SOLD
7,000.00USDto toopricey852+ buyer's premium (1,400.00)
This item SOLD at 2004 Oct 13 @ 19:23UTC-05:00 : EST/CDT
Did you win this lot?
A full invoice should be emailed to the winner by the auctioneer within a day or two.
Lot # 1389 OSCAR EDMUND BERNINGHAUS (American, 1874-1952) WESTERN HORSE WITH SADDLE. Oil on board scene shows brown horse mounted with saddle in a green landscape. Signed lower left “O. E. Berninghaus Taos, NM”. Housed in a period carved wood frame. SIZE: 7” x 9”. CONDITION: Very good. 9-98768 (9,000-12,000)
Auction Location:
United States
State of Maine Sales Tax is 5% and will be collected at time of payment unless a sales tax number is on file.
Buyer's Premiums:
| From (Incl.) | To (Excl.) | Premium |
| 0.00 |
Infinite |
20% |
Additional Fees:
Shipping Details:
PLEASE ALLOW 14 DAYS FROM THE TIME YOUR PAYMENT IS RECEIVED FOR SHIPPING. You will find our shipping forms on our website. If you are a successful absentee, phone or internet bidder our shipping forms will be mailed to you along with your purchase invoice. These forms must be completed and returned to our offices along with your payment if you require us to ship your purchases. Purchases paid for by credit card or other secure methods will expedite the shipping of your purchases. Items paid for by personal or business checks will be held for 10 days before processing by the shipping department.
We do charge for this service. You will be billed for LABOR at an hourly rate of $22.00 ($5.50 per 15 minutes). The MATERIAL used in packaging your items includes bubble wrap, peanuts and corrugated boxes. INSURANCE costs will be $.55 per $100.00 in value (based on the hammer price + the buyers premium). You may of course elect not to insure your items; in this case we will require you to sign a release absolving James D. Julia, Inc. of any liability. FEDERAL EXPRESS or other shippers CHARGES will also be applied.
INTERNATIONAL BUYERS PLEASE NOTE: Our insurance carrier will not allow us to insure packages shipped outside of the United States or Canada. Some international shipping companies will provide insurance; however most common carriers will not make full restitution on damages or lost packages. It is our recommendation that you secure insurance on your end. We will not declare less than the full sale price on any international paperwork.
Payment Details:
Money Order/Cashier Check,
Personal Check,
Visa/Master Card,
Discover
Accepted Payment Methods:
- VISA
- Discover
- Money Order/Bank Draft
- Check/Cheque
- COD (cash on delivery)
<p>For years, we have worked hard to develop a reputation for honesty and fairness.
We have tried to apply this same principle in preparing this particular sale.
So that you might know what the limitations are for this sale, we have tried
to clearly outline the conditions below, which will specifically indicate how
various circumstances will be handled.</p>
<p>1. GUARANTEE - We have attempted to make a consistent effort in cataloging
to correctly describe the property to be sold. The catalog descriptions carry
a limited guarantee. It is a guarantee to protect you against major discrepancies
that would have a major effect upon the value of the item. Under no circumstances
do we guarantee against anything less than a major discrepancies that would
have less than a major effect upon value. This limited guarantee covers authenticity.
It also covers against any major restoration or repair not described. We also
guarantee against fakes, reproductions or major fabrications. As outlined above,
our guarantee is limited, however, it is rare in the auction business which
operates on the principle of "Caveat Emptor". Our intention is to
be as fair as possible in our catalog descriptions but understand that most
of these items have been used and may show signs of wear. If you are a very
particular collector it is advisable for you not to bid on these items here
or at any auction house without seeing the item in person as your definition
of condition may be far more particular that what any cataloger would have time
or space to specify. The purpose of our catalog description is to give our customers
a general description of what the lot is and we will guarantee that description
against a major discrepancy only. If the discrepancy is less than a major discrepancy,
under no circumstances would any adjustment or refund be made. Should the need
arise, the auctioneer reserves the right to make verbal corrections and provide
additional information from the block at the time of the sale. Absentee bids
will not be executed on items that are found to be other than described in the
catalog unless we were able to contact you prior to the lot being sold and advise
of this discrepancy. If we are unable to reach you or if time does not permit,
we will not execute your bid. Please note that the only thing we guarantee is
what is in print in the catalog and what is announced from the block at the
time of sale. Absolutely nothing discussed over the telephone or in person prior
to the auction shall be construed as part of the guarantee. Since opinions can
differ, particularly in the matter of condition, the auctioneer will be the
sole judge in the matter of refunds.</p>
<p>A. TIME LIMIT: For bidders it is expected that you have examined the items
before you purchased them and that as you pick them up, you will re-examine
them one last time. If there is a problem regarding condition, it is expected
that you would notify us immediately before leaving the auction facility. If
you are an absentee bidder then it is your responsibility to examine the lot
immediately upon receipt. If a major discrepancy should be discovered, it is
your responsibility to contact us immediately. Please Note: All guarantees and
options for refunds or adjustment become null and void 44 days after the auction.
We pay consignors on the 45th day. Once we have paid our consignors we no longer
have control for the payment and under no circumstances can we consider any
refunds. If you suspect that there is a major discrepancy or problem with authenticity
of your lot, it is your responsibility to contact our office before the 44 days
are up and inform us of the issue. We can at that time discuss terms to extend
the guarantee period. If you pay late and thus, receive your items late, it
does not qualify for an extension of guarantee period. The guarantee is null
and void 44 days after the auction. It is your responsibility to pay for and
acquire your purchases in a timely fashion.</p>
<p>B. LIMIT OF RESTITUTION: Under no circumstances will the auctioneer be responsible
for lost profits or other financial damages. Refunds requested on the grounds
of authenticity must be accompanied by at least a supporting written statement
from an authority recognized by the auctioneers. Auctioneer will not be responsible
for shipping costs, after auction appraisal fees, testing or any other post
auction costs.</p>
<p>C. TYPE OF RESTITUTION: An item that qualifies for an adjustment is limited
to one of the following options:
1) Major problems, (i.e. fakes, significant alteration, major unannounced restoration,
etc.) will result in full money back refund or adjustment in sale price.
2) Less than major problems or discrepancies are not part of the guarantee and
no refund or adjustment will be considered for less than major problems. </p>
<p>2. RECEIPT OF GOODS - All goods sold will be tagged and can be claimed upon
presentation of paid receipts ONLY. All items to be wrapped will be wrapped
by the purchaser. </p>
<p>3. PROTESTED BIDS - In case of a disputed bid, the Auctioneer is the sole determinant
as to who is the successful bidder and at his discretion may re-offer and resell
the article in dispute. </p>
<p>4. TAX - State of Maine sales tax is 5% and will be collected at time of payment,
unless a resale sales tax number is on file.</p>
<p>5. NOMINAL BIDS - The Auctioneer may reject nominal bids, small opening bids
or very nominal advances made with purpose of disparaging an item. If a lot
fails to open for 25% to 30% of the low estimate, the item may be passed from
the block by the Auctioneer and may not be re-offered until a later sale. </p>
<p>6. ABSENTEE BIDS - Phone, fax or mail bids, will be accepted with a 20% deposit
and can be confirmed with a Visa or MasterCard number in many cases. A staff
member will execute your bid competitively an increment at a time. It is entirely
possible to buy items by absentee bid for less than your top bid price. Absentee
bids are a service provided to our customers free of charge. Every effort is
made to execute all absentee bids; however, you must know that this is not a
perfect system neither here nor at any other auction house. In the event of
an error of omission or failure to properly execute absentee bids, the auctioneer
shall not be held liable. </p>
<p>7. TERMS - All items are to paid for in U.S. funds the day of the auction.
Bidders who have not established an account with us and wish to pay by check
must establish an account prior to the beginning of the auction by presenting
a current letter of reference from their bank or by providing references that
are suitable to the auctioneer. Absentee Bidders: Directly after the auction
a bill will be sent to you for the items you purchased and a total amount due.
This bill is due upon presentation and must be paid immediately. The auctioneer
reserves the right to hold merchandise purchased by personal check until the
check has cleared the bank, if the auctioneer deems such action necessary to
protect his interest. </p>
<p>8. INTEREST AND DEFAULT - If the buyer's invoice is not paid in full within
15 days of the auction, James D. Julia, Inc. has the right and will charge the
buyer's credit card of record on file for the total invoice amount. Interest
will be charged on all balances not paid at the rate of 1-1/2% monthly (18%
APR) effective 15 days from the date of purchase/auction. Should the buyer not
comply with any of the Conditions of Sale, the damage recoverable from the buyer
shall include any loss arising on the resale of the lot, together with the charges
and expenses in respect of both sales as well as any legal or collection fees
incurred. James D. Julia, Inc. shall hold any money deposited in partial payment
on account of any liability of the defaulted item. </p>
<p>9. RESERVES - Some items in this auction may carry a conservative reserve.
Therefore, the auctioneer reserves the right to bid on behalf of the owner or
the auction house. The purchaser will be the highest bidder acknowledged by
the auctioneer. Please note that when a lot carries a reserve, the reserve is
usually below the low estimate in the catalog. Actual reserve amount will not
be divulged, but we will tell you if an item carries a reserve should you inquire.</p>
<p>10. WITHDRAWAL - We reserve the right to withdraw any property before sale
and shall have no liability whatsoever for such withdrawal.</p>
<p>11. TITLE - A title passes upon the fall of the Auctioneer's hammer. It will
then be the responsibility of the buyer to make full payment prior to removing
the goods from the premises. It is both the buyer's risk and expense for removal
and must be made at the conclusion of the sale unless other arrangements are
made with the Julia's Operations Manager. Please note any lots we might make
arrangements for moving or storing are solely at the risk of the owner and any
damage or loss occurring after the fall of the hammer becomes that of the buyer.
</p>
<p>12. PHONE BIDS - At the discretion of the auctioneer, phone bidding may be
arranged on more expensive items, (i.e. $500 or more). In order to make arrangements
to bid on the telephone at the time a lot is being sold, you must contact our
office in advance of the auction. We will make arrangements to call you just
prior to the lot being sold so that you may bid over the telephone. There are
usually a limited number of phone lines available into the room, so if you wish
to bid over the telephone, it is important for you to make your arrangements
early. Cover bids: No absentee bid system is perfect, there will always be some
mistakes. Your best bet is to be present at the auction, however, if you can't
and you wish to bid by telephone, to help ensure your participation, you might
want to consider a cover bid at the time you make arrangements for phone bidding.
A cover bid allows your phone contact here at Julia's to still execute a bid
for you even if they can't get through to you on the telephone. Your phone agent
is the only person who will have this bid and will only use it to bid in the
event that they cannot reach you. Assuming you are reached via telephone, they
would not use your bid and while you are on the phone you can bid greater or
lesser than your cover bid. Cover bids are not mandatory, you can place one
at your discretion, they are simply a safety device in the event you cannot
be reached by telephone in time.</p>
<p>13. AGENT RESPONSIBILITY - If you are registering or executing a bid for someone
else under your number, please bear in mind that you are responsible for the
settlement of that account with us regardless of whether the person you're executing
or registering for pays you or not.</p>
<p>14. BUYER'S PREMIUM - Shall be reduced to 15% of the final bid price, to be
paid by the buyer as part of the purchase price. This is assuming the account
is paid by check, cash or any equivalent of cash. If you settle your account
by credit card the buyer's premium then shall be the standard 17% of the final
bid price which will be applied to each lot sold to be paid by the buyer as
part of the purchase price. </p>
<p>15. LEGAL DISPUTE - Any legal disputes arising from this auction shall be settled
in the court system in the State of Maine.</p>
<p>16. UNIFORM COMMERCIAL CODE - The Maine Uniform Commercial Code, Title 11,
Section 2-328 applies to this auction sale.</p>
<p>17. ACCEPTANCE OF CONDITIONS - Bidding on article(s) indicates your acceptance
of all of the above terms.</p>
<p>18. MAINE AUCTIONEER RULES AND REGULATIONS - The Maine Auctioneer Rules and
regulations are regulated by the Maine Board of Licensing of Auctioneers, 35
State House Station, Augusta, Maine 04333.</p>
<p>19. AUCTIONEER'S LICENSE NUMBERS: Maine License #AR83
New Hampshire License #2511
Massachusetts License #1406</p>
<p>NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS.
</p>