Lot 263: Oil on Canvas, Portrait of British Nobleman

These conditions of sale are Nye & Companys's, a division of Buck Trout, Inc. ("we," "us" or "our"), and the consignor's entire agreement with the bidder or purchaser ("you" or "your") for the property listed in the auction catalogue, other than items listed in advertising for future sales. These conditions of sale and the contents listed in the catalogue are subject to amendment by us by the posting of notices or by oral announcements made during the sale. We will offer the property in lots. A lot may consist of a single item of property or multiple items of property as we may determine. Please note that any references to the term "including" are deemed to mean "including, by way of example and not of limitation." By bidding at any of our auctions, whether in person or by agent, by written or any other means, you agree to be bound by the following conditions of sale:
1. Property Sold "As Is." All property is sold "As Is" and without any express or implied representation or warranty by us or any consignor, including with respect to warranties of merchantability and fitness for a particular purpose or as to the physical condition, size, quality, rarity, importance, authorship, provenance, medium, period, literature, exhibitions, origin, electronic condition, frame, glass, mirror or estimated value of any lot sold. We and the consignor also make no representations or warranties as to whether you will acquire any copyrights, including reproduction rights, in any purchased property. The absence of any reference to the condition of property does not imply perfect or imperfect condition nor does a reference to defects imply the absence of others. No oral or written statement, including in the catalogue or an advertisement, bill of sale, gallery or website posting, announcement, or remarks by our staff or agents or the auctioneer, is to be considered a warranty, representation, or assumption of liability. All measurements and weights are approximate.
2. Property Available for Inspection. It is your responsibility to inspect the property before bidding to determine your level of interest. We strongly encourage an inspection so that you may determine the property's condition and whether it has been repaired or restored.
3. Property Withdrawal. We reserve the right to withdraw any property before or at a sale and cannot be held liable for any such withdrawal.
4. Right to Reject Bids. We reserve the right to reject any bid. If the auctioneer decides an opening bid is below the value of the lot offered, the auctioneer may reject that bid and withdraw the lot from sale. If the auctioneer acknowledges an opening bid, and later decides that any additional bid is insufficient, he may reject that advance. If the auctioneer does not receive or accept an advance additional bid, he then at his discretion may pass and not sell that lot.
5. Lots with Reserves; Our Interest in Property. We may offer lots subject to a "reserve," which is a confidential minimum price below which a lot will not be sold. We may implement such reserves by bidding on behalf of the consignor. We also may begin bidding for a lot at a price above the reserve, but may reduce the bid below the reserve in order to stimulate the bidding process. We or our affiliates may have an ownership or other financial interest, including as a result of a loan to a consignor, in the outcome of a sale of a lot.
6. Bidding Procedure. The auctioneer, in his sole discretion, may advance the bidding in any manner that he may decide, or withdraw or divide any lot or combine two or more lots. In the event of a bidding dispute, the auctioneer has final discretion to determine the successful bidder, cancel the sale, or to re-offer and resell the disputed lot. If a dispute arises after the sale, our sale record is conclusive and final.
7. Absentee and Phone Bidding Not Guaranteed. In our sole discretion we may permit and execute absentee bidding, including written bids, telephone bidding, and internet bidding, as a convenience to you if you are unable to attend an auction. We are not responsible for any errors or omissions related to this type of bidding. You further agree to hold us harmless should we fail in any way to execute properly this type of bid for you.
8. Title to Property. Title passes on the fall of the auctioneer's hammer to the highest acknowledged bidder subject to these conditions of sale. At that time, that bidder assumes full risk and responsibility for that lot, including liability for damage to frames or glass covering lot property. Packing and handling of purchased lots is at the entire responsibility and risk of the purchaser. We are not responsible for the acts of movers or packers and any packing or handling by us is at the entire risk of the purchaser.
9. Buyer's Premium; Tax. The total purchase price to be paid for each lot of property by you is the amount of the successful bid price plus a premium of 19.5% on the first $100,000 of the bid and 10% on any amount in excess of $100,000. Unless exempt by law, all purchases (including buyers premium) are subject to local sales or use tax.
10. Payments. You will pay us the total purchase price for a lot by credit card, cash, or traveler's checks, or personal check before the property can be removed. We reserve the right to hold the merchandise until cleared or certified funds are provided. The purchaser will be charged $25.00 for each check returned for insufficient funds.
11. Property Removal. You must pay for and remove all purchased lots, at your expense, within 14 days of sale. If you do not remove property at that time, we will charge you a PER LOT charge of $25.00 per day that the property remains at the sale site. We are not responsible for any purchased property left at the site of sale. If you do not remove purchased property within 5 days of sale, we may, at our sole discretion, consider that property abandoned or rescind the sale and or resell on behalf of the owner (purchaser or original consignor) and charge commissions on the sale, or we may send to a local warehouse at the risk and expense of the purchaser.
12. Purchaser in Default; Our Remedies. If you do not comply with any of these Conditions of Sale, you will be in default, and you agree that we and/or the consignor will have the right to pursue any remedies at law or otherwise against you as we or the consignor may determine in our or its sole discretion, including:
(i) holding you liable for the total purchase price (including buyer's premium);
(ii) canceling the sale of that or any other lots sold to you at the same time or any other auction, retaining as liquidated damages all payments made by you and reselling the property in any manner we determine without reserve. If this occurs, you will be liable for any deficiency and added cost, including our commission on both sales at our regular rate;
(iii) setting off the amount you owe us from a default against any amounts that we may owe you in other transactions;
(iv) rejecting any bids by you or that we determine in our sole discretion are being made on your behalf at other auctions or requiring you to place a deposit with us before accepting your bids; or
(v) effecting a combination of any of the foregoing as well as any other legal or equitable remedies we may have against you.
13. Limitation on Liability. In no event will our liability to you exceed the purchase price actually paid.
14. Jurisdiction, Venue, Waiver of Jury Trial. In connection with any dispute arising with us under this agreement or otherwise, you consent to the exclusive jurisdiction of the state and federal courts located in the state of New Jersey, regardless of where you may reside or have a place of business. You waive all rights you may have to a jury trial in connection with any dispute arising with us under this agreement or otherwise.

Payment and Transfer of Title

Terms of Payment
Immediately following the sale of Property sold at auction or via the Online Shop, but no later than three business days after the sale, unless we otherwise agree, you are required to pay us the Purchase Price in full. You must confirm and provide us with your name, address, identification and any other information we request from you, including, but not limited to, applicable credit card information and details of the bank from which payment will be made.

4.2 Method of Payment
Payment shall be made to us by either check, wire transfer, or for purchases of $10,000 or less by credit card or PayPal. For wire transfer, payment must be made according to the following details:

Commerzbank AG 225 Liberty Street
New York, NY 10281-1050

Swift-Code: COBAUS3XXXX
ABA routing: 026008044
For the Account of: Auctionata, Inc.
Account No.: 150112363700

4.3 Compensation of Third Parties
We reserve the right to pay from our compensation an introductory commission to one or more third parties for assisting in the sale of Property sold at auction and offered via the Online Shop.

4.4 Transfer of title
Title in any purchased Property will not pass to you until we receive the Purchase Price in full and cleared funds. We are not obligated to release Property to you until title has passed and you have provided appropriate identification. Any earlier release of the Property shall not affect the passing of title or your obligation to pay the Purchase Price.

Shipping Department Contact:
Monday - Friday, 10am-4pm
Samantha Syracuse, Shipping Manager
973-984-6900
samantha@nyeandcompany.com

Nye & Company Shipping Policy

Nye and Company's shipping department provides unique service to our bidders that many auction houses do not. Your invoice MUST be paid in FULL before we are able to transfer your information to our in-house shippers. We guarantee cost-effective shipment of your item(s) within 7-14 business days from the date of the customer's successful payment. If this time frame does not fit your needs, you can request accelerated shipping when paying your invoice, but this is not guaranteed and in which case we can refer you to a third party shipper.

Please note that as an auction house, we are handling fragile antiques that typically require adequate packaging materials and physical labor to secure damage-proof delivery to your door. All shipments are sent through FedEx services.

SECTION I. Nye and Company is unable to ship furniture, items that exceed 100lbs or specific dimensions, or any item that we deem unable to ship. For your convenience, we can refer you to a trusted outside shipping and delivery company that fits your needs as found below. If you require further assistance, please do not hesitate to contact us.

Bush Dependable Delivery
John & Diane Bush
Phone: 941-951-2447
bushdelivery@gmail.com
Delivers along entire East Coast; New England to Florida, Pittsburgh, New Hampshire.

Outward Bound Courier Logistics
Phone: 413-854-3676
outwardboundcl@yahoo.com
Delivers to NY, NYC, CT, Philadelphia, Boston.

Billy Mac Delivery
Phone: 215-285-4840
billymacdelivery@gmail.com
NJ to CA. Delivers across the United States.

SECTION II. 2% Replacement Cost Insurance Charge and Damages: All shipments are sent fully insured up to $1,000. 2% of the closing hammer price of each lot will be added to the base shipping charge. In case of a damage, you must contact FedEx directly (1-800-GO-FEDEX) and submit a claim on your own behalf. Please call us with any questions.

Shipping charges are not refundable nor negotiable. Once you place a bid, you are agreeing to a legally binding contract which includes the shipping charges you are quoted.

The total purchase price to be paid for each lot of property by you is the amount of the successful bid price plus a premium of 25%.

Unless exempt by law, all purchases (including buyers premium) are subject to local sales or use tax.

Property Sold "As Is." All property is sold "As Is" and without any express or implied representation or warranty by us or any consignor, including with respect to warranties of merchantability and fitness for a particular purpose or as to the physical condition, size, quality, rarity, importance, authorship, provenance, medium, period, literature, exhibitions, origin, electronic condition, frame, glass, mirror or estimated value of any lot sold. We and the consignor also make no representations or warranties as to whether you will acquire any copyrights, including reproduction rights, in any purchased property. The absence of any reference to the condition of property does not imply perfect or imperfect condition nor does a reference to defects imply the absence of others. No oral or written statement, including in the catalogue or an advertisement, bill of sale, gallery or website posting, announcement, or remarks by our staff or agents or the auctioneer, is to be considered a warranty, representation, or assumption of liability. All measurements and weights are approximate.

Property Sold "As Is." All property is sold "As Is" and without any express or implied representation or warranty by us or any consignor, including with respect to warranties of merchantability and fitness for a particular purpose or as to the physical condition, size, quality, rarity, importance, authorship, provenance, medium, period, literature, exhibitions, origin, electronic condition, frame, glass, mirror or estimated value of any lot sold. We and the consignor also make no representations or warranties as to whether you will acquire any copyrights, including reproduction rights, in any purchased property. The absence of any reference to the condition of property does not imply perfect or imperfect condition nor does a reference to defects imply the absence of others. No oral or written statement, including in the catalogue or an advertisement, bill of sale, gallery or website posting, announcement, or remarks by our staff or agents or the auctioneer, is to be considered a warranty, representation, or assumption of liability. All measurements and weights are approximate.