NOT SOLD (BIDDING OVER)
0.00USD+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2005 Jun 09 @ 09:00UTC-5 : EST/CDT
AN OIL ON BOARD; depicting a floral still-life, signed Ernest Brinckman and dated 1947; verso with a pencil inscription giving artist and date information and a card from the Raydon Gallery, 1091 Madison Avenue, New York. Together with an oil on masonite
Auction Location:
128 American Road, Morris Plains, New Jersey, United States
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These conditions of sale are Dawson and Nye, a subsidiary of Buck Trout, Inc. (DAWSON & NYE, we, us) entire agreement with the purchaser
(buyer, successful bidder, you) relative to the property listed in the auction catalogue offered for sale. 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. By bidding at any of our auctions, whether in person or by agent, by written or any other means, you the
buyer agrees to be bound by the following conditions of sale:
1. ALL PROPERTY IS SOLD “AS IS” AND ALL SALES ARE FINAL. All property is described to the best of our knowledge; however, neither we
nor our consignor(s) make any warranties express or implied with respect to such property as to the physical condition, quality, rarity,
importance, authorship, provenance, medium, period, origin, or estimated value of any lot sold, unless and excepting as may be provided for
in a specific Limited Sale (date) Guarantee published in the sale catalogue. The absence of any reference to the condition of property does
not imply perfect or imperfect condition. Except for a specific Limited Sale (date) Guarantee, no statement anywhere, whether oral or
written, whether made in the catalogue or advertisement, bill of sale, gallery posting, announcement, or remarks by staff or the auctioneer,
shall be considered a warranty, representation, or assumption of liability. All measurements and weights are approximate.
2. PROPERTY IS OPEN TO THOROUGH PUBLIC INSPECTION, and it is the prospective bidder’s responsibility to inspect the property before
bidding to determine their level of interest.
3. We reserve the RIGHT TO WITHDRAW ANY PROPERTY before its sale.
4. We reserve the RIGHT TO REJECT ANY BID. If the auctioneer decides an opening bid is below 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 advance bid is
insufficient, he may reject that advance. If the auctioneer does not receive or accept an advance bid beyond an opening bid he then at his
discretion MAY PASS AND NOT SELL A LOT.
5. SOME LOTS ARE OFFERED SUBJECT TO RESERVE, which is a confidential minimum price below which such lot will not be sold. We may
implement such reserves by bidding on behalf of the consignor.
6. The HIGHEST BIDDER ACKNOWLEDGED BY THE AUCTIONEER WILL BE THE PURCHASER. 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. WE DO NOT GUARANTEE ABSENTEE/PHONE BIDDING, although in our discretion we will execute absentee bidding, including written bids,
telephone bidding, and internet bidding as a convenience to clients who are not present auctions, we are not responsible for any errors or
omissions in that connection.
8. TITLE PASSES ON THE FALL OF THE AUCTIONEER’S HAMMER to the highest acknowledged bidder subject to these conditions of sale and
such BIDDER/PURCHASER ASSUMES FULL RISK AND RESPONSIBILITY OF THE LOT OF PROPERTY AND WILL IMMEDIATELY PAY THE FULL
PURCHASE PRICE OR PART THAT WE MAY REQUIRE. 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. THE TOTAL PURCHASE PRICE of each lot of property, to be paid by the purchaser is the amount of the SUCCESSFUL BID PRICE PLUS A
PREMIUM of 18% on the first $50,000 of the bid and 10% on the balance. Unless exempt by law, all purchases (including buyers premium) are
subject to local sales or use tax.
10. ALL PAYMENTS WILL BE MADE BY credit card, cash, traveler’s checks, or with prior approval by personal check before the merchandise 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. ALL LOTS MUST BE PAID FOR AND REMOVED BY THE PURCHASER, at his expense, the day of sale unless prior arrangements have been
made with us. We are not responsible for any purchased property left at the site of sale. PROPERTY NOT COLLECTED OR ARRANGED FOR
WITHIN 5 DAYS OF A SALE we may at our discretion consider 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. IF THE PURCHASER DOES NOT COMPLY WITH THESE CONDITIONS, then in addition to remedies available to us and the Consignor by law,
including without limitation the right to hold the purchaser liable for the total purchase price, we may at our option cancel the sale and resell
the property without reserve, and the original purchaser will be liable for any deficiency and added cost.
13. In no event will OUR LIABILITY to a purchaser exceed the purchase price actually paid.