Auction Date:2004 Oct 14 @ 10:00 (UTC-5 : EST/CDT)
Location:United States
George Hoyningen-Huene 1930, PRINTED LATER gelatin silver print; image: 17 1/2 x 13 3/16 in. (44.5 x 33.5 cm); paper: 19 7/8 x 15 3/4 in. (50.5 x 40 cm); inscribed "From the collection of Horst, "Divers" Paris 1930, (Horst in model), by G.H. Huene, SGP" in pencil on verso; Private Collection, GERMANY
Auction Location:
United States
Previewing Details:
Munich September 13-14
Berlin September 17-22
New York October 8-13
Buyer shall pay all applicable sales, use, excise and other taxes, whether federal, state or local.
Additional Fees:
Shipping Details:
Will ship worldwide. The buyer will pay the actual cost of shipping.
Payment Details:
Accepts Money Order, Cashier's Check, Personal Check, Cash on Delivery, and Wire Transfers.
Accepted Payment Methods:
Conditions of sale applicable to buyers
1 BUYERS PREMIUM WILL BE CHARGED AT 15% ON THE FIRST CHF 70,000 OF THE HAMMER PRICE OF EACH LOT, AND AT 10% THEREAFTER. FOR LOTS MARKED WITH THE SYMBOL () IN THE CATALOGUE, THE BUYER HAS TO PAY SWISS VALUE ADDED TAX (VAT) AT 7.6% ONLY ON THE BUYERS PREMIUM, NOT ON THE HAMMER PRICE. FOR LOTS WITHOUT THE SYMBOL (), VAT OF 7.6% IS APPLICABLE ON THE HAMMER PRICE AND THE BUYERS PREMIUM. This VAT is refundable to non-Swiss resident buyers who, within 30 days following the sale, present to PHILLIPS, de PURY & LUXEMBOURG LIMITED (hereinafter PHILLIPS) the export declaration, duly stamped by Swiss customs, proving that the goods have left Switzerland. Non-stamped declarations are invalid.
2 Every lot is sold with all faults and errors of description and PHILLIPS disclaim, for themselves and for the vendors, all responsibility, in particular for authenticity, age, origin, condition or quality. Any statement, whether contained in the catalogue or expressed orally, is considered a statement of opinion only and not a statement of fact. PHILLIPS GIVES NO EXPRESS OR IMPLIED GUARANTEES OR WARRANTIES. Purchasers are deemed to have satisfied themselves on authenticity, condition, etc., before bidding.
3 The Auctioneer has absolute discretion to divide any lot, to combine two or more lots, to withdraw any lots, to refuse bids, and to regulate the bidding. He may bid on the vendor’s behalf for all goods which are being offered subject to a reserve or at the Auctioneer’s discretion.
4 The highest bidder shall be the buyer. In case of disagreement the lot or lots will immediately be reoffered by the Auctioneer. No claim will be accepted once the adjudication has been given.
5 When the reserve price has not been reached, the lot will be passed at the fall of the hammer.
6 Bids from clients unknown to PHILLIPS, the Auctioneer, or the Stadtammann of Zurich might not be accepted unless accompanied by a full cash deposit, or a bank reference, which must arrive in good time to be taken up before the sale at PHILLIPS, Kreuzstrasse 54, 8008 Zurich, Switzerland. The Auctioneer retains full authority to refuse these bids.
7 PHILLIPS requires that all prospective buyers use a bidding number in place of their names.
8 Persons not present at the sale may leave their bids with the Auctioneer or the Stadtammann of Zurich. The prices on these bidding forms will be treated as maximum hammer price, excluding premium or taxes. Alterations to these forms can only be accepted in writing up to the evening preceding the sale.
9 Payment can be made in cash, by bank cheque or by wire transfer. Cash payments must be made in Swiss Francs. PHILLIPS reserves the right to refuse immediate clearance of goods when paid for by wiretransfer or by cheque, whether drawn on a Swiss or foreign bank.
10 Payment of the purchase price is due within seven days after sale. Interest of 1.5% (expenses included) per month on the purchase price will be charged if payment is not received within these seven days. PHILLIPS reserves the right to resell unpaid items after the period of seven days by auction or privately without notice to the buyer. In this event PHILLIPS may claim from the defaulter damages including all loss arising from any resale of the lot together with the charges and expenses in respect of both sales. Any money deposited in part payment shall be held by PHILLIPS against the defaulter’s liability.
11 No purchase shall be claimed or removed until PHILLIPS has received full payment of the purchase price. All lots shall be removed at the buyer’s risk and expense. Purchases will be held for collection at no charge for 28 days. All purchases not collected within such period are subject to a minimum warehousing charge of CHF 10 per lot per day. If purchases are not removed within 60 days of the sale, PHILLIPS may deposit the lot at the buyer’s risk and expense. PHILLIPS shall not be responsible if the lots in storage are lost, stolen, damaged or destroyed. Any liability which there may be on the part of PHILLIPS in respect of any loss shall be restricted to a maximum of the price paid by the purchaser of the lot. Clearance of purchases, other than by the purchaser, must be carried out by a person specified on the written direction of the buyer. ON REQUEST, PHILLIPS WILL QUOTE FOR DOOR-TO-DOOR TRANSPORT OF PURCHASED ITEMS. ALL COSTS INCURRED BY SHIPPING, CUSTOMS AND INSURANCE WILL BE AT THE EXPENSE OF THE BUYER.
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13 Any person causing damage to an item will be held legally responsible.
14 Notice of all forthcoming Auction Sales will appear in “La Feuille d’Avis Officielle”/ “Schweizerisches Handelsamtsblatt” and all interested parties are welcome to consult the Conditions of Sale at this time.
15 Any dispute concerning the auction/sale shall be governed by Swiss law and settled by the ORDINARY COURTS IN ZURICH.
16 The auction takes place under the supervision of the Stadtammannamt Zurich. The Canton and City of Zurich and particularly the Stadtammannamt Zurich bear no liability for the decisions taken by the auctioneer.
These Special Terms and Conditions for Sale NY040404 supplement our Standard Terms and Conditions printed in this Catalogue, and should be fully read prior to bidding at the auction.
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PLACE OF PAYMENT AND COLLECTION OF PURCHASED PROPERTY
A Please note that payment for purchases will be accepted during or after the sale at PHILLIPS’ Office, 450 West 15 Street, 3rd Floor—Client Accounting Department, New York, NY 10011.
B No purchase may be claimed or removed unless full payment has been received or otherwise agreed to in writing by PHILLIPS.
C All purchased lots will be available for collection at 450 West 15 Street, 3rd Floor, New York, NY 10011, beginning on Monday, October 18, 2004, at 10am.
D Purchasers may contact PHILLIPS Shipping Coordinator at +1 212 940 1372/1370 to arrange for collection of property at PHILLIPS at 450 West 15 Street, 3rd Floor, New York, NY 10011 location. As a service to our clientele, PHILLIPS Shipping Coordinator is, subject to Paragraph 6 of our Standard Terms and Conditions, available to assist in arranging for collection, estimates of the shipping costs and shipment of purchased lots.
E For packing, crating or shipping of lots, purchasers must complete a Shipping Instruction Form and return the form to PHILLIPS along with payment. All shipping costs will be billed directly to the Purchaser by the shipper. Please refer to Paragraph 6 of the Standard Terms and Conditions for further provisions concerning these arrangements. Purchasers have the option to choose their own shipper and should notify PHILLIPS in writing. It is important to instruct the outside shipper to contact PHILLIPS at least 24 hours in advance of collection in order to schedule pickup.
F After 35 days, uncollected property may be placed into public storage. Costs of storage and other charges as set forth in the Standard Terms and Conditions shall apply and be billed by PHILLIPS. Property will not be released until all payments due for storage and otherwise have been paid in full.
G Descriptions with respect to multiples comply with the requirements set forth in Article fifteen of the New York arts and cultural affairs law.