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Optical & Geometrical Collection Important Paintings & Sculptures4.29.2017

Live auction
Apr 29
Set Reminder
Auction Description

Fine Art Auctions Miami (FAAM) is pleased to host its annual Spring auction entitled "Optical and Geometrical Collection - Important Paintings and Sculptures from the 20th Century", which will be held on April 29, 2017 at 5pm (EST) at The Moore Building, in the heart of the Miami Design District.

Auction Information

Terms & Conditions

AUCTIONEER AND AUCTION

1. This Auction is presented by Fine Art Auctions Miami, LLC. (FAAM) as

identified with the applicable licensing information on the title page of the

catalogue. The Auction is conducted under these Terms and Conditions of

Auction and applicable state and local law. Announcements and corrections

from the podium and those made through the Terms and Conditions of

Auctions appearing on the Internet at FAAMiami.com supersede those in the

printed catalogue.

BUYER’S PREMIUM

2. On bids placed through Auctioneer, a Buyer’s Premium of 25 percent (25%)

will be added to the successful hammer price bid on each lot up to and

including $50,000, 20% from %50,001 to $1,000,000 and 15% from $1,000,001

in all Auctions. There is a minimum Buyer’s Premium of $25 per lot. For online

auctions and online timed auctions a live fee of 5% is applicable.

AUCTION VENUES

3. FAAM, LLC accepts bids from the Internet, telephone, fax, or mail first,

followed by a floor bidding session; and real-time telephone bidding are

available to registered clients during these auctions.

BIDDERS

4. Any person participating or registering for the Auction agrees to be bound

by and accepts these Terms and Conditions of Auction (“Bidders(s)”).

5. All Bidders must meet Auctioneers qualifications to bid. Any Bidder who

is not a client in good standing of the Auctioneer may be disqualified at

Auctioneer’s sole option and will not be awarded lots. Such determination

may be made by Auctioneer in its sole and unlimited discretion, at any time

prior to, during, or even after the close of the Auction. Auctioneer reserves the

right to exclude any person from the auction.

6. If an entity places a bid, then the person executing the bid on behalf of the

entity agrees to personally guarantee payment for any successful bid.

CREDIT

7. Bidders who have not established credit with the Auctioneer must either

furnish satisfactory credit information (including two collectibles-related

business references) well in advance of the Auction or supply valid credit card

information. Bids placed through our Interactive Internet program will only

be accepted from pre-registered Bidders; Bidders who are not members of

FAAM, LLC or affiliates should pre-register at least 48 hours before the start

of the first session granted at the discretion of the Auctioneer. Additionally

Bidders who have no previously established credit or who wish to bid in

excess of their established credit history may be required to provide their

social security number or the last four digits thereof to us so as credit check

may be performed prior to Auctioneer’s acceptance of a bid.

BIDDING OPTIONS

8. Bids in Auction may be placed as set forth in the printed catalog section

entitled “Choose your Bidding Method.”

9. Presentment of Bids: Non-Internet bids (including but not limited to

podium, fax, phone and mail bids) are treated similar to floor bids in that they

must be on-increment or at a half increment (called a cut bid). Any podium,

fax, phone, or mail bids that do not conform to a full or half increment will

be rounded up or down to the nearest fill or half increment and this revised

amount will be considered your high bid.

10. Auctioneer’s execution of certain high bids. Auctioneer cannot be

responsible for your errors in bidding, so carefully check that every bid is

entered correctly. When identical mail or FAX bids are submitted, preference

is given to the first received. To ensure the greatest accuracy, your written

bids should be entered on the standard printed bid sheet and be received at

Auctioneer’s place of business at least two business days before the Auction

start. Auctioneer is not responsible for executing mail bids or FAX bids

received on or after the day the first lot is sold, nor Internet bids submitted by

telephone, mail, FAX, e-mail, Internet, or in person once the Auction begins.

Bids placed electronically via the Internet may not be withdrawn until your

written request is received and acknowledged by the Auctioneer (FAX: 305-

573-4245); such requests must state the reason, and may constitute grounds

for withdrawal of bidding privileges. Lots won by mail Bidders will not be

delivered at the Auction unless prearranged.

11. Caveat as to Bid Increments. Bid increments (over the current bid level)

determine the lowest amount you may bid on a particular lot. Bids greater than

one increment over the current bid can be any whole dollar amount. It is possible

under several circumstances for winning bids to be between increments,

sometimes only $1 above the previous increment. Bids will be accepted in whole dollar amounts only. No “buy” or “unlimited” bids will be accepted.

The following Chart governs current bidding increments.

12. If Auctioneer calls for a full increment, a bidder may request Auctioneer

to accept a bid at half of the increment (“Cut Bid”) only once per lot. After

offering a Cut Bid, bidders may continue to participate only at full increments.

Off-increment bids may be accepted by the Auctioneer at Auctions. If the

Auctioneer solicits bids other than the expected increment, these bids will

not be considered Cut Bids.

CONDUCTION THE AUCTION

13. A “Minimum Bid” is an amount below which the lot will not sell. THE

CONSIGNOR OF PROPERTY MAY PLACE WRITTEN “Minimum Bids” ON HIS

LOTS IN ADVANCE OF THE AUCTION; ON SUCH LOTS, IF THE HAMMER PRICE

DOES NOT MEET THE “Minimum Bid”, THE CONSIGNOR MAY PAY A REDUCED

COMMISSION ON THOSE LOTS. “Minimum Bids” are generally posted online

several days prior to the Auction closing. For any successful bid placed by a

consignor on his Property on the Auction floor, or by any means during the live

session, or after the “Minimum Bid” for an Auction have been posted, we will

require the consignor to pay full Buyer’s Premium and Seller’s Commissions

on such lot.

14. The highest qualified Bidder recognized by the Auctioneer shall be by the

Buyer. In the event of a tie bid, the earliest received or recognized wins. In

the event of any dispute between any Bidders at an Auction, Auctioneer may

at his sole discretion reoffer the lot. Auctioneer’s decision and declaration of

the winning Bidder shall be final and binding upon all Bidders. Bids properly

offered, whether by floor Bidder or other means of bidding, may on occasion

be missed or go unrecognized; in such cases, the Auctioneer may declare

the recognized bid accepted as the winning bid, regardless of whether a

competing bid may have been higher.

15. Auctioneer reserves the right to refuse to honor any bid or to limit the

amount of any bid, in its sole discretion. A bid is considered not made in “Good

Faith” when made by an insolvent or irresponsible person, a person under

the age of eighteen, or is not supported by satisfactory credit, collectibles

reference, or otherwise. Regardless of the disclosure of his identity, any bid

by a consignor or his agent on a lot consigned by him is deemed to be made

in “Good Faith.” Any personal apparently appearing on the OFAC list is not

eligible to bid.

16. Nominal Bids. The Auctioneer in its sole discretion may reject nominal

bids, small opening bids, or very nominal advances. If a lot bearing estimates

fails to open for 40-60% of the low estimate, the Auctioneer may pass the item

or may place a protective bid on behalf of the consignor.

17. Lots bearing bidding estimates shall open at Auctioneer’s discretion

(approximately 50-60% of the low estimate). In the event that no bid meets or

exceeds that opening amount, the lot shall pass as unsold.

18. All items are to be purchased per lot as numerically indicated and no lots

will be broken. Auctioneer reserves the right to withdraw, prior to the close,

any lots from the Auction.

19. Auctioneer reserves the right to rescind the sale in the event of

nonpayment, breach of a warranty, disputed ownership, auctioneer’s clerical

error or omission in exercising bids and reserves, or for any other reason in

Auctioneer’s sole discretion. In cases of nonpayment, Auctioneer’s election to

void a sale does not relieve the Bidder from their obligation to pay Auctioneer

its fees (seller’s and buyer’s premium) and any other damages or expenses

pertaining to the lot.

20. Auctioneer occasionally experiences Internet and/or server service

outages, and Auctioneer periodically schedules system downtime for

maintenance and other purposes, during which Bidders cannot participate

or place bids. If such outages occur, we may at our discretion extend bidding

for the Auction. Bidders unable to place their Bids through the Internet are

directed to contact Client Services.

21. The Auctioneer, its affiliates, or their employees consign items to be

sold in the Auction, and any bid on those lots or any other lots. Auctioneer or affiliates expressly reserve the right to modify any such bids at any time

prior to the hammer based on upon data made known to the Auctioneer or

its affiliates. The Auctioneer may extend advances, guarantees, or loans to

certain consignors.

22. The Auctioneer has the right to sell certain unsold items after the close

of the Auction. Such lots shall be considered sold during the Auction and all

these Terms and Conditions shall apply to such sales including but not limited

to the Buyer’s Premium, return rights, and disclaimers.

PAYMENT

23. All sales are strictly for cash in United States dollars (including U.S>

currency, bank wire, cashier checks, travelers checks, and bank money orders,

all subject to reporting requirements). All are subject to clearing and funds

being received in Auctioneer’s account before delivery of the purchases.

Auctioneer reserves the right to determine if a check constitutes “good funds”

when drawn on a U.S. bank for ten days, and thirty days when drawn on an

international bank. Credit Card (Visa, Master Card, American Express, Discover,

JCB, Union Pay) and PayPal payments may be accepted up to $10,000 from

non-dealers at the sole discretion of the Auctioneer, subject to the following

limitations: a) sales are only to the cardholder, b) purchases are shipped to

the cardholder’s registered and verified address, c) Auctioneer may preapprove

the cardholder’s credit line, d) a credit card transaction may not be

used in conjunction with any other financing or extended terms offered by

the Auctioneer, and must transact immediately upon invoice presentation, e)

rights of return are governed by these Terms and Conditions, which supersede

those conditions promulgated by the card issuer, f ) floor Bidders must present

their card. All credit card payments are subject to a fee of up to 3.5%.

24. Payment is due upon closing of the Auction session, or upon presentment

of an invoice. Auctioneer reserves the right to void an invoice if payment in

full is not received within 7 days after the close of the Auction. In cases of

nonpayment, Auctioneer’s election to void a sale does not relieve the Bidder

from their obligation to pay Auctioneer its fees (seller’s and buyer’s premium)

on the lot and any other damages pertaining to the lot.

25. Lots delivered to you, or your representative in the State of Florida, New

York or other states where the Auction may be held, are subject to all applicable

state and local taxes, unless appropriate permits are on file with Auctioneer.

Bidder agrees to pay Auctioneer the actual amount of tax due in the event

that sales tax is not properly collected due to: 1) an expired, inaccurate,

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 an verified by Auctioneer five days prior to

Auction or tax must be paid; only if such form or certificate is received by

Auctioneer within 4 days after the Auction can a refund of tax paid e made.

Lots from different Auctions may not be aggregated for sales tax purposes.

26. In the event that a Bidder’s payment is dishonored upon presentment(s),

Bidder shall pay the maximum statutory processing fee set by applicable state

law. If you attempt to pay via eCheck and your financial institution denies

this transfer from your bank account, or the payment cannot be completed

using the selected funding source, you agree to complete payment using

your credit card on file.

27. If any Auction invoice submitted by Auctioneer is not paid in full when

due, the unpaid balance will bear interest at the highest rate permitted by

law from the date of invoice until paid. Any invoice not paid when due will

bear a three percent (3%) late fee on the invoice amount or three percent

(3%) of any installment that is past due. IF the Auctioneer refers any invoice

to an attorney for collection, the buyer agrees to pay attorney’s fees, court

costs, and other collection costs incurred by Auctioneer. If Auctioneer assigns

collection to its in-house legal staff, such attorney’s time expended on the

matter shall be compensated at a rate comparable to the hourly rate of

independent attorneys.

28. In the event a successful Bidder fails to pay any amount due, Auctioneer

reserves the right to sell the lot(s) securing the invoice to any under bidders in

the Auction that the lot(s) appeared, or at subsequent private or public sale,

or relist the lot(s) in a future auction conducted by Auctioneer. A defaulting

Bidder agrees to pay for the reasonable costs of resale (including a 10%

seller’s commission, if consigned to an auction conducted by Auctioneer).

The defaulting Bidder is liable to pay any difference between his total original

invoice for the lot(s), plus any applicable interest, and the net proceeds for the

lot(s) if sold at private sale or the subsequent hammer price of the lot(s) less

the 10% seller’s commission, if sold at an Auctioneer’s auction.

29. Auctioneer reserves the right to require payment in full in good funds

before delivery of the merchandise.

30. Auctioneer shall have a lien against the merchandise purchased by the

buyer to secure payment of the Auction invoice. Auctioneer is further granted a lien and the right to retain possession of any other property of the buyer

then held by the Auctioneer or its affiliates to secure payment of any Auction

invoice or any other amounts due the Auctioneer or affiliates from the buyer.

With respect to payment of the Auction invoice(s), the buyer waives any

and all rights of offset he might otherwise have against the Auctioneer and

the consignor of the merchandise included on the invoice. If a Bidder owes

Auctioneer or its affiliates on any account, Auctioneer and its affiliates shall

have the right to offset such unpaid account by any credit balance due Bidder,

and it may secure possession lien any unpaid amount by any of the Bidder’s

property in their possession.

31. Title shall not pass to the successful Bidder until all invoices are paid in full.

It is the responsibility of the buyer to provide adequate insurance coverage

for the items once they have been delivered to a

common carrier or third-party shipper.

CATALOGING, WARRANTIES, AND DISCLAIMERS

38. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT

TO ANY DESCRIPTION CONTAINED IN THIS AUCTION OR ANY SECOND OPINE.

Any description of the items or second opine contained in this Auction is

for the sole purpose of identifying the items for those Bidders who do not

have the opportunity to view the lots prior to bidding, and no description

of items has been made part of the basis of the bargain or has created any

express warranty that the goods would conform to any description made

by Auctioneer. Color variations can be expected in any electronic or printed

images, and are not grounds for the return of any lot. NOTE: Auctioneer, in

specified auction venues, for example, Fine Art, may have express written

warranties and you are referred to those specific terms and conditions.

39. Auctioneer is selling only such right or title to the items being sold as

Auctioneer may have by virtue of consignment agreements on the date

of auction and disclaims any warranty of title to the Property. Auctioneer

disclaims any warranty of merchantability or fitness for any particular purposes.

All images, descriptions, sales data, and archival records are the exclusive property of Auctioneer, and may be used by Auctioneer for advertising,

promotion, archival records, and any other uses deemed appropriate.

40. Translations of foreign language documents may be provided as a

convenience to interested parties. Auctioneer makes no representation as to

the accuracy of those translations and will not be held responsible for errors

in bidding arising from inaccuracies in translation.

41. Auctioneer disclaims all liability for damages, consequential or otherwise,

arising out of or in connection with the sale of any Property by Auctioneer to

Bidder. No third party may rely on any benefit of these Terms and Conditions

and any rights, if any, established hereunder are personal to the Bidder and

may not be assigned. Any statement made by the Auctioneer is an opinion

and does not constitute a warranty or representation. No employee of

Auctioneer may alter these Terms and Conditions, and, unless signed by a

principal of Auctioneer, any such alteration is null and void.

42. Auctioneer shall not be liable for breakage of glass or damage to frames

(patent or latent); such defects, in any event, shall not be a basic for any claim

for return or reduction in purchase price.

RELEASE

43. In consideration of participation in the Auction and the placing of a bid,

Bidder expressly released Auctioneer, its officers, directors, and employees,

its affiliates, and its outside experts that provide second opines, from any and

all claims, cause of action, chose of action, whether at law or equity or any

arbitration or mediation rights existing under the rules of any professional

society or affiliation based upon the assigned description, or a derivative

theory, breach of warranty express or implied, representation or other matter

set forth within these Terms and Conditions of Auction or otherwise. In the

event of a claim, Bidder agrees that such rights and privileges conferred

therein are strictly construed as specifically declared herein; e.g., authenticity,

typographical error, etc. and are the exclusive remedy. Bidder, by noncompliance

to these express terms of a granted remedy, shall waive any claim

against Auctioneer.

44. Notice: Some Property sold by Auctioneer are inherently dangerous e.g.

firearms, cannons, and small items that may be swallowed or ingested or may

have latent defects all of which may cause harm to a person. Purchaser accepts

all risk of loss or damage from its purchase of these items and Auctioneer

disclaims any liability whether under contract or tort for damages and losses,

direct or inconsequential, and expressly disclaims any warranty as to safety or

usage of any lot sold.

DISPUTE RESOLUTION AND ARBITRATION PROVISION

45. By placing a bid or otherwise participating in the auction, Bidder accepts

these Terms and Conditions of Auction, and specifically agrees to the dispute

resolution provided herein. Consumer disputes shall be resolved through

court litigation which has an exclusive Miami, Florida venue clause and jury

waiver. Non-consumer disputes shall be determined in binding arbitration

which arbitration replaces the right to go to court, including the right to a

jury trial.

46. Auctioneer in no event shall be responsible for consequential damages,

incidental damages, compensatory damages, or any other damages arising or

claimed to be arising from the auction of any lot. In the event that Auctioneer

cannot deliver the lot or subsequently it is established that the lot lacks title,

or other transfer of condition issue is claimed, in such cases the sole remedy

shall be limited to rescission of sale and refund of the amount paid by Bidder;

in no case shall Auctioneer’s maximum liability exceed the high bid on that

lot, which bid shall be deemed for all purposes the value of the lot. After

one year has elapses, Auctioneer’s maximum liability shall be limited to any

commissions and fees Auctioneer earned on that lot.

47. In the event of an attribution error, Auctioneer may at its sole discretion,

correct the error on the Internet, or, if discovered at a later date, to refund the

buyer’s purchase price without further obligation.

48. Dispute Resolution for Consumers and Non-Consumers: Any claim,

dispute, or controversy in connection with, relating to and/or arising out of the

Auction, participation in the Auction, award of lots, damages of claims to lots,

descriptions, condition reports, provenance, estimates, return and warranty

rights, any interpretation of these Terms and Conditions, any alleged verbal

modification of these Terms and Conditions and/or any purported settlement

whether asserted in contract, tort, under Federal or State statute or regulation

shall or any other matter: a) if presented by a consumer be exclusively heard

by, and the parties consent to, exclusive in personam jurisdiction in the

State District Courts of Miami-Dade County, Florida. THE PARTIES EXPRESSLY

WAIVE ANY RIGHT TO TRIAL BY JURY. Any appeals shall be solely pursued in

the appellate courts of the State of Florida or b) for any claimant other than

a consumer, the claim shall be presented in confidential binding arbitration before a single arbitrator, that the parties may agree upon, selected from the

mediator list of Florida. The case is not to be administrated by mediators;

however, if the parties cannot agree on an arbitrator, then mediators shall

appoint the arbitrator and it shall be conducted under mediator’s rules. The

locale shall be Miami, Florida. The arbitrator’s award may be enforced in

any court of competent jurisdiction. Any claim must be brought within one

(1) year of the alleged breach, default or misrepresentation or the claim is

waived. This agreement and any claims shall be determined and construed

under Florida law. The prevailing party (party that is awarded substantial)

and material relief on its claim or defense) may be awarded its reasonable

attorneys’ fees and costs.

49. No claims of any kind can be considered after the settlements have been

made with the consignors. Any dispute after the settlement date is strictly

between the Bidder and consignor without involvement or responsibility of

the Auctioneer.

50. In consideration of their participation in or application for the Auction,

a person or entity (whether the successful Bidder, a Bidder, a purchaser

and/or other Auction participant or registrant) agrees that all disputes in

any way relating to, arising under, connected with, or incidental to these

Terms and Conditions and purchases, or default in payment hereof, shall be

arbitrated pursuant to the arbitration provision. In the event that any matter

including actions to compel arbitration, construe the agreement, actions

in aid or arbitration or otherwise needs to be litigated, such litigation shall

be exclusively in the Courts of the State of Florida, in Miami-Dade County,

Florida, and if necessary the corresponding appellate courts. For such actions,

the successful Bidder, purchaser, or Auction participant also expressly submits

himself to the personal jurisdiction of the State of Florida.

51. These Terms & Conditions provide specific remedies for occurrences in the

auction and delivery process. Where such remedies are afforded, they shall be

interpreted strictly. Bidder agrees that any claim shall utilize such remedies;

Bidder making a claim in excess of those remedies provided in these

Terms and Conditions agrees that in no case whatsoever shall Auctioneer’s

maximum liability exceed the high bid on that lot, which bid shall be deemed

for all purposes the value of the lot.

MISCELLANEOUS

52. Agreements between Bidders and consignors to effectuate a non-sale of

an item at Auction, inhibit bidding on a consigned item to enter into a private

sale agreement for said item, or to utilize the Auctioneer’s Auction to obtain

sales for non-selling consigned items subsequent to the Auction, are strictly

prohibited. If a subsequent sale of a previously consigned item occurs in

violation of this provision, Auctioneer reserves the right to charge the Bidder

the applicable Buyer’s Premium and consignor a Seller’s Commission as

determined for each auction venue and by the terms of the Seller’s agreement.

53. Acceptance of these Terms and Conditions qualifies Bidders as a client

who has consented to be contacted by FAAM, LLC in the future. In conformity

with “do-not-call” regulations promulgated by the Federal or State regulatory

agencies, participation by the Bidder is affirmative consent to being contact

at the phone number shown in his application shall remain in effect until

it is revoked in writing. FAAM, LLC may from time to time contact Bidder

concerning sale, purchase, and auction opportunities available through

FAAM, LLC and its affiliates and subsidiaries.

54. Rules of Construction: Auctioneer presents properties in a number

of collectible fields, and as such, specific venues have promulgated

supplemental Terms and Conditions of Auction by these additional rules and

shall be construed to give force and effect to the rules in their entirety.

Fine and Decorative Arts Term A: Limited Warranty

Auctioneer warrants authorship period or culture of each lot sold in this

catalog as set out in the BOLD face type heading in the catalog description of

the lot, with the following exclusions.

This warranty does not apply to:

I. authorship of any paintings, drawings, or sculpture created prior to 1870,

unless the lot is determined to be a counterfeit which has a value at the date

of the claim for rescission which is materially less than

the purchase price paid for the lot; or

II. any catalog description where it was specifically mentioned that there is a

conflict of specialist opinion on the authorship of a lot; or

III. authorship which on the date of sale was in accordance with the then

generally accepted opinion of scholars and specialists, despite the subsequent

discovery of new information, whether historical or physical, concerning the

artist or craftsman, his students, school, workshop or followers; or

IV. the identification of periods or dates of execution which may be proven

inaccurate by means of scientific processes not generally accepted for use

until after publication of the catalog, or which were unreasonably expensive or impractical to use at the time of publication of the catalog. The term

counterfeit is defined as a modern fake or forgery, made less than fifty years

ago with the intent to deceive. The authenticity of signatures, monograms,

initials or other similar indications of authorship is expressly excluded as a

controlling factor in determining whether a work is a counterfeit under the

meaning of these Terms and Conditions of Auction.

FINE AND DECORATIVE ARTS TERM: GLOSSARY OF TERMS

Terms used in this catalog have the following meanings. Please note that

all statements in this catalog, excluding those in BOLD-face type, regarding

authorship, attribution, origin, date, age, provenance, and condition are

statements of opinion and are not treated as a statement of fact.

1. AUGUSTE RENOIR

In our opinion, the work is by the artist.

2. ATTRIBUTED TO AUGUSTE RENOIR

In our opinion, the work is of the period of the artist which may be whole or

in part the work of the artist.

3. STUDIO, (CIRCLE OR WORKSHOP) OF AUGUSTE RENOIR

In our opinion, the work is of the period and closely relates to his style.

4. SCHOOL OF AUGUSTE RENOIR

In our opinion, the work is by a pupil or a follower of the artist.

5. MANNER OF AUGUSTE RENOIR

In our opinion, the work is in the style of the artist is of a later period.

6. AFTER TO AUGUSTE RENOIR

In our opinion, this work is a copy of the artist.

7. ASCRIBED TO AUGUSTE RENOIR

In our opinion, this work is not by the artist, however, previous scholarship has

noted this to be a work by the artist.

8. SIGNED (OR DATED)

The work has a signature (or date) which is in our opinion genuine.

9. BEARS SIGNATURE (OR DATE)

The work has a signature (or date) which in our opinion is not authentic.

FINE AND DECORATIVE ARTS TERM C: PRESENTMENT

The warranty as to authorship is provided for a period of one (1) year from

the date of the auction and is only for the benefit of the original purchaser or

record and is not transferable.

FINE AND DECORATIVE ARTS TERM D

The Auction is not on approval. Under extremely limited circumstances (e.g.

gross cataloging error), not including attributions in BOLD-face type, which

are addressed in Term F below, a purchaser who did not bid from the floor

may request Auctioneer to evaluate voiding a sale; such request must be

made in writing detailing the alleged gross error, and submission of the lot

to Auctioneer must be pre-approved by Auctioneer. A bidder must notify the

appropriate department head (check the inside front cover of the catalog or

our website for a listing of department heads) in writing of the purchaser’s

request within three (3) days of the non-floor bidder’s receipt of the lot. Any

lot that is to be evaluated for return must be received in our offices within 35

days after Auction. AFTER THAT 35-DAY PERIOD, NO LOT MAY BE RETURNED

FOR ANY REASON. Lots returned must be in the same condition as when sold

and must include any Certificate of Authenticity. No lots purchased by floor

bidders (including those bidders acting as agents for others) may be returned.

Late remittance for purchases may be considered just cause to revoke all

return privileges.

FINE AND DECORATIVE ARTS TERM E

The catalog descriptions are provided for identification purposes only. Bidders

who intend to challenge a BOLD-face provision in the description of a lot

must notify Auctioneer in writing within thirty-five (35) days of the Auction’s

conclusion. IN the event Auctioneer cannot deliver the lot or subsequently it

is established that the lot lacks title or the BOLD-face section of description is

incorrect, or other transfer or condition issue is claimed, Auctioneer’s liability

shall be limited to rescission of sale and refund of purchase price. In no case

shall Auctioneer’s maximum liability exceed the successful bid on that lot,

which bid shall be deemed for all purposes the value of the lot. After one year

has elapsed from the close of the Auction, Auctioneer’s maximum liability

shall be limited to any commissions and fees Auctioneer earned on that lot.

FINE AND DECORATIVE ARTS TERM F

Any claim as to authorship, provenance, authenticity, or other matter under

the remedies provided in the Fine Arts Terms and Conditions or otherwise must

be first transmitted to Auctioneer by credible and definitive evidence within

the applicable claim period. Auctioneer, in processing the written claim, may require the Purchaser to obtain the written opinion of two recognized experts

in the field who are mutually accepted by the Auctioneer and Purchaser.

Upon receipt of the two opinions, Auctioneer shall determine whether to

rescind the sale. The Purchaser’s claim must be presented in accord with the

remedies provided herein and is subject to the limitations and restrictions

provided (including within the described time limitations). Regardless of

Purchaser’s submissions there is no assurance after such presentment that

Auctioneer ill validate the claim. Authentication is not an exact science and

contrary opinions may not be recognized by Auctioneer. Even if Auctioneer

agrees with the contrary opinion of such authentication and provides a

remedy within these Terms and Conditions or otherwise, our liability for

reimbursement for bidder’s third party opines shall not exceed $500. The

right of rescission, return, or any other remedy provided in these Terms and

Conditions, or any other applicable law, does not extend to authorship of any

lot which at the date of Auction was in accordance with the then generally

accepted opinion of scholars and specialists, despite the subsequent

discovery of new information, whether historical or physical, concerning the

artist, his students, school, workshop or followers. Purchaser by placing a bid

expressly waives any claim or damage based on such subsequent information

as described herein. It is specifically understood that any refund agreed to by

the Auctioneer would be limited to the purchase price.

FINE AND DECORATIVE ARTS TERM G

Provenance and authenticity, excluding attributions in BOLD-face type, are

guaranteed by neither the consignor nor Auctioneer. While every effort is

made to determined provenance and authenticity, it is the responsibility of

the Bidder to arrive at their own conclusion prior to bidding.

FINE AND DECORATIVE ARTS TERM H

On the fall of the Auctioneer’s hammer, Buyers of Fine Arts and Decorative

Arts lots assume full risk and responsibility for lot, including shipment by

common carrier or third-party shipper, and must provide their own insurance

coverage for shipments.

FINE AND DECORATIVE ARTS TERM I

Auctioneer complies with all Federal and State rules and regulations relating

to the purchasing, registration and shipping of firearms. A purchaser is

required to provide appropriate documents and the payment of associated

fees, if any. Purchaser is responsible for providing a shipping address that is

suitable for the receipt of a firearm.

FAAM, LLC strongly encourages in-person inspections of lots by the Bidder.

While FAAM, LLC is not obligated to provide a condition report of each lot,

Bidders may feel free to contact the department for a Condition Report and

FAAM, LLC will attempt to furnish one, but shall not be liable for failing to do

so. Condition is often detailed online, but is not included in our catalogues.

The Bidder should review online descriptions as the descriptions supersede

catalog descriptions and those condition reports otherwise provided.

Statements by FAAM, LLC regarding the condition of objects are for guidance

only and should not be relied upon as statements of fact, and do not

constitute a representation, warranty, or assumption of liability by FAAM LLC.

All lots offered regardless of condition report are sold “AS IS”.

 

Shipping Information

32. Buyer is liable for shipping and handling. Auctioneer is unable to combine

purchases from other auctions or affiliates into one package for shipping

purposes. Lots won will be shipped in a commercially reasonable time after

payment in good funds for the merchandise and the shipping fees is received

or credit extended, except when third-party shipment occurs.

33. Successful international Bidders shall provide written shipping

instructions, including specified customs declarations, to the Auctioneer for

any lots to be delivered outside of the United States. NOTE: Declaration value

shall be the item(s) hammer price together with its buyer’s premium and

Auctioneer shall use the correct harmonized code for the lot. Domestic Buyers

on lots designated for third-party shipment must designate the common

carrier, accept risk of loss, and prepay shipping costs.

34. All shipping charges will be borne by the successful Bidder. On all domestic

shipments, any risk of loss during shipment will be borne by FAAM, LLC

until the shipping carrier’s confirmation of delivery to the address of record

in Auctioneer’s file (carrier’s information is conclusive to prove delivery to

Bidder; if client has a Signature release on file with the carrier, the package is

considered delivered without Signature) or delivery by FAAM, LLC to Bidder’s

selected third-party shipper. On all foreign shipments, any risk of loss during

shipment will be borne by the Bidder following Auctioneer’s delivery to the

Bidder’s designated common carrier or third-party shipper.

35. Due to the nature of some items sold, it shall be the responsibility for the

successful Bidder to arrange pick-up and shipping through third-parties; as

to such items Auctioneer shall have no liability. Failure to pick-up or arrange

shipping in a timely fashion (within thirty days) shall subject Lots to storage

and moving charges, including $100 administration fee plus $10 daily storage

for larger items and $5 daily for smaller items (storage fee per item) after 35

days. In the event the Lot is not removed within ninety days, the Lot may be

offered for sale to recover any past due storage or moving fees, including a

10% Seller’s Commission.

36. The laws of various countries regulate the import or export of certain

plant and animal properties, including (but not limited to) items made of (or

including) ivory, whalebone, turtle shell, coral, crocodile, or other wildlife.

Transport of suck lots may require special licenses for export, import, or both.

Bidder is responsible for: 1) obtaining all information on such restricted items

for both export and import; 2) obtaining all such licenses and/or permits.

Delay or failure to obtain any such license or permit does not relieve the buyer

of timely compliance with standard payment terms.

37. Any request for shipping verification for undelivered packages must be

made within 30 days of shipment by Auctioneer.