Dorothy Miller, Museum of Modern Art, etc

TERMS 1. General Black River Auction (Hereafter referred to as the Auction House "we" "us" or "our") By bidding at auction you agree to be bound by these Terms of Sale as amended and supplemented, whether you bid in the room, through a representative, by phone, by internet, or absentee bid. If you have any questions after having read the Terms of Sale Each item of property (a "Lot" or "Lots") in this catalogue is offered for sale subject to these Terms of Sale, 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, in writing or orally, by any employee of the Auction House is intended to be binding, and such other communications are made for informational purposes only. 2. Catalogue Descriptions and Consignor Warranties ALL LOTS DESCRIBED IN THIS CATALOGUE ARE SOLD ?AS IS" EXCEPT AS EXPRESSLY STATED OTHERWISE. Our catalogue descriptions for Lots are expressions of our opinion only. All measurements listed in the catalogue are approximate. We recommend that you inspect the condition of a Lot prior to bidding at auction to ensure your satisfaction with condition. 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. Catalog illustrations may not be to scale or reflect the depicted Lot's actual size. For each Lot, the consignor has represented and warranted to us that the consignor is the owner of such Lot or is acting as authorized agent of the owner of the Lot and has the right to transfer title to the Lot free of all liens, claims, and encumbrances. Neither the consignor nor we make any warranty or representation, express or implied, as to whether you will acquire any reproduction rights, copyrights or other intellectual property rights in, or with respect to any Lot. The Auction House retains all rights to photographs and other intellectual property contained in this catalogue. 3. Withdrawal The Auction House reserves the right to withdraw a Lot from auction for any reason and with no liability whatsoever for such withdrawal. 4. Condition Reports and Pre-Auction Viewings 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. Condition reports can be accessed online at Blackriverauction.com If you would like additional information, please call us or email. Our specialists will respond to requests as quickly as possible. If you need a condition report, please request and review them prior to reserving phone lines. 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. 5. Estimates The estimates provided in this catalogue are neither a representation nor a prediction of the hammer price that will be realized at auction, price realized at a post-auction sale, or price realized upon resale, which may be substantially different from our estimates in this catalogue. We shall not be liable for any discrepancies between our estimates and a price realized. 6. Qualifying to Bid As a security measure for our consignors and us, 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 bidders 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 date of the auction. If you are bidding as agent, we reserve the right to request a letter of authorization from your principal. 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. Bidding Numbers: All bidders must register and receive a bidding number from the Auction House prior to bidding at auction. 7. Absentee Bids Absentee bids submitted by fax, mail or online must be received by us no later than two hours prior to the start of an auction's published start time. We accept absentee bids by phone from qualified bidders even during the auction up to 30 minutes before a Lot goes on the block. Absentee bidders are emailed their bid confirmations. If you do not receive a bid confirmation by 5 pm on the day prior to the auction, please call us. When you do receive a bid confirmation, please double check it for accuracy. All absentee bidding is handled as though you are in attendance. We bid on all designated Lots for you one bidding increment above where the competition stops up to your bid amount. Please check and comply with increments. In case of failure to comply, we will reduce each off-Increment bid to the increment below it. Generally, the auctioneer will follow the bidding increments listed below; however, the auctioneer may change bidding increments during the auction for a particular Lot at the auctioneer's sole discretion. ?Plus? bids: Several people may leave identical bid amounts. Therefore on your bid sheet you have the opportunity in addition to listing your bid amount, to also list a "Plus" bid. An earlier bid received by the Auction House wins in the event of a tie, but if a later bid has an added ?plus? bid to a higher increment and the earlier bid does not have a "Plus" bid that matches or exceeds the "Plus" bid, the later bid would win the Lot. 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 bid. If you place absentee bids with the Auction House and then choose to attend the auction in person, bid by phone or by 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 purchase of any Lot for which you have placed a successful bid. 8. Telephone Bids and Contingency Bids We guarantee you a line and a phone agent for bidding provided we receive your request by fax, mail, phone, or online by 4:00 p.m. on the day prior to the auction. After that time, we will gladly accept your absentee bids as outlined in Paragraph 7 above. Changes to bid lists left with us prior to the deadline will be accommodated as best we can, as will follow-up phone bids for those who attend, but must leave the auction and other exceptional cases. Telephone bidders are emailed bid confirmations. If you do not receive a bid confirmation by 5:00 pm on the day prior to the auction, please call us. When you do receive a bid confirmation, please double check it 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 fill out a contingency bid on the bidding form that you submit to us. Contingency bids are only available to you if you have made a telephone bid and have notified us, no later than 30 minutes prior to the auction's published start time, that due to unforeseen events, you may not be on the telephone at the time of the sale and therefore wish to leave a bid directly with the phone agent to make on your behalf. 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. 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 request to reserve a phone agent for bidding, you must be willing to open bidding and bid to the low estimate should the bidding go that far. 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 bid. 9. Internet Bids The Auction House has engaged the services of third party online bidding platforms, the majority of which levy a fee for their services. Please proceed to these sites for all necessary information on fees and how to bid and buy online using these platforms. 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, THESE SITES. 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 purchase of any Lot for which you have placed a successful absentee bid. Absentee bids left with third party online bidding platforms are released to the Auction House when a Lot comes up for sale. Such absentee bids are considered received by us at the time they are released to us by the online bidding platforms. 10. 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 a Lot. The Auction House prohibits consignors from bidding on their own Lots, but the Auction House may implement the reserve by bidding on behalf of the consignor at the auction up to the reserve. The Auction House will indicate in the catalogue or by saleroom announcement or notice when parties with an interest In a Lot, for example a beneficiary of an estate, may be bidding on such Lot. 11. Telephone Bids 12. 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 auction and/or auction premises; and e) otherwise regulate the bidders, the bidding and the bidding increments. 13. Successful Auction Bids Upon the fall of the auctioneer?s hammer an agreement for the sale of the Lot is created between the successful bidder and the consignor. 14. Auction Results Preliminary auction results will be available online shortly after each auction at www.ragoarts.com. Final auction results will be available as soon as the Auction House has audited and verified all sales/bids, usually within one day of an auction. 15. Invoicing, Buyer?s Premium and Sales Tax All successful bidders will be sent invoices by e-mail or mail (if we do not have an email address on file) within two business days following an auction. We charge a buyer?s premium on each Lot sold in amount equal to: 28% of the hammer price Successful Bidders who bid through third party online bidding platforms, such as LiveAuctioneers, pay the Buyer's Premium and a surcharge that offsets the fee levied by the third party online bidding platform on the Auction House. Successful Bidders who bid through LiveAuctioneers, pay a buyer's premium of 28%. For more details on this surcharge, see the Terms of Sale posted with each of our auctions on your online bidding platform of choice or call The Auction House will collect New Jersey sales tax on all Lots picked up from the Auction House's New Jersey premises or shipped to a New Jersey address. 16. Payment of the Purchase Price and Transfer of Title The hammer price, the Buyer's Premium, any applicable surcharges or fees and taxes shall be added together to comprise the total purchase price for each Lot (the "Purchase Price"). Payment of the Purchase Price in full is due immediately upon your receipt of our invoice. If payment is not received in full within fifteen (15) days, the Auction House reserves the right to impose interest at a rate of 1.5% per month prorated from the date of auction. Upon our receipt of payment in full in good and clear funds from you, title to a Lot transfers to you. If you make payment by check, title shall not transfer to you until the check has cleared. 17. Methods of Payment and Credit Card Processing Fee Cash. Check. Wire Transfers. Money Order Buyers can pay with their credit card 18. Authenticity Guarantee The consignor is providing an authenticity guarantee for certain Lots, to the extent indicated in the catalogue (as explained below), for a period of 30 days from the date of auction (the "Authenticity Guarantee"). We are not personally liable for the Authenticity Guarantee. For purposes of the Authenticity Guarantee, authenticity is defined as a true work that is not a fake. Your sole remedy under the Authenticity Guarantee, to the exclusion of any other remedy available to you under the law, shall be the return of any portion of the Purchase Price paid by you to us. Refunds provided under the Authenticity Guarantee shall not include packing, shipping or insurance expenses incurred by you. For the avoidance of doubt, the Authenticity Guarantee is available only to you and may not be transferred to your heirs, agents, transferees, assigns or subsequent buyers. To make a claim under the Authenticity Guarantee, you must submit, at your expense, an opinion in writing from a recognized expert, pre-approved by the Auction House, regarding the authenticity of the Lot at issue. If the Lot is judged inauthentic by the expert, prior to receiving a refund of any amount of the Purchase Price paid by you to us, the Lot must be returned to us in the same condition as at time of auction. If you have satisfied the requirements of this Section 18 and we have not yet paid the consignor, we will refund your payment of the Purchase Price or any portion thereof to you. If you have satisfied the requirements of this Section 18 and we have paid the consignor, we will: (i) refund to you the Buyer's Premium (as defined below) and any taxes paid; and (ii) make written demand upon the consignor for the payment of the balance of the Purchase Price you paid. If the consignor fails to refund the balance of the Purchase Price, the Auction House will furnish you with the name and address of the consignor and assign all of the Auction House?s rights against the consignor to you. You hereby agree that upon this assignment of the Auction House's rights, the Auction House will have no further liability to you or responsibility to pursue your claim against the consignor. The Authenticity Guarantee excludes the following: Any lot description that states there is a conflict of specialist opinion; Any typographical errors in our Lot descriptions or catalogue; Wear on furniture; Flakes, surface scratches, or manufacturing flaws in glass or ceramic Lots; The description of clocks and lighting devices, whether in the catalogue or a condition report, as such descriptions 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. 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; The description of jewelry, whether in the catalogue or a condition report, is rendered as opinion and not a representation of fact, 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; 19. Transfer of Risk of Loss Risk of loss shall transfer to you upon your pick-up of a Lot or the 14th day after the auction, whichever is earlier. We are not responsible for any damage or loss that occurs to the Lot past such dates. 20. Pick-Up, Shipping and Storage Fees All Lots must be removed from the premises of the Auction House no later than fourteen (14) days after an auction. If Lots are not removed within thirty (30) days after an auction, you will thereafter be assessed a $10.00 per Lot storage charge per day and we may, in our sole discretion, remove any Lot to public storage at your risk and expense. All associated charges with such public storage will be charged to you and must be paid prior to our release of a Lot to you. Uncollected Lots left at the Auction House for ninety (90) days following an auction will be sold or donated. If you choose to pick up a Lot from the Auction House following an auction you 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 1:00 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. If you choose to ship a Lot from the Auction House you are solely responsible for the shipment. 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 you, we will, if requested, release a Lot 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. For the avoidance of doubt, we will not be responsible for any damage or loss that occurs to a Lot once we release it to a third party shipper. All international customs, duties, and other tariffs are your responsibility. The Auction House and all third party shippers will declare the hammer price plus the Buyer's Premium as the value of a Lot in all cases. Oversized Lots 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 oversized, large, heavy, or expensive objects is not an inexpensive proposition and we urge you to consider this before bidding. 21. Export and Import 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. 22. Endangered Species You are responsible for checking any applicable laws and regulations regarding the importation of Lots containing materials made from endangered species. An export or import license may be required for the export or import of such Lots and it is your sole responsibility to familiarize yourself with International, U.S. Federal and State laws or requirements regarding the necessary export, import, endangered species or other permit required prior to bidding at auction. We will not rescind the sale of a Lot that is transferred to you and later seized by government authorities due to the presence of endangered species material. 23. Firearms The Auction House does not sell any type of firearms. 24. 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. 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. 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. You are advised to verify weight estimates prior to bidding at auction. 25. 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 Lots may have a material effect on value. Therefore all coins and currency are sold "as 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 any Lot, 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 any Lot 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 and purchaser hereby agrees that it shall have no remedy against the Auction House. Please note that 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. 26. Failure to Make Payment If you fail to make payment, we shall charge you interest at the rate of 18% per annum from the date of the auction. In addition to other remedies available to the Auction House by law, the Auction House may, at its option: i. Cancel the sale of any Lot for which payment by you has not been made or for any Lot for which you have made payment and retain all payments made by you for such Lots as liquidated damages; ii. Resell any Lot for which payment by you has not been made, whether at public auction or private sale; or iii. Pursue any combination of i) and ii) above. 27. Rescission by the Auction House In the event the Auction House receives notice of an adverse claim with respect to a sold Lot, the Auction House shall have the right (but not the obligation), in its sole and absolute discretion, to rescind the sale to you, upon written notice to you. Upon such notice, you will promptly return the purchased Lot to the Auction House?s premises in the same condition as when you purchased it. Following our receipt of the Lot, we will then promptly refund you the full Purchase Price, including the Buyer?s Premium and applicable taxes paid. You 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 you. 28. Governing Law and Forum for Disputes The laws of New Jersey shall govern the Terms of Sale and all of our auctions. Any disputes that may arise in connection with any auction or sale shall be governed by and construed in accordance with New Jersey law. You agree to submit to the jurisdiction of the courts of the State of New Jersey with respect to any dispute arising in connection with any auction and/or any sales. You agree that the Federal and State courts sitting in New Jersey shall have exclusive jurisdiction over any claims asserted by you against the Auction House in connection with any auction and/or any sales. You further agree that the Auction House may, in its sole discretion, assert any claims it has against you in connection with any auction and/or any sales in any Federal or State courts sitting in New Jersey or in any other jurisdiction where you or assets owned by you may be found. In the event that the Auction House brings an action to enforce the Terms of Sale and/or to collect any sum due and owing to it, the Auction House shall be entitled to collect (in addition to any other amounts it Is owed) its reasonable attorney?s fees, collection agency fees, and cost of suit from you. 29. Limitations of Liability The Auction House is not liable for any breach or default by the consignor of a Lot. 30. Severability and Waiver If any provision of these Terms of Sale shall be deemed unlawful, void, or unenforceable under applicable law, that provision 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. 31. No Assignment Unless the Auction House consents in writing, you may not assign your rights or any of your obligations hereunder. 32. No Modifications These Terms of Sale may not be changed unless the Auction House and you have agreed to do so in a written agreement signed by both parties. 33. Miscellaneous These Terms of Sale shall apply to both auction and private sales. 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.