IMPORTANT WORKS BY CARL ANDRE, ANDY WARHOL, JEAN-MICHEL BASQUIAT, FRANCIS BACON, CHILDE HASSAM AND WILLIAM MERRITT CHASE IN RAGO’S MAY 7 FINE ART AUCTIONS.
Lambertville, NJ: On Saturday, May 7, 2016, Rago will hold auctions of 19th/20th Century American and European Art and Post-War/Contemporary Art. The sales feature works fresh to market, with many significant deaccessions from important collections.
19TH / 20TH AMERICAN / EUROPEAN ART: Saturday, May 7, 2016 at 11:00 a.m. (Lots 1-160)
19th/20th C. American and European Art features paintings by William Aiken Walker, Frederick Judd Waugh, Edward Moran, William Merritt Chase, Joseph Moerenhout, Alfred Walter Williams, Allen Tucker, Joseph Floch, James Carroll Beckwith, Emile Albert Gruppe, Hayley Lever, Richard Alan Schmid, Gary Erbe, Eric Sloane, Robert Gwathmey, Humbert L. Howard, Claude Venard and Raya Sorkine. Pennsylvania Impressionists and Modernists include Fern Isabel Kuns Coppedge, Vira B. McIlrath Scheibner, Hugh H. Breckenridge, Henry Bayley Snell, Robert Spencer, Mary Elizabeth Price, Walter Emerson Baum and William Langson Lathrop. Prints by Jules Chéret, Alphonse Mucha, Henri Matisse, Leonetto Cappiello, Thomas Hart Benton, Romare Bearden, Jacob Lawrence, Rufino Tamayo, M.C. Escher, Georges Braque, Pablo Picasso, Joan Miró, Le Courbusier, Henry Moore and Marc Chagall. Sculpture by Boris Lovet-Lorski, Mabel Conkling, Alexander Proctor, Katherine Lane Weems, Ettore Colla, Charlotte Yazbek, Francisco Zúñiga, Nat Neujean and several works by Malvina Hoffman from the collection of Paul Nassau. Works on paper by Childe Hassam, John Marin, Hans Erni and a small collection of works by Yasuo Kuniyoshi. Also included are a number of photographs from the Collection of Dorothy Norman including works by Edward Steichen, Ansel Adams and Dorothy Norman herself.
Auction Exhibition/Preview/Bidding
• Saturday, April 30 through Thursday, May 5, 12-5 p.m. and by appointment. Friday, May 6, 12-7 p.m. Doors open at 9 a.m. the day of the sale.
• Open House with guest speaker, Robert Wittman, author of “The Devil’s Diary: Alfred Rosenberg and the Stolen Secrets of the Third Reich,” Tuesday, May 3, reception at 5 p.m., lecture at 6 p.m. RSVP to 609.397.9374 ext. 119 or raac@ragoarts.com.
• Rago is located midway between New York City and Philadelphia. Directions online at ragoarts.com.
• Telephone, absentee, online bidding available for those unable to attend.
Catalogues
• Print: $20 (or both for $30). Available by calling 609.397.9374 or e-mailing a request to info@ragoarts.com.
• Online at ragoarts.com as of April 19.
Start | Premium (%) |
---|---|
$0 | 28.00 |
$500,000 | 23.00 |
Start | Increments ($) |
---|---|
$0 | $25 |
$300 | $50 |
$1,000 | $100 |
$2,000 | $200 |
$3,000 | $200 |
$3,200 | $300 |
$3,500 | $300 |
$3,800 | $200 |
$4,000 | $200 |
$4,200 | $300 |
$4,500 | $300 |
$4,800 | $200 |
$5,000 | $500 |
$10,000 | $1,000 |
$20,000 | $2,000 |
$32,000 | $3,000 |
$38,000 | $2,000 |
$42,000 | $3,000 |
$48,000 | $2,000 |
$50,000 | $5,000 |
$100,000 | $10,000 |
$200,000 | $20,000 |
STORAGE AND SHIPPING INFORMATION
As the buyer, you are responsible for the pick up or shipment of the property you’ve purchased.
As a courtesy the auction house has made arrangements with a variety of third party shippers to provide shipping quotes for our buyers. Please note that shipping remains the responsibility of the buyer and we highly recommend getting quotes during preview week for large, fragile or heavy items so you can consider the shipping costs before bidding. Under no circumstances will the Auction House be held responsible for items entrusted to a third party shipper.
Shipping small items by common carrier (UPS, FedEx, DHL or USPS): We have engaged shippers to pick up several times a week from the auction house. Our recommended shippers for small items are Masterpiece Shipping and The Flemington UPS Store. Once we receive your payment and the completed shipping form authorizing the release of your property to the shipper, we will add your lot(s) to the list for the next pick up. You will receive a shipping quote for your approval within 48 hours after the shipper has picked up your lot(s). If for any reason the quote is not acceptable to you, your property will be returned to the auction house so that you can make alternate arrangements.
Shipping larger items by freight: (for example: furniture, bulky or odd shaped items) that exceed allowable dimensions or weight restrictions of UPS, Fed Ex and similar carriers. The auction house can provide assistance in arranging for delivery by freight. Depending on the location, we can recommend a variety of third party shippers. We are also happy to work with the freight company of your choosing. Please keep in mind that delivery of these types of items can be an expensive proposition and we urge you to consider this before bidding. Please remember that it is your responsibility to pay for all deliveries.
Pick up at Rago’s: Hours for pick up are Monday – Friday, from 9:00 a.m. – 11:30 a.m. and from 1:30 p.m. to 5:00 p.m. The shipping department closes each day from 11:30 – 1:30. The Auction House is closed on Federal holidays and on Mondays following two and three day auctions. We require 24 hours’ notice in advance of pick up. Please bring your own packing materials.
Important Notes:
• Weekend pick ups are made by special arrangement and/or by appointment only.
• New Jersey sales tax of 7% must be added to your invoice when picking up merchandise unless you have a valid resale number on file.
• All property must be paid for and removed from Rago Arts & Auction Center within 15 business days of the auction. Unless special arrangements are agreed upon in writing before the sale. Storage fees are charged beginning on day 16. For more details see below and see our Terms of Sale.
Firearms: Rago sells only antique firearms as defined by the U.S. Bureau of Alcohol, Tobacco and Firearms. Due to New Jersey firearms regulations, all handguns, pistols, and revolvers will only be shipped via Federal Express and will only be delivered to a person who holds a Federal Firearms License or a Curios and Relics License. Handguns, pistols, and revolvers can only be picked up at Auction House by a person who holds a Federal Firearms License or the proper New Jersey handgun permits, which must be shown and logged. There are no exceptions. No firearms will be sold or shipped internationally.
Frequently Asked Questions
May I use one check to pay for the invoice and shipping charges?
We wish we could accommodate this, but payment for your invoice and shipping charges are two separate transactions. Once your invoice is paid, the shipping process begins. A separate credit card payment to the shipping company will be necessary.
Will I be charged tax for picking up the item at the Auction House?
A 7% New Jersey sales tax must be added to your invoice if you come to the auction house to pick up your property. This tax will be waived if you have a resale number. You must complete the proper documentation in order to avoid the sales tax charge.
Do I need to pay for insurance coverage for the items in shipment?
We highly recommend insuring your items for their full value during shipping. If you choose to waive the insurance coverage, we require a signed waiver from you stating that you accept full liability for any damage that may occur in shipment.
What happens if my item is damaged during shipment?
It is a rare occurrence, but if your item arrives damaged, you must keep all packaging materials. Notify the auction house immediately. Take photographs of the damage to the box as well as the item. A representative from the shipping company will make an appointment to come and inspect the damage and begin the claim process.
If you have any other questions about how to take possession of your property, please call Karen Davies at (609) 397-9374 or send her an e-mail.
Collection of Property and Storage Charges: The buyer will pay for the purchased Property immediately and remove it from the premises of the Auction House within fourteen (14) days of the sale. We are not responsible for any damage or loss on property purchased but not removed from premises. If the purchased Property is not removed within thirty (30) days of the sale, the buyer will thereafter be assessed a $10 per lot storage charge per day. The Auction House may, at its discretion, remove the purchased Property to public storage at the buyer’s risk and expense. All associated charges will be added to the total invoice and must be paid in full before the Property will be released.
Property purchased and left at the auction house for 90 days will be sold or donated for you.
Read more
Terms of Sale
Questions?
Contact Miriam Tucker, Managing Partner
mtucker@ragoarts.com
Rago Arts and Auction Center (Hereafter referred to as "the Auction
House").
609-397-9374 (p) / 609-397-9377 (f)
All bidders are responsible for reading and understanding these Terms of
Sale, as well as any supplemental notices. If you have any questions after
having read the Terms of Sale, please contact the C.E.O., Miriam Tucker,
at mtucker@ragoarts.com or 609.397.9374, extension 141.
All items in our Unreserved Auctions are "As-Is, Where-Is."
1. General
Each lot in this catalogue is offered for sale subject to the terms set
out below, as changed or supplemented by provisions a) written in other
places within these Terms of Sale, b) in written supplements to this
Catalogue or other materials prepared by us and c) as stated by the
auctioneer or posted in writing at the auction, prior to a bid being
accepted for a lot. No other communications by any employee of the Auction
House is intended to be binding, and such communications are made for
informational purposes only. By bidding at the auction the buyer and all
bidders agree to be bound by these terms or those changed and
supplemented, whether bidding in person, through a representative, by
phone, by internet, or other absentee bid.
Upon the fall of the auctioneer's hammer, the successful bidder becomes
the buyer and owner of the property and is responsible for the property,
the amount of the successful bid, the buyer's premium, applicable taxes,
and other charges provided for in the Terms of Sale in U.S. Dollars,
payable immediately.
The thirty (30) day warranty shall commence on the date of sale and
continue to run without any tolling even if the Buyer within that thirty
(30) day period 1) fails to inspect or pay, 2) requests delay in shipment,
3) provides incorrect shipping address or information or 4) is unavailable
to receive shipment.
Sales Results: Preliminary results will be available online shortly after
each sale at www.ragoarts.com. Final sales results will be available as
soon as the Auction House has audited and verified all sales, usually
within one day of the auction.
The Auction House retains all rights to photographs and other intellectual
property contained in this catalogue.
2. Auctioneer's Determination Final
A lot will be sold to the highest bidder as determined in the sole and
exclusive judgment of the auctioneer. The auctioneer will also have the
sole and exclusive power and authority to a) resolve any disputes between
bidders, b) determine whether to pass or re-offer a lot for sale, c)
reject or challenge any bid or advance in the bidding, d) exclude any
bidder from the premises and e) otherwise regulate the bidders, the
bidding and its increments.
3. Buyer's Premium, Purchase Price, Taxes, and Billing
For purchases made in the room or by phone or by absentee bid and paid for
by check, cash, money order or wire transfer: A buyer's premium will be
applied to the hammer price of each lot equal to 25% on the first
$200,000; 20% between $200,000 and $3 million.
For purchases made in the room or by phone or by absentee bid and paid for
by Visa, MasterCard, Discover or PayPal: A 2% surcharge will be added to
the total invoice (hammer price, buyer's premium as above, any applicable
taxes).
For purchases made through any online bidding platform, regardless of
means of payment: A buyer's premium will be applied to the hammer price of
each lot equal to 28% on the first $200,000; 23% between $200,000 and $3
million.
Taxes: If you are shipping to a New Jersey address or if you pick up the
lots you have won at our New Jersey location, you must pay the State's 7%
sales tax. The only exception is for those who hold a valid resale license
and file the completed New Jersey State Sales Tax Form (New Jersey
Seller's Certificate Form ST3 or Non New Jersey Seller's Certificate Form
ST-3NR) with Rago at time of payment. No New Jersey sales tax is charged
for purchases shipped out of state.
Billing: All successful bidders will be sent invoices by e-mail or mail
(if we do not have an email address on file) within the two business days
that follow the auction.
4. Methods of Payment and Fees
Cash. Check. Wire Transfers. Money Order. Visa. MasterCard. Discover.
PayPal. (NOTE: A 2% surcharge will be added for payments made by Visa,
MasterCard, Discover or PayPal. See Terms of Sale paragraph 3.)
All payments are due immediately upon receipt of invoice. We reserve the
right to hold all goods paid for by check until payment has cleared.
If payment is not received within fifteen (15) days, the Auction House
reserves the right to impose from the date of sale a late charge of 1 1/2%
a month of the total purchase price.
5. Payment, Collection, and Shipping Responsibilities of Buyer
Buyer Obligations: On the fall of the auctioneer's hammer, title to the
property immediately transfers to the successful bidder who, in turn,
becomes the buyer of the Property. The buyer immediately assumes full risk
and responsibility for the purchased Property, including all costs and
expenses of handling, shipping, insurance, taxes, export, and otherwise,
and is liable for the full purchase price, plus the buyer's premium,
applicable taxes, and any other associated expenses.
Collection of Property and Storage Charges: The buyer will pay for the
purchased Property immediately and remove it from the premises of the
Auction House within fourteen (14) days of the sale. We are not
responsible for any damage or loss on property purchased but not removed
from premises. If the purchased Property is not removed within thirty (30)
days of the sale, the buyer will thereafter be assessed a $10 per lot
storage charge per day. The Auction House may, at its discretion, remove
the purchased Property to public storage at the buyer's risk and expense.
All associated charges will be added to the total invoice and must be paid
in full before the Property will be released.
Those who choose to pick up their property from the Auction House
following the sale must call 24 hours in advance to arrange pick-up.
Regular hours for pick up are Monday - Friday, from 9:00 a.m. - 11:30 a.m.
and from 1:30 p.m. to 5:00 p.m. Please bring your own packing materials.
The Auction House is closed on Federal holidays and on Mondays following
full auction weekends. Weekend pick-ups are made by special arrangement
and/or by appointment only. Note: New Jersey sales tax of 7% must be added
to your invoice when picking up merchandise unless you have a valid resale
number on file.
The buyer is responsible for the shipment of all purchased property. We
will work with any shipper of your choosing. If you have any shipping
preference for any reason, please make sure your shipper carries
insurance. We are not responsible for any damage or loss that occurs while
your objects are in another's care. We will also not be responsible for
any damage or loss that occurs if you choose a shipping method that we
have advised against and we will require a waiver from you acknowledging
this.
As a convenience to the buyer, the Auction House will, if requested, give
your property to a third party shipper. This company will pack and ship or
arrange shipment for you via UPS, FedEx or other carrier, fully insured,
for a fee payable in advance by credit card. Shipments are made within a
few days after payment has been received.
All international customs, duties, and other tariffs are the
responsibility of the Buyer. The Auction House and all third party
shippers will declare the selling price as the value in all cases.
Shipping larger items: Larger items are objects such as furniture,
andirons, floor vases, or any other item whose safe packing will exceed
the limits of common carriers. The Auction House can arrange delivery by
freight almost anywhere in the United States, fully insured, for a fee.
The delivery of large, heavy, or expensive objects is not an inexpensive
proposition and we urge you to consider this before bidding.
Firearms: Rago sells only antique firearms as defined by the U.S. Bureau
of Alcohol, Tobacco and Firearms. Due to New Jersey firearms regulations,
all handguns, pistols, and revolvers will only be shipped via Federal
Express and will only be delivered to a person who holds a Federal
Firearms License or a Curios and Relics License. Handguns, pistols, and
revolvers can only be picked up at Auction House by a person who holds a
Federal Firearms License or the proper New Jersey handgun permits, which
must be shown and logged. There are no exceptions. No firearms will be
sold or shipped internationally.
Property purchased and left at the auction house for 90 days will be sold
or donated for you.
6. Buyer Default
Remedies: If any of the Terms of Sale are not fully complied with by the
buyer, the buyer will be in default without need of notice by the Auction
House. The buyer shall be liable to the Auction House and the consignor
for the total purchase price, including all premiums, charges, and
expenses specified in the Terms of Sale. Interest shall accrue at the rate
of 18% per annum commencing with the date of the auction. In addition to
other remedies available to the Auction House by law, the Auction House
may, at its option, a) cancel the sale of the lot(s) on which the buyer
defaulted and of any other lots sold to the defaulting buyer at the same
or any other auction(s) and retain as liquidated damages all payments made
by the buyer, b) resell the purchased Property, whether at public auction
or private sale, or c) pursue any combination of a) and b) above. In event
of default, the buyer will be responsible to the Auction House and the
consignor for any deficiency, any and all costs and expenses, including
reasonable attorneys' fees, collection fees and expenses, late charges,
and other damages. The Auction House may, at its discretion, apply any
proceeds of sale otherwise due to the buyer or monies of the buyer in the
Auction House's possession to reduce or satisfy the buyer's obligations.
Security Interest: As security for full payment to the Auction House and
the consignor of all amounts due, the buyer grants the Auction House the
right to retain a security interest in the Property purchased at auction
and in any other property or money of buyer in the Auction House's
possession or coming the Auction House's possession (collectively,
'collateral'). The Auction House shall have the rights of a secured
creditor as provided by the Uniform Commercial Code and other applicable
law. Such security interest in the Property or other collateral will cease
when the Property is physically delivered to the buyer or the buyer's
agent.
7. Warranties and Guarantees
All items are served "As-Is, Where-Is," except as expressly stated
otherwise in the following paragraph:
All information in the catalogue concerning authenticity is guaranteed for
a period of thirty (30) days from the date of sale. In that time, prior to
payment to the consignor of the work, the Auction House will allow the
buyer to submit, at his own expense, an opinion in writing from a
recognized expert, pre-approved by the Auction House and the purchaser,
regarding authenticity. In the event the work is judged inauthentic by the
expert, the work may be returned in the same condition as at time of sale
and the buyer's full purchase price will be refunded. Refunds shall not
include costs of transportation, insurance, or other expenses that may
have been incurred by the buyer. It is the buyer's responsibility to make
payment in a timely fashion such that the property can be released and
inspected within this thirty (30) day time frame. Should the buyer not do
so, or should the buyer request the auction house to delay shipment,
should he give an incorrect shipping address, or be unavailable to receive
shipment, the thirty (30) day warranty shall still apply. If the Auction
House has paid the consignor the amounts due consignor as a result of the
sale, the Auction House will (i) refund to the buyer the amount of the
buyer's premium and applicable taxes received from the buyer, and (ii)
make written demand upon the consignor for the payment of the balance of
the purchase price. If the consignor fails to honor the written demand for
a refund of the balance of the purchase price, the Auction House will
furnish buyer the name and address of the consignor, and assign to buyer
all of the Auction House's rights for the return of the balance of the
purchase price of the affected lot. Upon this disclosure and assignment,
the Auction House will have no further liability to buyer or
responsibility to pursue the buyer's claim. The Auction House will extend
reasonable cooperation to buyer, provided that such cooperation does not
require out-of-pocket expenditures by the Auction House. This limited
right of rescission is available only to the original buyer and may not be
relied upon by any heir, agent, transferee, assign, or other third party
or assigned to any subsequent transferee of the Property which gives rise
to the claim.
This Warranty does not cover any description that states there is a
conflict of specialist opinion; any description that states (or is
bracketed in a section described as) "as-is" or "not guaranteed."
This Warranty does not cover any typographical errors. This Warranty does
not cover wear on furniture. This Warranty does not cover flakes, surface
scratches, or manufacturing flaws in glass or ceramics.
The description of clocks and lighting devices, whether in catalogues or
condition reports, may be incomplete and not identify every mechanical
replacement, repair, or defect. The absence of reference to the condition
of a clock or lighting device does not imply it to be in working condition
or without defects, repairs, restorations, or replacement parts.
The description of jewelry, whether in catalogues, condition reports, or
any other form, is rendered as opinion, including, but not limited to,
specialist opinion as to authenticity, the enhancement or treatment of
gemstones, the weight of gemstones, the country of origin, the authorship
or origin (manufacture) of an item, its period (or c.) or the authenticity
of its marks.
No warranty is made that any watch is in working condition or without
defects, restorations, or working parts.
Buyers are advised to check watch works prior to auction.
All measurements are approximate.
This disclaimer of liability on our part applies whether the information
is included in the catalogue, advertisements, announcements, or
communicated through our representatives, bills of sale, or elsewhere, and
whether written or oral.
No Warranty of Reproduction: Neither the consignor nor we make any
warranty or representation, express or implied, as to whether a buyer will
acquire any reproduction rights, copyrights or other intellectual property
rights in, or with respect to, the Property.
The Auction House makes no warranties, express or implied, as to the
merchantability or fitness for purpose except as otherwise expressly
stated in these Terms of Sale.
8. Qualifying to Bid
As a security measure for our consignors and our company, all bidders must
establish credit. You will be asked to furnish identification and a valid
credit card number, credit references and/or (for absentee, phone and
online bidders) an initial deposit in the form of a pre-authorization hold
equal to 10% of the low estimate of the total number of lots on which you
are bidding. First time and international buyers bidding on Asian lots
with a total low estimate of $5,000 or greater will be asked to a) furnish
an initial deposit in the form of a pre-authorization hold equal to 30%
and b) grant the Auction House the right to charge your credit card 30% of
the selling price on the day of sale. If you are acting as another's agent
or principal, we may request a letter of authorization. If you are
successful and do not remit payment as specified, the amount owed will be
charged to your credit card together with such charges set forth in these
terms of sale. If you have any questions, contact Eliane Talec, ext. 118.
Bidding Numbers: All bidders must register and receive a bidding number
from the Auction House prior to bidding at the auction.
9. Bidding Increments
All unreserved bidding starts at 50% of the low estimate unless there are
two or more competing absentee bids in excess of this figure. The
auctioneer has the sole and exclusive power, discretion, and authority to
regulate the bidding and its increments.
Increments
* $10 until $100 is reached
* $25 until $500 is reached
* $50 until $1,000 is reached
* $100 until $3,000 is reached
* $250 until $5,000 is reached
* $500 until $10,000 is reached
* $1,000 until $30,000 is reached
* $2,500 until $50,000 is reached
* $5,000 until $100,000 is reached
* $10,000 over $100,000
10. Absentee Bids
Absentee bids are requested by no later than 6:00 p.m. on the business day
before the auction. We accept absentee bids by phone, by mail, in person,
or by fax. Absentee bidders are emailed bid confirmations - If you do not
receive a bid confirmation by the afternoon prior to the auction, please
call us. When you do receive a bid confirmation, please double check for
accuracy.
All absentee bidding is handled as though you are in attendance. We buy
all designated lots for you one bidding increment above where competition
stops. Please check and comply with these increments. In case of failure
to comply, we will reduce each off-increment bid to the next lower figure.
"Plus" bids: Because of our structured bidding increments, it is more
likely that several people will leave identical bids. Since an earlier bid
left with the auction house wins in the event of a tie, a later bid with
an added "plus" bid to the next increment would win the piece.
Absentee bids left with third party online bidding platforms are sent to
the auction house as the lot comes up for auction and not before. There is
no time advantage to absentee bids left with third party online bidding
platforms.
All absentee bidder names and bids are held in strictest confidence,
disclosed only in the event of a question after the sale.
Absentee bidding is a convenience offered to our customers and, while we
will make every effort to execute your instructions, the Auction House is
not liable or responsible for any errors or failure to do so. If you place
absentee bids with the Auction House, then choose to attend in person, bid
by phone or any other means, it is solely your responsibility to cancel
any or all absentee bids prior to the start of the auction.
11. Telephone Bids
Rago guarantees you a line and a phone agent for bidding until 4 PM on the
day prior to an auction. After that time, we will gladly accept your
absentee bids, even during the auction (up to 30 minutes before a lot goes
on the block). Changes to bid lists left with us prior to the deadline
will always be accommodated as best we can, as will follow-up phone bids
for those who attend/must leave the auction and other exceptional cases.
If you need condition reports, please request and review them prior to
reserving phone lines.
Telephone bidders are emailed bid confirmations - If you do not receive a
bid confirmation by the afternoon prior to the auction, please call us.
When you do receive a bid confirmation, please double check for accuracy.
We can call you at two phone numbers ONLY during the auction. If you are
unsure of where you or your agent will be during the sale, we recommend
you leave absentee bids.
Please do not change your phone number after your phone lines have been
confirmed; if you do, the Auction House will not be responsible for any
breakdown in communications. Overseas phone numbers only will be confirmed
the day before the auction.
We do not have the capacity to assign phone agents to clients who want to
listen only or who will not bid the minimum selling price. Therefore, if
you bid by phone, you must be willing to open bidding and bid to within
2/3 of the low estimate should the bidding go that far. You may, however,
leave absentee bids for any amount.
Bids are placed on the telephone at the discretion of the Auction House
and at the caller's risk. Telephone bidding is a convenience offered to
our customers and, while we will make every effort to execute your
instructions, the Auction House is not liable or responsible for any
errors or failure to do so.
If you place absentee bids with the Auction House or Live Auctioneers and
also bid in person, by phone or any other means, it is solely your
responsibility to cancel any or all absentee bids prior to the start of
the auction. If you do not or cannot, regardless of reason, you will be
held responsible for the property's purchase.
12. Internet Bids
The Auction House has also engaged the services of third party online
bidding platforms called Bidsquare and Live Auctioneers. Please proceed to
these sites for all necessary information on how to bid and buy online
using this system. The user of Bidsquare and/or Live Auctioneers
indemnifies and holds the Auction House and its consignors harmless
against any claim arising out of or resulting from your use of the
Bidsquare and/or Live Auctioneers sites, including all losses, damages,
liabilities, and all fees (including attorney's fees), costs, and expenses
incurred in connection with any claim. Under no circumstances, including,
but not limited to, negligence, shall the Auction House and its consignors
be liable for lost profits or any special, incidental, or consequential
damages that result from the use of, or the inability to use, this site.
If you place absentee bids with the Auction House and/or a third party
site and also bid in person, by phone or any other means, it is solely
your responsibility to cancel these absentee bids prior to the start of
the auction. If you do not or cannot, regardless of reason, you will be
held responsible for the property's purchase.
Absentee bids left with third party online bidding platforms are released
to the Auction House when a lot comes up for sale. The Auction House
cannot distinguish these from bids made in real time. They have no timed
advantage.
13. Condition Reports
Condition reports are rendered as specialist opinion by the staff of the
Auction House and/or independent consultants and not as statements of
fact. We do not guarantee the content of written or verbal condition
reports.
Up-to-date condition reports can be accessed online at ragoarts.com. If
you would like additional information, please call (609) 397-9374, fax
condition report requests to (609) 397-9377 or e-mail them to
info@ragoarts.com. Our specialists will respond to requests as quickly as
possible.
Please be patient. We get many requests and we make every effort to
respond to all of them in a timely fashion. The Auction House is not
liable or responsible for any errors or failure to do so.
14. Reserves
A reserve is the confidential minimum price established by the Auction
House and the consignor. The reserve will never exceed the low estimate of
the lot. The Auction House prohibits consignors from bidding on their own
property, but may implement the reserve by bidding on behalf of the
consignor at the auction up to the reserve.
15. Estimates
The estimates provided in this catalogue are our opinion of the price that
a willing buyer would pay for the property at auction, based, where
possible, on prices paid for comparable items sold in the past. They are
neither a representation nor a prediction of the actual selling price that
will be realized at auction, post-auction sale, or upon resale, which may
be substantially different from these estimates. We shall not be liable in
any way for such a difference.
16. Withdrawal of Property from Sale
The Auction House reserves the right to withdraw property from the sale
for any reason and with no liability whatsoever for such withdrawal.
17. Rescission by Buyer
All items are served "As-Is, Where-Is," except as expressly stated
otherwise in Paragraph 7. Buyer acknowledges and expressly agrees that the
provisions of this Paragraph state the sole and exclusive remedy available
to a buyer in the event of non-conformity in Property purchased. The buyer
understands and agrees that the exclusive remedy for any breach of the
warranty shall be a rescission of the sale and a refund of the original
purchase price (bid plus buyer's premium), as well as any applicable taxes
paid. Neither the Auction House nor its Consignor shall be liable for
damages beyond the remedy expressly provided for herein, such as, but not
limited to, direct, indirect, special, incidental, punitive, or
consequential, including the loss of profit or revenue, cost of obtaining
alternative property, claims of customers of the buyer or otherwise.
18. Rescission by the Auction House
In the event the Auction House receives notice of an adverse claim with
respect to purchased Property, the Auction House shall have the right (but
not the obligation), in its sole and absolute discretion, to rescind the
sale to the buyer, upon written notice to the buyer. Upon such notice, the
buyer will promptly return the purchased property to the Auction House's
premises in the same condition as when purchased.
The Auction House will then promptly refund the purchase price, including
the buyer's premium and applicable taxes paid. Buyer will have no further
recourse against the Auction House or the consignor, and the Auction House
and the consignor shall not be liable for any damages of any nature
suffered by the buyer.
19. Governing Law and Forum for Disputes
The laws of New Jersey shall govern the auctions of the Auction House. Any
disputes that may arise in connection with the auction and/or any auction
purchase, and all of the terms and conditions set forth herein above,
shall be governed by and construed in accordance with New Jersey law.
Anyone who participates in the auction and/or makes auction purchases
agrees to submit to the jurisdiction of the courts of the State of New
Jersey with respect to any dispute arising in connection with the auction
and/or any auction purchases. In the event that the Auction House needs to
bring an action to enforce the terms and conditions herein and/or to
collect any sum due and owing to it the Auction House shall be entitled in
addition to collect its reasonable attorney's fees, collection agency
fees, and cost of suit.
20. Limitations of Liability
The Auction House acts only as the agent for the consignor and in no event
will be liable for any breach or default by the consignor.
21. Severability and Waiver
If any provision of portion of these Terms of Sale shall be deemed
unlawful, void, or unenforceable under applicable law, that provision or
portion shall be stricken and severed from the remaining provisions, which
shall remain in full force and effect. Failure to enforce any of the
provisions in these Terms of Sale shall not be deemed a waiver of the
right to enforce any other provisions of these Terms of Sale.
22. No Assignment
Unless the Auction House consents in writing, buyers may not assign their
rights or any of their obligations related to an auction or other sale by
the Auction House.
23. No Modifications
These Terms of Sale may not be changed unless the Auction House and buyer
have agreed to do so in a written agreement signed by both parties.
24. Export or Import - Endangered/Threatened/Prohibited Species
The State of New Jersey prohibits the import, sale, purchase, barter, or
possession with intent to sell of any ivory, ivory product, rhinoceros
horn, or rhinoceros horn product with exceptions that are irrelevant to
commercial sale. As used in this act "Ivory" means tooth or tusk from any
animal, including, but not limited to an elephant, hippopotamus, mammoth,
narwhal, walrus, or whale, or any piece thereof, whether raw ivory or
worked ivory, or made into, or part of, an ivory product. As concerns
worked products made of species legal to sell under current Federal
guidelines, it is the sole responsibility of buyers to familiarize
themselves with International and U.S. state laws or requirements for
import and export; to identify and obtain any necessary export, import,
endangered species or other permit prior to bidding; and to abide by
International and U.S. laws and requirements. The Auction House and the
Consignor make no representations or warranties as to whether any lot is
or is not subject to export or import restrictions or any embargoes and
will have no responsibility with regard to these matters. a)
International: Several countries do not allow the importation of lots
containing materials made from endangered species. This includes, but is
not limited to coral and tortoiseshell. An export license may be required
for the export of certain materials, as well. b) State of California:
California Penal Code sections 653o - 653r make it illegal to import into
California for commercial purposes, to possess with intent to sell, or to
sell within the state, the dead body, or any part or product thereof, of
any polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope,
wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus
monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or
porpoise (Delphinidae), Spanish lynx, or elephant. Starting in 2015, it
will be unlawful to import into this state for commercial purposes, to
possess with intent to sell, or to sell within the state, the dead body,
or any part or product thereof, of any crocodile or alligator. Should a
buyer in California state an intent to sell the certain animal parts named
in California Penal Code sections 653o - 653r, the Auction House reserves
the right to reject bids and refuse to ship.
25. Firearms
Rago sells only antique firearms as defined by the U.S. Bureau of Alcohol,
Tobacco and Firearms. All Firearms will be sold in accordance with State
of New Jersey and Federal firearms laws and any relevant State of New
Jersey and Federal laws. It is the sole responsibility of buyers to
familiarize themselves with their local laws and requirements for the
possession of firearms; to identify and obtain any necessary license or
permit prior to bidding; and to abide by all Federal, State and local laws
and requirements. The Auction House and the Consignor make no
representations or warranties as to whether any lot is or is not subject
to such restrictions and will have no responsibility with regard to these
matters. Rago sells only antique firearms as defined by the U.S. Bureau of
Alcohol, Tobacco and Firearms. Due to New Jersey firearms regulations, all
handguns, pistols, and revolvers will only be shipped via Federal Express
and will only be delivered to a person who holds a Federal Firearms
License or a Curios and Relics License. Handguns, pistols, and revolvers
can only be picked up at Auction House by a person who holds a Federal
Firearms License or the proper New Jersey handgun permits, which must be
shown and logged. There are no exceptions. No firearms will be sold or
shipped internationally.
26. Miscellaneous
Private Sales: These Terms of Sale shall apply to both auction and private
sales of property.
Paragraph Headings: Paragraph and subheadings are included in these Terms
of Sale for ease of reference and should not be used to interpret the
meaning of the substantive provisions.
Addendum to Terms of Sale: Jewelry
For centuries, 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. The Auction House makes
no representations or warranties, express or implied, as to whether
natural stones have been treated or enhanced, whether specifically
referenced or not.
All stones have been identified by standard gemological field tests as the
mounting permits and the Auction House will make available to prospective
buyers any gemological certificates in its possession. It will not always
be feasible to obtain a qualified lab report on every stone offered
through the Auction House. Buyers wishing 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 may request
one at their own expense or hire an independent adviser of their choosing.
Weights given are based solely on measurements and known gemological
formulae; they are approximate, not exact. Weight may differ once a stone
is removed from its setting. Buyers are advised to verify weight estimates
prior to auction
Addendum to Terms of Sale: Coins and Currency
Grading is a not an exact science. It is a matter of opinion as to
condition and other attributes. Because of this, grading can and will
differ among third party grading services (even though consensus grading
is employed by most), independent experts, dealers, collectors and auction
houses, including our own. Due to the subjectivity of coin and currency
grading, a given piece evaluated twice by the same expert may be assigned
a different grade each time. Opinion as to the grading, condition or other
attributes of any property may have a material effect on value.
Therefore all coins and currency are served "As-Is, Where-Is," by the
Auction House except as to authenticity, as expressly stated in the Terms
of Sale. They are sold without any additional express or implied warranty,
including, but not limited to, grade. This includes all coins and
currency, including, but not limited to, those:
* Referencing the opinion of a third-party grading service;
* With no reference to the opinion of a third-party grading service;
* With reference to the opinion of Auction House as to grading;
* Subsequently submitted to a third-party grading service for
determination or certification;
* Encapsulated and therefore unable to be physically examined.
The Auction House reserves the right to differ with the grades assigned to
property, by certificate or otherwise, regardless of the grading service
and will not be bound by any prior or subsequent opinion, determination or
certification by third-party grading services including, but not limited
to, National Guaranty Company (NGC), Professional Coin Grading Service
(PCGS), Paper Money Guaranty (PMG) and Currency Grading and Authentication
(CGA) or any other any grading service, third party organization or
dealer. There is no guarantee or warranty implied or expressed that the
grading standards utilized by the Auction House will meet the standards of
any grading service at any time in the future.
The Auction House has graded uncertified coins and currency with reference
to the current interpretation of the American Numismatic Association's
standards at the time of grading.
The Auction House reserves the right to re-grade property re-consigned for
any reasons, including, but not limited to a change of grading standards,
differences in opinion, mishandling over time.
The Auction House will not be liable for any patent or latent defect or
controversy pertaining to or arising from any encapsulated coins or
currency. In any such instance, purchaser's remedy, if any, shall be
solely against the service certifying.
Please note:
* Certain types of plastic may react with a coin's metal or transfer
plasticizer to notes, causing damage. Avoid storage in materials that are
not inert.
* Catalog illustrations may not be to scale or reflect the depicted
property's actual size