Texas & Western Art

REVIEW THE FOLLOWING TERMS BEFORE BIDDING: The following as amended by any posted notices or oral announcements during the sale, constitutes the entire terms and conditions on which property listed in the catalog shall be offered for sale or sold by J. Garrett Auctioneers, and any consignor of such property for whom J. Garrett Auctioneers has acted as agent. By registering to bid in this auction, whether in person or by agent, absentee bid, internet or other means, the purchaser or bidder agrees to be bound by these Terms and Conditions of Sale: You, the registered bidder who agreed to all terms in order to participate in this auction, are responsible for determining physical condition, authenticity, age, materials, and any other feature of items being sold, as all items are sold AS IS, WHERE IS with all faults. You confirmed you understand there are no returns or refunds for any reason including, but not limited to, condition, inherent defects, restoration, alteration, adaptation, omission of descriptors, terminology discrepancies, differences in computer monitor calibrations as it pertains to color/finish of items, inability to view flaws in photos, or typographical or technological errors of any kind. Condition description (or lack of) does not imply items are free from wear, imperfections, or effects of aging. Every item to be sold at auction is in used condition of varying degrees. Dimensions, weights, and opinions are given as a courtesy and are approximated. ORGANIC MATERIAL: Lots including endangered and other protected species of wildlife including, but not limited to, ivory, tortoiseshell, crocodile skin, rhinoceros horn, whalebone, certain species of coral, and Brazilian rosewood may be subject to export controls in the US and import controls in other countries. It is solely your responsibility to check the relevant wildlife laws and regulations before bidding. Your purchase of a lot containing any amount of endangered and other protected species of wildlife is at your own risk, and you will be responsible for any test or report required to ship. We will not cancel or refund your purchase due to testing, seizure, or any other reason. We will not be responsible for fees or inconveniences associated therein, regardless of condition, description, errors, or omissions. See Shipping terms outlined herein. JEWELRY: Strung jewelry is usually antique or vintage and may need restringing. Some colored gemstones may have been treated to improve their appearance through methods such as heating and/or various clarity enhancements. These methods are considered common by the international jewelry trade but may require special care of the stone over time. We do not obtain a gemological report for every gemstone sold in our auctions. When we do receive gemological reports, they are described or photographed in the catalogue. Gemstones are not removed from mounts or settings unless stated in reports. Assume all jewelry information is approximate or send a third-party to inspect and verify when a report is unavailable. Estate jewelry may need cleaning. NOTE: ALL JEWELRY MUST BE PAID FOR BY WIRE TRANSFER OR IN-PERSON CASHIERS CHECK ONLY. WATCHES AND CLOCKS: Almost all clocks and watches are repaired in their lifetime and may include parts that are not original. We do not warranty any individual component as authentic. Watchbands may not part of the original watch and may not be authentic. Clocks may be sold without pendulums, weights, or keys. We do not give warranty that any watch or clock is in good working order. Certificates are not available unless described in the catalogue. Wristwatches may have been opened to find out the type and quality of movement. Water-resistant cases may not be waterproof. ART AND OTHER ITEMS: J. Garrett Auctioneers is familiar with repair and certain types of restoration; however, we are not restorers or conservators. If information beyond the scope of our provided condition or your requested condition report is needed, we suggest you contact a reputable appraiser, restorer, or conservator prior to bidding. Antique and vintage gilding and craquelure to canvas will require careful handling by your shipper. OTHER: Assume electrified items and lighting have been repaired at some point, missing parts, or need to be serviced. Wiring is not guaranteed, ever. Textiles, upholstery, and rugs may need cleaning. Writing instruments may not contain ink or write. Assume finish terms such as silver, bronze, gold, copper, etc., relate to finish and not actual material unless stated or specified in grams or with a troy ounce or karat weight. All weights are approximate and provided as a courtesy. We are not obligated to accept any item on consignment to resell in a future auction. It is recommended you view items in person or contact a specialist prior to bidding if any hesitation as to condition, age, color, odor, tarnish, dust, stains, size, origin, or nature of any item. By bidding, you signify that you have either closely examined the items, have chosen not to examine them, or have hired an independent agent to examine the items for you. Condition and descriptions in each auction lot entry are based on opinion and are provided for guidance only, without legal obligation. Photos are provided as an additional proof source of condition. Please view ALL detail pictures prior to requesting additional condition reports. Images also constitute online condition report. Please use the messaging feature with additional requests. Items sold AS IS, WHERE IS. NOTE: Condition reports, photos and video or digital images are provided as a courtesy and should not be used as a substitute for inspecting the items in person. All items are sold as is in accordance with the Conditions of Sale. If a paper catalog is printed prior to auction, all descriptions and photos posted online supersede any printed catalog information, including dimensions, piece count, areas of repair or damage shown in photos. We reserve the right to update lot information at any point prior to the fall of the hammer in the description or by live, online announcement via the sales platform. Buyer should solely rely on updated information posted online the day of auction. Use caution when entering an auction! Please understand you have a responsibility to pay and remove items in a timely manner. If you are unable to do so, we recommend you enlist the help of an agent to handle on your behalf. Your bid is your commitment to the full terms listed herein. Any departure from these terms could result in a permanent dispute on your record and removal from bidding platforms. BIDDING/WINNING: The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubt by J. Garrett Auctioneers in part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, the sale record of J. Garrett Auctioneers is conclusive. Internet bids come in simultaneously across multiple platforms within fractions of a second, and often the hammer falls before a bid can be acknowledged. Do not hesitate when bidding. The purchaser assumes full responsibility for items at the fall of the hammer or as acknowledged as sold by the auctioneer as inferred verbally, with online notification, or otherwise. As a convenience to customers, absentee bids will be executed by auction personnel in a competitive and confidential manner. Arrangements must be made 24 hours prior to start of the auction. Please note bids for items with a low estimate of $1,000 or less will not be accepted for absentee bidding. ALL BID FORMS MUST INCLUDE CONTACT INFORMATION OF 3 AUCTION HOUSES TO VERIFY BIDDING AND PAYMENT HISTORY. WE WILL NOT EXECUTE ANY BIDS WITHOUT THESE REFERRALS. The buyers premium is the same regardless of method of bidding. J. Garrett Auctioneers will not be responsible for failure to execute absentee bids. J. Garrett Auctioneers also reserves the right to refuse bids if qualifications, including credit card deposits, or banking information is not provided. J. Garrett Auctioneers reserves the right to refuse an absentee bid for any reason. ESTIMATES: A range of estimates is given on each lot with a low and a high estimate. Estimates should not be relied on as a prediction of the actual selling price. RESERVES: Some lots may be offered with a reserve which is the minimum price below which the lot will not be sold. J. Garrett Auctioneers may act to protect the reserve by bidding through the auctioneer. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the consignor. The auctioneer may continue to bid on behalf of the consignor up to the amount of the reserve, either by placing bids in response to other bidders or by placing consecutive bids. These terms and conditions of sale, as well as the respective rights and obligations of J. Garrett Auctioneers and any purchasers or bidder at any sale of J. Garrett Auctioneers, shall be governed by and construed and enforced in accordance with the laws of the State of Texas. The winning bidder is solely responsible for complying with shipping policies listed above; J. Garrett Auctioneers does not ship and is not liable for any shipper selected by buyer. See shipping section above. NEW BIDDERS: In order to protect our consignors, we have become increasingly stringent regarding our bidder approval process. Your registration does not guarantee your bids will be accepted. We may request additional information or references, or may implement limits on your bidding. If you have a history of default, open disputes on ANY platform, a reputation as a non-payor, alias accounts, open judgments, liens, or warrants, you may be prevented from registering or bidding. We are unable to accept late registrations. We are not obligated to notify you if your registration has been declined. Please review shipping policy in full prior to bidding. TERMINOLOGY: Commonly used across the auction and antiques industry as follows: (a) Cast from means, in our opinion, a work from the artist's model, originating in his circle and cast during his lifetime or shortly thereafter. (b) Attributed to means, in our opinion, a work probably by the artist. (c) In the style of means, in our opinion, a work of the period of the artist and closely related to his style. (d) In the manner of means, in our opinion, a later imitation of the period, of the style, or of the artist's work. (e) After means, in our opinion, a copy or after-cast of a work of the artist. (f) Style implies the piece is in the style of a certain period or aesthetic. Please familiarize yourself with auction terminology and processes before bidding. It is the responsibility of every new bidder to ensure full understanding of the firm terms listed herein. BUYERS PREMIUM: There will be a buyers premium of 28% for all bidders (internet bidders and absentee bidders) added to the hammer price of each lot. LIABILITY: If we are prevented by fire, theft, pandemic, act of God, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property and filed with insurance. Technology: In the unlikely event internet connection is lost, even briefly, J. Garrett Auctioneers reserves the right in its sole and absolute discretion to pause the auction as needed or cancel/reschedule to another online session or in-person auction. OTHER: Auction buying is wholesale and not the same as retail store or retail internet buying. There are no returns based on condition. Our auction items are mostly vintage, usually from estates, and are not in perfect condition. The items are sold as is, and we are acting as agents, not as principals. Accordingly, prospective buyers are entirely responsible for determining the physical condition of lots prior to and as a condition to bidding. Bidders are obligated to determine their level of interest in and value of the items based solely on their own review. To assist prospective bidders in this endeavor, we offer in person open-house preview days prior to the auction. We strive to be fair and forthright with our descriptions and condition reports, however bidders must acknowledge that antique items often show normal signs of use and wear. The absence of condition statements in a catalog entry does not mean that the item is in perfect condition or is without defects. Please understand that our duty is to present the items fairly for bidder consideration and that the bidder's duty is to make independent investigation of the condition of items before bidding. J. Garrett Auctioneers reserves the right to withdraw any lot at any time before the auction without liability or notice. The auctioneer reserves the right to reject any bid not commensurate with the value of the property offered, or control the asking amount forward or backward. WE DO NOT GIVE ANY REPRESENTATION, WARRANTY, OR GUARANTEE OR ASSUME ANY LIABILITY OF ANY KIND IN RESPECT OF ANY LOT WITH REGARD TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION, SIZE, QUALITY, CONDITION, ATTRIBUTION, AUTHENTICITY, RARITY, IMPORTANCE, MEDIUM, PROVENANCE, EXHIBITION HISTORY, LITERATURE, OR HISTORICAL RELEVANCE. EXCEPT AS REQUIRED BY LOCAL LAW, ANY WARRANTY OF ANY KIND IS EXCLUDED BY THIS PARAGRAPH. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to it by law, including without limitation the right to hold the purchaser liable for the total purchase price, J. Garrett Auctioneers at its option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property at public auction without reserve or minimum selling price, and the purchaser will be liable for any deficiency and costs, including handling charges, expenses of both sales, the commission on both sales at regular rates, all other charges due hereunder and incidental damages. The auctioneer is licensed and regulated by the Department of Licensing and Regulation. Licensure with the Department does not imply approval or endorsement by the State of Texas. If you have an unresolved complaint, it should be directed to: Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 512-463-6599. Jeff Garrett, St. Lic. # 6794; Justin Garrett, St. Lic. # 16236; Kate Phillips Burgess, St. Lic. #17297. Copyright 2021, J. Garrett Auctioneers, LTD.; all rights reserved. J. GARRETT DOES NOT OFFER REFUNDS. ALL SALES ARE FINAL. BY REGISTERING TO BID, YOU AGREE TO ALL TERMS AND POLICIES HEREIN.

If you have not contacted J. Garrett Auctioneers to arrange payment within 3 days of the time that invoice is sent, we will charge the credit card you used to register for the auction for the amount of your invoice.

Online purchases from J. Garrett Auctioneers may be subject to sales tax. Please see the following for more details. If you are tax-exempt, you can submit your tax-exempt certificate to prevent the collection of tax. Learn more about tax-exemption.