CONDITIONS OF SALE
CONDITIONS OF SALE
1. BINDING TERMS
The lots listed in this catalogue will be offered by Doyle New York as owner or as agent for consignor subject to the following terms and conditions. Where Doyle is agent, the contract is between seller and buyer. The following Conditions of Sale and Terms of Guarantee constitute the entire agreement with the purchaser relative to the property listed in this catalogue. By bidding at auction you agree to be bound by these terms:
2. AS IS
All lots are sold "AS IS" and without recourse and neither Doyle New York nor its consignor makes any warranties or representations, express or implied, with respect to such lots, except for the limited warranties expressly stated in the Terms of Guarantee section of this catalogue. Prospective buyers are strongly advised to examine personally any property in which they are interested, before the auction takes place, to determine its condition, size, and whether or not it has been repaired or restored.
Except as otherwise expressly and specifically provided in the Terms of Guarantee, neither Doyle New York nor its consignor makes any express or implied warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging; nor does a reference to particular defects imply the absence of others. References in the catalogue entry or the condition report to damage or restoration are for guidance only and should be evaluated by personal inspection by the bidder or a knowledgeable representative.
The Terms of Guarantee are controlling, and no statement, whether written or oral, and whether made in this catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. All statements by Doyle New York in the catalogue entry for the property or in the condition report, or made orally or in writing elsewhere, are statements of opinion and are not to be relied on as statements of fact. Except as stated in the Terms of Guarantee, neither Doyle New York nor the seller is responsible in any way for errors or omissions in the catalogue or any supplemental material. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalogue entry.
Doyle New York and its consignor make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Doyle New York expressly reserves the right to reproduce any image of the lots sold in this catalogue. The copyright in all images, illustrations and written material produced by or for Doyle New York relating to a lot, including the contents of this catalogue, is, and shall remain at all times, the property of Doyle New York and shall not be used by the buyer, nor by anyone else, without our prior written consent.
3. WITHDRAWAL
Doyle New York reserves the right to withdraw any lot at any time prior to the commencement of bidding for such lot and shall have no liability whatsoever for such withdrawal.
4. RESERVES
If the auctioneer decides that any opening bid is below the value of the lot offered, the auctioneer may reject that bid and withdraw the lot from sale; and if, having acknowledged an opening bid, he decides that any advance thereafter is insufficient, he may reject that advance.
Unless otherwise indicated, all lots are offered subject to a reserve, which is the confidential minimum price below which such lot will not be sold. No reserve will exceed the low estimate of the lot. Reserves are agreed upon with the consignor or, in the absence thereof, in the absolute discretion of Doyle New York.
Unless otherwise announced by the auctioneer, all bids are per lot as numbered in the catalogue.
Lots marked C preceding the estimate are consigned and reserved. Those marked • are reserved property in which Doyle New York has an interest.
The auctioneer may implement the reserve by opening bidding on any lot by placing a bid on behalf of the seller. The auctioneer will not specifically identify bids placed on behalf of the seller. The auctioneer may further bid on behalf of the seller, up to the amount of the reserve, by placing successive or consecutive bids for a lot or by placing bids in response to other bidders. Unless otherwise noted in the catalogue or by an announcement at the auction, Doyle New York acts as agent on behalf of the seller and does not permit the seller to bid on his or her own property.
5. ESTIMATES
Each lot in the catalogue is given a low and high estimate representing that range which, in the opinion of Doyle New York, represents a fair and probable auction value. When possible, the estimate is based on previous auction records of comparable property, condition, rarity, quality and provenances. The estimates are often determined several months before a sale and are therefore subject to change upon further research of the property, or to reflect market conditions or currency fluctuations. Estimates are subject to revision. Actual prices realized for items can fall below or above this range. An estimate of the selling price should not be relied on as a statement that this is the price at which the item will sell or its value for any other purpose. Estimates do not include the buyer's premium. Where "Estimate on Request" appears, please contact the Specialist Department for further information.
6. BIDDING
Doyle New York reserves the right, at our complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid, as well as the right to refuse to acknowledge any bidder. The highest bidder acknowledged by the auctioneer will be the purchaser. The auctioneer has the right at his absolute and sole discretion to advance the bidding in such a manner as he may decide, to withdraw or divide any lot, and to combine any two or more lots. In the event of error or dispute between bidders, or in the event of doubt on our part as to the validity of any bid, whether during or after the sale, the auctioneer has final discretion to determine the successful bidder, to continue the bidding, to cancel the sale, or to reoffer and resell the lot in dispute. If any dispute arises after the sale, the Doyle New York sale record shall be conclusive.
7. PURCHASER'S RESPONSIBILITY
Title passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder, subject to the conditions of sale set forth herein. Such bidder thereupon assumes full risk and responsibility therefor (including, without limitation, liability for or damage to frames and glass covering prints, paintings or other works). Although in our discretion we will execute orders or absentee bids or accept telephone bids as a convenience to clients who are not present at auctions, we are not responsible for any errors or omissions in connection therewith.
When making a bid, a bidder is accepting personal liability to pay the purchase price as follows, unless it has been explicitly agreed in writing with Doyle New York before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Doyle New York, and that Doyle New York will look only to the principal for payment:
The total purchase price to be paid by purchaser is the amount of the successful bid price plus a premium of 25% on the first $50,000 of the hammer price, 20% on the portion from $50,001 through $1,000,000, and 12% on that portion of the hammer price exceeding $1,000,000. Payment shall be made as follows:
A cash deposit of not less than 25% of the purchase price (unless the whole purchase price is required at the sole discretion of Doyle New York) will be paid on the day of the auction. Deposits shall apply to all purchases made at this sale and not to any one particular lot.
Prior to the sale, the buyer must provide us with his or her name and permanent address and, if so requested, details of the bank from which payment will be made.
The balance of the purchase price, if any, should be paid within 48 hours of the auction. Such payment shall be made in U.S. dollars by certified or cashiers check drawn on a U.S. bank unless other arrangements are made with Doyle New York. The buyer will not acquire title to the lot until we have received all amounts due to us from the buyer in good cleared funds even in circumstances where we have released the lot to the buyer. Doyle New York reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Doyle New York a handling charge of $25 for any check dishonored by the drawee.
At some auctions there may be a video or digital screen. Errors may occur in its operation and in the quality of the image, and Doyle New York does not accept liability for such errors.
8. REMEDIES AVAILABLE TO DOYLE NEW YORK
In addition to the other remedies available to us by law, we reserve the right to impose a late charge of 1 1/2% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. All property must be removed from our premises by the purchaser at their expense not later than (2) business days following its sale and, if it is not removed, Doyle New York reserves the right to charge a minimum storage fee of $5 per lot per day or to deliver the property to a public warehouse for storage at the purchaser's expense, to be released only after payment in full of all removal, storage, handling, insurance and any other costs incurred, together with payment of all other amounts due to us. Doyle New York shall have no liability for any damage to property left on its premises for more than (2) days following the sale.
If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the consignor by law, including without limitation the right to hold the purchaser liable for the total purchase price, including all fees, charges and expenses more fully set forth herein, we shall be entitled in our absolute discretion to exercise one or more of the following rights or remedies:
a) To charge interest at such rate as we shall reasonably select;
b) To hold the defaulting buyer liable for the total amount due and to commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law;
c) Cancel the sale of that, or any other lot or lots sold to the defaulting purchaser at the same or any other auction, retaining as liquidated damages all payments made by the purchaser;
d) Resell the property whether at private sale or public auction without reserve, and the purchaser will be liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages;
e) To set off the outstanding amount remaining unpaid by the buyer against any amounts which we may owe the buyer in any other transactions;
f) Where several amounts are owed by the buyer to us, in respect of different transactions, to apply any amount paid to discharge any amount owed in respect of any particular transaction, whether or not the buyer so directs;
g) To reject at any future auction any bids made by or on behalf of the buyer or to require a deposit from the buyer before accepting any bids;
h) To take such other actions as we deem necessary or appropriate; or
i) To effect any combination thereof.
In addition, a defaulting purchaser will be deemed to have granted and assigned to us a continuing security interest of first priority in, and we may retain as collateral security for such purchaser's obligations to us, any property or money of or owing to such purchaser in our possession. We shall have all of the rights accorded a secured party under the New York Uniform Commercial Code with respect to such property and we may apply against such obligations all monies held or received by us for the account of, or due from us, to such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier's checks, we have confirmed their authenticity. In the event the purchaser fails to pay any or all of the total purchaser price for any lot and Doyle New York nonetheless elects to pay the consignor any portion of the sale proceeds, the purchaser acknowledges that Doyle New York shall have all of the rights of the consignor to pursue the purchaser for any amounts paid to the consignor, whether at law, in equity, or under these Conditions of Sale.
9. LIMITED LIABILITY
If for any cause a purchased lot cannot be delivered in as good condition as at the time of sale, or should any purchased lot be stolen or mis-delivered or lost prior to delivery, Doyle New York shall not be liable for any amount in excess of that paid by the purchaser. We are not responsible for the acts or omissions of carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots by us is at the entire risk of the purchaser and Doyle New York will have no liability for any loss or damage to such items.
10. DOYLE NEW YORK EMPLOYEES
Employees of Doyle New York are not prohibited from bidding on property. In the course of their employment it is possible that they may have access to information not available to the public.
11. Doyle New York on occasion makes loans or advances funds to consignors.
12. WAIVER OF CONDITIONS
Any and all of these conditions may be waived or modified in the sole discretion of Doyle New York. The Conditions of Sale, Terms of Guarantee, the glossary, if any, and all other contents of this catalogue are subject to amendment by us by oral announcements made during the sale. Salesroom notices amend the catalogue description of a lot after our catalogue has gone to press. They are posted in the viewing galleries and salesroom or are announced by the auctioneer. Please take note of them.
13. All measurements and weight are approximate. Doyle New York is not responsible for damage of glass covering paintings, drawings and other works or frames regardless of cause.
14. If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, the balance of the conditions shall continue to be valid to the fullest extent permitted by law.
15. The rights and obligations of the parties with respect to these Conditions of Sale and Terms of Guarantee, as well as the purchaser's and our respective rights and obligations hereunder, the conduct of the auction and any matters connected with any of the foregoing, shall be governed and interpreted by the laws of the State of New York. By bidding at auction, whether present in person or by agent, by written bid, telephone or other means, the buyer shall be deemed to have submitted, for the benefit of Doyle New York, to the exclusive jurisdiction of the federal or state courts located in the state and county of New York and waives any objection to the jurisdiction and venue of any such court.
TERMS OF GUARANTEE
Doyle New York warrants the authenticity of authorship of each lot contained in this catalogue solely and expressly subject to the terms and conditions set forth below.
DEFINITION OF AUTHORSHIP
1. "Authorship" is defined as the artist, artisan, workshop, designer, school, period, culture, or source of origin, as applicable and indicated in the description of the lot. The warranted information appears in bold print immediately following the individual lot number; no other language in the catalogue is warranted, including any supplemental material which appears below the bold print headings. Doyle New York is not responsible for any errors or omissions in any material, which appears below the bold print headings. The description of authorship in this catalogue may be amended by a supplement to the catalogue, or by notices or announcements at the time and place of the auction sale. This catalogue may contain one or more glossaries explaining the terminology used in the catalogue. All terminology used in this catalogue, including the contents of the glossaries, are merely qualified statements or opinions and are not intended or made as warranted statements or representations under these Terms of Guarantee. Doyle New York makes no warranties whatsoever, express or implied, with respect to any material in the catalogue, except as set forth in bold print headings following individual lot numbers in this catalogue and subject to the exclusions set forth below.
COVERAGE UNDER THE GUARANTEE
2. Subject to the exclusions set forth below in paragraphs 5 and 6, Doyle New York warrants the authorship (as that term is defined above) of each lot in this catalogue for a period of five years from the date of the sale of the lot. The guarantee is made only to the original purchaser of record at the auction, and only the registered bidder for the lot at the auction will be considered as the original purchaser. The buyer must give written notice of claim within five years from the date of the auction. Doyle New York may require, at its option, to have the purchaser obtain at the purchaser's expense the opinion of two recognized experts (approved by Doyle New York) in the field relating to the item in question, before Doyle New York determines whether to rescind a sale under the above warranty. Upon request, Doyle New York will provide the purchaser with the names of acceptable experts.
NON-ASSIGNABILITY
3. The benefits of this warranty are not assignable and shall be applicable only to the original purchaser of record (i.e., the registered bidder) and not to any subsequent owners (including, without limitation, donees, heirs, successors, beneficiaries or assigns) who have, or may acquire, an interest in any purchased property. The original buyer must have remained the owner of the lot without disposing of any interest in it to any third party.
SOLE REMEDY
4. The purchaser agrees that in the case of a breach of warranty under these Terms of Guarantee, he shall have no remedy other than rescission of the sale and the refund of the original purchase price paid. The original purchase price paid is defined as the amount of the successful bid price, plus the buyer's premium. No rescission and refund will be made unless the item is returned to Doyle New York at 175 East 87th Street, New York, NY 10128, in the same condition as at the time of sale. The remedy of rescission and refund is exclusive and the purchaser waives any other remedy which may be otherwise available in law or equity. Doyle New York shall not be liable for any special, consequential or incidental damages incurred or claimed including, without limitation, loss of profits or for interest.
EXCLUSIONS
5. This warranty does not apply to:
i. authorship of any paintings, drawings or sculpture created prior to 1870, unless the lot is determined to be a counterfeit which has a value at the date of the claim for rescission which is materially less than the purchase price paid for the lot; or
ii. any catalogue description where it was specifically mentioned that there is a conflict of specialist opinion on the authorship of a lot; or
iii. authorship which on the date of sale was in accordance with the then generally accepted opinion of scholars and specialists, despite the subsequent discovery of new information, whether historical or physical, concerning the artist or craftsman, his students, school, workshop or followers; or
iv. the identification of periods or dates of execution which may be proven inaccurate by means of scientific processes not generally accepted for use until after publication of the catalogue, or which were unreasonably expensive or impractical to use at the time of publication of the catalogue.
The term counterfeit is defined as a modern fake or forgery, made less than fifty years ago, and made with the intent to deceive. The authenticity of signatures, monograms, initials or other similar indicia of authorship is expressly excluded as a controlling factor in determining whether a work is a counterfeit under the meaning of this Terms of Warranty.
LIMITED WARRANTY
6. As stated in paragraph 2 of the Conditions of Sale, neither Doyle New York nor its consignor makes any express or implied representations or warranties whatsoever concerning any property in the catalogue, including without limitation, any warranty of merchantability or fitness for a particular purpose, except as specifically and expressly provided in these Terms of Guarantee.
BUYING AT DOYLE
Since 1963, Doyle New York has built a worldwide reputation for expertise, integrity and service. In our New York salesrooms, we hold approximately forty auctions annually featuring fine art, jewelry, furniture, decorative arts, books, prints, couture and a variety of other categories. Our global audience of buyers and sellers know the quality of our sales and appreciate our standard of service. If you are new to the auction process, please take a moment to review the following information.
The following will help in understanding the auction buying process. All bidders should read the Conditions of Sale and Terms of Guarantee in this catalogue, as well as the Glossary or any other notices. By bidding at auction, bidders are bound by the Conditions of Sale and Terms of Guarantee, as amended by oral announcements or posted notices, which together form the sale contract between the successful bidder (purchaser), Doyle New York and the seller (consignor) of the lot.
BEFORE YOU BID
Doyle New York produces both printed and Internet auction catalogues that contain descriptions of the property being offered and the presale estimates and are available prior to the sale date. Our free Internet catalogues, available at DoyleNewYork.com, also provide illustrations, direct communication with our specialists, and the ability to leave online absentee bids and track lots. The catalogues will help familiarize you with property being offered at the designated auction. In addition, DoyleNewYork.com offers a free Internet Personal Shopper that allows collectors to enter keywords of objects they are seeking. As each Internet auction catalogue is posted online, the collector is notified by email of any matches.
A prospective buyer must complete and sign a registration form and provide identification before bidding. We may require the production of bank or other financial references.
PROVENANCE
In certain circumstances, Doyle New York may print in the catalogue the history of ownership of a work of art if such information contributes to scholarship or is otherwise well known and assists in distinguishing the work of art. However, the identity of the seller or previous owners may not be disclosed for a variety of reasons. For example, such information may be excluded to accommodate a seller's request for confidentiality or because the identity of prior owners is unknown given the age of the work of art.
SPECIALIST'S ADVICE
Prospective bidders may be interested in specific information not included in the catalogue description of a lot. For additional information please contact either a Doyle New York specialist or Doyle New York's Client Services Department. You may also request a condition report from the specialist in charge.
BIDDING AT AUCTION
Auctions are open to the public without any admission fee or obligation to bid. Pre-auction viewings are open to the public free of charge. Doyle New York's specialists are available to give advice and condition reports at viewings or by appointment. The auctioneer introduces the objects for sale - known as "lots" - in numerical order as listed in the catalogue. The auctioneer accepts bids from those present in the saleroom, from telephone bidders, from Internet bidders or by absentee written bids left with Doyle New York in advance of the auction.
LIVE BIDDING
The most exciting way to participate at auction is the traditional method of bidding live in the salesroom with an auction paddle. Buyers who would like to bid may register for a paddle on the day of the sale upon entering the salesroom at least 30 minutes before the sale. The paddle is numbered so as to identify you to the auctioneer. To register, you will need a form of identification such as a driver's license or credit card. If you are a first-time bidder, you will also be asked for your address, phone number and signature and a bank reference in order to create your account. To avoid any delay in the release of purchases, please pre-arrange check or credit approval through Doyle New York's Credit Department at 212-427-4141 Ext. 205. If you are bidding for someone else, you will need to provide a letter from that person authorizing you to bid on that person's behalf. Issuance of a bid paddle is in Doyle New York's sole discretion.
Once the first bid has been placed, the auctioneer asks for higher bids, in increments determined by the auctioneer. To place your bid, simply raise your paddle until the auctioneer acknowledges you.
As a courtesy to bidders, a currency board may be operated. It displays the lot number and current bid in both U.S. dollars and foreign currency. Exchange rates are approximations based on recent exchange rate information and should not be relied upon as a precise invoice amount. Doyle New York assumes no responsibility for any error or omission in foreign or United States currency amounts shown.
ABSENTEE BIDDING
For buyers unable to participate live in the salesroom or on the telephone, Doyle offers the option of Absentee Bids. Absentee Bids work exactly as if the bidder were in the salesroom bidding up to a pre-determined price limit, except that the price limit is given confidentially to Doyle ahead of time. Absentee Bid Forms are available on our Web site, in our printed catalogues, and through our Client Services Department. Return the completed Absentee Bid Form to Doyle New York either by mail or by fax. When the lot that you are interested in comes up for sale, a Doyle New York representative will execute the bid on your behalf, making every effort to purchase the item for as little as possible and never exceeding your limit. The auctioneer may execute absentee bids directly from the rostrum, identifying these as "absentee bids," "book bids," or "order bids." This service is free and confidential. For detailed instructions and information, please see the Doyle New York Absentee Bid Form at the back of this catalogue or on our Web site. In the event that identical bids are submitted, the earliest will take precedence.
INTERNET BIDDING
Buyers may also conveniently leave bids on our Web site through our Internet catalogues. These bids are executed at the auction in the same fashion as an Absentee Bid.
TELEPHONE BIDDING
Clients unable to attend the sale may still participate live by bidding on the telephone with a trained staff member on the auction floor. The Telephone Bid Forms are available on our Web site, in our printed catalogue, and through our Client Services Department. Please contact the Bid Department prior to the sale to make arrangements or to answer any questions you may have. Telephone bids are accepted only at Doyle New York's discretion and at the caller's risk. Calls may also be recorded at Doyle New York's discretion. By bidding on the telephone, prospective buyers consent thereto. Telephone bids cannot be accepted for lots estimated below $1,000. Arrangements must be confirmed with the Bid Department at least 24 hours prior to the auction at 212-427-4141 Ext. 242. Arrangements to bid in languages other than English must be made well in advance of the sale date. Doyle New York offers all absentee and telephone bidding services as a convenience to our clients but will not be responsible for errors or failures to execute bids.
SUCCESSFUL BIDS
Successful absentee bidders will be notified after the sale. Absentee bidders will receive a list of sale results if they enclose a stamped self-addressed envelope with their Absentee Bid Form. Printed lists of auction prices are available immediately after the sale on our website and at our galleries. While invoices are sent out by mail after the auction, we do not accept responsibility for notifying you of the result of your bids. Buyers are requested to contact us by telephone or in person as soon as possible after the sale to obtain details of the outcome of their bids to avoid incurring unnecessary storage charges.
AFTER THE AUCTION
If your bid is successful, you can go directly to Purchaser Accounting to make payment arrangements. Otherwise, your invoice will be mailed to you. The final price is determined by adding the buyer's premium to the hammer price on a per-lot basis. Sales tax, where applicable, will be charged on the entire amount. Payment is due in full immediately after the sale. However, under certain circumstances, and generally with the seller's agreement, Doyle New York may offer buyers it deems creditworthy the option of an extended payment plan. Credit terms should be arranged prior to the sale. Please contact the Credit Department for information on credit arrangements for a particular lot.
METHODS OF PAYMENT
Accepted forms of payment include bank wire transfers, cash (in US currency up to $7,500), traveler's check (in US currency up to $7,500), money orders (in US currency up to $7,500), or personal check made payable in US dollars drawn on a US bank, unless other arrangements are made with Purchaser Accounts. It is Doyle New York's policy to request any new clients or purchasers preferring to make a cash payment to provide: verification of identity (by providing some form of government issued identification containing a photograph, such as a passport, identity card, or driver's license), confirmation of permanent address and identification of the source of the funds. Invoices greater than $10,000 require payment by certified check, bank check or wire transfer. Credit cards are not accepted for payment of auction purchases.
To pay for a purchase by check, please see our cashier and fill out a Check Acceptance Account form. Until approved, you will not be permitted to remove purchases before the check has cleared. To avoid delivery delays, prospective buyers are encouraged to supply bank or other suitable references before the auction. Check acceptance privileges are reviewed from time to time by Doyle New York and may be granted or withdrawn at our sole discretion. Checks should be made payable to Doyle New York. Note that checks drawn on foreign banks may be accepted with the approval of the Credit Department, may not be accepted for values under $500, and that there is a $100 minimum collection charge on checks drawn on foreign banks located outside the U.S. Certified checks, banker's drafts and cashier's checks are accepted at Doyle New York's discretion provided they are issued by a reputable financial institution governed by anti-money laundering laws. Instruments not meeting these requirements will be treated as "cash equivalents" and subject to the constraints noted above.
Payment by wire transfer should be directed to:
Wachovia Bank, N.A.
12 East 49th Street
New York, NY 10017
Account of William Doyle Galleries, Inc
Account Number 2000030130757
ABA# 031201467
BUYER'S PREMIUM
The invoice will include the successful hammer price of the item and the buyer's premium. Doyle New York charges a premium to the buyer on the final bid price of each lot sold at the following rates: 25% on the first $50,000 of the hammer price, 20% on the portion from $50,001 through $1,000,000, and 12% on that portion of the hammer price exceeding $1,000,000. Applicable sales tax will also be added
