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Lot 175: CLARK-FLEMING, BARBARA (1939), CANADIAN

Est: $400 CAD - $600 CADSold:
Miller & Miller Auctions Ltd.New Hamburg, ON, CAApril 07, 2018

Item Overview

Description

Titled, "Lodging on Winter’s Day" verso. Oil-on-board. Signed lower right. 15.5” x 11.75”

Dimensions

15.5” x 11.75”

Artist or Maker

Condition Report

Excellent

Payment & Shipping

Payment

Accepted forms of payment: MasterCard, Paypal, Visa, Wire Transfer

Shipping

Packing & Shipping

• It is the bidder's responsibility to consider shipping, handling & insurance costs when bidding on items.

• Packaging, shipping, and insurance on items will be made available as an added courtesy and cost. We recommend that you arrange insurance for your items immediately upon winning an item. Again, if any employee or agent of Miller & Miller shall pack or transport the merchandise, it is fully at the risk and responsibility and expense of the purchaser. The said agent or employee will not hold Miller & Miller liable for any loss or damage that may be caused.

All applicable charges will be applied. Shipping will be based on actual costs via Canada Post or another carrier. Handling and insurance will vary in cost depending on each invoice. All packages will be shipped with insurance within seven (7) business days after payment is received.

• SHIPPING TERMS - Miller & Miller will ship all items to the buyer at the listed address via Canada Post or other carriers. Any risk of loss or damage to the item(s) during transit by Canada Post or any other carrier, in excess of the insurance provided by or purchased from Miller & Miller, is at the sole risk of the buyer. The buyer through the carrier should purchase additional insurance coverage. The buyer releases Miller & Miller from any and all claims for loss or damage to any item during transit and agrees to pay all costs of defense, including attorney's fees, for any claims brought against Miller & Miller for loss or damage occurring during transit.

• COMBINED SHIPPING - When possible consolidate multiple purchases in the same parcel to reduce shipping costs. However, it is the buyer's responsibility to pay for the shipping cost of every item purchased, as if they were being shipped individually. Combining shipments is an adjustment that takes place when we can determine which items (if any) can safely be shipped together.


• INTERNATIONAL SHIPPING - Miller & Miller is an experienced international shipper. Please understand that we refuse, under any circumstance, to under-declare international purchases. Be aware that your international order may be subject to import charges/duties that not included in our invoiced shipping charge. You will be responsible for these charges if applicable in your country. All shipments will include the invoice with purchase totals including the buyer's premium and shipping cost. If you plan to pick-up your item(s) please notify us immediately and we will deduct the shipping cost from your invoice.

• SHIPPING LARGE ITEMS (FREIGHT) - When items are above a certain weight, length, or volume, it is the bidder's responsibility to arrange 3rd party shipping.

Volumetric size is length + girth = (the longest measurement) + (height x 2) + (width x 2).

As a general rule shipments must be <30 kilograms in weight, under 2m length, under <3 meters in volumetric size

There may be certain shipments that meet these requirements that will still require 3rd party shipping, and we will communicate the reason in those cases

Please see the Canada Post Website for more information at https://www.canadapost.ca/cpotools/apps/far/business/findARate?execution=e1s1

• IF you wish to arrange and alternative shipping you need to notify us seven (7) days in advance with the shipping company name, arrival date and time. The 3rd party-shipping representative must bear a copy of the invoice. Personal pickups must be arranged in advance with Miller & Miller staff. Charges may apply for overtime hours.

• STORAGE FEE - Miller & Miller charges $75/week for any items awaiting pickup for more than 15 days after the auction date.

Auction Details

International Art

by
Miller & Miller Auctions Ltd.
April 07, 2018, 10:00 AM EST

59 Webster St., New Hamburg, ON, N3A 1W8, CA

Terms

Buyer's Premium

20.0%

Bidding Increments

From:To:Increment:
$0$499$25
$500$999$50
$1,000$1,999$100
$2,000$4,999$250
$5,000$9,999$500
$10,000$19,999$1,000
$20,000$49,999$2,000
$50,000$99,999$5,000
$100,000+$10,000

Terms & Conditions

All bidders should read the Terms and Conditions of the Sale before bidding with Miller & Miller Auctions Limited, (later referred to as Miller & Miller). To bid in our sale is to enter into a contract bound by the Terms and Conditions of the Sale. These Terms and Conditions are subject to change by verbal announcement on sale day or by posted notice. They bind the successful bidder (purchaser), Miller & Miller and the seller (consignor).


Terms of Sale

To bid on a lot offered by Miller & Miller is to accept the following Terms of Sale. Whether or not you have read or understand any of the said terms, participation in the auction binds you to an agreement with these terms.

Condition of Items

Despite the efforts of Miller & Miller to accurately describe each item, these items are for sale "as is". It is the bidder's responsibility (present or absentee) to directly examine and appraise the item condition. Miller & Miller is not responsible for typographical errors. Neither we nor the consignor, make any guarantees, warranties, or representation expressed, or implied, related to the property, the correctness of the catalog or other description of the authenticity of authourship, physical condition, size, quality, rarity, importance, provenance, exhibition, literature or historic relevance of the property or otherwise. No statement anywhere whether oral or written, shall be deemed such a guarantee, warranty or representation. It is the responsibility of potential buyer to inspect the property before bidding to determine its condition, size and whether or not it has been restored. So too, the bidder is responsible for making contact with Miller & Miller to uncover any information that might reveal more about the item(s).

Due to the age of the items we specialize in, all items are sold for the purposes of display, not functionality. If electrical, mechanical, or other working parts are found dysfunctional, (even if working at the time of sale) we are not liable.

Questions pertaining to upcoming auction items should be submitted at least 48 hours before the sale. We make every effort to answer all questions as quickly as we can, but we cannot promise that questions submitted 48-hours before the sale will be answered before the sale. Neither we, nor the consignor make any guarantee as to whether the purchaser can successfully acquire any reproduction rights in the property. Returns are not accepted under any circumstances. All items will be available for preview approximately three (3) weeks prior to the auction.



Bidding

Rights and Responsibilities

The auctioneer reserves the right to determine the highest bidder and to reopen the bidding of a disputed lot. Floor bids take precedence over internet and absentee bids. Miller & Miller has the right to remove disruptive attendees who impede the preview or the auction. When the auctioneer closes each lot the ownership is passed to the winning bidder who then assumes all risk and full responsibility. It is recommended that you take out insurance for your items immediately after winning them. Miller & Miller is not responsible for any bid errors or omissions. Also, we shall have no liability to any bidder for any technical or other failure associated with the internet, absentee bidding, or telephone bidding.

Shipping Terms

Shipping Terms

Packing & Shipping

• It is the bidder's responsibility to consider shipping, handling & insurance costs when bidding on items.

• Packaging, shipping, and insurance on items will be made available as an added courtesy and cost. We recommend that you arrange insurance for your items immediately upon winning an item. Again, if any employee or agent of Miller & Miller shall pack or transport the merchandise, it is fully at the risk and responsibility and expense of the purchaser. The said agent or employee will not hold Miller & Miller liable for any loss or damage that may be caused.

All applicable charges will be applied. Shipping will be based on actual costs via Canada Post or another carrier. Handling and insurance will vary in cost depending on each invoice. All packages will be shipped with insurance within seven (7) business days after payment is received.

• SHIPPING TERMS - Miller & Miller will ship all items to the buyer at the listed address via Canada Post or other carriers. Any risk of loss or damage to the item(s) during transit by Canada Post or any other carrier, in excess of the insurance provided by or purchased from Miller & Miller, is at the sole risk of the buyer. The buyer through the carrier should purchase additional insurance coverage. The buyer releases Miller & Miller from any and all claims for loss or damage to any item during transit and agrees to pay all costs of defense, including attorney's fees, for any claims brought against Miller & Miller for loss or damage occurring during transit.

• COMBINED SHIPPING - When possible consolidate multiple purchases in the same parcel to reduce shipping costs. However, it is the buyer's responsibility to pay for the shipping cost of every item purchased, as if they were being shipped individually. Combining shipments is an adjustment that takes place when we can determine which items (if any) can safely be shipped together.


• INTERNATIONAL SHIPPING - Miller & Miller is an experienced international shipper. Please understand that we refuse, under any circumstance, to under-declare international purchases. Be aware that your international order may be subject to import charges/duties that not included in our invoiced shipping charge. You will be responsible for these charges if applicable in your country. All shipments will include the invoice with purchase totals including the buyer's premium and shipping cost. If you plan to pick-up your item(s) please notify us immediately and we will deduct the shipping cost from your invoice.

• SHIPPING LARGE ITEMS (FREIGHT) - When items are above a certain weight, length, or volume, it is the bidder's responsibility to arrange 3rd party shipping.

Volumetric size is length + girth = (the longest measurement) + (height x 2) + (width x 2).

As a general rule shipments must be <30 kilograms in weight, under 2m length, under <3 meters in volumetric size

There may be certain shipments that meet these requirements that will still require 3rd party shipping, and we will communicate the reason in those cases

Please see the Canada Post Website for more information at https://www.canadapost.ca/cpotools/apps/far/business/findARate?execution=e1s1

• IF you wish to arrange and alternative shipping you need to notify us seven (7) days in advance with the shipping company name, arrival date and time. The 3rd party-shipping representative must bear a copy of the invoice. Personal pickups must be arranged in advance with Miller & Miller staff. Charges may apply for overtime hours.

• STORAGE FEE - Miller & Miller charges $75/week for any items awaiting pickup for more than 15 days after the auction date.

Payment

Payment

Please pay within 7-days of the auction. Wait to receive your invoice before paying. Call 519-716-5606 to pay your invoice by phone or mail payment to: Miller & Miller Auctions Ltd. New Hamburg, Ontario, N3A1W8 Canada

Absentee bids placed through our website will be auto charged to the credit card entered 48 hours after the end of the sale. If you wish to pay by another method please contact us within 48 hours after the sale.

We accept Visa, MasterCard, personal cheques/ certified cheques, wire transfers, money orders, Paypal and cash.

• CREDIT CARD - For first time buyers and credit card charges greater than $2,500.00 buyers must complete the bottom portion of the invoice and must specifically sign the acknowledgement of our terms of sale before we will accept payment via credit card. We do offer the convenience of paying automatically by credit card. If you wish have your card automatically charged for all purchases please complete our "Authorization for Automatic Credit Card Use." We have this form available online or upon request.

• CHEQUE - There will be a $30.00 service charge for returned cheques. Make cheques payable to: Miller & Miller Auctions Ltd. Miller & Miller reserves the right to hold items paid for by personal or company check until said cheque clears (14 days). Miller & Miller has the right to hold all cheques over $2,000.00. Customers who have an established successful buying history with Miller & Miller may be exempt from this. We will accept a personal or company cheque >$2,000 and/or from a first time buyer if you provide a Bank Letter of Credit, available on our website, www.millerandmillerauctions.com

• WIRE TRANSFERS - There will be a $30.00 charge added to all wire transfers less than $2,000.00. Please add this amount to your invoice total before sending a wire transfer.

Non-payers will be penalized. Miller & Miller will take the necessary legal steps to protect its interests. Non-paying bidders will be block from all future auction participation.

Taxes

Sales Tax

Unless the appropriate permits are on file with Miller & Miller, Canadian buyers or their representatives are responsible for paying the provincial sales tax rate applicable to their location. The winning bidder agrees to pay Miller & Miller the actual amount of tax due in the event that sales tax is not properly collected due to: 1) an expired, inaccurate, or 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 and verified by Miller & Miller five days before the sale date, or tax must be paid; only if such form or certificate is received by Miller & Miller within 4 days after the Auction can a refund of tax paid be made. Lots from different auctions may not be combined for sales tax purposes.

Condition of Items

Condition of Items

Despite the efforts of Miller & Miller to accurately describe each item, these items are for sale "as is". It is the bidder's responsibility (present or absentee) to directly examine and appraise the item condition. Miller & Miller is not responsible for typographical errors. Neither we nor the consignor, make any guarantees, warranties, or representation expressed, or implied, related to the property, the correctness of the catalog or other description of the authenticity of authourship, physical condition, size, quality, rarity, importance, provenance, exhibition, literature or historic relevance of the property or otherwise. No statement anywhere whether oral or written, shall be deemed such a guarantee, warranty or representation. It is the responsibility of potential buyer to inspect the property before bidding to determine its condition, size and whether or not it has been restored. So too, the bidder is responsible for making contact with Miller & Miller to uncover any information that might reveal more about the item(s).

Due to the age of the items we specialize in, all items are sold for the purposes of display, not functionality. If electrical, mechanical, or other working parts are found dysfunctional, (even if working at the time of sale) we are not liable.

Questions pertaining to upcoming auction items should be submitted at least 48 hours before the sale. We make every effort to answer all questions as quickly as we can, but we cannot promise that questions submitted 48-hours before the sale will be answered before the sale. Neither we, nor the consignor make any guarantee as to whether the purchaser can successfully acquire any reproduction rights in the property. Returns are not accepted under any circumstances. All items will be available for preview approximately three (3) weeks prior to the auction.