128
Manuscripts James McNeil Whistler, March 18
Currency:USD
Category:Everything Else / Other
Start Price:NA
Estimated At:250.00 - 350.00 USD
NOT SOLD (BIDDING OVER)
0.00USD+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2002 Jan 07 @ 18:00UTC-08:00 : PST/AKDT
COLLECTIBLES Manuscripts James McNeil Whistler, March 1870 note being an invitation from his Chelsea address, to the noted 19th century English artist, Ford Maddox Brown, to "see his pictures of the present year". This is most important as this year, 1870, and the following, 1871, are the years in which Whistler created his famous "Nocturnes", very impressionistic paintings. Not signed but written in third person by his secretary. Pencil calculations on reverse. An important piece of modern art history. Estimate US$250-350
Auction Location:
United States
Previewing Details:
Exhibition in Beverly Hills by appointment only 9:00 A.M. to 5:00 P.M Monday through Friday Preview Dates Monday, December 17, 2001 through Friday, December 21, 2001 Wednesday, December 26, 2001 through Monday, December 31, 2001 Wednesday, January
Additional Fees:
Shipping Details:
Shipping available world-wide. Buyer pays actual cost of shipping.
Payment Details:
Visa/MasterCard, Money Order/Cashiers Checks, Personal Checks
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PHILATELIC SECTION
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21. DISCLAIMERS AND WARRANTIES: ALL ITEMS OFFERED IN THIS CATALOGUE ARE GUARANTEED TO BE AUTHENTIC, AS DESCRIBED. THIS IS A LIMITED WARRANTY THAT THE ITEMS SOLD ARE NOT COUNTEFEIT. THE GUARANTEE DOES NOT APPLY TO ITEMS THAT ARE SOLD “AS IS,” OR IF THEY ARE OTHERWISE DESCRIBED. THE WARRANTY OF AUTHENTICITY SHALL NOT APPLY TO COLLECTIONS OR LOTS CONTAINING TEN OR MORE STAMPS. FUTHERMORE, ITEMS THAT HAVE CERTIFICATES OF AUTHENTICITY ISSUED WITHIN THE LAST FIVE YEARS BY AN ACCEPTED EXPERTIZING AUTHORITY (WHICH FOR U.S. STAMPS SHALL INCLUDE THE PHILATELIC FOUNDATION IN NEW YORK AND THE PROFESSIONAL STAMP EXPERTIZING SERVICE IN CALIFORNIA) OR WHICH HAVE BEEN SUBMITTED DIRECTLY TO AN EXPERTIZING AUTHORITY BY THE BIDDER ARE SOLD “AS IS” AND ARE NOT GRANTED AN EXTENSION.
a. In the event a question arises as to the authenticity of an item, the Bidder who purchases the item must return the item to Superior, with a written request Extension. Superior will submit all such items to an independent authority chosen by Superior for certification (in the case of U.S. Stamps, the accepted authorities are the Philatelic Foundation in New York and the Professional Stamp Expertizing Service in Miami). No request for Extension will be considered unless the lot has been returned to and received by Superior within twenty-five (25) days of the Auction Sale. Except with respect to items that are not guaranteed as authentic, Bidders who purchase certified items must pay as part of the purchase price all charges for certification, including postage, insurance and handling. Bidders of items for which Extensions are requested must pay for all such items in full at the time of the Auction Sale.
b. Except as set forth above, if an item is delivered and the Bidder claims the item is not in the condition as described when the bid was made and accepted, the bidder must submit a written claim within seven (7) calendar days of the receipt of the item(s). The item must also be returned with the written claim to enable Superior to consider the Bidder’s claim.
c. In the event any item is determined not to be authentic, as set forth herein, then Bidder shall be entitled to rescind the purchase for that particular item. Upon return of an item to Superior, any bid payment for that item advanced by Bidder shall be returned to Bidder without interest and the transaction shall be rescinded. In no event shall the amount refunded exceed the total purchase price paid by Bidder.
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MANUSCRIPT SECTION
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a. All items presented in the Manuscript section of this Auction Catalogue are guaranteed to be authentic. This is a limited warranty that the item or lots sold are not counterfeit. ANY OTHER WARRANTY IS EXPRESSLY DISCLAIMED.
i. All claims pertaining to lack of authenticity must be made in writing to Superior within twelve (12) months from the date of the Auction Sale and only by the original Bidder of record at the Auction Sale.
ii. Items are sold under the condition that any claims to the contrary regarding grading or authenticity are subject to the generally accepted opinion of scholars and experts at the time of the Auction Sale subject to methods of verification used for that sale. This limited warranty of authenticity does not cover scientific processes not generally accepted for use at the time of the Auction Sale or which are unreasonably costly or impractical.<p>
b. Certain prints, photographs, and/or sculpture casts are subject to the California Civil Code § 1740 et. seq., and will be sold with a Certificate of Authenticity containing express warranties of the information set forth therein (“Fine Prints”).<p>
c. All Sports Memorabilia that are not autographed, large lots that do not include Fine Prints, and other collectibles offered in this catalogue are sold on an “AS IS” basis and are not subject to return for any reason including lack of authenticity. No warranty, whether expressed or implied, including a warranty of merchantability, is made with respect to any grade or description, which is only an opinion that is likely to differ, even among experts.<p>
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23. Bidders shall have no recourse against the Consignor for any reason whatsoever.<p>
24. Superior reserves the right to withdraw any lot at any time, even after the hammer has fallen, until the Bidder has taken physical possession of the lot. No Bidder shall have a right to claim any consequential damages if a lot is withdrawn, even after the auction sale.<p>
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26. Bidder grants to Superior or its assigns the right to offset any sums due, or found to be due to Superior, and to make such offset from any past, current, or future consignment; purchases that are in the possession or control of Superior; or from any sums due to Bidder by Superior. Bidder further grants Superior a purchase money security interest in such sums or items to the extent applicable. Bidder agrees that Superior and its assigns shall be a secured party with respect to items bought by Bidder and in the possession of Superior, to the extent of the maximum indebtedness, plus all accrued expenses attorney fees and costs, until the indebtedness is paid. Bidder grants Superior the right to file a UCC on such items without need for Bidders signature, and to assign such interest to any affiliated or related company or any third party deemed appropriate by Superior.<p>
27. In the event a successful Bidder fails to make payment when due, Superior reserves the right to resell the lot(s) in a commercially reasonable manner, which may include a private sale. Bidder agrees to pay for the reasonable cost of such a sale, together with any incidental costs of sale, including reasonable attorneys’ fees and costs, cataloguing and any other reasonable charges.<p>
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“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”<p>
30. Title to any lot remains with Consignor, any secured party of the Consignor, or Consignor’s assigns, as the case may be, until the lot is paid for in full by Bidder. Superior reserves the right to require payment in full before delivering any lot to the successful Bidder.<p>
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32. If a dispute arises concerning ownership of a lot that has been bid upon, Superior reserves the right to commence a statutory interpleader proceeding at the expense of the Consignor and successful Bidder and any other applicable party, and in such event shall be entitled to its reasonable attorneys’ fees and costs.<p>
33. All photographs in this catalogue are of the actual items being sold but may not be the actual size or to scale.<p>
34. Superior reserves the right to postpone the auction sale or any session thereof for a reasonable period of time for any reason whatsoever. No Bidder shall have any claim as a result thereof, including incidental or consequential damages.<p>
35. Neither Superior nor any affiliated or related company shall be responsible for incidental or consequential damages arising out of any failure of the Terms and Conditions of Sale, the auction or the conduct thereof and in no event shall liability for any such failure exceed the purchase price, premium, or fees paid. <p>
36. Rights granted to Bidders under the within Terms of Conditions of Sale are personal and apply only to the Bidder who initially purchases the lot(s) from Superior. The rights may not be assigned or transferred to any other person or entity, whether by sale of the lot(s), operation of law or otherwise. Any attempt to assign or transfer any such rights shall be absolutely void and unenforceable. No third party may rely on any benefit or right conferred by these Terms and Conditions of Sale.<p>
37. If the Bidder fails to comply with one or more of these Terms and Conditions of Sale, then, in addition to all other remedies which it may have at law or in equity, Superior may at its sole option, either (a) cancel the sale, retaining all payments made by Bidder as liquidated damages, it being recognized that actual damages may be speculative or difficult to compute, or (b) sell a portion or all of the lot(s) held by Superior, in a quantity sufficient in the opinion of Superior to satisfy the indebtedness, plus all accrued charges. More than one such sale may take place at the option of Superior. Notice of the sale shall be by U.S.P.S. Certified Mail, Return Receipt Requested to the address utilized on the Bid Sheet, Auction Consignment and Security Agreement or other last known address by Superior. Such sale will be at Superior’s standard commission rates at public or private sale. The proceeds shall be applied first to the satisfaction of any damages occasioned by Bidder’s breach, then to any other indebtedness owed to Superior, including without limitation, commissions, handling charges, the expenses of both sales, reasonable attorneys’ fees, costs, collection agency fees and costs and any other costs or expenses incurred. Bidder is also liable to Superior if the proceeds of such sale or sales is insufficient to cover the indebtedness. <p>
38. These Terms and Conditions of Sale and the auction shall be construed and enforced in accordance with, and governed by, the laws of the State of California, regardless of the location of the Auction Sale. Bidder acknowledges and agrees that the competent courts of the State of California shall have exclusive jurisdiction over any dispute(s) arising hereunder, and Bidder hereby agrees that any dispute arising hereunder shall be litigated exclusively in the courts of the State of California, regardless of any party’s current or future residence or domicile. Bidder further agrees that venue shall be in the Superior Court for Los Angeles County, in the State of California.<p>
39. If any section of these Terms and Conditions of Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any.