Nicolas Trudgian WWII Aviation Art

TIMED AUCTIONS TERMS OF SALE

1. General

Each lot is offered for sale subject to the terms set out below, as changed or supplemented by provisions written in other places within these Terms of Sale, in written supplements to the online catalog or other communications prepared by us and posted 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.

Placing a bid is a binding commitment. Upon the close of each lot in the timed auction, the high 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 of authenticity 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.

2) Timed Internet Bidding  

Timed bidding means bidders may place online bids any time up to the specified cutoff. You are bidding against other online bidders and are not bidding against anyone in a live auction simultaneously.

The Auction House’s timed online auctions are conducted at www.bidsquare.com by the third party online bidding platforms called Bidsquare. The Auction House has engaged the services of Bidsquare for all timed auctions. Please proceed to www.bidsquare.com for all necessary information on how to bid and buy online using this system.

The Auction House may temporarily suspend bidding if there are technical issues which prevent some or all users from placing bids, or which might compromise the accuracy of bids that do get placed. We will try to post information about temporary suspensions on the affected pages. We will do our best to re-activate the auction promptly. There is no guarantee that all bids will be preserved in certain types of technical failures. Bidders should always re-check before the end of an auction to see whether their bids still stand.

The user of Bidsquare indemnifies and holds the Auction House and its consignors harmless against any claim arising out of or resulting from your use of the Bidsquare site, 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.

3. Auction House’s Determination Final

The Auction House retains the sole and exclusive power and authority to a) resolve any disputes between bidders, b) determine whether to re-offer a lot for sale, c) reject or challenge any bid or advance in the bidding, d) exclude any bidder and e) otherwise regulate the bidders, the bidding and its increments.

4. Sales Results

Results will be available online immediately after each sale at www.bidsquare.com.  

5. Buyer’s Premium, Purchase Price, Taxes, and Billing

A buyer’s premium in the amount of 28% of the successful high bid will be levied.   If paying by Visa, MasterCard, Discover or PayPal:  A 2% convenience fee will be added to the total invoice (hammer price, buyer's premium as above, any applicable taxes).

Taxes: If you are shipping to a New Jersey address or if you pick up the lots you have won at our shipper’s 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.

6. Methods of Payment and Fees

Visa. MasterCard. Discover. PayPal. Check. Wire Transfer.

7. 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:  The auction house has contracted with the Flemington UPS Store, a third party shipper (Shipper), for the collection of all purchased lots. All purchased lots will be released to the Shipper directly following the close of the auction.

The Shipper will email a shipping quote for your approval.  The quote will include payment instructions. The email will be sent from: store1752@theupsstore.com

The Shipper will pack and ship or arrange shipment for you via UPS, FedEx or other carrier, fully insured, for a fee payable in advance by American Express, MasterCard, Visa, Discover or PayPal. Payment for shipping is made directly to the Shipper. All international customs, duties, and other tariffs are the responsibility of the Buyer. The Shipper will declare the selling price as the value in all cases.

Pick-up: If you prefer to pick up your property from the Shipper, you may do so by contacting the Shipper and arranging a pick-up date and time. As a service, buyers may also arrange pick up at the auction house by emailing Karen Davies, Manager of Client Services, at karen@ragoarts.com. This must be done the day invoices are mailed to you/prior to the release of all property to the Shipper.

The Auction House is not responsible for any damage or loss to your purchased Property once it has left the Auction House in the hands of the Shipper.  If you do not pay for your property within thirty (30) days of the sale, the property will be returned to the auction house and the accounts receivable department will be in contact.  

NOTE: New Jersey sales tax of 7% must be added to your invoice when picking up merchandise or shipping in state unless you have a valid resale number on file with the Auction House. If you do not have a resale number the Auction House and Shipper are required to charge you an additional 7% NJ sales tax if you pick up your purchase in New Jersey.

Shipper contact information

The UPS Store #1752

203 Main Street

Flemington, NJ 08822

908.806.4842 (phone)

908.806.4843 (fax)

www.theupsstore.com/1752.htm

8. 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.

9. 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.

Billing: All successful bids will be invoiced. All buyers will be sent invoices by e-mail and a shipping form within the two business days that follow the auction.

10. Qualifying to Bid  

To qualify to bid, bidders will need to establish an account and register for the auction on Bidsquare.com. A valid credit card number is a required.

11. Placing bids  

If you place the high bid on Bidsquare and are then outbid by another bidder, Bidsquare will notify you via an email to the email address you designate in your account. This gives you the opportunity to bid again and top the current high bid should you so choose.  

If you are the only bidder on a lot at the designated closing time, that lot is automatically awarded to you.

Any lot without an opening bid at the designated closing will remain open to all bidders for 30 minutes after the designated closing time or until it receives a successful bid, whichever comes first.

Extended bidding & the 10 Minute Rule: Any bidder may bid on any lot prior to the designated close. At that time, extended bidding goes into effect. During the extended bidding period, a lot will remain open until 10 minutes pass without a bid being placed. The 10 minutes timer will reset each time a bid is placed during extended bidding. If you are the high bidder, raising your maximum bid will NOT reset the timer.  

Extended bidding & the 30 Minute Rule: Any bidder may bid on any lot prior to the designated close. At that time, extended bidding goes into effect. If you have not bid on a lot before the designated closing time, you may not bid on that lot after. During the extended bidding period, a lot will remain open to those who bid on that lot prior to the designated closing time until 30 minutes pass without a bid being placed. The 30 minute timer will reset each time a bid is placed during extended bidding. If you are the high bidder, raising your maximum bid will NOT reset the timer.   

The Auction House reserves the right to close the auction at any time at its sole discretion.

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

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 bidsquare.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. 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 9. 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.

 26. Miscellaneous

The Auction House retains all rights to photographs and other intellectual property contained in this catalogue.

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.