Terms & Conditions
Richard Stedman Estate Services LLC, FL AB3569, presents their Late Spring 2017 online-only auction on Invaluable Saturday, May 20th @ 9amPacific/12NoonEastern.
Unless noted, all items are available for inspection + local pick-up in St. Petersburg, Tampa Bay, FL by appt.
Sale features Modern & Contemporary Paintings, Sculpture & Editions + Chinese, Thai, Tibetan, Japanese & European and Modern Design from two Palm Beach, Florida area collections and the property of a New York institution. Pinellas County, FL online-only event accepting pre-entered absentee bids to Invaluable website + live real-time bids to Invaluable Bid Live website page on auction day as well as absentee and phone bids. Be sure to place your confidential bids early directly w/ Invaluable, provide us with your absentee bids, sign-up for phone bidding or bid quickly on Invaluable Bid Live website page during the auction. Our exciting fast-paced sales average 45 seconds to 90 seconds per lot so please be prepared to bid immediately or consider leaving bids with us or with the Invaluable online catalogue before the sale goes live. We'll see you online! Auctioneer Brandon Granai FL AU4461.
EVENT HOST: St. Petersburg, FL Auction Warehouse Location By. appt. only. No warehouse activity day of auction. 5566 64th Way N., St. Petersburg, FL All mail and package shipping: Richard Stedman Estate Services LLC FL Lic. #AB3569 301 W. Platt St. #87, Tampa, FL 33606
USA AUCTION INFORMATION 7 Days a Week, 9am-9pm EasternTime R V Stedman Cell & Text 727.515.5985 info@museumappraisers.com
TERMS & CONDITIONS
RICHARD STEDMAN ESTATE SERVICES LLC
Event Host:
Richard Stedman Estate Services LLC FL AB 3569 St. Petersburg, FL Auction Warehouse
Auctioneer Brandon Granai FL AU4461
St. Petersburg, FL Auction Warehouse Location
By. Appt. Only
5566 64th Way N., St. Petersburg, FL
All mail and package shipping should be addressed to:
Richard Stedman Estate Services LLC
FL AB3569
301 W. Platt St. #87, Tampa, FL 33606 USA
AUCTION INFORMATION
7 Days a Week, 9am-9pm EasternTime
R V Stedman
Cell & Text 727.515.5985
info@museumappraisers.com
Pinellas County, FL online-only event accepting pre-entered absentee bids to Invaluable website or our office, phone bids + live real-time bids to Invaluable Bid Live website page auction day.
Items herein offered by Richard Stedman Estate Services LLC as owner and/or as agent and/or as auction business agent for consignor or consignors(s) subject to the following terms and conditions. Buyer's Premium is in effect (see SALE, below). By placing a bid or offer buyer agrees to be bound to these Terms and Conditions of sale:
PRESALE
Bidders are advised to examine items in photographs and/or condition reports and/or to request an advance inspection of specific lots by appt. as available in the Tampa Bay and/or to request supplemental information, images, condition reports and details of provenance as well as payment and shipping requirements prior to bidding. Additionally, all images are condition reports and anything visible in any image is considered disclosed. Save for the opportunity for a buyer to apply for an AUCTIONEER'S DISCRETIONARY GUARANTEE (below) items are sold as is without recourse and neither Richard Stedman Estate Services LLC (hereafter RSES, seller, staff and also hereafter as auctioneer unless another party is engaged as auctioneer apart from RSES as auction business) nor their consignor(s) create any expressed or implied warranties or representations regarding any or all lots. Neither RSES or its consignor(s) makes any express or implied warranty or representation of any kind or nature with respect to catalogue accuracy, merchantability, fitness for purpose, condition, size, quality , importance, rarity, desirability, medium, color, weight, variety, relationship to individual or firm identified as creator, designer, printer or publisher, edition, Certificate of Authenticity or COA, material, genuineness, attribution, period, culture, source, origin, confirmation of authorization, exhibitions, literature, provenance, attribute, defect, imperfect nature or historical significance of any lot sold nor is RSES liable for the accuracy or inaccuracy of any condition reports or photographic description or published or printed document or report, all of which are provided as a free convenience. Absence of a condition report does not imply an item is in undamaged or in perfect condition, unused, unworn, mint or without defect. No supplemental statements, written, oral, at the podium, advertised, used in a receipt description or otherwise creates any warranty, representation, appraisal, certification of authenticity or liability on behalf of RSES or their clients. No copyright or reproduction rights are assumed or conveyed and all images of items are copyright RSES. Terms and Conditions shall be governed, interpreted and if necessary adjudged by the laws of the jurisdiction in the county, district and state of unincorporated Pinellas County, Florida, USA where auction is held. If any part of these Terms and Conditions is found by any court to be invalid, illegal or unenforceable that part shall be so discounted and the remainder shall continue to be valid to the fullest extent of the law.
SALE
Identification, financial references and bidder prequalification are at the discretion of RSES. Bidders are liable for both hammer price and applicable Buyer's Premium (a specified percentage amount in addition to the hammer or sale price, based on the hammer or sale price, due to the seller, RSES, as additional earned commission, payable by the winning bidder as a component part of the purchase price and not applicable to consignor proceeds if a consigned item), applicable sales tax, use tax or proof of current tax exempt status, all duties, shipping, packing, handling, storage fees if applicable and any other related fees in specific time parameters whether or not specified herein. A sale(s) may be voided by RSES for non-compliance to any or all provisions and the entire dollar amount(s) and/or specific performance may still be deemed by RSES due RSES. Bidders are agreed to be liable principals unless otherwise outlined with RSES in advance. Live, absentee, telephone, online and other proxy bids are accepted and enacted as available at the sole discretion of RSES. When such bids or bidding is/are available, it is the firm's practice to accept the first of identical bids however absentee bids are provided as a convenience by RSES who shall assume no liability for errors, omissions, missed, dropped or late calls, software, hardware, intranet, internet or human failure or other any matter concerning any live, analog or digital live or media conveyances, failed or unexecuted, missed, late or otherwise un-entered bids. RSES may refuse the admission, participation and/or bidding(s) of any party at any time on any or all lots. Some or all lots may be subject to a reserve price and/or minimum opening bid or in the absence of a reserve an auctioneer's discretionary opening or minimum amount and when any such minimum is present it shall not exceed the low estimate. RSES may use computer operated timed bidding and/or live bidding as available and may open bidding at, or as available, below a reserve amount and advance the bidding in a competitive manner up to the reserve amount either in response to other bids or consecutively or the auctioneer may present or seek declining bids and then incline in increment thereafter. RSES and their staff may bid on their own account as allowable by platform and statute for any and all lots. Auctioneer determines successful bidder, may combine or divide lots or alter or adapt increments and/or decide at their discretion if a lot may be re-opened, re-offered or canceled and is the sole judge of disputed and/or tie bidding whose record of sale is conclusive, which in a timed auction will be assumed to match that of the online host's record. At fall of hammer or pronouncement of sale or acceptance of post-sale bid or offer, whichever comes first, title passes (with accompanying payment and performance requirements and or liens, etc.) and buyer assumes all liability for said lot(s) including insurance and damage at that time.
AUCTIONEER'S DISCRETIONARY GUARANTEE
All of the limits and disclaimers elsewhere in these Terms & Conditions apply to all items at all times. Additionally, all limiting terms and limiting conditions in lot listings and advertisements and verbal and written communication apply to all items at all times.
Any or all of the Terms and Conditions may be waived or modified at the sole discretion of RSES. While all items are offered and sold entirely as is without return privilege or recourse as outlined above and below RSES may, entirely at their discretion, consider a limited return privilege - the guarantee is specifically of RSES considering the application for an adjustment, not a guarantee of a refund, adjustment, credit or other consideration (outlined below after the exclusions to follow) on a case by case basis for certain items whose certain attributes may come into question prior to the consignor being paid or a date to be determined by RSES no more than twenty eight calendar days passing from date of sale, whichever occurs first, regardless of payment, inspection, invoice, shipping, delivery, pick-up or other transaction, evaluation or examination-related status. This discretionary review consideration does not apply to these very specific exclusions and additionally does not apply to more general exclusions below: Artwork created or described as created or assumed to be created prior to 1850 or to work by, attributed to or associated with artists born prior to 1800 nor does it apply to estimates of dates of creation within the dates of an artist's lifetime born 1800 or later. Also excluded are dates of printing of a print or date of manufacture of a work of decorative art if the question arises of the creation of said lot possibly dating to a year later than said item's design. Additional exclusions include specific materials within scope of original materials i.e. oil vs. acrylic, specific variations between direct-contact print media i.e. etching vs. stone lithograph vs. woodblock print, variations between screened, offset, digitized or reproductive media i.e. chromolithograph vs. photolithograph vs. serigraph vs. pochoir vs. giclee or material variations within decorative arts i.e. mahogany vs. boxwood, oak vs. chestnut, pine vs. poplar, plastic vs. Bakelite vs. lucite, porcelain vs. faience, paktong vs. pewter, rose gold vs. yellow gold, bone vs. other natural materials, etc. Items identified as simply lithographs may be original stone lithos, offset or otherwise photoreproductive editions, items identified as simply prints may be of any reproductive media, items identified simply as silver may be of any silver metal including silverplate, Sheffield, .800, coin, sterling or otherwise and items identified simply as gold may be of any gold metal including gold electroplate, gold plate, rolled gold, karat gold or fine gold. Items identified as brass or bronze may be of any non-ferrous metal composition such as brass, bronze, dore' bronze, etc. and any identified metal-containing item including but not limited to brass, bronze, gold, iron and silver may contain other metals or component parts of other metals and or other materials and items containing descriptions of any materials may also contain additional materials in said object(s). Excluded are lots with any tentative or speculative designations i.e. After, School of, Circle of, Attributed to, bears signature, apparently, likely, etc. Another very important exclusion are works by artists or firms for whom in the same original or print category the majority of examples that currently are offered at auction without artist, artist's family, exhibition, prior international auction or catalogue raisonne' provenance by major auction firms with offices in more than one country require certificates from specific experts or foundations prior to inclusion in such auctions and the subject lot offered by RSES lacks such a certificate i.e. for original works by Georges Rouault or Pablo Picasso and over one thousand other prominent artists (please inquire in advance) as well as for objects routinely offered authenticated and or graded by grading societies such as autographed baseball cards and gemstones over a carat. Other artists excluded from discretionary consideration include those artists or firms where authentication committees or experts may be forming, disbanding or where multiple experts are known to offer differing opinions or numerous revised opinions including i.e. originals by Jackson Pollock, Willem de Kooning, Andy Warhol and Rembrandt van Rijn. Additionally excluded from discretionary guarantee consideration are any works in any media by artists who regularly receive media coverage, whether or not warranted, for widespread incidents of fraud, forgery, fakery or misrepresentation including ARTnews' 10 Most Faked Artists (Giorgio de Chirico, Jean-Baptiste-Camille Corot, Salvador Dali, Honore Daumier, Vincent van Gogh, Kazimir Malevich, Amedeo Modigliani, Frederic Remington, Auguste Rodin, Maurice Utrillo), Marc Chagall, Joan Miro', Alexander Calder, many members of the Russian avant-garde, major French Impressionists and most major Mexican Modernists. Additionally excluded from guarantee consideration are items by Galle', Rolex, Tiffany Studios and Tiffany Co., glass signed Lalique (as opposed to glass by R. Lalique) as well as any item not signed in a Western European language (due to staffing limitations). Clocks, watches, vehicles and mechanical objects are excluded from discretionary guarantee consideration apart from karat gold content markings. Any item that carries a specific supplemental statement in the item description addressing Auctioneer's Discretionary Guarantee may be eligible for consideration of limited guarantee even if otherwise excluded herein.
For certain items however, for a certain time period (see below) and/or under certain circumstances (see below) RSES will entertain full or partial refunds or full or partial current or future merchandise credit at RSES discretion at the timetable discretion of RSES and/or cancellations at the shipping and/or logistical discretion of RSES if, solely in the opinion of RSES, a significantly better or significantly more complete or significantly more accurate description and/or photograph could have been provided. These events are rare, historically with our firm less than once per event, and typically involve the following: An accuracy issue to an answer to a specific question or inquiry raised prior to the auction rather than after purchase, items with medium significantly differing such as painting versus print, a potential modern fake of an antique item, precious versus non-precious specified material or the lack of a certificate said to accompany a lot. These events typically do not involve questions that could have been asked prior to the sale or matters of edition, edition age or an artist's relation to an edition, matters of conservation, signatures, marks or stamps in of themselves, determinations of place of manufacture, period, era, stage of artist's life or versions of items that may be out of period but not contemporary or a provenance that does not come with a written certification document - or any number of other factors that are, as with all factors, solely the buyer's responsibility to independently determine on their own prior to the auction. Such an application for consideration needs to be raised as soon as possible and in most cases in well less than a month after the sale before a consignor is paid. If an expert is pre-discussed with our staff, the timetable of putting the expert in front of the item or a photographic allowance must be a component part of the discussion. More advisable is to fly or drive yourself or your expert to our item with an advance inspection lot-specific appointment. Additionally, all lots are considered to have a decorative value typically several hundred dollars or more for prints and objects and potentially many hundreds to several thousand dollars or more for paintings and furniture so that a print selling, for example, in the low hundreds or a painting selling, for example, under a thousand dollars is almost never considered for a return no matter how potentially mis-described, as our other customers who may have expressed solely decorative interest at the same bid amount, even if an item sold at one bid at the reserve or sold post-sale, may not have had the same connoisseurship concerns yet RSES forfeited their purchase interest by acceptance of the current client's bid. The absence or loss of a component part or partial number of items of a multi-item lot is virtually never considered for full refund but may be considered for partial, often modest, proportionate adjustment based on bid amount rather than replacement amount. Please see title and buyer liability upon item sale conditions elsewhere.
Virtually always an adjustment consideration involves the immediate return of the item in identical condition and state of completeness at the cost and responsibility of the buyer. Any testing, cleaning, material sampling, destructive examination, cutting, unsealing, breaking open, dislodging or replacement without the prior expressed consent of RSES voids any and all Auctioneer's Discretionary Guarantee consideration as does any title transfer attempt, sale, syndication, publication, exhibition or third party involvement initiated by the buyer or any buyer affiliate, agent, customer or expert, etc. at any time.
It is understood we are a small, regional family-run house without specialist departments or retained experts and it is unrealistic to assume or expect the same degree of cataloging or service expertise such a multi-departmental firm may offer.
POST SALE
Payment as outlined above is due upon the close of the fifth business day following the sale, regardless of whether an invoice has been received. Unless otherwise approved, for total sale invoices including buyer's premium and sales tax up to USD $ 2,000.00 (unless higher approval) we accept PayPal which accepts major credit cards and does not require opening an account. We accept wire transfers for invoices over $2,000 and as required in Shipping information for most purchases outside the Continental U.S. and, additionally for live events only, cash (for which we reserve the right to file a present or future 1099, etc.). PayPal purchases must be shipped to the account address unless specific approval is obtained. Upon title passing buyer agrees to hold RSES, their owners, auctioneers, staff, management, subcontractors, consignors and all affiliated parties free from any current, subsequent or future liability or other legal or civil claims of any and all nature(s) relating to purchased item(s) and transaction and dealings with RSES and that no liability shall be assumed by RSES in any future use, misuse, description, valuation, appraisal, exhibition, storage or other action or inaction involving said item(s) by auctioneer, staff, bidder, buyer or any future owner. Delays or inabilities to obtain any license, permit, waiver, etc. or any or all above specified requirements from any organization, government or body shall not warrant sale cancellation or other non-compliance with Terms of Sale.
Additionally, for any item not paid in full after 5 business days, the sale may be canceled and the item released to RSES at RSES' discretion to the disposition of RSES discretion. Should the item be resold by RSES or any affiliate or assignee at any future time as permissible by law, RSES may, as permissible by law, assess a fee(s), future fee(s), client account debit(s), lien(s) or future lien(s) for all commissions and fees and buyer's premiums and in-house as well as subcontracted expenses for both the defaulted and future sale(s) including fees and expenses involved in any sales where the lot is unsold prior to a future event where the item is sold.
See additional Terms & Conditions in Shipping and in item listings.
PICK-UP, DELIVERY, SHIPPING & STORAGE
Buyers are responsible for all post-auction costs and insurance including shipping-related expenses, any duties and applicable moving and/or storage fees, etc. All items are shipped to the buyer's address supplied to us by PayPal unless specific approval is obtained, in which case a wire transfer for both the purchase price and/or for shipping amount may be required.
LOCAL FL BUYERS:
We offer Tampa Bay pick-up incl. many weekends and evenings by appt. from our Pinellas County auction warehouse location unless noted otherwise, however we do not offer payment services at the warehouse and all items must be paid at sale time prior to scheduling pick-up. Note there are no pick-ups auction day or the following Sunday or Monday.
CENTRAL & SOUTH FL STAFF DELIVERY POSSIBLE
Our staff travels throughout central and south Florida on average every 3-4 weeks and typically we can offer free or reduced cost delivery to those areas within 2 to 9 weeks, however all items must be paid for at sale time. Since FL staff delivery is often free or at cost it is performed at our convenience, subject to both our travel schedule changes and our staff availability as they pass through your area, which may be an evening, weekend, holiday or day of observance.
CONTINENTAL U.S.:
LOTS with CONTINENTAL U.S. LOWER COST WELL PACKED IN-HOUSE FLAT RATE SHIPPING 7 to 14 calendar days after payment (packed & shipped typically over 1 week & under 3 weeks after payment):
Some lots are offered with item-specific flat rate Continental U.S. Ground Service insured for loss shipping in addition to the purchase price - including as part of the quoted shipping amount free, nominal charge or discounted packing and handling. We can combined like-shaped or sized items in many instances for a charge less than the sum of the individual charges. We do not ship works on paper rolled or deliver works on paper to outside shippers for rolling (works on paper packed in-house are typically packed in a rigid flatpack). Flat rate item carrier is at the auction house's discretion (typically UPS Ground). Packing and handling will be administrated either in-house or by a packing or shipping contractor at the auction house's discretion (typically in-house, time permitting). While average shipping times from time payment clears may be listed and we make every effort to accommodate all clients as quickly as possible, this is a generally an in-house, at or below-cost service extended as a convenience to our customers and there is no guarantee of turn-around time. Delays in in-house shipping are not grounds for refunds or adjustments. Buyers may at any time contract with an outside party for delivery at their expense instead.
Important Note: Since UPS created the UPS Store, insurance for damage only applies to items packed by the UPS Store, who charges a separate packing, insurance and handling fee in addition to a shipping charge based on your location. Flat Rate shipping items packed by the auctioneer in-house shipped via UPS are covered for loss but not damage. While our clients consistently say our packing is superior to chain location shippers and we offer in-house and/or flat rate shipping solely as a reduced-cost alternative to chain shipping stores at the request of our customers, if you wish to be insured for damage as well as for loss you must choose an outside shipper (see below - we offer free drop-off to outside shippers including the UPS Store for non-oversize items in most cases).
If you receive an invoice with Flat Rate shipping added and wish to use an outside shipper please request an amended invoice with no shipping added upon receipt of the initial invoice.
OUTSIDE SHIPPERS WHERE WE DROP OFF (at no charge unless indicated in lot listing - if item is over 48" in any dimension or over 50lbs or of any size but listed as being offered from a location other than our Tampa Bay location there may be a drop-off fee even if not specified so please inquire in advance of bidding to be sure):
Our Specific Craters & Freighters Contact: dave.amos@cratersandfreighters.com
Our Specific UPS Store:
store3751@theupsstore.com
Note: Some trucking firms serving other Tampa Bay Invaluable sellers can also pick-up from us, however we can only meet truckers by advance appt. as we do not currently offer warehouse hours.
LOTS with OUTSIDE SHIPPING REQUIRED:
Some lots (generally items too large for common carrier ground service, items of higher value estimates, fragile items, furniture, works of irregular shape, lots comprised of multiple pieces, objects located off-premises or items still at consignor locations, etc.) are not offered with Flat Rate shipping. Combining of items is at the discretion of the shipper. Note that we do not ship works on paper rolled or deliver works on paper to outside shippers for rolling (works on paper packed by outside shippers are typically required to be flatpacked then additionally boxed). Payment for the item is due upon receipt as outlined in Terms of Sale. It is the buyer's responsibility to retain and separately pay directly an outside shipper for packing, handling and insured shipping as well as to pay any duties and/or use tax upon receipt (and to also arrange at their expense warehouse or off-site pick-up if so indicated). While average drop-off times to designated outside shippers from time payment clears may be listed and we make every effort to accommodate all clients as quickly as possible, there is no guarantee of either drop-off time or of the outside shipper's packing and/or shipping time and delays are not grounds for refunds or adjustments. All items are shipped by the outside shipper to the buyer's address supplied to us by PayPal unless specific approval is obtained, in which case a wire transfer for the purchase price to the auction house may be required prior to release or drop-off at a shipper of the item, who then may require their own wired or non-PayPal payment.
Important: Please note that while most items ship from our Tampa Bay 33606 ZipCode some items may ship from other FL ZipCodes or from our Las Vegas or upstate NY ZipCodes where indicated.
Our Specific Craters & Freighters Contact: dave.amos@cratersandfreighters.com
Our Specific UPS Store:
store3751@theupsstore.com
SHIPPING OUTSIDE of the CONTINENTAL U.S.:
We do not offer in-house shipping outside of the Continental U.S.
Per our Terms & Conditions, unless prior approval is received, payment for the item is available by PayPal for purchases outside the Continental U.S. up to $ 1,000 per lot or $ 2,000 total per bidder (no PayPal limit to Alaska or Hawaii) in U.S. Territories, Canada, the UK and the EU only - unless advance approval is obtained from the auctioneer. Purchases outside the Continental U.S. over those amounts as well as purchases of any amounts from elsewhere must be paid for by wire transfer.
Our outside shipping contractors are franchisees of national firms that follow U.S Customs guidelines and are not allowed by their parent company guidelines to understate values, ship items as gifts, misrepresent descriptions, ship via carrier options that do not provide insurance for the purchase price of a particular item, ship without a tracking number or ship to countries where the importation of art and/or antiques by common carrier is restricted or prohibited such as to, for two of may examples, the Netherlands or Israel. Approval of a bidder does not constitute acknowledgement that a lot(s) will be able to be shipped in-house or by an outside shipper to any specific location and the inability to receive an item under our, an outside shipper's, a carrier's or a country's guidelines does not exempt the buyer from the responsibility of paying for an item(s) and abiding by all of the Terms & Conditions. If our outside shipping contractors can not ship a specific lot of a specific description of a specific size and specific insured value at an agreed-upon amount the buyer may pay for the item by wire transfer and retain either one of our outside shippers or an outside shipper of their choosing to ship to a representative in the Continental U.S. or elsewhere of the buyer's designation however the purchase price is due upon receipt per our Terms & Conditions and all arrangements are the responsibility of the buyer. Additionally, approved PayPal purchases outside the Continental U.S. (see above in this paragraph) must be shipped by the outside shipper to the buyer's address supplied to us by PayPal unless specific approval is obtained, in which case a wire transfer for the purchase price to the auction house may be required prior to release or drop-off at a shipper of the item.
Payment for the item is due upon receipt as outlined in Terms of Sale. It is the buyer's responsibility to retain and separately pay directly an outside shipper for packing, handling and insured shipping (and to also arrange at their expense warehouse or off-site pick-up if so indicated). Duties and import/export fees, licenses, etc. are the sole responsibility of the buyer.
While average drop-off times to designated outside shippers from time payment clears may be listed and we make every effort to accommodate all clients as quickly as possible, there is no guarantee of either drop-off time or of the outside shipper's packing and/or shipping time and delays are not grounds for refunds or adjustments.
Our Specific Craters & Freighters Contact: dave.amos@cratersandfreighters.com
Our Specific UPS Store:
store3751@theupsstore.com
ADDITIONAL SHIPPING NOTES:
Buyers of goods not liable for sales tax due to items being shipped out of county or state may be liable for use tax in their receiving county and/or state, that, as with international duties, are the sole responsibility of the buyer.
All buyers who have not in the absence of specific arrangements paid for both their purchases and their Flat Rate shipping within the 5 day payment deadline or who have not paid for both their purchases within he five day payment deadline and for their outside shipping (if not using Flat Rate shipping or if Flat Rate shipping is not offered) within 5 days of the payment-cleared item being dropped off at an outside shipper are subject to a combined uninsured storage fee of $10 + 2% of the hammer price per item per month in addition to any (re)pick-up fees (all fees as a lien where applicable) with purchase requirements and disposition of items per Terms & Conditions remaining in effect.
Additionally, as permissible by law, paid items not picked up or shipped within 60 days may be resold at a location and time and manner of the seller's discretion and the buyer by placing a bid agrees to receive in return for their item payment only any portion of the recovered monies less all commissions and in-house as well as subcontracted expenses for both sales up to but not exceeding the amount of their purchase price.
Our Specific Craters & Freighters Contact: dave.amos@cratersandfreighters.com
Our Specific UPS Store:
store3751@theupsstore.com
Please see Item Listings as well as Terms & Conditions for additional details. Item Listings as well as Terms & Conditions for additional details.
Auctioneer's Discretionary Guarantee
AUCTIONEER'S DISCRETIONARY GUARANTEE
All limiting terms and limiting conditions in lot listings and advertisements and verbal and written communication apply to all items at all times.
While all items are offered and sold entirely as is without return privilege or recourse as outlined in Terms & Conditions and below RSES may, entirely at their discretion, consider a limited return privilege - the guarantee is specifically of RSES considering the application for an adjustment, not a guarantee of a refund, adjustment, credit or other consideration (outlined below after the exclusions to follow) on a case by case basis for certain items whose certain attributes may come into question prior to the consignor being paid or a date to be determined by RSES no more than twenty eight calendar days passing from date of sale, whichever occurs first, regardless of payment, inspection, invoice, shipping, delivery, pick-up or other transaction, evaluation or examination-related status. This discretionary review consideration does not apply to these very specific exclusions and additionally does not apply to more general exclusions below: Artwork created or described as created or assumed to be created prior to 1850 or to work by, attributed to or associated with artists born prior to 1800 nor does it apply to estimates of dates of creation within the dates of an artist's lifetime born 1800 or later. Also excluded are dates of printing of a print or date of manufacture of a work of decorative art if the question arises of the creation of said lot possibly dating to a year later than said item's design. Additional exclusions include specific materials within scope of original materials i.e. oil vs. acrylic, specific variations between direct-contact print media i.e. etching vs. stone lithograph vs. woodblock print, variations between screened, offset, digitized or reproductive media i.e. chromolithograph vs. photolithograph vs. serigraph vs. pochoir vs. giclee or material variations within decorative arts i.e. mahogany vs. boxwood, oak vs. chestnut, pine vs. poplar, plastic vs. Bakelite vs. lucite, porcelain vs. faience, paktong vs. pewter, rose gold vs. yellow gold, bone vs. other natural materials, etc. Items identified as simply lithographs may be original stone lithos, offset or otherwise photoreproductive editions, items identified as simply prints may be of any reproductive media, items identified simply as silver may be of any silver metal including silverplate, Sheffield, .800, coin, sterling or otherwise and items identified simply as gold may be of any gold metal including gold electroplate, gold plate, rolled gold, karat gold or fine gold. Items identified as brass or bronze may be of any non-ferrous metal composition such as brass, bronze, dore' bronze, etc. and any identified metal-containing item including but not limited to brass, bronze, gold, iron and silver may contain other metals or component parts of other metals and or other materials and items containing descriptions of any materials may also contain additional materials in said object(s). Excluded are lots with any tentative or speculative designations i.e. After, School of, Circle of, Attributed to, bears signature, apparently, likely, etc. Another very important exclusion are works by artists or firms for whom in the same original or print category the majority of examples that currently are offered at auction without artist, artist's family, exhibition, prior international auction or catalogue raisonne' provenance by major auction firms with offices in more than one country require certificates from specific experts or foundations prior to inclusion in such auctions and the subject lot offered by RSES lacks such a certificate i.e. for original works by Georges Rouault or Pablo Picasso and over one thousand other prominent artists (please inquire in advance) as well as for objects routinely offered authenticated and or graded by grading societies such as autographed baseball cards and gemstones over a carat. Other artists excluded from discretionary consideration include those artists or firms where authentication committees or experts may be forming, disbanding or where multiple experts are known to offer differing opinions or numerous revised opinions including i.e. originals by Jackson Pollock, Willem de Kooning, Andy Warhol and Rembrandt van Rijn. Additionally excluded from discretionary guarantee consideration are any works in any media by artists who regularly receive media coverage, whether or not warranted, for widespread incidents of fraud, forgery, fakery or misrepresentation including ARTnews' 10 Most Faked Artists (Giorgio de Chirico, Jean-Baptiste-Camille Corot, Salvador Dali, Honore Daumier, Vincent van Gogh, Kazimir Malevich, Amedeo Modigliani, Frederic Remington, Auguste Rodin, Maurice Utrillo), Marc Chagall, Joan Miro', Alexander Calder, many members of the Russian avant-garde, major French Impressionists and most major Mexican Modernists. Additionally excluded from guarantee consideration are items by Galle', Rolex, Tiffany Studios and Tiffany Co., glass signed Lalique (as opposed to glass by R. Lalique) as well as any item not signed in a Western European language (due to staffing limitations). Clocks, watches, vehicles and mechanical objects are excluded from discretionary guarantee consideration apart from karat gold content markings. Any item that carries a specific supplemental statement in the item description addressing Auctioneer's Discretionary Guarantee may be eligible for consideration of limited guarantee even if otherwise excluded herein.
For certain items however, for a certain time period (see below) and/or under certain circumstances (see below) RSES will entertain full or partial refunds or full or partial current or future merchandise credit at RSES discretion at the timetable discretion of RSES and/or cancellations at the shipping and/or logistical discretion of RSES if, solely in the opinion of RSES, a significantly better or significantly more complete or significantly more accurate description and/or photograph could have been provided. These events are rare, historically with our firm less than once per event, and typically involve the following: An accuracy issue to an answer to a specific question or inquiry raised prior to the auction rather than after purchase, items with medium significantly differing such as painting versus print, a potential modern fake of an antique item, precious versus non-precious specified material or the lack of a certificate said to accompany a lot. These events typically do not involve questions that could have been asked prior to the sale or matters of edition, edition age or an artist's relation to an edition, matters of conservation, signatures, marks or stamps in of themselves, determinations of place of manufacture, period, era, stage of artist's life or versions of items that may be out of period but not contemporary or a provenance that does not come with a written certification document - or any number of other factors that are, as with all factors, solely the buyer's responsibility to independently determine on their own prior to the auction. Such an application for consideration needs to be raised as soon as possible and in most cases in well less than a month after the sale before a consignor is paid. If an expert is pre-discussed with our staff, the timetable of putting the expert in front of the item or a photographic allowance must be a component part of the discussion. More advisable is to fly or drive yourself or your expert to our item with an advance inspection lot-specific appointment. Additionally, all lots are considered to have a decorative value typically several hundred dollars or more for prints and objects and potentially many hundreds to several thousand dollars or more for paintings and furniture so that a print selling, for example, in the low hundreds or a painting selling, for example, under a thousand dollars is almost never considered for a return no matter how potentially mis-described, as our other customers who may have expressed solely decorative interest at the same bid amount, even if an item sold at one bid at the reserve or sold post-sale, may not have had the same connoisseurship concerns yet RSES forfeited their purchase interest by acceptance of the current client's bid. The absence or loss of a component part or partial number of items of a multi-item lot is virtually never considered for full refund but may be considered for partial, often modest, proportionate adjustment based on bid amount rather than replacement amount. Please see title and buyer liability upon item sale conditions elsewhere.
Virtually always an adjustment consideration involves the immediate return of the item in identical condition and state of completeness at the cost and responsibility of the buyer. Any testing, cleaning, material sampling, destructive examination, cutting, unsealing, breaking open, dislodging or replacement without the prior expressed consent of RSES voids any and all Auctioneer's Discretionary Guarantee consideration as does any title transfer attempt, sale, syndication, publication, exhibition or third party involvement initiated by the buyer or any buyer affiliate, agent, customer or expert, etc. at any time.
It is understood we are a small, regional family-run house without specialist departments or retained experts and it is unrealistic to assume or expect the same degree of cataloging or service expertise such a multi-departmental firm may offer.
