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Lot 626: Joseph Tomanek (1889-1974) "the Garden Party"

Est: $2,000 USD - $3,000 USDSold:
J. Garrett AuctioneersDallas, TX, USJune 05, 2016

Item Overview

Description

Oil On Canvas In Giltwood Frame. Good Condition. 37h X 31.5w In Frame. From A Prominent Wichita Falls Estate.

Artist or Maker

Condition Report

*In all cases, prospective buyers are responsible for determining the physical condition of lots, as there are no returns based on condition. The printed conditions in the catalog entry are based on opinion only and are provided for guidance only, without legal obligation. Condition report requests may be sent to justin@jgarrettauctioneers.com. Please view ALL detail pictures prior to requesting condition reports. The absence of condition reports in the catalog entry does not indicate that the item is in perfect condition. By registering for this auction buyers have agreed to all auction terms and understand that there are no returns based on condition. **J. Garrett Auctioneers does not perform any shipping or packing services. It is suggested that a quote is requested from a third party shipping company prior to the day of the auction. Please visit www.jgarrettauctioneers.com for a complete list of recommended shippers.

Payment & Shipping

Payment

Accepted forms of payment: MasterCard, Personal Check, Visa, Wire Transfer

Shipping

We highly recommend David Jones with UPS. His store is a "Pack and Ship Promise" store which offers the best insurance we have found. This store also offers custom crating and freight services for large items and we have found the prices to be very competitive as well as a guaranteed arrival time. It is the buyers responsibility to insure their purchase with a shipper. ALL ITEMS MUST BE PAID FOR AND PICKED UP BY FRIDAY JUNE 24TH. To avoid moving and storage fees, we strongly recommend paying for your items promptly after the auction, and confirm with us if you would like your items shipped by UPS. If you prefer another shipper, please let us know who will be picking up for you. Additional recommended shippers are listed below.

Contact information for David Jones at UPS is:

The UPS Store (#6554)
David Jones
1408 N. Riverfront Blvd
Dallas, TX 75207
main: 214-745-1000
fax: 214-745-1001
email: store6554@theupsstore.com

www.theupsstorelocal.com/6554

Blanket Wrap Service Providers:
***These shippers are independent business owners. Buyers will need to discuss insurance with the shipper. Although our buyers use these shippers regularly, we are not associated with them in any way and will not be held liable for their service.

Crossland NYC (Julio Morel). 571-437-4700. Serving the Northeast and Southeast regions. Based in South Carolina and New York.

Capital City Movers (Travis Duncan). 512-767-0275. Regular route from California to Florida. Based in Austin, Texas.

Rancho Buck. 404-441-4994. Serving the entire U.S. Based in Atlanta.

Auction Details

The Ernesto Klun Sale - NO RESERVES - DAY 2

by
J. Garrett Auctioneers
June 05, 2016, 12:00 PM CST

1217 Slocum St., Dallas, TX, 75207, US

Terms

Buyer's Premium

27.0%

Bidding Increments

From:To:Increment:
$0$99$10
$100$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$2,250
$50,000$99,999$5,000
$100,000+$10,000

JGA Terms and Conditions

***IMPORTANT: PLEASE REVIEW THE FOLLOWING TERMS & CONDITIONS OF THIS AUCTION BEFORE REGISTERING TO BID. THANK YOU!!!***

The following as amended by any posted notices or oral announcements during the sale, constitutes the entire terms and conditions on which property listed in the catalog shall be offered for sale or sold by J. Garrett Auctioneers, and any consignor of such property for whom J. Garrett Auctioneers has acted as agent.

By registering to bid in this auction, whether in person or by agent, absentee bid, telephone, Internet or other means, the purchaser or bidder agrees to be bound by these Terms and Conditions of Sale:

**TERMS AND CONDITIONS OF SALE**

1. PAYMENT -- DOMESTIC CLIENTS: We accept credit cards (Mastercard and Visa ONLY), wire transfers, cash, and personal or company check. WE DO NOT ACCEPT PAYPAL. Internet buyers are encouraged to pay through their bidding site of choice, or can contact us directly for payment. Items purchased in person must be paid for on the day of the auction. For items purchased online, you will be emailed an invoice the day after the auction. It is your responsibility to contact J. Garrett Auctioneers via telephone at 469-360-5086 or email matthew@jgarrettauctioneers.com to make payment. IF PAYMENT IS NOT RECEIVED WITHIN 10 DAYS, A DISPUTE WILL BE FILED WITH LIVE AUCTIONEERS, INVALUABLE, or BIDSQUARE. If paying by check, J. Garrett Auctioneers reserves the right to hold all purchases until the check has cleared to the satisfaction of J. Garrett Auctioneers and its bank.

INTERNATIONAL CLIENTS: *** INTERNATIONAL PAYMENTS MUST BE MADE THROUGH YOUR BIDDING SITE OR THROUGH WIRE TRANSFER - NO EXCEPTIONS ***

2. SHIPPING -- It is the buyer's responsibility to arrange for and pay for shipping. J. Garrett Auctioneers does not provide shipping services or shipping quotes. We can however, refer successful bidders to reputable shipping services, as a service. ALL PURCHASES MUST BE PICKED UP BY FRIDAY, JUNE 24th. After this date a $20 per item storage fee will apply. For a list of recommended shippers please check the "Shipping" link under the "Services" tab on our homepage at www.jgarrettauctioneers.com

INTERNATIONAL PURCHASERS ARE RESPONSIBLE FOR ALL CUSTOMS FORMS, ENTRIES, RELEASES, DUTIES AND FEES, AND J.GARRETT AUCTIONEERS, NOR SHIPPERS RECOMMENDED BY J. GARRETT WILL BE LIABLE FOR ITEMS HELD UP BY FOREIGN CUSTOMS OR RELEASE ASSOCIATED DUE TO IMPROPER CUSTOMS FORMS OR DECLARATIONS.

3. All items are sold "AS IS, WHERE IS" with all faults. There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. All items are available for your examination prior to bidding. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. J. Garrett Auctioneers attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. If your item(s) are damaged in shipping, you will need to contact the shipper to file a claim. If your item(s) are being shipped and there is a condition problem upon receipt, you are expected to notify us immediately by phone at 469-360-5086. Any condition concerns will be null and void after the 10th business day following the end of the auction. Please note that if you pay late and thus receive your item(s) late, this does not qualify you for special privileges. WE DO NOT GIVE REFUNDS! ALL SALES ARE FINAL!

4. The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubt on J. Garrett Auctioneer's part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, J. Garrett's sale record is conclusive. J. Garrett Auctioneers records the audio portion of each auction.

5. The purchaser assumes full responsibility for items at the fall of the hammer or as acknowledged as "sold" by the auctioneer as inferred verbally or otherwise.

6. As a convenience to customers, absentee bids and phone bids will be executed by J. Garrett personnel in a competitive and confidential manner. Phone bid arrangements must be made 24 hours prior to start of the auction. Please note we will not take phone bids for items with a high estimate of $1,000 or less. ALL PHONE BID FORMS MUST INCLUDE THE NAMES OF 3 AUCTION HOUSES IN WHICH WE MAY CALL TO VERIFY GOOD & RECENT BIDDING HISTORY. DUE TO INCREASED FRAUD ATTEMPTS, WE WILL NOT EXECUTE ANY PHONE BIDS WITHOUT THESE REFERRALS. BUYERS PREMIUM FOR PHONE BIDS AND INTERNET BIDS IS THE SAME - 25%. J. Garrett Auctioneers will not be responsible for failure to execute absentee or phone bids and reserves the right to decline phone bids if in the event of too many phone bidders, the inability to execute that number of phone bids. J. Garrett Auctioneers also reserves the right to refuse phone bids if qualifications, including credit card deposits, or banking info is not provided if deemed necessary.

7. BUYER'S PREMIUM: There will be a buyer's premium of 25% for onsite bidders, internet bidders, absentee bidders, and phone bidders added to the hammer price of each. All purchases will be subject to an 8.25% Texas sales tax unless (1) you are an out-of-state resident and your purchases are being shipped out of Texas or (2) if you are a Texas resident and you possess a valid tax-exempt number. J. Garrett Auctioneers must have a blanket exemption certificate with permit number and signature on any tax exempt sale before releasing.

8. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property.

9. J. Garrett Auctioneers reserves the right to withdraw any lot at any time before the auction without liability.

10. The auctioneer reserves the right to reject any bid not commensurate with the value of the property offered.

11. A range of estimates is given on each lot with a low and a high estimate. Estimates should not be relied on as a prediction of the actual selling price.

12. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to it by law, including without limitation the right to hold the purchaser liable for the total purchase price, J. Garrett Auctioneers at its option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property at public auction without reserve or minimum selling price, and the purchaser will be liable for any deficiency and costs, including handling charges, expenses of both sales, the commission on both sales at regular rates, all other charges due hereunder and incidental damages.

13. In the unlikely event we lose our internet connection, J. Garrett Auctioneers reserves the right in its sole and absolute discretion to cancel the remainder of the auction or continue at it's discretion in live venue at it's discretion.

14. Some lots may be offered with a "reserve" which is the minimum price below which the lot will not be sold. J. Garrett Auctioneers may act to protect the reserve by bidding through the auctioneer. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the consignor. The auctioneers may continue to bid on behalf of the consignor up to the amount of the reserve, either by placing bids in response to other bidders or by placing consecutive bids.

15. These terms and conditions of sale, as well as the respective rights and obligations of J. Garrett Auctioneers and any purchasers or bidder at any sale of J. Garrett Auctioneers, shall be governed by and construed and enforced in accordance with the laws of the State of Texas.

16. The auctioneer is licensed and regulated by the Department of Licensing and Regulation. Licensure with the Department does not imply approval or endorsement by the State of Texas. If you have an unresolved complaint, it should be directed to: Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 512-463-6599.

Jeff Garrett, ST. Lic. # 6794, Justin Garrett, St. Lic. # 16236. Copyright 2016, J. Garrett Auctioneers, LTD. ; all rights reserved

Shipping Terms

We highly recommend David Jones with UPS. His store is a "Pack and Ship Promise" store which offers the best insurance we have found. This store also offers custom crating and freight services for large items and we have found the prices to be very competitive as well as a guaranteed arrival time. It is the buyers responsibility to insure their purchase with a shipper. ALL ITEMS MUST BE PAID FOR AND PICKED UP BY FRIDAY JUNE 24TH. To avoid moving and storage fees, we strongly recommend paying for your items promptly after the auction, and confirm with us if you would like your items shipped by UPS. If you prefer another shipper, please let us know who will be picking up for you. Additional recommended shippers are listed below.

Contact information for David Jones at UPS is:

The UPS Store (#6554)
David Jones
1408 N. Riverfront Blvd
Dallas, TX 75207
main: 214-745-1000
fax: 214-745-1001
email: store6554@theupsstore.com

www.theupsstorelocal.com/6554

Blanket Wrap Service Providers:
***These shippers are independent business owners. Buyers will need to discuss insurance with the shipper. Although our buyers use these shippers regularly, we are not associated with them in any way and will not be held liable for their service.

Crossland NYC (Julio Morel). 571-437-4700. Serving the Northeast and Southeast regions. Based in South Carolina and New York.

Capital City Movers (Travis Duncan). 512-767-0275. Regular route from California to Florida. Based in Austin, Texas.

Rancho Buck. 404-441-4994. Serving the entire U.S. Based in Atlanta.