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
Saturday, November 27th through Friday, December 3rd from noon to 5:00 pm or by appointment. Open December 4th at 8:00 am.
333 North Main Street
Lambertville, NJ 08530
USA
Buyer's Premium
- 23% up to $500,000.00
- 18% above $500,000.00
Terms & Conditions
TERMS OF SALE
Rago Arts and Auction Center
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 Miriam Tucker at mtucker@ragoarts.com or 609.397.9374, extension 241.
1.
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 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.
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: Preliminary results will be available online shortly
after each sale at www.ragoarts.com. Final 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.
The Auction House retains all rights to photographs and other
intellectual property contained in this catalogue.
2. 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.
3. Buyer's Premium, Purchase Price, Taxes, and Billing
On every individual lot, a buyer's premium in the amount of 22% of the
successful high bid will be levied up to and including $500,000 and a
buyer's premium of 12% thereafter on any amount in excess of $500,000.
A cash discount of 2% of the buyer's premium will be applied for
property purchased by cash, check, wire transfer or money order if
payment is received within 15 days of sale. This effectively lowers the
buyer's premium to 20%.
A cash discount of 1% of the buyer's premium will be applied for
property purchased by cash, check, wire transfer or money order if
payment is received within 16-30 days of sale. This effectively lowers
the buyer's premium to 21%.
On Live Auctioneers, a buyer's premium in the amount of 23% of the
successful high bid will be levied up to and including $500,000 and a
buyer's premium of 18% thereafter on any amount in excess of $500,000,
regardless of payment method.
Taxes: If you are shipping to a New Jersey address or if you pick up the
lots you have won at our New Jersey location, you must pay the State's
7% sales tax. The only exception is for those who hold a valid resale
license and file the completed New Jersey State Sales Tax Form (New
Jersey Seller's Certificate Form ST3 or Non New Jersey Seller's
Certificate Form ST-3NR) with Rago's at time of payment. 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.
4. Methods of Payment and Fees
Cash. Check. Wire Transfers. Money Order. Visa. MasterCard. Discover.
PayPal.
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 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.
5. 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 within fourteen (14) days of the sale. 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.
The buyer is responsible for the shipment of all purchased property. We
will work with any shipper of your choosing. 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.
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.
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.
6. 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.
7. 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 will furnish buyer the
name and address of the consignor, and 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 will 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.
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 Warranty does not cover 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.
All measurements are approximate.
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.
8. Qualifying to Bid
As a security measure for our consignors and our company, all Buyers
must establish credit. You will be asked to furnish identification and a
valid credit card number, credit references and/or (for absentee, phone
and online bidders) an initial deposit in the form of a
pre-authorization hold equal to 10% of the low estimate of the total
number of lots on which you are bidding. For new bidders bidding on
Asian lots the initial deposit will equal 10% on lots with a combined
low estimate up to $5,000 and 30% on lots with a combined low estimate
of $5,00 and above. If you are acting as another's agent or principal,
we may request a letter of authorization. If you are successful and do
not remit payment as specified, the amount owed will be charged to your
credit card together with such charges set forth in these terms of sale.
If you have any questions, contact Eliane Talec, ext. 118.
Bidding Numbers: All bidders must register and receive a bidding number
from the Auction House prior to bidding at the auction.
9. Bidding Increments
All unreserved bidding starts at 50% of the low estimate unless there
are two or more competing absentee bids in excess of this figure.
The auctioneer has the sole and exclusive power, discretion, and
authority to regulate the bidding and its increments.
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
10. Absentee Bids
Absentee bids are requested by no later than 6:00 p.m. on the business
day before the auction.
We accept absentee bids by phone, by mail, in person, or by fax. 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.
Absentee bids left on Live Auctioneers 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
11. Telephone Bids
Rago's guarantees you a line and a phone agent for bidding until 4 PM on
the day prior to an auction. After that time, we will gladly accept your
absentee bids, even during the auction (up to 30 minutes before a lot
goes on the block). Changes to bid lists left with us prior to the
deadline will always be accommodated as best we can, as will follow-up
phone bids for those who attend/must leave the auction and other
exceptional cases.
Please call to set up all phone line requests. Do not fax phone line
requests. If you need condition reports, please request and review them
prior to reserving phone lines.
We can call you at two phone numbers 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.
Please do not change your phone number after your phone lines have been
confirmed; if you do, the Auction House will not be responsible for any
breakdown in communications. Overseas phone numbers only will be
confirmed the day before the auction.
We do not have the capacity to assign phone agents to clients who want
to listen only or who will not bid the minimum selling price. Therefore,
if you bid by phone, you must be willing to open bidding and bid to
within 2/3 of 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 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.
12. Internet Bids
The Auction House has engaged the services of Live Auctioneers for its
clients who wish to bid and buy online.
Please proceed to liveauctioneers.com for all necessary information on
how to bid and buy online using this system. The user of 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 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 and/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.
13. 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, fax condition report requests to (609)397-9377 or e-mail
them to info@ragoarts.com. Our specialists will respond to requests as
quickly as possible. 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.
14. 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.
15. 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.
16. 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.
17. Rescission by Buyer
All items are served "As-Is, Where-Is," except as expressly stated
otherwise in Paragraph 7. 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.
18. 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.
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
Taxes: If you are shipping to a New Jersey address or if you pick up the lots you have won at our New Jersey location, you must pay the State's 7% sales tax. The only exception is for those who hold a valid resale
license and file the completed New Jersey State Sales Tax Form (New Jersey Seller's Certificate Form ST3 or Non New Jersey Seller's Certificate Form ST-3NR) with Rago's at time of payment. No New Jersey sales tax is charged for purchases shipped out of state.
Condition Report
Condition for each lot is online and given upon request. If you have questions on the condition of any property, we would be glad to provide our opinion. Note that specialist opinions are subjective and not a statement of fact and that all works are sold according to our Terms of Sale. Please note that it is the buyer's responsibility to request and review condition reports if heshe cannot view property in person.
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