NOT SOLD (BIDDING OVER)
0.00CAD+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2002 Nov 18 @ 16:00UTC-08:00 : PST/AKDT
H** Peabody Flagg (1859-1937), American
TENDING THE FLOCK, Oil on canvas; signed lower left
16" x 24" - 40.6 x 61 cm.
See illustration
Est. $700/900
Auction Location:
Canada
Previewing Details:
Friday, November 15, 10 a.m. – 9.00 p.m., Saturday, November 16, 10 a.m. – 5.00 p.m., Sunday, November 17, Noon – 5.00 p.m.
Additional Fees:
Shipping Details:
No Info Available
Payment Details:
No Info Available
<p>1. Any description issued by the auctioneer of an article to be sold is subject to variation to be posted or announced verbally in the auction room prior to the time of sale. While the auctioneer has endeavoured
not to mislead in the description issued, and the utmost care is taken
to ensure the correct cataloguing of each item, such descriptions
are purely statements of opinion and are not intended to constitute
a representation to the prospective purchasers and no warranty of the correctness of such description is made. An opportunity for inspection of each article is offered prior to the time of sale. No sale will be set aside on account of lack of correspondence of the article with its description or its reproduction, if any, whether colour or black & white. Some lots are of an age and/or nature which preclude their being in
pristine condition and some catalogue descriptions make reference to damage and/or restoration. The lack of such a reference does not imply that a lot is free from defects nor does any reference to certain defects imply the absence of others. It is the responsibility of prospective
purchasers to inspect or have inspected each lot upon which they wish to bid, relying upon their own advisers, and to bid accordingly.
<p>2. Each lot sold is subject to a premium of 15% of the successful bid price of each lot up to and including $150,000 and 10% on any amount in excess of $150,000 as part of the purchase price.
<p>3. Unless exempted by law, the buyer is required to pay Ontario Retail Sales Tax and Federal Goods and Services Tax on the total
purchase price including the buyer’s premium.
<p>4. The auctioneer reserves the right to withdraw any lot from sale at any time, to divide any lot or to combine any two or more lots at his sole discretion, all without notice.
<p>5. The auctioneer has the right to refuse any bid and to advance the bidding at his absolute discretion. The auctioneer reserves the right not to accept and not to reject any bid. Without limitation, any bid which
is not commensurate with the value of the article offered, or which is merely a nominal or fractional advance over the previous bid may not be recognized.
<p>6. Each lot may be subject to an unpublished reserve which may be changed at any time by agreement between the auctioneer and the consignor. The auctioneer may bid, or direct an employee to bid, on behalf of the consignor as agreed between them. In addition, the
auctioneer may accept and submit absentee and telephone bids, to be executed by an employee of the auctioneer, pursuant to the instructions of prospective purchasers not in attendance at the sale.
<p>7. The highest bidder accepted by the auctioneer for any lot
shall be the buyer and such buyer shall forthwith assume full risk and responsibility for the lot and must comply with such other Conditions of Sale as may be applicable. If any dispute should arise between bidders the auctioneer shall have the absolute discretion to designate the buyer or, at his option, to withdraw any disputed lot from the sale, or to re-offer it at the same or a subsequent sale. The auctioneer’s decision in all cases shall be final.
<p>8. Immediately after the purchase of a lot, the buyer shall pay or undertake to the satisfaction of the auctioneer with respect to payment of the whole or any part of the purchase price requested by the auctioneer, failing which the auctioneer in his sole discretion may cancel the sale, with or without re-offering the item for sale.
<p>9. The buyer shall pay for and take away all lots within 48 hours from the date of the sale, after which a late charge of 2% per month on the total invoice may be incurred or the auctioneer, in his sole discretion, may cancel the sale. The buyer shall not become the owner of the lot until paid for in full.
<p>10. Each lot purchased, unless the sale is cancelled as above, shall be held by the auctioneer at his premises or at a public warehouse at the sole risk of the buyer until fully paid for and taken away.
<p>11. Notwithstanding condition no. 1, if the buyer, prior to removal of a lot, makes arrangements satisfactory to the auctioneer for
the inspection of such lot by a fully qualified person acceptable to the auctioneer to determine the genuineness or authenticity of the lot, to be carried out promptly following the sale of the lot, and if, but only if, within a period of 14 days following the sale a written opinion of such person is presented to the auctioneer to the effect that the lot is not
genuine or authentic, accompanied by a written request by the buyer for rescission of the sale, then the sale of the lot will be rescinded and the sale price refunded to the buyer.
<p>12. Payment for purchases must be by cash, cheque (with adequate identification), travelers cheque, bank draft, VISA or Mastercard (up to $25,000 or the cardholder’s limit, whichever is less). Credit cards must be presented in person by the cardholder.
<p>13. In the event of failure to pay for or remove articles within the aforementioned time limit, the auctioneer, without limitation of the rights of the consignor and the auctioneer against the buyer, may resell any of the articles affected, and in such case the original buyer shall be responsible to the auctioneer and the consignor for:
(a) any deficiency in price between the re-sale amount and the amount to have been paid by the original buyer;
(b) any reasonable charge by the auctioneer for the storage of such articles until payment and removal by the subsequent buyer;
and
(c) the amount of commission which the auctioneer would have earned had payment been made in full by the original buyer.
<p>14. It is the responsibility of the buyer to make all arrangements
for insuring, packing and removing the property purchased and any assistance by the auctioneer or his servants, agents or contractors, in packing or removal shall be rendered as a courtesy and without any
liability to them.
<p>15. The auctioneer acts solely as agent for the consignor and makes no representation as to any attribute of, title to, or restriction affecting the articles consigned for sale. Without limitation, the buyer understands that any item bought may be affected by the provisions of the Cultural Property Export Act (Canada).
<p>16. The auctioneer reserves the right to refuse admission to the sale or to refuse to recognize any or all bids from any particular person or persons at any auction.