Terms and Conditions of Sale
The buyer's premium for each lot purchased:
- 22% on the first $75,000 of the hammer price;
- 20% on the portion of the hammer price greater than $75,000 and less than $1,000,000; and
- 12% on the portion of the hammer price greater than $1,000,000.
Terms of Sale (CHICAGO SALES): Cash or check with positive I.D. Auctioneer determines the highest bidder and resolves any disputes. All purchases are subject to state tax unless buyer has proof of exemption or merchandise will be shipped out of state, other than Ohio, no exceptions, as well as a 22% buyer's premium (noted above) when paying by cash or check. If you choose to pay by credit card, the buyer's premium is 25%. Internet buyer's premium is 25%. An additional 3% convenience fee is added to all credit card purchases; this convenience fee applies to shipping and any other charges incurred. We accept Amex, Visa or MasterCard. If you are a resident of Illinois or Ohio, OR are picking up your purchase at our gallery, you must pay sales tax unless you have a valid tax ID number. We accept payment from Internet bidders by cash, check (drawn from a US bank), cashier's check or wire transfer ($25 fee).
Late Payments/Default Rates and Fees: If any payment is not paid when due or within 10 days thereafter, or if Buyer defaults in its dealings with Treadway/Toomey Galleries or breaches Buyer's obligations, Buyer agrees to pay to Treadway/Toomey Galleries all damages and attorneys fees and expenses, together with interest at the highest rate allowed by law or 21 percent per annum. Treadway/Toomey Galleries may impose, and purchaser agrees to pay a monthly storage charge of 1.5 percent of the purchase price as well as a monthly interest charge of 1.5 percent for any lot or item not paid for or removed by purchaser within 10 days of the sale. Treadway/Toomey Galleries shall have no liability for any damage to property left on its premises after the date of sale. In addition, Treadway/Toomey Galleries may charge such damages, costs and expenses to any credit card that Buyer has identified to Treadway/Toomey Galleries and Buyer hereby authorizes Treadway/Toomey Galleries to do so.
Delivery to any location other than auction site carries a transportation charge.
Shipping Charges are NOT refundable.
CONDITION REPORTS: It is the buyer's sole responsibility to be knowledgeable about the condition of the property before bidding. We are open for preview the week prior to every auction, or by appointment. We encourage you to visit and inspect all lots at this time. If you cannot personally examine items, we encourage you to call, e-mail or fax us your condition report requests prior to the sale. Our staff will give you our opinion of condition, answer any questions, and send photos if necessary. This information is solely our opinion and is not to be relied on as representations or statements of fact. It is the buyer's responsibility to be aware of all conditions, addendums, and corrections before the sale.
PREVIEW: We will have a preview of the items offered in this sale, at the John Toomey Gallery, 818 North Blvd. in Oak Park, on the following dates: Saturday, May 24, 2014 10:00 a.m. - 5:00 p.m.; Sunday, May 25, 2014 CLOSED; Monday, May 26, 2014 CLOSED; Tuesday, May 27, 2014 10:00 a.m. - 5:00 p.m.; Wednesday, May 28, 2014 10:00 a.m. - 5:00 p.m.; Thursday, May 29, 2014 10:00 a.m. - 7:00 p.m.; Friday, May 30, 2014 10:00 a.m. - 5:00 p.m.; Saturday, May 31, 2014 10:00 a.m. - 5:00 p.m. Also open by appointment when available. We're glad to offer an advance preview, usually for six weeks prior to sale date on most of the items in this sale to benefit those traveling through Chicago or for those who may find it inconvenient to preview at our normal times. Call for an appointment if you wish to arrange special viewing or evening viewing and we will try to accommodate you; contact John Toomey at (708) 383-5234 in Oak Park. We extend this courtesy to all our clients but request an advance phone call to make arrangements.
ESTIMATES: Our price estimates are purely that, an estimate, reflecting the range in which the price may fall. This should give buyers an idea of what they should bid in order to have a good chance of being successful. In some cases the price range may be wider than others, due to the uniqueness of the individual piece. A few items have reserves. We implement them to offer items that may not have been available without them. You will find that few of the pieces offered have reserves. In most instances, the reserves will be less than the low estimate.
AUCTION INCREMENTS: We use the following increment multiples at our auctions. When leaving absentee bids, please make sure your bids fall within the proper increments. This is crucial to the success of your bids.
Auction Increments
0-500 $25. increment
500-1000 $50. increment
1000-3000 $100. increment
3000-5000 $250. increment
5000-10,000 $500. increment
10,000-30,000 $1,000. increment
30,000-50,000 $2500. increment
50,000-100,000 $5000. increment
100,000+ $10,000. increment or auctioneer's discretion
DELIVERY: We use the safest and most economical methods that we are aware of to deliver purchases. You can obtain estimates for shipping prior to the auction by providing us with a full shipping address and lot(s) you are interested in purchasing. Domestic shipping quote requests must be received three business days prior to the sale; international quote requests must be received five business days prior to the sale. A single piece of furniture shipped within the US will range from $200-600 before insurance; a piece of pottery or glass of average size costs $35-60 before insurance; an average sized framed painting will range from $55-95 before insurance. All furniture delivery quotes are for delivery to a first floor or elevator building. Oversized items can cost significantly more to ship. Please note that glass is removed from all paintings for shipping unless otherwise specified. All items are shipped fully insured, unless the buyer sends a signed waiver. If you have questions about the shipping or delivery cost of any item please inquire. The buyer is free to make his or her own shipping arrangements. Treadway/Toomey Galleries are not responsible for items that are damaged in any way by shippers. If a problem arises, all claims must be settled between the buyer and the shipper.
Jurisdiction: Buyer agrees that the state and federal courts in Hamilton County, Ohio or Chicago, IL shall have exclusive jurisdiction over all matters arising out of the Buyer's purchase of items from Treadway/Toomey Galleries, and that service of process in any such proceeding shall be effective if mailed to Buyer at the Buyer's address supplied to Treadway/Toomey Galleries.
We guarantee the authenticity of every item that we sell for 30 days after the auction, except those lots listed as: "in the style of", "attributed to", "the school of", "in the manner of", or "after". We are not responsible for errors or omissions in the catalog, or in written or oral condition reports. All measurements are approximate. We make every effort to accurately describe our merchandise, but in the event that errors occur, we cannot be held responsible. It is the bidder's sole responsibility to be well informed before bidding. We sell clocks, lamps, and all electrical items only for their decorative value. They are not represented to be in working order, but they may be. Bidding in our auctions indicates that you accept these terms and any announced the day of the sale. Shipping costs are non refundable.
Ceramics offered in this sale are free of repairs, chips or cracks post production unless noted in the description of each lot. Our term "mint" refers to the object being in the same condition that it was in when originally produced. Sizes are approximate. Crazing, surface scratches, firing lines, bubbles, areas where glaze crawls, stilt marks, firing flaws and base flakes will be noted if we feel that they are objectionable. Many of these flaws may have occurred when made. Most ceramics can be crazed, we generally will not mention it. Many producers have ground the bottom of their vases causing minute chips or flakes. Unless we feel that they are objectionable, they will not be mentioned. Grueby and other makers of carved pots or those with high relief will often have flakes on edges of the leaves or points in high relief, we will only mention anything we feel objectionable and will still consider these pieces to be mint. Clewell is copper-clad and patinated; this patina occasionally has small flakes, we mention any we feel significant. Some framed tiles or plaques may have chips, which are hidden by their frames. We will not be responsible for their disclosure unless we feel significant. Some pieces will be dirty or stained, this will usually not be mentioned. In any case, if you are particular about minor flaws, you should examine pieces in person or have our staff answer any questions. Please ask questions before you buy.
Furniture has its original hardware and wood unless otherwise noted. Finishes and marks are carefully described. Some original finishes have minor restoration such as added color or a recoating. We will describe to the best of our ability, but it is the buyer's responsibility to obtain an in depth description. The wood is oak, unless otherwise stated, and the dimensions are approximate. The furniture is old and over the years has acquired a few dents, drink rings, separations, burns, chips and assorted flaws. We will only mention those that we feel are objectionable. When we describe a piece of furniture as being in "excellent condition", it generally implies that the finish is original and the structure is in fine shape. A piece that has been totally or partially refinished and is in good structural shape will generally be described as being in "very good condition". A piece that needs to be refinished or that has a less than stable structural state (i.e. needs gluing, redoweling, etc.) may be generally described as being in "good condition". The majority of this furniture is ready to be put in the home.
Fine Jewelry and Watches. Precious gems and metals will be tested and are guaranteed genuine as described. Gem stone quality will be described if not normal. Weights and measurements are approximate. Obvious and objectionable repairs or alterations will be noted. Watches are their original factory product unless otherwise mentioned. Original dials and overall watch condition will be noted on important pieces. Watch functions and accurate time keeping is not guaranteed. All items condition, age, originality, and quality are evaluated using industry standards and any questions should be taken care of before sale. Jewelry and watches are sold, as collector items therefore everyday use should be evaluated on an item-by-item basis.
Carpets, Rugs and textiles will be described on their overall condition. A piece that is without holes or major wear, but needing minor side or end repair will be described as in excellent condition. Pieces containing reweaves, repiling or other professional repairs will be described as in very good condition. Pieces with wear or flaws and possibly needing repair will be described as in good condition. Certain pieces are rare in any condition and may be described as good condition regardless of appearance.
Lamps will be described based on patina and condition of glass. Leaded lamps may have cracked segments, most will. Some parts may have been replaced through the years, and we will mention it if we feel objectionable. Shades with mica may contain minor flaking or burn spots that will be mentioned if we feel objectionable.
Metalwork will be described based on patina and the condition of the object. Dents, scratches, wear and assorted flaws will be mentioned if we feel that they are objectionable. A piece with original patina, free of major dents or scratches usually will be described as in "excellent condition".
Art Glass will sometimes contain air bubbles, surface scratches, lines in the making and chips to the pontil. We will mention anything that we feel to be objectionable. Some glass may be ground at the factory causing minor chips or flakes. We will mention anything we feel to be excessive. Discoloration on the interior is usually present when originally produced and will not be noted unless we feel it is excessive.
Paintings, Drawings, Prints and Bronzes. We guarantee objects to be an authentic work by the artist listed. Any and all information listed in the catalog that is not printed in bold type is given to the best of our knowledge, is merely our opinion, and is not guaranteed to be correct or authentic. We make every effort to insure that all artwork is authentic and is represented accurately. If the authenticity of a purchased object is contested, it must be made known to us within 30 days of the sale. 1) A written letter from a noted authority presented to us, declaring the object to be executed by someone other than the artist listed. 2) This authority has no vested interest in the artist's work or the estate of the artist. 3) The object is returned to us in the same condition in which it was purchased. The purchase price will be refunded only; there will be no compensation for damages, loss of profit, professional fees, transportation or any other costs. FRAMES INCLUDED WITH LOTS: While we make every effort to protect the frames included with these lots during pre-auction storage and post auction shipping, we are not responsible for any damage to the frames themselves, and no refunds will be given due to frame damage.
If you have any questions regarding the condition, we would be happy to provide an opinion of the condition, but all works are sold as viewed. If a work is in obvious need of repair, or has obvious imperfections, we will attempt to note it in the description. If a painting is excessively dirty, we will attempt to note it in the description; however, we do not feel that the normal darkening of varnish over years is problematic, and it will not be noted in the description. If you would like for us to give our opinion regarding whether or not a work needs to be cleaned, please contact us. We believe it is important for you to know the condition of a work before you bid on it. We strongly recommend that you personally inspect potential purchases before the sale, or have your representative inspect it on your behalf. If this is not possible, we urge you to call us for a detailed verbal or written condition report. This report is not a professional conservator's evaluation, but is given to the best of our opinion.
