NOT SOLD (BIDDING OVER)
0.00USD+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2002 Dec 07 @ 11:00UTC-08:00 : PST/AKDT
Milton Herbert Bancroft; Newton, MA, 1867 - 1947; Spring Floral Dance (study); oil on canvas; 24 x 36 inches; signed and titled on reverse; private collection, Alameda CA; This piece is possibly the study for the larger scale murals above the entrances to colonnades in the Court of Four Seasons at the Panama-Pacific International Exposition 1915
Auction Location:
United States
Previewing Details:
Saturday, December 1st, 10 to 4, Friday, December 6th, 11 to 7, Saturday, December 7th, beginning at 9am
Additional Fees:
Shipping Details:
<b>SELLER DOES NOT SHIP</b>
Recommended shippers:
For smaller items: The Packaging Company, (415) 664-6881 attn: Marwon
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(718) 875-5050
Payment Details:
NO CREDIT CARDS ACCEPTED
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STANDARD CONDITIONS OF SALE
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These Conditions of Sale are binding on all purchasers at Auction. Please read carefully. By registering to bid at auction, in person, or through an agent, by absentee bid, or telephone or any other means including the Internet and e-mail, you agree to be bound by these Conditions of Sale (and changes made as noted below.) All property and every lot for sale in our catalogue is offered subject to the following terms and conditions, along with any changes that may be published or announced prior to or during a sale by Auctions By The Bay, Inc. (ABB). The terms “ABB” “us,” “we,” or “our” as used herein all refer to Auctions By The Bay, Inc. Unless otherwise indicated in the catalogue or at time of sale, ABB acts at all times solely as the agent for the seller. All sales shall be deemed to occur in California regardless whether by telephone, mail or through the Internet or the physical location of the buyer. <p>
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Hammer price: The highest bid received for a lot upon the fall of the auctioneer’s hammer. Buyer’s premium: The amount paid by the buyer as a percentage of the hammer price and in addition thereto. Purchase price: The aggregate of the hammer, buyer’s premium and applicable taxes or other fees, if any, as may be required by law. Reserve: The minimum price at which the lot may be sold. Buyer: The person or entity who buys property at auction or private sale. Consignor: The seller, or the seller’s representative, on behalf of whom we are selling the Property. Lot: The single item or group of items offered by us for sale. Property: The item or items comprising an auction lot being offered for sale. <p>
BUYER’S PREMIUM <p>
The Buyer shall pay a Buyer’s Premium on each lot of 15 % (12 1/2 % if paying by cash, check or wire transfer) of the Hammer price up to and including $50,000 plus 12 1/2 % (10 % if paying by cash, check or wire transfer) of any amount in excess of $50,000, which shall be retained by ABB. TERMS OF SALE a. The Purchase of and Payment for Property The sale of a lot shall be to the highest bidder as determined by the auctioneer, in accord with these Conditions of Sale. Title to the lot shall pass with the fall of the Auctioneer’s hammer. Buyer shall pay the Purchase price, as defined above, and such other fees as may be due, in full, within seven (7) days of the auction sale. Sale is not final and property will not be released to Buyer until good funds for all amounts due, are received by ABB. Payment may be made (i) in cash, (ii) by wire transfer, (iii) by money order or other guaranteed funds, (iv) by personal check (when buyer’s credit is approved) or (v) with Master Card® or Visa®. No lot shall be transferred by Buyer to another person until the sale is final. In the event of partial payment for any lot or lots we shall apply payments, in our discretion, to the lot or lots we select. The Buyer grants ABB a security interest in the purchased Property, and we may retain as collateral any property purchased and any funds in our possession, to secure a Buyer’s obligations to us, if any. We retain the rights of a secured party under the California Commercial Code. All fees, taxes, premiums or other sums due and not paid pursuant to this paragraph shall bear interest at 1.5 % per month from the 8th day following the sale to the date paid in full. b. Collection of Property Upon transfer of title, Buyer assumes full responsibility, including risk of loss and damage, for the Property. Purchased property shall be removed at Buyer’s expense within fifteen (15) days after the sale becomes final. Property not removed shall be subject to a service fee of $50, and a storage fee, if retained by ABB, of 1% of the purchase price per month. ABB may also, in its sole discretion, elect to place the Property in a public storage facility at the Buyer’s sole risk, responsibility and expense. c. Liability for delivery of property If, however, for any reason whatsoever, we are unable to deliver the purchased Property to the Buyer, ABB shall be liable to the Buyer only for the Purchase price paid by the Buyer and in no event shall we be liable for incidental or consequential damages, including, but not limited to, business interruption or loss of profit. <p>
THE AUCTION PROCEDURE<p>
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DISCLAIMER OF WARRANTIES<p>
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ESTIMATES OF VALUE<p>
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BUYER’S DEFAULT<p>
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RESCISSION<p>
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IN ALL INSTANCES, YOU MUST GIVE WRITTEN NOTICE TO US WITHIN SIX (6) MONTHS OF THE SALE OF THE PROPERTY, SETTING FORTH THE BASIS FOR YOUR CLAIM AND, AT YOUR SOLE EXPENSE AND RISK, RETURN THE PROPERTY IN QUESTION TO ABB WITHIN SEVEN (7) DAYS AFTER NOTICE IS GIVEN AND IN THE SAME CONDITION AS WHEN SOLD. <p>
Upon review of the claim and the property, if we are satisfied with the bases for your claim and the property is in the same condition it was in when sold, ABB will rescind the sale and return to you the Purchase price, unless we have already remitted funds to the Consignor. In that event, and at ABB’s sole discretion, ABB shall either pay you as provided above, or shall pay you only that portion of the Purchase price retained by us (the Seller’s commission, the buyer’s premium and any sales taxes collected) and on your behalf make demand on the Consignor for the balance and upon receipt of the funds remit same to you. Should the Consignor refuse to return the funds to you or to ABB, we shall disclose the Consignor’s identity and assign to you any and all rights ABB may have against the Consignor. Any and all liability ABB may have as agent for the Consignor shall thereupon terminate. <p>
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*Authorship refers to the maker or creator of the Property, and the period, social culture, and origin of the Property as stated in the Bold Type Heading for a given lot in our catalogue. It does not refer to the descriptions which may be contained in the information below the Bold Type Heading. <p>
MISCELLANEOUS<p>
a. Modification: No modification or amendment of the Conditions of Sale shall bind ABB unless contained in a writing signed by ABB, except as may be posted or published as noted above or verbally announced at time of sale. b. Severability: If, for any reason, any part of the Conditions of Sale is held to be invalid or unenforceable, the remaining portion shall be valid and enforceable. c. Successors and Assigns: The Conditions of Sale shall be binding on all the heirs and assigns of the Buyers and bidders and inure to the benefit of ABB’s successors and assigns. d. Jurisdiction, Venue, Choice of Law: Dispute resolution shall occur in Alameda County, California, USA. The provisions of the Conditions of Sale will be construed and disputes determined by application of California Law, without regard to conflicts of law. e. Notice, Service of Process: Buyers agree to accept all notices and service of process relating to dispute resolution at the address provided by Buyer on any registration forms required to be executed as a condition of bidding in our auction. f. Dispute Resolution: All disputes and claims arising out of or relating to events and actions covered herein, brought by or against us, shall be resolved by mediation or binding arbitration in accord with the procedures set forth below. This provision does not apply to claims brought by the Buyer directly against the Consignor, including, but not limited to any action brought pursuant to the rescission provisions noted above <p>
MEDIATION AND ARBITRATION PROCEDURES <p>
(a) Within 30 days of written notice that there is a dispute, the parties or their representatives may meet at a time and place mutually agreed upon, to mediate their differences. If the parties agree, a mediator acceptable to the parties shall be selected. The mediator shall be an attorney, trained in mediation techniques and familiar with commercial law and the California Uniform Commercial Code (UCC). The mediator's fees shall be shared equally and paid by all parties. At the mediation, all parties shall have actual authority to settle the dispute. Any statements made during, and all aspects of, the mediation process shall be kept confidential and shall not be admissible in any subsequent arbitration or judicial proceeding. Any resolution shall be confidential. (b) If the parties cannot agree to mediation, or if mediation does not resolve the dispute, or in any event no longer than 60 days after receipt of written notice referred to above, the parties shall submit the dispute for binding arbitration before a single neutral arbitrator jointly selected, or absent agreement, selected from the panel of Arbitrators provided by the American Arbitration Association (AAA). If, within 15 days, the parties cannot agree on an arbitrator, then AAA shall select one (1) person as arbitrator in accord with AAA rules. The arbitrator shall be an attorney, experienced in commercial law and with the UCC. The arbitrator shall be required to follow the law in making his award, and the award shall be in writing and shall set forth findings of fact and legal conclusions.(c) The arbitration shall occur within 60 days of the selection of the arbitrator, in either Oakland or San Francisco, California, unless the parties agree to another location. Discovery and the procedure for the Arbitration shall, unless otherwise agreed to by the parties, follow the procedures and policies of AAA governing commercial arbitration, subject however to the following modifications: 1. All arbitration proceedings shall be confidential. None of the parties nor the arbitrator, may disclose the existence, content or results of the arbitration without the written consent of all parties. 2. The parties shall attempt to agree on the issues to be arbitrated, or identify the disputed issues in writing no later than 45 days prior to arbitration. 3. Unless otherwise agreed by the parties, discovery, if any, shall be limited as follows: (a) Requests for no more than 10 clearly identified categories of documents, to be provided to the requesting party within 14 days of written request therefore; (b) Depositions: No more than two (2) per party, provided however, the deposition(s) are to be completed within one (1) day; (c) Compliance with the above shall be enforced by the arbitrator in accord with California law. 4. Each party shall have no longer than eight (8) hours to present its position. The entire hearing before the arbitrator shall not take longer than three (3) consecutive days, unless all parties agree otherwise in writing. The award shall be made in writing no more than 30 days following the end of the proceeding. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Each party shall bear its own attorney's fees and costs in connection with the proceedings and shall share equally the fees and expenses of the arbitrator.