NOT SOLD (BIDDING OVER)
0.00USD+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2002 Sep 14 @ 10:00UTC-08:00 : PST/AKDT
Leonardo Nierman (Mexican-American b. 1932) Bird in Flight Signed Nierman and dated 59 l.r. Oil on Masonite 69 x 41-1/2 in (175.3 x 105.4 cm) $3,000 - $5,000
Auction Location:
United States
Previewing Details:
Sept. 8 - 12
Additional Fees:
Shipping Details:
No Info Available
Payment Details:
No Info Available
Conditions of Sale
Prior to sale, all bidders must register with a Weschler’s representative and receive a bidding number. A bidding number will be required of the successful bidder at the fall of the Auctioneer’s hammer for each lot.
Buyers not known to the Auctioneer and planning to pay with a personal or business check are required to supply the Auctioneer with a bank letter of credit prior to the auction. If such arrangements are not made prior to the auction, purchases will be held by the Auctioneer until the check has cleared the bank.
The Auctioneer and the Consignor assume no risk, liability or responsibility for the authenticity or the authorship of any property identified in the catalogue (that is, the identity of the creator or the period, culture, source or origin as the case may be, with which the creation of any property is identified herein). All property is sold “As Is” and neither the Auctioneer nor the Consignor makes any warranties or representations of any kind or nature with respect to the property, and in no event shall be responsible for the correctness or any implied warranty or merchantability or any implied warranty of fitness for a particular purpose as it relates to description, genuineness, attribution, provenance, safety, reliability or condition of the property. If any implied warranties of merchantability or fitness for a particular purpose can be construed from the catalogue, auction, or bill of sale, such warranties are disclaimed by the Auctioneer and the Consignor. No statement in the catalogue or made at the sale or in the Bill of Sale or invoice or elsewhere shall be deemed such a warranty or representation or an admission of liability.
Notwithstanding the preceding condition, if within 14 days of the sale of any lot the purchaser of any painting or lot of silver gives notice in writing to the Auctioneer that the lot so sold is a counterfeit and, if within 7 days after such notice the purchaser returns to the Auctioneer in the same condition as when sold, and gives written proof from a recognized impartial expert which establishes beyond reasonable doubt that the returned lot is in fact a counterfeit and that this was not indicated by a fair reading of the catalogue or the Auctioneer’s comments at the time of sale, the Auctioneer as agent for the Consignor will rescind the sale and refund the purchase price.
A premium equal to 15 percent of the successful bid price up to and including $25,000, and 10 percent of the successful bid price over $25,000 will be added thereto and is payable by the purchaser as part of the total purchase price.
The District of Columbia Sales Tax is computed on this total purchase price. The purchaser will be required to pay the Sales Tax unless exempted through possession of a valid District of Columbia Sales Tax number.
Please Note:
The District of Columbia has no arrangement of reciprocity with any other jurisdiction and the Auctioneer cannot honor a Sales Tax number from any other jurisdiction.
The Auctioneer reserves the right to withdraw any property at any time before actual sale.
Unless otherwise announced by the Auctioneer at the time of sale, all bids are per lot as numbered in the catalogue. The Auctioneer reserves the right to reject a bid from any bidder. The highest bid acknowledged by the Auctioneer shall be the purchaser. In the event of any dispute between bidders, the Auctioneer shall have the sole and final discretion either to determine the successful bidder, or to re-offer and re-sell the article in dispute. If the Auctioneer determines that any opening bid is not commensurate with the value of the article offered, he may reject the bid; and if, having acknowledged an opening bid he decides that any advance is not sufficient, he may reject the advance.
On the fall of the Auctioneer’s hammer, title to the offered lot passes to the highest bidder who, thereupon will pay the full purchase price therefore or such part as the Auctioneer may require. All deposits may be applied to any or all purchases made by the purchaser at this or any previous sale. All property shall be removed by the purchaser at his expense on the day of sale and, if not so removed, may be sent by the Auctioneer to a public warehouse for the account, risk and expense of the purchaser. Any damage to or loss of any item purchased which is left with the Auctioneer after the day of purchase is the purchaser’s sole responsibility. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to the Auctioneer and the Consignor by law, including without limitation the right to hold the purchaser liable for the bid price, the Auctioneer at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or (b) re-sell the property on 3 days notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs, including warehousing, the expenses of both sales, and the Auctioneer’s commission at its regular rates and all other charges due hereunder, and incidental charges. No claims shall be allowed after removal of goods and no article shall be re-sold for purchaser at the sale where purchased.
Unless the sale is advertised and announced as an unrestricted sale or sale without reserve, Consignors reserve the right to bid through the Auctioneer as agent on their own consignments.
The Auctioneer reserves the right to cancel the sale or any portion thereof without prior or further notice, and to announce at any time additional conditions of sale.
Information for Buyers and Sellers
Preview:
The preview will be held the Sunday preceding the sale from 11 a.m. to 5 p.m., Monday and Tuesday, from 10 a.m. to 5 p.m., Wednesday, from 10 a.m. to 6 p.m., and Thursday, from 10 a.m. to 2 p.m. You are encouraged to attend the preview and to closely examine all lots of interest to you. Weschler’s staff will gladly assist you if requested.
Catalogues:
The catalogue for this auction is available at Weschler’s Gallery during the exhibition and auction for $20. A catalogue admits two people to the auction. Catalogues can be mailed for a cost of $25 and mailed overseas at a cost of $35. Annual catalogue subscriptions are available by category. Additional information may be obtained by contacting Linda Amigh at (202) 628-1281.
Price Lists and Postcards:
Post sale price lists are available free of charge, approximately three weeks after the sale or online. Price lists are automatically sent to catalogue subscribers, as are Weschler’s postcards, published prior to each sale.
Pre-Sale Estimates:
As a convenience to bidders, Weschler’s publishes pre-sale estimates of the value of each lot in the auction. Estimates are intended as a guide and should not be considered a prediction of the selling price.
Reserves:
The “reserve” is a confidential minimum price agreed between the consignor and Weschler’s below which a lot will not be sold. Lots that have a reserve will not be marked as such, but the reserves will not be in excess of the low pre-sale estimates. Weschler’s will execute all reserves on behalf of the consignor by bidding through the auctioneer and placing successive or consecutive bids for a lot. The auctioneer may open the bidding on any lot on behalf of the consignor up to the reserve amount. In the event the bidding does not reach the reserve, the auctioneer will announce “Passed.”
Bidder Registration:
Each bidder must be assigned a bidding number before bids can be recognized. Bidding number registration will be available during exhibition hours and during the auction. Bidders already registered with a permanent Weschler’s bidding number need not re-register for each sale.
Absentee Bids:
Bidders who cannot attend the auction may submit absentee bids using the Absentee Bid form at the back of this catalogue or available online. Absentee bids may also be placed through Weschler’s FAX number, (202) 628-2366, or by telephone. Bids placed by telephone must be confirmed by FAX, letter or telegram. Our facilities for telephone bidding are somewhat limited so it is strongly recommended that you make arrangements at least 24 hours in advance. Please contact Linda Amigh at (202) 628-1281 for specific information on absentee bids.
Condition Reports:
All property is sold “As Is” in accordance with Conditions of Sale clause 3 and neither Weschler’s nor the consignor make any express or implied warranty or representation as to the condition of any lot offered for sale and no statement made at any time, whether oral or written, shall constitute such a warranty or representation.
Weschler’s staff is available to answer any questions or to provide any additional information regarding property offered; however, such condition reports do not constitute warranty and are not intended to replace first hand inspection by a prospective buyer.
Bidding Increments:
The auctioneer generally advances the bidding in the following incremental amounts:
$100-500 $25 increments
$500-1,000 $50 increments
$1,000-5,000 $100 increments
$5,000-10,000 $500 increments
$10,000+ auctioneer's discretion
Purchaser Payments:
Successful bidders are requested to make total payment for purchases by cash, Visa or MasterCard or pre-approved check on the day of sale.
Buyers not known to Weschler’s and planning to pay with a personal or business check are required to supply us a bank letter of credit prior to the auction. If such arrangements are not made prior to the auction, purchases will be held by Weschler's until the check has cleared our bank.
The standard 15 percent Buyer’s Premium is added to the purchase price of all items sold. District of Columbia 5-3/4 percent Sales Tax is added to that total, except for bidders who hold a valid District of Columbia re-sale tax number.
Please Note: The District of Columbia does not reciprocate with other jurisdictions and Weschler’s cannot accept tax numbers from other jurisdictions. Tax numbers must be registered at the time a bidding number is issued. For further information please contact Virginia Weschler at (202) 628-1281.
Removal of Property:
All purchases should be paid for and removed the day of sale, but in no event later than three days post sale. Weschler’s will advise you on the best way to transport large items, and will help arrange for packing, insurance and shipping. Weschler’s assumes no responsibility for the acts or omissions of carriers or packers whether or not they are recommended by us. For further information please contact Judy Acs at (202) 628-1281.
Exportation Permits:
Certain lots may be subject to the provisions of the Endangered Species Act of 1973, the Marine Mammal Protection Act of 1972, and the Migratory Bird Act of 1982. In order to export these items, the buyer must obtain special licenses from the Department of the Interior, United States Fish and Wildlife Service. Some items may not be exported, and others may not be resold once purchased. Prospective bidders who intend to export or resell such items are solely responsible for obtaining such licenses and Weschler’s cannot, and will not, assure that such licenses can be obtained.
Commissions:
Weschler’s receives the standard 10 percent consignor’s commission on the hammer price of each lot that sells for more than $3,000; 15 percent for lots selling between $1,500 and $2,999; 20 percent for lots selling between $500 and $1,499; and 25 percent for lots selling under $500. For items of exceptional value, the consignor’s commission is negotiable at the time of consignment. If property carries a reserve and does not sell, a “buy back fee” of 5 percent or $50, whichever is greater, is charged. A sample standard contract may be obtained by contacting Weschler’s office at (202) 628-1281.
Consignments:
If you have property to consign, please contact either William P. Weschler, Jr. or Thomas M. Weschler. Generally, items must be consigned at least six weeks prior to the scheduled auction date, but consignors are urged to consign as early as possible. A complete schedule for upcoming auctions and consignment deadline dates is available by calling Weschler’s offices at (202) 628-1281 or by visiting our website at www.weschlers.com.
Free Verbal Estimates:
Weschler’s experts will provide a free auction-value estimate by appointment in our gallery. Alternatively, photographs which clearly depict the items may be submitted in person, by mail or via email at info@weschlers.com, if accompanied by descriptive information such as dimensions, condition, signatures, provenance, and other relevant data. Weschler’s experts will be happy to visit your location to view large collections for a nominal fee, refundable if the collection is consigned within one year.
Written Appraisals:
Weschler’s experts provide written appraisals for insurance, tax, estate or sale purposes. The cost is based on the time involved and the scope of the appraisal. Please contact William P. Weschler, Jr. or Thomas M. Weschler at (202) 628-1281 for further information.
Information for Absentee Bidders
As a convenience to clients who cannot attend the auction, Weschler’s will execute absentee bids without charge. Bids will be executed to purchase the lots requested as inexpensively as is allowed by other bids and/or reserves upon those lots.
Absentee bids can be accepted over the telephone, but all verbal bid requests must be confirmed in writing prior to the auction, either with the Absentee Bid form in this catalogue, a signed letter, fax or telegram delivered to the Gallery.
Bids should be submitted as early as possible, and should be dated with the date of submission. In the event of identical bids, Weschler’s has sole and complete discretion as to which to execute, but the first bid received normally will be preferred.
Bids submitted for each lot should be in the amount you would bid if you attended the auction, exclusive of the 15 percent buyer’s premium. Weschler’s does not execute “buy” bids.
If you are a successful bidder, you will receive an invoice detailing your purchase and requesting prompt payment and removal. Unsuccessful bids generally are not acknowledged.
To avoid delay in removing purchases, buyers not known to Weschler’s and planning to pay with a personal or business check are advised to supply us a bank letter of credit prior to the auction, addressed to the attention of Virginia Weschler in our Administrative office. If such arrangements are not made prior to the auction, purchases will be held by Weschler’s until the check has cleared our bank.
Bids are subject to the “Conditions of Sale” which appear in the front of this catalogue. While every effort is made to properly execute absentee bids, Weschler’s will not be responsible for errors or failure to execute such bids.
For additional information on absentee bids, please contact Linda Amigh at 202/628-1281
or by fax at 202/628-2366. For additional information on purchaser payment, please contact Virginia Weschler.
Bidding Increments
The auctioneer generally advances the bidding in the following
incremental amounts:
$100-500 $25 increments
$500-1,000 $50 increments
$1,000-5,000 $100 increments
$5,000-10,000 $500 increments
$10,000+ auctioneer’s discretion
Information for Shipment of Purchases
If your bid is successful, Weschler’s can help arrange shipment of your purchases to you. We will be happy to recommend professionals with whom we have worked in the past, but assume no liability for their performance.
All shipments are at the expense of the purchaser.
For further information concerning packing and shipping of purchases, please call Judy Acs at (202) 628-1281.