bid, telephone, internet or other means, consent to the exclusive jurisdiction of the state courts located in Piscataquis County, Maine, and if applicable, of the federal court located in Bangor, Penobscot County, Maine. 21. Severability. If any part of the 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 of the law.