100 Estates Auction: Doris Duke Thai Pavilion

The property listed below will be offered by Millea Bros. Ltd. (Millea Bros.) as owner or as agent for their consignor(s) (Doris Duke Foundation) subject to the following terms and conditions. Any of the following conditions of sale may be amended, waived, or modified in the sole discretion of Millea Bros. Ltd. or the consignor. The specific conditions listed below apply only to Lots 1 and 2 in the 100 Estates Sale to be held on May 21, 2010 at 10:00 AM. By placing a bid, whether present in the saleroom or by any other means, the buyer (bidder, purchaser) agrees to be bound by the following conditions of sale: 1. All property is sold in “as is” condition and all sales are final. Neither Millea Bros. nor their consignor(s) makes any representations or warranties, express or implied, with respect to the property, the correctness of the catalogue or video, or any other description of the authenticity of authorship, physical condition, size, age, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property or otherwise. 2. The highest bidder acknowledged by the auctioneer shall be the buyer. The auctioneer reserves the right to reject any bid and shall advance the bid at his/her sole discretion. 3. Some lots offered for sale may be subject to a reserve, which is a confidential minimum price below which a lot will not be sold. The consignor is prohibited from bidding on their own property; however, the auctioneer may implement reserves by bidding on behalf of the consignor. 4. Title of each lot passes upon the fall of the auctioneer’s hammer to the highest acknowledged bidder. Thereafter, any loss by fire, theft, breakage, or any other cause is the sole responsibility of the purchaser. Merchandise must be packed and transported by the purchaser at his/her own risk and expense from Duke Farms, 80 Route 206 South, Hillsborough, New Jersey 08844 by December 31, 2010, as explained in more detail in paragraph 7. Under no circumstances will Millea Bros.’ liabilities to a purchaser exceed the purchase price actually paid. 5. The purchase price of each lot shall be the amount of the successful bid plus a twenty percent (20%) buyer’s premium on the first $500,000 and fifteen percent (15%) buyer’s premium on the portion exceeding $500,000. Unless exempt by law, all purchases, including buyer’s premium, are subject to all state and local taxes applicable at the time of payment. Please note: Consignor will not treat the purchase price as a charitable donation. 6. Property purchased during the auction may not be removed until the full purchase price, including buyer’s premium and all applicable taxes, have been paid. Payments will be accepted by cash, Visa, MasterCard, traveler’s check, or personal check. Credit card payments will only be accepted under the following conditions: 1) the cardholder is present; 2) the credit card is swiped; and, 3) an original signed receipt can be obtained at the time of the transaction. Millea Bros. reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Millea Bros. a handling charge of $35 for any check returned for insufficient funds. There is a $25,000 limit on purchases made by credit card. A service charge of 1.5% will be added each month to unpaid balances beginning 30 days after the sale date. 7. The property must be dismantled (if necessary), packaged, transported, and removed from its current location at Duke Farms, 80 Route 206 South, Hillsborough, New Jersey 08844 by the purchaser at his/her risk and expense before December 31, 2010. As a courtesy, the purchaser will be provided with moving estimates for the property that were prepared in April 2010. The purchaser is not bound to use one of those movers. Upon advance notice from the purchaser, consignor will provide supervised access to the property for the purchaser or craftsmen, movers, or any other person assisting purchaser in removal of the property. Advance notice and approval must be obtained from consignor by purchaser prior to any deinstallation of window frames (if needed for removal of the property). If window frames are deinstalled, purchaser must have the frames reinstalled at the purchaser’s expense immediately after removal of property and to the satisfaction of consignor. If purchased property is not removed from the premises by December 31, 2010, title of the property immediately reverts back to the consignor and the buyer forfeits all moneys paid to Millea Bros. 8. Purchaser will be responsible for securing, carrying, and maintaining, at its own expense, any liability insurance coverage for the purchased property. In addition, purchaser will guarantee that anyone performing services on purchaser’s behalf for removal of the property from Duke Farms has any forms of insurance required by law or customarily carried by entities engaged in the same activities/business which includes general or public liability insurance coverage, subcontractor’s liability, property damage, workman’s compensation, social security, unemployment insurance and any other forms of insurance. 9. Consignor explicitly reserves all trademark and trade name rights and rights of privacy and publicity in the name and image of Doris Duke. No buyer of any property in this sale will acquire any right to use the Doris Duke name or image. 10. Purchaser will secure and maintain general liability insurance coverage in the amount of $1 million dollars ($1,000,000); $1 million ($1,000,000) in auto coverage; statutory limits in worker’s compensation; and $4 million ($4,000,000) in umbrella coverage, for a total of $5 million in coverage; naming the Foundation and its related entities as additional insureds under such policy and shall provide the Foundation with the appropriate insurance certificates. 11. Purchaser does hereby agree to indemnify and hold harmless the Foundation and its trustees, directors, officers, employees and agents, from and against any and all claims, liens, demands or damages arising from, or which may arise as a result of any negligent act or omission to act or material willful misrepresentation by purchaser. 12. Release. a. Purchaser hereby releases and forever discharges the Foundation and its or their past, present and future representatives, affiliates, officers, trustees, successors, employees, contractors and assigns from any and all claims, demands, proceedings, causes of action, orders, obligations, contracts, agreements, debts and liabilities whatsoever, whether known or unknown, suspected or unsuspected, both at law and in equity, which purchaser now has, have ever had or may hereafter have against Foundation arising contemporaneously with or after the date hereof or on account of or arising out of any matter, cause or event occurring contemporaneously with or after the date hereof. Purchaser hereby irrevocably covenants to refrain from, directly or indirectly, asserting any claim or demand, or commencing, instituting or causing to be commenced, any proceeding of any kind against consignor or Doris Duke Charitable Foundation, based upon any matter purported to be released hereby. b. Purchaser is responsible for providing Foundation with an individual signed Liability Release form for each individual that will be physically present at Duke Farms to perform services for the purchaser. Property Lot 1: Doris Duke's full scale replica of the Aphorn Phimok Pavilion Commissioned by Doris Duke in 1964 and built by Thai artisans, carved, gilded, inlaid and red lacquered teak, one of only five known examples in the world, approx. 75'h x 46'l x 18'w (erected) - Condition report: overall fair, completeness not guaranteed, inlay loss and water damage - Provenance: Doris Duke's Southeast Asian Art Collection - Buyer's note: This lot will not be available for preview at the Morristown Armory. Removal of this lot from its' current location at Duke Farms will be the sole responsibility of the purchaser at his/her own risk and expense. This lot is currently stored in the indoor tennis court at Duke Farms and may require a rigging team and possible deinstallation of window frames for removal. Lot 2: Group disassembled antique Thai houses from Doris Duke's Thai Village Project Probably early 20th century, purchased by Doris Duke in 1962, incl. approx. (135) paneled teak walls, approx. (16) gable end walls and a group of shutter-like elements, many wall panels measure up to 10' x 12' (or more) - Condition report: overall fair/poor, structures are fragmentary and most likely incomplete, alterations, cracks, distress and weathering - Provenance: Doris Duke's Southeast Asian Art Collection - Buyer's note: This lot will not be available for preview at the Morristown Armory. Removal of this lot from its' current location at Duke Farms will be the sole responsibility of the purchaser at his/her own risk and expense. This lot is currently stored in the indoor tennis court at Duke Farms and the stables at the Coach Barn and may require a rigging team and possible deinstallation of window frames for removal.

Please keep in mind that the items offered for sale are part of a live public auction being held at the Morristown Armory, 430 Western Avenue, Morristown, NJ. Lots are sold in numerical order according to the auction catalogue at a rate of approximately 70 lots per hour. Absentee bids left with LiveAuctioneers are not the same as bids left directly with the auction house. Therefore, tie bids may occur between LiveAuctioneer absentee bidders and other gallery bidders. In the event of a tie bid the auctioneer has sole discretion to award the lot to the high bidder of his choosing. The live auction being broadcast online through LiveAuctioneers cannot duplicate exactly the live bidding and events taking place in the auction room, increments may often vary. Millea Bros. offers online bidding as a convenience for clients and is not responsible for any inadvertent failure to execute bids, or for any error in the execution of bids.

All purchases are subject to a New Jersey State sales tax of 7% on the total purchase price, final bid plus the Buyer's Premium, as defined in paragraph 8 of the Conditions of Sale, unless the purchaser provides proof of exemption. Buyers claiming exemption from sales tax must submit appropriate documentation to Millea Bros. Ltd. including a properly completed New Jersey State Resale Certificate (ST-3 Form) or equivalent out-of-state resale authorization with business card or letterhead.

htmlbIT IS EXTREMELY IMPORTANT THAT INTERESTED BIDDERS OBTAIN THEIR OWN SHIPPING QUOTE BEFORE BIDDING.b Should you need a recommendation for a local shipper or details regarding the Thai Pavilion or the Thai Houses please contact Millea Bros. at 973.605.1265.htmlhtml

Requests for additional object images will be answered as the information becomes available and in the order that they are received. Emailed image requests will not be responded to directly by return email. Any additional photos obtained will be added to the lot description when appropriate.

ALL ITEMS IN THE CATALOGUE ARE SOLD AS IS. Requests for additional condition details will be answered as the information becomes available and in the order that they are received. Emailed condition inquiries will not be responded to directly by return email. Any additional condition information obtained will be added to the lot description when appropriate. If you prefer speaking to a live person, condition reports may also be obtained by telephone at 973-605-1265. The absence of a condition statement does not imply that the lot is free from wear and tear, imperfections, or the effects of aging. All condition statements are opinion. Millea Bros. Ltd. will have no responsibility for any error or omission with regard to lot condition.

htmlbA REFUNDABLE DEPOSIT OF 1,000 IS REQUIRED TO BID ON LOT 1 - The Doris Duke Thai Pavilion and LOT 2 - The group of Doris Duke Thai Houses.b This can be arranged by calling 973.605.1265. Approval for bidding is at the discretion of the auction house. Millea Bros. may require bidders to provide additional information or complete an account approval form. Failure to complete this form will result in a declined registration. Prospective bidders will need to register in advance of the sale date. Please be sure to include your complete billing information and agree to share this information with LiveAuctioneers. Please note registrations WILL NOT be approved during the course of the sale.html

The Doris Duke Thai Pavilion and Thai Village will not be available for public preview at the auction site. Previews for these lots can be arranged by appointment only. For more information please call 973.605.1265.