Terms
By bidding or making an offer the buyer agrees to be bound by these Terms and Conditions of sale:
Updated For 2020 Coronavirus (COVID-19). Be Sure To See PICK-UP, DELIVERY, SHIPPING & STORAGE Below.
RICHARD STEDMAN ESTATE SERVICES LLC
Event Host:
Richard Stedman Estate Services LLC FL AB3569 St. Petersburg, FL Auction Warehouse
Auctioneer Brandon Granai FL AU4461
St. Petersburg, FL Auction Warehouse Location
No in person preview or in person auction or in person payment or pick up for this event.
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 live bidding online-only event accepting A) Pre-entered absentee bids to Invaluable website + B) Live real-time bids to Invaluable Bid Live website page auction day + C) Phone bids once registered and approved for this sale.
Items herein offered by Richard Stedman Estate Services LLC as owner and or as consignor agent subject to the following terms and conditions:
A Buyer's Premium of 25% on all lots is in effect (see SALE, below).
PICK-UP, DELIVERY, SHIPPING & STORAGE
No in person preview or in person auction or in person payment and pick up is suspended for this event.
IMPORTANT: Due to the Coronavirus (COVID-19) all pick-up is suspended for this event. We will continue to drop off paid lots to the Tampa, FL 33606 UPS Store #3751 or to the Largo, FL 33778 Craters and Freighters (generally more expensive and only for large freight items) at no delivery charge once the buyer has additionally separately provided either vendor with packing and insured shipping payment however only as long as the Tampa Bay (Pinellas and Hillsborough Counties) is not under non-essential travel restrictions and only as long as that specific UPS Store #3751 and or for large freight items specifically Craters and Freighters are open and receiving merchandise and or only as long as UPS for UPS Store items or other carriers for foreign or freight items are known to be open for business at your point of destination. We have worked with UPS Store #3751 and Craters and Freighters for years to produce a combination of packing proficiency and customer service our customers find to their satisfaction and we will not be establishing new vendors based on possible store closings. We always encourage buyers to source any UPS Store or pack and ship firm they wish instead of the two above vendors for which we normally provide local pick up appts. however since those pick ups are suspended you will have to wait until we feel it is safe for our staff and visitors to re-open our offices should you wish to designate any other shipper (which may be weeks or months). Therefore, if we are or if you are, as of post-sale shipping arrangements time, in a non-essential travel ban region, while the item must be paid within 5 business days of the auction it may not be available for pick up or for drop off at our designated shippers for weeks or months in the future. During any or all of 2020 during such time such bans are in effect all storage charges will be waived. Thank you both for your interest in helping this auction be a success and for your understanding.
PRESALE
No in person preview or in person auction or in person payment or pick up for this event.
Bidders are advised to examine items in photographs and/or condition reports 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 and descriptions are supplemental 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 for certain items (below) items are sold as is without recourse and neither Richard Stedman Estate Services LLC (hereafter RSES, seller, staff and or auctioneer) nor their consignor creates any expressed or implied warranties or representations regarding any or all lots. Neither RSES or its consignor 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 solely 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 may be 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 or amended to the extent directed 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 a 25% 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 in addition to the hammer or sale or post-sale 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, VAT, shipping, packing, handling, storage fees if applicable and any other related fees in specific time parameters whether or not specified herein. A sale may be voided by RSES for non-compliance to any or all provisions and the entire dollar amount and or commission and or buyer premium due RSES 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 at the sole discretion of RSES as available depending upon both event and upon discretion of RSES. When such bids or bidding is or are available, it is the practice of RSES to accept the first of identical bids however all bids save for any in-person directly accepted and entered by auctioneer bids (if available) are provided solely 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, delayed, late or otherwise un-entered bids. RSES may refuse the admission, participation and or bidding 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 or advertised starting amount and advance the bidding in a competitive manner up to the minimum and or reserve amount either in response to other bids or consecutively or arbitrarily or the auctioneer may present or seek declining bids and then incline with or without 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 but not guaranteed to match that of the online host record. At fall of hammer or pronouncement of sale or acceptance of post-sale bid or offer, whichever comes first, liability for account settlement and item damage and or integrity and security passes (including accompanying payment and performance requirements and or any disclosed and or unidentified liens, attachments, etc.) to the buyer and buyer assumes all liability for said lot including insurance at that time.
AUCTIONEER 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 as allowable may additionally apply to all items at all times at the discretion of RSES.
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, Era, Manner, -esque, 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 usually do not involve unasked questions that could have been asked prior to the sale or relate to matters of edition, edition age or an artist relation to an edition, matters of conservation, signatures, marks or stamps in of themselves, determinations of place of manufacture, period, era, stage of artist 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 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 one to a few 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 or damage to a part, supporting, accompanying or supplemental item or insignificant to minor loss or damage to principal item is virtually never considered for full refund but may be considered for partial, often modest, proportionate adjustment based on bid amount rather than appraised, estimated, replacement or other 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 Discretionary Guarantee consideration as does any title transfer attempt, resale offer, 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. We accept wire transfers for invoices over $2,000 and as required in Shipping information for many 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, future fee, client account debit, lien or future lien for all commissions and fees and buyer premiums and in-house as well as subcontracted expenses for both the defaulted and future sale including fees and expenses involved in any sales where the lot is unsold prior to a future event where the item is sold.
