September 2024: Day Two

UPDATED CONDITIONS OF SALE, effective for sales starting on and after August 15, 2024

 

The following Conditions of Sale are DuMouchelles (“we,” “us,” or “our”) and constitute the entire terms and conditions on which property listed in the catalog shall be offered for sale or sold by DuMouchelles and any consignor of such property for whom DuMouchelles acts as agent. Bidder and buyer (collectively “agent”, “purchaser”, “you” or “your”) agrees to be bound by these terms by registering to bid and/or by bidding in our auction sale. The Conditions of Sale, the glossary on our website, and all other contents of the catalog are subject to amendment by DuMouchelles by the posting of notices or by oral announcements made during the sale.   By participating in this sale, you agree to be bound by these terms and conditions.

 

By accepting these Terms and Conditions, you agree that DuMouchelles may send you emails related to your account, transactions, and promotional offers. We value your privacy and your right to choose the communications you receive. You can update your communication preferences at any time through your account settings or by contacting us. Please note that even if you opt out of promotional emails, we may still send you important administrative and transactional emails related to your account or purchases. Your email preferences can be changed at any time, and we will honor your requests promptly.

 

Please be advised that we are open Tuesday through Saturday 11AM to 4PM Eastern Time. We are closed Sundays, Mondays, and national holidays. Our hours of operation may change from time to time, so please call us to confirm a visit or visit our website for updates.

 

By participating in any sale, the Bidder and Buyer agree to be bound by these terms and conditions.

 

1. Live and Online Only Auctions. We conduct both live auctions and online only auctions. In a live auction, you can participate in and watch the bidding in real time - in person or online - while an auctioneer conducts the auction, accepts, and announces bids, and proclaims a winning bid. In an online only auction, you can also participate in and watch the bidding in real time – but only online – while the system accepts and announces bids and proclaims a winning bid. The winning bid is the hammer price and it excludes Buyer's Premium, applicable taxes and shipping, all of which are the responsibility of the buyer. We encourage you to obtain shipping estimates prior to bidding.  You may bid online with us at www.dumoart.com. If you bid online via a third-party Bidding Platform, you will incur additional fees charged by the Bidding Platform and you are subject to their terms and conditions, so please read those terms, in addition to our Conditions of Sale.  Please also see the “Third-Party Online Bidding Platforms” section of our Conditions of Sale.

 

2. Condition of Lots.  All sales are final. We offer pre-auction viewings that are free of charge.  Prospective bidders or their agents should inspect the property before bidding to determine its condition, size and whether or not the condition of the lot meets your expectations or requirements.   Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalog entry. Condition reports, photos and video or digital images are provided as a courtesy and should not be used as a substitute for viewing items in person.  We are not responsible for providing a description of a lot’s condition in the catalogue or in a condition report. The absence of a condition report does not imply that the lot is free from imperfections or the effects of aging. All statements made in the catalog or in a condition report or made orally or in writing elsewhere are statements of opinion and are not to be relied on as statements of fact. Except as set forth in the “Limited Right of Rescission” section of the Conditions of Sale, DuMouchelles and the Consignor assume no risk, liability or responsibility for the authenticity of the authorship of any property identified in this catalog.

 

3. As Is. The physical condition of lots in our sales can vary due to age, normal wear and tear, previous damage, and restoration/repair. All property is sold “as is” and neither DuMouchelles nor the Consignor make any warranties or representations of any kind or nature with respect to the property, and no statement in the catalog or made at the sale, advertisement or in the bill of sale or invoice or elsewhere shall be deemed an assumption of liability or warranty or representation as to the description, genuineness, authorship, attribution, provenance, period, culture, source, origin, measurements or condition of the property. Any such statements are qualified statements of opinion and not representations, warranties, or assumption of liability. All dimensions given in the catalog are approximate and are not guaranteed. All weights, grades, and sizes listed are approximate. Neither DuMouchelles nor the consignor shall be responsible for any error or omission in the catalog description of any lot. No employee or agent of DuMouchelles is authorized to make on our behalf or on that of the consignor any representation or warranty, oral or written, with respect to any property.

 

4. Bidding Registration.  Bidders participating in an auction are required to register either online or in person and are subject to our approval to bid. We encourage you to request approval at least two (2) business days prior to an auction. When you register to bid you will be asked to provide us with a valid credit card number. You authorize us to verify the validity of the credit card by placing a temporary authorization hold on the card. Bidder agrees to keep its username and password confidential.

a. Documentation. New bidders, bidders who have not purchased from DuMouchelles recently, or bidders who plan to exceed their recent spending history with us must register at least two (2) business days prior to an auction and we may require the following:

i. Individuals must provide government issued photo identification (driver’s license, non-driver ID card, or passport) and, if not shown on the photo identification, proof of current address (a current utility bill or bank statement).

ii. Corporate clients must provide a Certificate of Incorporation or its equivalent bearing the company’s name and registered address, together with documentary proof of directors and beneficial owners. 

iii. Trusts, partnerships, offshore companies, and other business entities must contact us in advance of the auction to discuss our requirements.

b. Additional Information. We reserve the right to request further information from any bidder, such as the source of funds, to complete bidder identification and registration procedures. If we are not satisfied with the information you provide us in our bidder identification and other registration procedures, we may refuse to register you to bid, and if you make a successful bid, we may cancel the contract for sale between you and the seller.

c. Deposits and References. We may also request financial and other references and/or a deposit before approving the bidder registration. Deposits are to be made via wire transfer or ACH and must be received at least one (1) business day prior to the auction. In the event a deposit is submitted and you are not the successful bidder, your deposit will be returned to you. If you are the successful bidder, any such deposit will be credited to offset the appropriate portion of the purchase price.

d. Bid Limits. Each bidder may be subject to an aggregate bidding limit and you should be notified of this when registering for a sale.  Any such bidding limit will apply to all items for sale in that auction and to all items you bid upon in aggregate, not on a per lot basis. The bidding limit is based upon the maximum bid you make as opposed to the actual bid amount that is accepted. DuMouchelles, in its sole discretion, may lower or rescind this limit and can contact you to request the production of documents or information in relation to such limit. Should you wish to bid beyond your bidding limit or if you have a question regarding your bidding limit, please contact us.

e. Agents. If you are bidding as an agent on behalf of another person, your principal must be a registered bidder and must provide us with written authorization allowing you to bid. You, as the agent, shall accept personal liability to pay the purchase price and all other sums due unless we have agreed in writing before the sale that you are acting as an agent on behalf of your principal and that we will only seek payment from your principal.

f. Liability. Registered bidders agree to be fully liable for all bids, including the liability to pay in full immediately after the sale for any lot that is the subject of a successful bid submitted by the bidder in accordance with the Conditions of Sale.

g. Sanctioned Person(s). By participating in the sale, you represent and warrant that:

i. The bidder and/or purchaser is not subject to trade sanctions, embargoes or any other restriction on trade in the jurisdiction in which it does business as well as under the laws and regulations of the United States, and is not owned (nor partly owned) or controlled by such sanctioned person(s) (collectively, “Sanctioned Person(s)”); 

ii. Where you are acting as agent, your principal is not a Sanctioned Person(s) nor owned (or partly owned) or controlled by Sanctioned Person(s); and

iii. The bidder and/or purchaser undertakes that none of the purchase price will be funded by any Sanctioned Person(s), nor will any party be involved in the transaction including financial institutions, freight forwarders or other forwarding agents or any other party be a Sanctioned Person(s) nor owned (or partly owned) or controlled by a Sanctioned Person(s), unless such activity is authorized in writing by the government authority having jurisdiction over the transaction or in applicable law or regulation.

h. Fraud or Breach. If DuMouchelles, in its sole discretion, suspects the bidder or buyer of fraudulent registration or believes the bidder or buyer is in breach of our Conditions of Sale, we may rescind their registration and the sale of any item.

 

5. Bidding.  DuMouchelles reserves the right to reject a bid from any bidder.  The auctioneer has the right to split any bidding increment and to advance the bidding in any manner as the auctioneer may decide. The highest bidder acknowledged by the auctioneer shall be the buyer.  In the event of any dispute between bidders, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute.  If any dispute arises after the sale, the sale record of DuMouchelles shall be conclusive in all respects. Any bid you submit can and may be the winning bid for a particular lot. Your bid constitutes an offer to purchase the lot. If we accept your bid, you become contractually bound to buy the lot in accordance with that bid and you agree to pay us the amount of your bid and the Buyer’s Premium for such lot and assume all risk of loss and damage to such lot, in addition to any obligations, costs and expenses relating to its handling, shipping, insurance, taxes and export as set forth herein. You agree that a bid is final once it is placed. You are fully responsible for any errors you make in bidding.

 

6. Bidding Increments. Bidding generally opens at or below the low estimate and increases in steps (bidding increments) to be determined in DuMouchelles sole discretion. Bids at auction must be submitted in that auction’s Bidding Increments. DuMouchelles generally uses the following bidding increments:

 

Starting Bid | Increments ($)

$0 | $5

$30 | $10

$100 | $25

$400 | $50

$900 | $100

$2,000 | $250

$5,000 | $500

$10,000 | $1,000

$20,000 | $2,500

$50,000 | $5,000

$100,000 | $10,000

$200,000 | $25,000

$500,000 | $50,000

$1,000,000 | $100,000*

 

* = Additional increments will be at the discretion of the auctioneer.

 

7. Absentee Bids.  As a convenience to bidders who cannot attend a sale in person, DuMouchelles may, if so instructed, execute written bids on their behalf, without additional cost.  Absentee bidders should complete the Absentee Bid Form provided on our website and submit the written bid in advance of the auction.  If DuMouchelles receives written bids on a particular lot for identical amounts, and at the auction these are the highest bids on the lot, it will be sold to the person whose written bid was received and accepted first.   DuMouchelles is not liable for any errors or failure to execute the written bid or for errors or omissions in connection with the written bid. Lots are bought for absentee bidders at the lowest possible price (which may be below the written bid price) subject to other bids or reserves. Absentee bids will be rounded down to the nearest increment if your bid is not within the accepted increments.

 

8. Phone Bids.  If a bidder makes arrangements with DuMouchelles at least two (2) business days prior to commencement of the sale, DuMouchelles will use reasonable efforts to contact them to participate in bidding by telephone.  We will accept bids by telephone only if our staff is available to take the bids. DuMouchelles is not liable for failure to contact bidder or for error and omissions in connection with telephone bidding. DuMouchelles will use reasonable efforts to carry out phone bids, however DuMouchelles is not responsible for inability to reach bidder by phone.

 

9. Third-Party Online Bidding Platforms. We engage third party online bidding platforms, including without limitation LiveAuctioneers, Invaluable and BidSquare ("Bidding Platforms") to collect or facilitate auction bids, each of which levy fees to buyers for their services and have their own terms and conditions. Please also see the “Buyer’s Premium” and “Payment” sections of our Conditions of Sale. Since we engage with multiple Bidding Platforms simultaneously, the Bidding Platforms may often have identical bids. It is the discretion of the auctioneer to determine which bid, from which Bidding Platform is recognized. DuMouchelles has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Bidding Platform. Your dealings with Bidding Platforms are solely between you and such Bidding Platforms. We encourage you to be aware of, and to read, the terms and conditions and privacy policy of any Bidding Platform that you visit. You expressly release DuMouchelles from all liability arising from your use of any Bidding Platform or other third-party website or service. Absentee bids left with Bidding Platforms are released to DuMouchelles when a lot comes up for sale. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE AND OUR SELLERS BE LIABLE FOR ANY DAMAGES, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THESE BIDDING PLATFORMS.

 

10. Buyer’s Premium.  For lots purchased directly through DuMouchelles in person, absentee, by phone or through DuMouchelles’ website, a premium of 24% of the hammer price will be added to all lots and is payable by the buyer as part of the total purchase price. For purchases made through third-party Bidding Platforms, the buyer's premium Is higher and additional fees may apply which are payable by the buyer as part of the total purchase price. Please refer to each platform's terms and conditions for specific details.

 

11. Cancel Absentee Bids. If you submit an absentee bid to us directly, online or through a Bidding Platform but then attend the auction in person, bid by phone or by any other means, it is solely your responsibility to cancel any or all of your submitted absentee bids prior to the start of the auction. If you do not or cannot cancel your previously submitted absentee bids, regardless of reason, you will be held responsible for the purchase of any lot for which you have placed a winning bid.

 

12. Auctioneer’s Discretion.  The auctioneer shall have absolute discretion to (a) admit a bidder into or remove a bidder from the saleroom or online auction; (b) accept or refuse any bid; (c) change the order of the lots in the auction; (d) move the bidding backward or forward; (e) withdraw any lot from the auction; (f) divide any lot or combine any two or more lots; (g) reopen or continue the bidding even after the hammer has fallen; and (h) continue the bidding, determine the successful bidder, cancel the sale of the lot, or reoffer and resell any lot in the event that there is an error or dispute related to bidding or the application of the reserve, whether during or after the auction. The auctioneer shall have no liability for using its discretion.

 

13. Title.  Title and ownership to the offered lot will not pass to the buyer until we have received full payment for the lot, even in circumstances where we may have released the lot to the buyer. 

 

14. Estimates. Estimates for a lot account for the condition, rarity, quality, and provenance of the object and are based upon prices realized for similar objects in past auctions or our judgement. Neither you nor anyone else can rely on our estimates as a prediction or guarantee of the actual selling price of a lot or its value for any other purpose. Estimates do not include the buyer’s premium, any applicable taxes, and any other applicable charges.

 

15. Reserves.  Unless otherwise indicated, each lot is offered subject to a confidential reserve. The reserve is the confidential minimum bid price at which such lot will be sold and is set at or below the estimated range.  DuMouchelles may implement such reserves by bidding through its representatives on behalf of the Consignor.

 

16. Bid Per Lot.  Unless otherwise announced by the auctioneer, all bids are per lot as numbered in the catalog.

 

17. Auction Results. Preliminary auction results will be available online on our website shortly after each auction. Final auction sale results will be available online once we have audited and verified all sales and bids.

 

18. Technical Difficulties. DuMouchelles will not be responsible for errors or failures to execute bids placed online, including, without limitation, errors or failures caused by: (a) any loss of connection on DuMouchelles’ or your end to online sales; (b) a breakdown or problems with the online bidding software or Bidding Platform; and/or (c) a breakdown or problems with any internet connection, software malfunction, computer, mobile device or system. Execution of online bids is a free service and DuMouchelles does not accept liability for either party failing to access the bidding site or to execute an online bid or for errors or omissions in connection with this activity. In addition, we will not be responsible for any errors that may occur in the quality of digital images or videos.

 

19. Payment.  The buyers are expected to make payment for purchases immediately after the sale for the entire amount due (including hammer price, buyer’s premium and applicable taxes).  Payment is due no later than ten (10) days following the date of the sale. Payment must be in U.S. Dollars and may be made by wire transfer, ACH, cash, cashier’s check, money order, personal check with approved credit drawn on a U.S. bank or accepted credit card or debit card, subject to the following limitations:

a. Wire Transfers and ACH.

i. Buyers outside of the United States must submit payment via wire transfer. Credit cards are not an accepted form of payment for buyers outside of the United States.

ii. At DuMouchelles discretion, certain lots may be required to be paid for by wire transfer or ACH.

iii. Customers who have not established credit history with DuMouchelles may be required to pay in the form of a wire transfer or ACH.

b. Checks.

i. Personal checks, money orders, bank or cashier’s checks will be acceptable only if credit has been established with DuMouchelles or if a bank authorization has been received guaranteeing a personal check.

ii. We reserve the right to hold merchandise purchased by personal check, money orders, bank or cashier’s checks until the funds have cleared our bank.

c. Invoices >= $10,000. Purchases or invoices equal or exceeding $10,000, must be paid in the form of a wire transfer, ACH, cashier’s check, money order, or personal check with approved credit drawn on a U.S. bank unless other arrangements have been approved by DuMouchelles in advance.

d. Credit Cards.

i. Bank or accepted credit card or debit card may be accepted, subject to the above limitations.

ii. DuMouchelles may charge your credit card for purchases made if items have not been paid for in accordance with our payment terms.

iii. Purchases through Bidding Platforms may Include credit card processing fees (in addition to their buyer's premium fees) that will be added to your purchase. The terms and conditions you accept on each Bidding Platform will apply.

 

20. Late Payment and Non-Payment. The buyer grants DuMouchelles a security interest in the property and DuMouchelles may retain as collateral security for the buyer’s obligations to DuMouchelles, any property or monies held or received by DuMouchelles for the account of the buyer.  Buyer agrees that a 1.5% per month late charge will be imposed on the total purchase price if payment is not made in accordance with all of the conditions set forth herein. A processing fee of $50 will be assessed on any returned checks. If the buyer does not make full payment for the purchases within ten (10) days following the date of the sale, DuMouchelles is authorized in their absolute and sole discretion to exercise one or more of the following remedies, in addition to other remedies available to DuMouchelles and the Consignor by law:  DuMouchelles is authorized to: (a) hold the buyer liable for the total purchase price; (b) cancel the sale, retaining as liquidated damages all payments made by the buyer; (c) resell the property at public auction or private sale with terms that DuMouchelles deems appropriate; (d) resell the property at public auction without reserve and the buyer shall be liable for any deficiency, cost, insurance and handling charges and the expenses of both sales and the commissions on both sales; (e) offset the full purchase price against any amount owed by DuMouchelles to the buyer; (f) not allow any bids at any upcoming auctions by or on behalf of the buyer; and (h) take other actions as DuMouchelles find necessary and appropriate. The buyer shall be liable to DuMouchelles for all other charges incurred as a result of buyer’s non-payment, including attorney fees, storage and handling fees, expenses and incidental damages.

 

21. Tax.  Unless exempted by law from the payment thereof, the buyer will be required to pay any and all applicable sales, use, luxury or other required taxes and buyer will pay Michigan sales tax for all purchases picked up at our Detroit, MI gallery. If a shipper does not have a have a Bill of Lading and you do not have a valid certificate of exemption on file with us, Michigan sales tax will be added to your invoice. For purchases shipped outside of Michigan using a certified transportation vendor, buyers will pay any sales tax DuMouchelles is required to collect for another state, unless the buyer provides a valid certificate of exemption. Unless exemption from such taxes is established to the satisfaction of DuMouchelles, any buyer claiming an exemption will be required to pay the tax to DuMouchelles and seek a refund from the governing jurisdiction. If the lot is delivered to a state where DuMouchelles is not required to collect sales tax, it is the responsibility of the buyer to self-assess any sales or use tax and remit it to the taxing authorities in that state.

 

22. Removal of Property.  The buyer, at the buyer’s expense must remove all property from DuMouchelles not later than ten (10) days following the sale. Removal of purchases during the auction is encouraged.

 

23. Non-removal of Property. If your purchases are not picked up within ten (10) days following the sale, you agree that DuMouchelles is not responsible for any damage or loss.  If you fail to retrieve your purchases within thirty (30) days after the sale, we may, without further notice to you, charge you a storage and handling fee of $5 per lot per day. Handling and storage fees will be added to the invoice balance and will require full payment to remove items. Notwithstanding the foregoing, DuMouchelles has no duty to store any lot indefinitely. For any purchases still in our possession ninety (90) days after the sale, you authorize DuMouchelles to discard or dispose of items using our discretion, including but not limited to auctioning lots to the highest bidder at our standard commission rates. You hereby release DuMouchelles of and from any claims related to such property (including without limitation claims for purchase price refunds, possession of such lot or other damages or losses).  You agree that this remedy is reasonable considering the costs DuMouchelles would have to incur to continue to store and process purchased lots after sale.

 

24. Packing and Shipping.  Shipping arrangements are the buyer’s responsibility and expense. We encourage you to get an estimate of shipping costs prior to bidding and understand the process and cost of shipping prior to bidding. Your selection of a shipper, insurance and the cost of shipping is your responsibility. We may use a third party, such as Arta (www.arta.io), to assist you with the shipping process and obtaining quotes, although shipping through Arta is not required. You are welcome to use any shipping vendor of your choice, select a shipper from a list we provide, or to collect your purchases yourself.  Any risks associated with packing and shipping are the buyer's responsibility and DuMouchelles Is not liable for shipping. Please refer to our website for our current shipping information.

a. Release Property to Any Third Party. We require your approval to release property to any third party. You are required to complete the authorization form available on our website or by contacting us prior to the collection of any purchased items. If you are shipping out of the state of Michigan, your shipper must have a Bill of Lading to present to us. If your shipper does not have a have a Bill of Lading, unless you have a valid resale number on file with us, Michigan sales tax will be added to your invoice.

b. Pick-ups At Our Gallery.  If you pick-up your purchases, please contact us in advance to schedule your pick-up. If you are picking up a large quantity and/or bulky or heavy pieces, please bring assistance and your own packing materials to pack and load your vehicle. You agree that any packing and handling of purchased lots by DuMouchelles employees are undertaken solely as a courtesy for the convenience of the buyer, and DuMouchelles is not responsible for damage or breakage which may occur during packing and handling and shipping by DuMouchelles or of other carriers or packers of purchased lots, whether or not recommended by DuMouchelles.   Packing and handling of purchased lots is at the entire risk of the buyer.  In the case of fragile items, DuMouchelles in their sole discretion may decline to pack the items.

c. Acceptance and Insurance.  Shipments must be to valid addresses and items will not be shipped to P.O. boxes.  All shipments require that the recipient (or a responsible adult at the residence) be present to sign for purchases shipped. We recommend and may require that you insure all items while in transit. If you use Arta, insurance coverage through Arta covers the total shipment value and shipping charges paid, excluding duties and taxes paid to customs. Insurance must be booked prior to collection. Arta will prioritize restoration in resolving an insurance claim when possible. Claims must be submitted within seven days of delivery. Arta’s terms and its insurance policy is available at https://www.arta.io/legal/terms.

 

25. Limited Right of Rescission.  If within twenty-one (21) days of the sale of any lot, the buyer gives notice in writing via certified mail to DuMouchelles alleging that the identification of authorship (as defined in the catalog Glossary and set forth in the auction catalog) of such lot as set forth in the catalog description of such lot (as amended by any written notices or verbal announcements during the sale is (a) not substantially correct based on a fair reading of the catalog, and (b) if within fourteen (14) days of such notice the buyer returns the lot to DuMouchelles in the same condition as when sold, and (c) establishes the written allegations to DuMouchelles’ satisfaction (including by providing one or more written opinions by recognized experts in the field, as DuMouchelles may reasonably require), then the sale will be rescinded and buyer will be refunded only the purchase price, buyer’s premium and applicable sales tax paid.  No reimbursement shall be made for any shipping costs incurred.  If, prior to receiving such notice from the original buyer alleging such defect, DuMouchelles has paid the Consignor monies owed to them in connection with this sale, DuMouchelles agrees to refund only the buyer’s premium and applicable sales taxes paid.  In the event the Consignor refuses to refund the payments, DuMouchelles may disclose the identity of the Consignor and assign to buyer DuMouchelles’ rights against the Consignor with respect to the lot the sale of which is sought to be rescinded.  Upon such disclosure and assignment, any liability of DuMouchelles as Consignor’s agent with respect to the said lot shall automatically terminate. Please note that this does not extend to any condition report, oral or written, provided to the buyer by DuMouchelles. Notwithstanding any other provision of these terms, DuMouchelles disclaims all warranties for the following:

a. No Guarantee of authenticity of authorship for all lots consisting of works of fine art by or attributed to artists, authors, or persons living before 1870 and, when no artist, author or person is so identified, works attributed to a period which includes any date prior to 1870 and all warranties relating to the identification of the periods or dates of execution of property which may be proven inaccurate.

b. No Guarantee of authenticity for Chinese, Japanese, Burmese or Korean paintings, ceramics or calligraphy. Current scholarship in the field of Chinese, Japanese, Burmese and Korean paintings and calligraphy does not permit unqualified statements as to authorship or date of execution.

c. Items with mechanical parts such as clocks, mechanical banks, music boxes, etc. are not guaranteed to be complete and/or in working condition. Most items with mechanical parts have been repaired in the course of their lifetime and may include parts not original to them. Timekeeping accuracy is not guaranteed.

 

26. Jewelry.  Historically, natural gemstones have been enhanced in a variety of ways, including heating, oiling, and other methods. These treatments are accepted by the international jewelry and gemstone trade. All types of gemstones may have been improved by some method and we make no representations or warranties, express or implied, as to whether natural stones have been treated or enhanced, whether specifically referenced or not. We do not obtain a gemological report for every gemstone sold in our sales. Unless otherwise stated and without a lab report, it is to be assumed that the gemstone has received some level of treatment. All jewelry weights and measurements are approximate. Weight may differ once a stone is removed from its setting. If you wish to have a grading or gemological report from an independent recognized laboratory such as the Gemological Institute of America, the European Gemological Laboratories, or the American Gemological Institute, you may request one at your own expense or hire an independent adviser of your choosing at your expense. You are advised to verify weight estimates prior to bidding at auction. Items with semi-precious and precious stones are not returnable once they have been removed from our auction gallery.

 

27. Firearms. DuMouchelles makes no warranties or representations whatsoever, and no employee or consultant of DuMouchelles has the authority to make any warranties or representations, concerning any firearms, antique arms or weapons ("Arms"), INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, as well as any express or implied warranties or representations regarding the operation, condition, reliability, safety to store or transport, or legality to purchase, own, store, transport or resell any Arms. Use of any Arms purchased at DuMouchelles is entirely at the user’s risk. DuMouchelles recommends that all weapons purchased be examined by a competent gunsmith. DuMouchelles disclaims any liability whatsoever for accident, injury or damage resulting to any person or property from the purchase, sale, transport, storage or use of any Arms purchased through DuMouchelles.

 

28. Frames. Fine art is often presented “framed.” The value in fine art lots is derived from the art itself. While we endeavor to handle items with great care, DuMouchelles accepts no liability for damage or loss to frames.

 

29. Limitation of Liability.  In no event will DuMouchelles be liable for any amount in excess of that paid by the buyer. IN NO EVENT SHALL DUMOUCHELLES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR SIMILAR DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. WITH RESPECT TO ANY SALE OF A LOT, IN NO EVENT SHALL DUMOUCHELLES BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSSES IN EXCESS OF THE PURCHASE PRICE PAID BY YOU TO DUMOUCHELLES FOR SUCH LOT TO WHICH THE CLAIM RELATES. We are not liable for any breach or default by the consignor or seller of a lot or in relation to any terms which are implied into contracts by law and which are the responsibility of the seller of an item. 

 

30. Import/Export. Some property that is sold at auction can be subject to laws governing export from the U.S., such as items that include material from some endangered species. Import restrictions from foreign countries are subject to these same governing laws. Granting licensing for import or export of goods from local authorities is the sole responsibility of the buyer. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of these lots.

 

31. Copyrights. DuMouchelles and the Consignor make no representations as to whether buyer acquires any reproduction rights in the property. DuMouchelles expressly reserves the right to reproduce any image of the lots sold in this catalog. The copyright in all images, digital images, videos, illustrations and written material produced by or for DuMouchelles relating to a lot, including the contents of the catalog, is, and shall always remain, the property of DuMouchelles and shall not be used by a bidder, the buyer, nor by anyone else, without our prior written consent.

 

32. Privacy. You accept and agree that DuMouchelles will hold and process your personal information and may share and use it as required by law and as described in, and in line with DuMouchelles Privacy Policy, available on our website at www.dumoart.com.  If you desire access, update, or restriction to the use of your personal information, please contact us at 313.963.6255.

 

33. Governing Law and Jurisdiction.  The Conditions of Sale, as well as the buyer’s, Consignor’s and DuMouchelles’ respective rights and obligations shall be governed, construed and enforced in accordance with the laws of the State of Michigan.  All persons participating in any auction sale, whether as bidder or consignor, whether present in person or by agent, or by absentee bid, order bid, telephone, online or other means, consent to the exclusive jurisdiction of the state courts located in Wayne County, Michigan, and if applicable, of the federal court located in Detroit, Wayne County, Michigan.

 

34. Severability.  If any part of the Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the Conditions of Sale shall continue to be valid to the fullest extent of the law.

 

Bidding on any item indicates your acceptance of these terms and all other terms printed within, posted, and announced at the time of sale whether bidding in person, through a representative, by phone, by online, or other absentee bid.

 

Glossary

 

For paintings, pictures, drawings, prints, miniatures and sculptures.

 

Please note that all statements in this catalogue as to authorship are made subject to the provisions of the conditions of sale.

 

1. MONTAGUE DAWSON Oil on Canvas, “The Constitution,” 24” x 36”

In our opinion a work by the artist. 

 

2. Attributed to MONTAGUE DAWSON*

In our competent opinion, a work of the period of the artist which may be in whole or part the work of the artist.

 

3. School of MONTAGUE DAWSON*

In our competent opinion, a work by a pupil or follower of the artist.

 

4. Manner of MONTAGUE DAWSON*

In our competent opinion, a work in the style of the artist, possibly of a later period.

 

5. After MONTAGUE DAWSON*

In our competent opinion, a copy of the work of the artist.

 

6. Bears the signature of MONAGUE DAWSON*

Has a signature which in our competent opinion might be the signature of the artist.

 

7. Signed

Has a signature which in our competent opinion is the signature of the artist.

 

8. Dated

Is so dated and in our competent opinion was executed at about that date.

 

9. Bears date

Is so dated and in our competent opinion may have been executed about that date.

 

*While the use of this term is based upon careful study and represents the opinion of experts. DuMouchelles accepts consignments of property for sale at public auction as agents for the seller. DuMouchelles and the Seller assume no risk, liability or responsibility for the authenticity of authorship of any lot in this catalog described by this term.