Lot Number: Lowest
24
Auction Details
Bid Increments
PriceBid Increment
$0$10
$100$25
$500$50
$1,000$100
$3,000$250
$5,000$500
$10,000$1,000
$30,000$2,500
$50,000$5,000
$100,000$10,000
Preview
Previews at 204 North Union Street, and at 333 North Main Street, Lambertville, New Jersey, 08530
April 5 - 11, 2008, from 10am to 6pm, or by appointment
April 12 - 13, 2008, from 9am to 5pm
Preview online on our website.
333 North Main Street
Lambertville, NJ 08530
USA
Buyer's Premium
- 22.5% up to $500,000.00
- 17% above $500,000.00
Terms & Conditions
TERMS OF SALE
SOLLO RAGO Modern Auctions
609-397-9374 (p) / 609-397-9377 (f)
(Hereafter referred to as "the Auction House")
All bidders are responsible for reading and understanding these Terms of
Sale, as well as any supplemental notices. If you have any questions
after having read the Terms of Sale, please contact the C.E.O., Miriam
Tucker, at mtucker@ragoarts.com or 609.397.9374, extension 241.
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 other communications by any employee of the
Auction House is intended to be binding, and such communications are
made for informational purposes only. By bidding at the auction the
buyer and all bidders agree to be bound by these terms or those changed
and supplemented, whether bidding in person, through a representative,
by phone, by internet, or other absentee bid.
Upon the announcement by the auctioneer, the successful bidder becomes
the buyer and is immediately responsible for the amount of the
successful bid, the buyer's premium, applicable taxes, and other charges
provided for in the Terms of Sale. The thirty (30) day warranty shall
commence on the date of sale and continue to run without any tolling
even if the Buyer within that thirty (30) day period 1) fails to inspect
or pay, 2) requests delay in shipment, 3) provides incorrect shipping
address or information or 4) is unavailable to receive shipment. Sales Results: Results will be available by phone and on our website.
Sales results will be available no earlier than 2 p.m.
on our 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. The Auction House retains all rights to copyright and other intellectual
property contained in this catalogue.
2. Buyer's Premium, Purchase Price, Taxes, and Billing
Buyer's Premium/Purchase Price: Except for property purchased on eBay
Live Auctions, a buyer's premium in the amount of 20% of the successful
high bid will be added to the amount of the successful bid price
regardless of payment method. (22.5% for items purchased on eBay Live
Auctions.) All bidding at auction and all purchases will be in U.S. Dollars.
Taxes: Applicable taxes shall include New Jersey sales tax (7%), 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 bidders will be sent invoices by mail or e-mail
the week after the auction.
- 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.
3. Methods of Payment and Fees
Cash (In House Only). Check. Bank 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
day we mail the invoice, we will have no choice
but to place an NPB on the Buyer's account. If payment is not received
within thirty (30) days of sale, the Auction House reserves the right to
impose from the date of sale a late charge of 1 1/2% a month of the
total purchase price and deny all future credit.
4. Warranties and Guarantees
- All items are served "As-Is, Where-Is," except as expressly stated
otherwise in the following paragraph:
All information in the catalogue concerning authenticity is guaranteed
for a period of thirty (30) days from the date of sale. In that time,
prior to payment to the consignor of the work, the Auction House will
allow the buyer to submit, at his own expense, an opinion in writing
from a recognized expert, approved by the Auction House and the
purchaser, regarding authenticity. 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 thirty (30) day time
frame. Should the buyer not do so, or should the buyer request the
auction house to delay shipment, should he give an incorrect shipping
address, or be unavailable to receive shipment, the thirty (30) day
warranty shall still apply. If the Auction House has paid the consignor
the amounts due consignor as a result of the sale, the Auction House
will (i) refund to the buyer the amount of the buyer's premium and
applicable taxes received from the buyer, and (ii) make written demand
upon the consignor for the payment of the balance of the purchase price.
If the consignor fails to honor the written demand for a refund of the
balance of the purchase price, the Auction House shall furnish buyer the
name and address of the consignor, and shall assign to buyer all of the
Auction House's rights for the return of the balance of the purchase
price of the affected lot. Upon this disclosure and assignment, the
Auction House shall have no further liability to buyer or responsibility
to pursue the buyer's claim. The Auction House will extend reasonable
cooperation to buyer, provided that such cooperation does not require
out-of-pocket expenditures by the Auction House. This limited right of
rescission is available only to the original buyer and may not be relied
upon by any heir, agent, transferee, assign, or other third party or
assigned to any subsequent transferee of the Property which gives rise
to the claim.
- All measurements are approximate.
- This Warranty does not cover normal wear on furniture.
- This Warranty does not cover flakes, surface scratches, or
manufacturing flaws in glass or ceramics.
- The description of clocks and lighting devices, whether in catalogues
or condition reports, may be incomplete and not identify every
mechanical replacement, repair, or defect. The absence of reference to
the condition of a clock or lighting device does not imply it to be in
working condition or without defects, repairs, restorations, or
replacement parts.
- The description of jewelry, whether in catalogues, condition reports,
or any other form, is rendered as opinion, including, but not limited
to, specialist opinion as to authenticity, the enhancement or treatment
of gemstones, the weight of gemstones, the country of origin, the
authorship or origin (manufacture) of an item, its period (or c.) or the
authenticity of its marks. No warranty is made that any watch is in
working condition or without defects, restorations, or working parts.
Buyers are advised to check watch works prior to auction.
- This Warranty does not cover any description that states there is a
conflict of specialist opinion; any description that states (or is
bracketed in a section described as) "as-is" or "not guaranteed."
- This Warranty does not cover any typographical errors.
- This disclaimer of liability on our part applies whether the
information is included in the catalogue, advertisements, announcements,
or communicated through our representatives, bills of sale, or
elsewhere, and whether written or oral.
- No Warranty of Reproduction: Neither the consignor nor we make 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.
- The Auction House makes no warranties, express or implied, as to the
merchantability or fitness for purpose except as otherwise expressly
stated in these Terms of Sale.
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 will 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 118, at least three (3)
business days prior to the auction. A letter from your bank, presented
before the sale, may also be accepted, at our discretion, although we
will retain your purchase(s) until the check clears. If you are
successful and do not remit payment within thirty (30) days, the balance
will be charged to your credit card together with such charges set forth
in these terms of sale. 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 its discretion to
be or have been disruptive of the bidding or auction process, or
otherwise deemed affect the integrity of the process.
6. Bidding Increments
$10 until $100 is reached
$25 until $500 is reached
$50 until $1,000 is reached
$100 until $3,000 is reached
$250 until $5,000 is reached
$500 until $10,000 is reached
$1,000 until $30,000 is reached
$2,500 until $50,000 is reached
$5,000 until $100,000 is reached
$10,000 over $100,000
- 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 $500-$750, with no reserve, will
normally open at $250. If there are two absentee bids for $400 and $600,
the lot must sell for $425, even if there is no further bidding from the
phone, later absentee ballots, internet, or from the live audience. In
such a case, we will open the bidding at close to the low estimate.)
- 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.
Absentee bids are requested by no later than 6:00 p.m. on the business
day before the auction. If you fax your absentee bids, please call us to
confirm receipt. All absentee bidding is handled as though you are in
attendance. We buy all designated lots for you one bidding increment
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 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 these bids at all.) 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 any other means,
it is solely your responsibility to cancel any or all absentee bids
prior to the start of the auction.
8. Telephone Bids
Lines are available on a first-come, first-served basis - please reserve
as soon as you are able. We want to hear from you no later than 12 noon
on the business day before the auction. Please call to set up all phone
line requests. Do not fax phone line requests. Determine the lots on
which you most want to bid before calling and reserving the lines. If
you need condition reports, please request and review them prior to
reserving phone lines. We will call you at one phone number ONLY during
the auction. If you are unsure of where you or your agent will be during
the sale, we recommend you leave absentee bids. 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. Your phone number and lots will be confirmed
the day before the auction. Please do not change your phone number after
your phone lines have been confirmed; if you do, the Auction House
reserves the right to not allow you to bid by telephone in that auction
and will not be responsible for any breakdown in communications. We
strongly recommend land lines, as, to date, they are more reliable than
cellular phones. One of the reasons people bid by phone is to monitor
how much they're spending. If you bid by phone, you should be willing to
bid to the low estimate should the bidding go that far. You may,
however, leave absentee bids for any amount. Bids are placed on the
telephone at the discretion of the Auction House and at the caller's
risk. 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. If you place absentee bids with the Auction House, eBay Live
Auctions or Live Auctioneers and also bid in person, by phone or any
other means, it is solely your responsibility to cancel any or all
absentee bids prior to the start of the auction. If you do not or
cannot, regardless of reason, you will be held responsible for the
property's purchase.
9. Internet Bids
The Auction House has engaged the services of eBay Live Auctions and
Live Auctioneers as a service for its clients who wish to bid and buy
online. 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.
If you place absentee bids with the Auction House, eBay Live Auctions or
Live Auctioneers and also bid in person, by phone or any other means, it
is solely your responsibility to cancel any or all absentee bids prior
to the start of the auction. If you do not or cannot, regardless of
reason, you will be held responsible for the property's purchase. 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 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, d)
exclude any bidder from the premises and e) otherwise regulate the
bidders, 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. 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. They 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. Condition Reports
Condition reports are rendered as specialist opinion by the staff of the
Auction House and/or independent consultants and not as statements of
fact. We do not guarantee the content of written or verbal condition
reports. If you would like condition reports for items in the sale,
please call (609) 397-9374. Our specialists will respond to requests as
quickly as possible. Otherwise, please fax/mail the condition report
form. You will be called prior to 5:30 p.m. on the day before the
auction. Please be patient. We get many requests and we make every
effort to respond to all of them in a timely fashion. The Auction House
is not liable or responsible for any errors or failure to do so.
15. Rescission by Buyer
All items are served 'As-Is, Where-Is,' except as expressly stated
otherwise in Paragraph 4. Buyer acknowledges and expressly agrees that
the provisions of this Paragraph state the sole and exclusive remedy
available to a buyer in the event of non-conformity in Property
purchased. The buyer understands and agrees that the exclusive remedy
for any breach of the warranty shall be a rescission of the sale and a
refund of the original purchase price (bid plus buyer's premium), as
well as any applicable taxes paid. Neither the Auction House nor its
Consignor shall be liable for damages beyond the remedy expressly
provided for herein, 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.
16. 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.
17. 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 immediately 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 the
purchased Property immediately and remove it from the premises of the
Auction House. We are not responsible for any damage or loss on property
purchased but not removed from premises. If the purchased Property is
not removed within thirty (30) days of the sale, 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. Those who choose to pick up their property from the
Auction House following the sale must call 24 hours in advance to
arrange pick-up. Normal pick-up hours are Monday-Friday, 9:00 a.m. -
5:00 p.m., excepting the hour between 12:00 and 1:00 p.m. Property
purchased and left at the auction house for 90 days will be sold or
donated for you.
- Packing and Shipping: The buyer is responsible for the shipment of all
purchased Property. As a convenience to the buyer, the Auction House
will, if requested, give your property to Masterpiece Shipping in
Buckingham, PA. This company will pack and ship or arrange shipment for
you via UPS, FedEx or other carrier, fully insured, for a fee payable in
advance by credit card. Shipments are made within a few days after
payment has been received. (If you have any shipping preference for any
reason, please make sure your shipper carries insurance. We are not
responsible for any damage or loss that occurs while your objects are in
another's care. We will also not be responsible for any damage or loss
that occurs if you choose a shipping method that we have advised against
and we will require a waiver from you acknowledging this.) All
international customs, duties, and other tariffs are the responsibility
of the Buyer. The Auction House and Masterpiece Shipping will declare
the selling price as the value in all cases. Shipping larger items:
Larger items are objects such as furniture, andirons, floor vases, or
any other item whose safe packing will exceed the limits of common
carriers. The Auction House can arrange delivery by freight almost
anywhere in the United States, fully insured, for a fee. The delivery of
large, heavy, or expensive objects is not an inexpensive proposition and
we urge you to consider this before bidding. We will work with any
shipper of your choosing.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
Taxes
Local Taxes Apply
University Archives Online Auctions by:
TOP