Lot 67: Painting

The property in today's sale will be offered by Auctioneer as agent for Consignor according to the following terms and conditions:

All property is sold "as is", "where is" and ALL SALES ARE FINAL. Property is open to thorough inspection and it is the bidder's responsibility to determine condition, etc.

Though all description and commentary are believed to be correct, neither Auctioneer or Consignor makes any warranties or representations of any kind with respect to the property and in no event shall be held responsible for having made or implied any warranty of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, condition, etc.

A bid by any person shall be conclusive proof that the person has made himself acquainted with these conditions of sale and has agreed to be bound by them.

The buyer shall be the highest bidder. Should a tie or dispute arise between two bidders, the auctioneer may at his discretion reopen the bidding between the high bidders until the property is sold.

To maintain the continuity of the sale it shall be the duty of the auctioneer to advance the bidding at his own discretion and may reject a nominal or fractional advance should it in his estimation prove injurious to the sale.

In the case of lots upon which there may be a reserve price the auctioneer shall have the right to bid on behalf of the Consignor or Consignor may wish to bid personally or by Agent. However, in all cases full commissions are due and payable to auctioneer without distinction or preference shown to such Consignor or Agent should he become the successful bidder.

Auctioneers note: The vast majority of items offered for sale are sold regardless of price and without minimum bid. On occasion in order to offer the widest selection of merchandise possible which would otherwise be unavailable for sale we may sell selected pieces subject to a fair reserve price established by the owner and communicated prior to commencing bidding.

A Buyer's Premium shall be added to all successful bids and shall become part of the purchase price subject to applicable sales tax.

Prior to removal of purchases payment must be made in cash or by other means as announced by the auctioneer before the sale. Unless exempted by law, the purchaser shall pay any and all applicable sales taxes.

Upon the fall of the auctioneer's hammer and/or when the auctioneer says sold, title on the property shall pass to the highest bidder who thereupon assumes full risk and responsibility. All property shall be removed from the premises by the purchaser at his own risk and expense within the time period announced by the auctioneer and if not so removed may be sent by auctioneer to a storage facility for the account, risk, and expense of the purchaser.

Auctioneer shall as a courtesy undertake to make execution bids for responsible parties in their absence yet reserves the right to decline to do so and in no case shall be responsible for failure to do so. Please arrange payment prior to leaving an absentee bid. Removal of merchandise shall be in accordance with other conditions listed herein.

Auctioneer reserves the right to withdraw any item before or during the sale.

Neither auctioneer or consignor shall be liable for any personal injury on the premises where sale shall be held.

Auctioneer may facilitate the employment of carriers and packers as a convenience to the purchasers but assumes no responsibility for their actions.

If the foregoing conditions or any other conditions herein are not complied with, in addition top other remedies available to auctioneer and the consignor by law, including, without limitation, the right to hold the purchaser liable for the bid price, the Auctioneer, at his option, may either a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or b) resell the property publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs including storage, the expense of both sales, auctioneer's commission at its usual rate, and all other charges due hereunder and incidental damages.

It is our policy to protect the identity of any and all bidders and consignors at our sales, whether the bidder or consignor is present or has left an execution bid with the auctioneer.

Your bidding at this Auction indicates that you have read and accept these Terms & Conditions of Sale. A bid by any person shall be conclusive proof that the person has made himself acquainted with the conditions of sale and has agreed to be bound by them. If you are the successful and winning bidder, you have entered into a legally binding contract to purchase the property bid upon. You should contact the seller to resolve any questions before bidding. The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubt on ABA's part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, ABA sale record is conclusive and final.

Acceptable forms of payment are Paypal, cash, bank check, money order, Visa, MasterCard, and Discover. Personal checks will be accepted but are subject to a hold unless previous arrangements have been made.

Complete payment is required day of auction (if bidding live at the auction gallery) or upon receipt of notification of a successful bid (if bidding as absentee, phone or online bidder). Items, plus shipping costs if arranged, must be paid for no later than five (5) days following the auction. After that time, the sale will be deemed null and void, we will charge the credit card you used to register for the auction an appropriate restocking fee and the items will return to ABA ownership and subject to resale.

Shipping of small items will be handled via USPS Priority Mail. Please call (203) 975-8400 for estimates and arrangements. Any item that cannot be sent through USPS or similar carrier must be sent by common carrier or specialty delivery services. You may contact these shippers for quotes on larger items. We can also provide the buyer with a list of alternative local shippers that have been used in the past if you would prefer. It is the buyer's responsibility to pay all fees associated with shipping and packing. Estimates for in-house shipping: $9 for material and labor for 12 x12 x12 interior carton. All items will be wrapped and boxed securely. Actual shipping cost and insurance are not included in $9 handling cost. Adjustments may be made for smaller or larger shipments. Contact info@abaauction.com for additional shipping information. All property should be removed from our premises no later than 5:00 P.M. of the 10th business day following the end of the auction. Unless prior arrangements have been made with ABA, items not removed by the specified time will be charged storage and handling fees of $10.00 per item per day until removal. Please note that removal deadlines are strictly enforced.

There will be a buyer's premium of 15% and AuctionZip Live fee of 3% added to the hammer price of each lot and it will be considered part of the total purchase price.

All purchases will be subject to a 6.35% Connecticut sales tax unless the purchaser possesses a valid tax-exemption number. Out-of-state internet bidders who have merchandise shipped out of state are not subject to our collecting CT sales tax.