Lot 198E: "Kitchen Window II," an oil wash by Paul Landry.

1. GUARANTEE - We have made a consistent effort in correctly cataloging and describing the property to be sold. The catalog descriptions are guaranteed for authenticity and condition. Should the need arise, the auctioneer reserves the right to make verbal corrections and provide additional information from the block, at the time of the sale. Absentee bids will not be executed on items that are found to be other than described in the catalog. Since opinions can differ, particularly in the matter of condition, the auctioneer will be sole judge in the matter of refunds.
2. DURATION OF GUARANTEE - Request for refund for items purchased IN PERSON at the auction must be made within 3 days of the sale. If you are an absentee or phone bidder it is your responsibility to examine the lot immediately upon receipt. On items purchased in absentee, the guarantee will end 3 days from the time of delivery. Therefore, all guarantees on items purchased will become null and void 7 calendar days from the date of shipment. IT IS VERY IMPORTANT TO NOTE THAT IF YOU PAY LATE, YOU WILL NOT BE ELIGIBLE FOR THE GUARANTEE. Payment must be postmarked no later than 35 days after the auction.
3. PROTESTED BIDS - In case of a disputed bid, the auctioneer is the sole determinant as to whom the successful bidder is, and at his discretion, may reoffer and resell the article in dispute. If a dispute arises after the sale, the auctioneer is sales records shall be conclusive as to whom the purchaser was, and the purchase price.
4. BIDDING- Bidding usually starts below the low estimate and advances in increments of approximately 10% of the opening bid subject to the auctioneer's discretion. The auctioneer reserves the right, at his sole discretion, to refuse any bids that he deems unreasonable. The minimum bid increment guideline is as follows:
$500 to $1000 - $25
$1000 to $10,000 - $100
$10,000 to $20,000 - $500
$20,000 to $100,000 - $1000
$100,000 and above - $2000
5. ABSENTEE BIDS - Phone or mail bids, at the discretion of the Auctioneer, will be accepted with a 20% deposit. In such case the bookkeeper will execute such bids competitively. Absentee bids are executed by the bookkeeper on behalf of the bidder in accordance with the bid increment policy shown above. Please review the rules governing both absentee and phone bids in the back of the catalog.
6. TERMS - All items are to be paid for in U.S. funds at the day of the auction. No items will be released until they are paid for. Those who have not established an account with us and wish to pay by check, must do so prior to the beginning of the auction, by presenting a current letter of reference from their bank, or by providing references, that are suitable to the Auctioneer. The Auctioneer reserves the right to hold merchandise purchased by personal check, until the check has cleared the bank. Phone and absentee bidders. You will be notified one week after the auction of your bids/results. PAYMENT IS DUE UPON RECEIPT. A late charge will be accessed on all balances not paid, at the rate of 12% A.P.R. commencing 30 days after the auction. If any accounts become more than 60 days overdue, the consignor will be given the name of the buyer who is responsible for holding up their funds. Guyette & Schmidt will not carry insurance on items that are not paid for within 35 days of the auction. Also, the auctioneer may retain and/or recover the deposit specified as liquidated damages. In addition, the property can be resold at public or private sale without further notice. Any deficiency resulting from such resale shall be paid to the auctioneer by the defaulting buyer, together with all charges, fees, and expenses incurred by such resale, or the enforcement of the obligation hereunder. Buyer agrees to pay all charges and expenses incurred by reason of any breach of the Terms and Conditions of sale, including without limitation, reasonable attorney fees.
7. RESERVES - A very small percentage of the decoys in this auction carry reserves. A reserve is a confidential minimum price established between the auctioneer and the consignor. The reserve will not exceed the low estimate printed in the catalog, and is usually much less. Reserves are executed by the bookkeeper on behalf of the consignor.
8. PAYMENT FOR PURCHASES MAY BE MADE WITH VISA , MASTERCARD, CASH OR CHECK.
9. BUYERS PREMIUM- The buyer's premium, assessed on each selling lot, is 15% of the hammer price, plus a 5% Invaluable fee. For payments made using Visa or MasterCard, the buyer's premium is 18%, plus the 5% Invaluable fee.
10. TAX - There is no sales tax in New Hampshire
11. ACCEPTANCE OF CONDITIONS - Bidding on any articles in this catalog indicates your acceptance of all the above items.
12. BIDDING AGENT RESPONSIBILITY - If you are registering for someone or if you execute a bid for someone else under your number, you are responsible for the settlement of that account. You are also responsible for examining the decoy(s) for your client regarding the guarantee.
13. WITHDRAWAL - We reserve the right to withdraw any property before the sale and shall have no liability whatsoever for such withdrawal.
14. TITLE - Title passes upon the fall of the auctioneer's hammer. It will then be the responsibility of the buyer to make full payment prior to removing the goods from the premises. Removal is at both the buyer's risk and expense, and must be made at the conclusion of the sale, unless other arrangements are made with the Guyette & Schmidt staff. Any lots we might make arrangements for moving or storing are solely at the risk of the owner, and any damage or loss occurring after the fall of the hammer becomes that of the buyer.
15. LEGAL DISPUTE - Any legal disputes arising from this auction shall be settled in the court system of the State of Maine. UNIFORM COMMERCIAL CODE - The Maine Uniform Commercial Code, Title II, Section 2328 applies to this auction.
16. All calls are sold "As Is".

You will be notified of your succesful bids with a bill, the day after the auction has ended. PAYMENT IS DUE UPON RECEIPT. A late charge will be assessed on all balances not paid, at the rate of 12% APR commencing thirty days after the bill is sent. If any accounts become more than 60 days overdue, the consignor will be given the name of the buyer who is responsible for holding up their funds.

The Bidder
Terms of Sale:

1. The Bidder acts only as an extension of the sellers of the items offered for auction.
2. The Bidder reserves the right to remove or add items for sale or to change data on an item offered for sale received after printing the catalog.
3. The descriptions contained in the catalog is for information purposes only and as understood by the auction house. Descriptions determination should not be authorized and there is no liability to the data submitted each item. The Auction House is liable to the buyer in respect of the physical condition of the item if no different from the situation in which it was presented.
4. The estimated prices listed in the catalog are for understanding of the sales. Rates are meant to be used for information purposes only buyer power and do not have any representation from the auction house. And / or to impose and / or acting on its indebtedness of any kind.
5. The items are sold "AS IS", auctioneer is not responsible for the condition or nature of the item. All items displayed for sale, the audience previews and interested in examining the items himself, and lifting his or submitting a written proposal, it is hereby waived any buts about the quality or state of the item.
6. Information regarding the source or creates an item, given by the auction house to its status as a branch of the seller, and based on information received from the seller, as well as knowledge and experience of the experts of the auction house. Was delivered misinformation substantially, given the right buyer to return the item within 15 days the date of sale and that if shall produce a written document of authority in the field, mutually acceptable, confirming his point about the fundamental error description of the item. For the avoidance of doubt, this paragraph applies only in the event of a material error, the value of the item significantly different from the value of the item depicted.
7. The auction manager sole authority to determine who won the auction, to cancel the sale of any item (after the sale), or create a re-sale in accordance with its sole discretion.
8. Anyone wishing to attend the auction must acquire before the sale, issue special card serial number and an identification means the winner of the auction. The player who wishes to be represented by the auctioneer at the time of sale, will be able to leave a quote on a special form (the "bid form"), until at least two hours before the start of the sale. Customers wishing to participate in the auction by telephone, must confirm this until about two hours before the sale. You can participate in the auction through the Internet via a Bidspirit. You can also leave early offers for sale through the system.
9. In the case of identical bids on a particular item, the proposal was first submitted, is the winning bid.
10. The sale will be conducted in US dollars. The payment for the items to be paid in NIS according to the exchange rate of the Bank of Israel on the sale. The sale amount is added to a fixed fee of 15% + VAT (commission only).
11. Approved payment methods:
a. Credit cards (in only) - 2.5% plus the amount of the payment.
Authorized credit cards: Visa, MasterCard or Isracard: one payment or interest payments division in credit only, American Express Not accepted!!!
b. PayPal - 6% plus the amount of the payment.
13. The buyer is obliged to collect the item purchased and fulfill his obligations for payment no later than 11 days from the date of sale. Delays in receiving the item would result in liability insurance and storage at a rate prescribed by The Bidder. For the avoidance of doubt, handing over ownership of the item be made only after the buyer has completed all obligations to pay. All arrears in payment, will incur interest on arrears at the amount the debtor a rate of 2% per month plus linkage to the US dollar from the date when the US should be paid to the date of actual payment.
14. Item buyer of any kind, whether for himself or for a different person, liable to pay for the items and take them. The auctioneer the authority to take all measures that appear to it to the purchaser meets its obligations and, inter alia, to cancel the sale, to sell the item to another, require the buyer to expenses incurred by the manager of the sale, including interest and linkage to submit a claim for compensation, delaying the release of the item and add the amount of buying the expenses incurred.
15. Jurisdiction sole and exclusive any dispute relating to the purchase or delivery of the items, the auction house clients, is granted to the courts in Tel Aviv. T.l.h

The buyer's premium, assessed on each selling lot, is 15% of the hammer price, plus a 5% Invaluable fee. For payments made using Visa or MasterCard, the buyer's premium is 18%, plus the 5% Invaluable fee.

There is no sales tax in New Hampshire.

We have attempted to make a consistent effort in cataloging and correctly describing the property being auctioned. The catalog descriptions are guaranteed for authenticity and condition. Should the need arise, the auctioneer reserves the right to make verbal corrections and provide additional information from the block, at the time of the sale.