Americana - Day Two

Conditions of Sale

This is a public sale conducted by a licensed and bonded auctioneer.

All property is sold as is and neither Pook & Pook, Inc. nor the consignor makes any guarantees, warranties or representations, expressed or implied, with respect to the property or the correctness of the catalogue or other description of the authenticity of authorship, physical condition, size, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property or otherwise, except where applicable under the Terms of Guarantee (applies ONLY to Period Furniture, Fine Art and Accessories Auctions, NOT Decorative Arts Sales). No statement anywhere, whether oral or written, shall be deemed such a guarantee, warranty or representation.

All prospective bidders should inspect the property they wish to purchase prior to bidding. If a bidder is unable to view an item in person, they are responsible for obtaining a condition report and/or additional photographs prior to bidding to determine an article's condition, size, and degree of restoration. We endeavor 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, which might not be specified in a condition report.  If you are a very particular client with expectations of perfection for the items you purchase, it is advisable that you inspect items in person or that you do not submit absentee bids as your definition of condition may be more exacting that an appraiser could have time to verify. Pook & Pook, Inc. reserves the right to reject any condition report/additional photograph requests in which, in our opinion, the value of the object is not commensurate with the time necessary to complete the request. Please also note that the warranties given by Pook & Pook, Inc.(applies to Period Furniture, Fine Art and Accessories Sales only), do not extend to the condition reports. Lots, especially those containing semi-precious and precious stones, cannot be returned once they have been removed from the gallery.  Weights and measurements are approximate.  Pook & Pook, Inc does not guarantee clocks, watches, mechanical banks, scientific instruments, electric lamps, and other mechanical or electric items to be in working condition.  Display materials shown in photographs are not included with lot unless stated in the description. Box lots (i.e. books) are only guaranteed to have those items listed in the description and no condition reports or additional photographs will be provided.

Some lots offered may be subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Pook & Pook, Inc. below which the lot will not be sold. A representative of Pook & Pook, Inc. will execute such reserves by bidding for the consignor. Reserves are set at or below the estimated range. Under no circumstances will reserve amounts be disclosed to prospective bidders.

The auctioneer reserves the right to reject any bid, which, in his opinion, is not commensurate with the value of the article being offered. At their discretion, the auctioneer may also reject any bid that he may determine as having a detrimental effect on the item in question or the sale as a whole.

We reserve the right to withdraw any property before sale.

Unless otherwise announced by the auctioneer all bids are per lot as numbered in the catalogue.

The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of any dispute between bidders, or in the event of doubt 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, our sale record is conclusive.

Bidding

Internet bidding (both live and absentee), Left bid and Phone bid services are available. These bids are executed by a designated Pook & Pook, Inc. employee and/or via Bidsquare with information provided to us via computer. This is a convenience to clients who are not present at auctions and we are not responsible for any errors or omissions in connection therewith - especially when the Bidsquare service is used, as our firm does not control the transmission speed used by or have previous knowledge of bids left by registered Bidsquare users. Pook & Pook takes bids based on lot number, not description, so please be sure to check that both are correct. A credit card (MC or Visa) must accompany all bids and in some cases a deposit on that credit card will be required. Both left bids and phone bids must be submitted by the close of business the day prior to the start of the sale and Pook & Pook, Inc. reserves the right to reject all bids received after the announced deadline. There may be some auctions where left bidding and/or phone bidding will not be available. Further information with regard to left and phone bids can be found opposite to the bid sheet at the back of the catalogue or on our website under "How to Buy". Title of each lot passes when the auctioneer says "SOLD". 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 own risk and expense. Employees or agents of Pook & Pook, Inc. shall not pack or transport the merchandise.  If the buyer requests assistance from an employee or agent of Pook & Pook, Inc. with packaging or transport it is fully at the risk, responsibility and expense of the purchaser, and Pook & Pook, Inc. shall not be liable for any loss or damage that may be caused by such employee or agent. Pook and Pook, Inc. is not responsible for any damage to property left on the premises, or removed and stored in a storage facility. Pook & Pook, Inc. is not responsible for the acts or omissions of third parties whom the buyer retains for shipping purposes, or any damage that occurs after items are removed from Pook & Pook, Inc.'s auction house.

Buyer's Premium and Sale's Tax

A buyer's premium for each individual lot is 20% (23% on Bidsquare or other third party online bid platform) of the successful bid price up to and including $1,000,000, and 13% on any amount in excess of $1,000,000. This amount will be added to the successful bid price of each lot you buy and is payable by you together with the applicable sales or use tax which is applied to the total cost of your purchase. Online bidders pay an additional 3% buyer’s premium for the use of the online bidding services.

Buyers will be required to pay the State of Pennsylvania Sales Tax of 6% at the time of payment unless: A)Items are shipped out of the State of Pennsylvania by a shipping company or B)The buyer provides Pook & Pook, Inc. with a valid Tax Exemption Number and fills out an Exemption Certificate (available at Pook & Pook, Inc.'s offices).

Payment

Payment can be made with cash, money order, cashier's check, bank wire, or personal/business check. For new clients, purchases paid for with personal/business check or international bank check/money order are not released until payment has cleared, 10 days post-deposit. We accept most major credit cards; however, there is a 3% surcharge to use your credit card for payment. Pook & Pook, Inc. does not accept debit cards, PayPal, BidPay or Western Union wires at this time.

Payment is due no later than 10 days post sale. If payment is not received within 15 days of the day of sale, the credit card of record will be charged the invoice total plus a 3% surcharge. If no credit card is available or if payment has not been received within 28 days, Pook & Pook will pursue alternate collection avenues starting 30 days from the day of sale in order to collect the balance due plus any storage, administrative and/or court fees. Contact: billing@pookandpook.com with any questions.

Pook & Pook, Inc. pays consignors 30 days after the day of sale. If a buyer fails to make payment within 30 days of the day of sale, Pook & Pook, shall be entitled to do any or all of the following:

A) After 15 Days - Charge the credit card number provided to Pook & Pook, Inc. by the buyer for the total due plus any applicable fees (storage, interest, etc.) plus a 3% surcharge. If a 25% deposit was submitted prior to bidding, this amount will not be refunded, but be kept and applied towards any owed amounts.

B) After 30 Days - File a Civil Complaint against the buyer to recover any balance due plus court fees, interest, storage fees, administrative costs, and any other applicable financial hardship caused to Pook & Pook, Inc., and/or the consignor or pursue other collection avenues to recover any and all losses.

C) Charge interest at a rate of 1% per month throughout the entire time frame of non-payment.

D) After 45 Days - Re-offer the items for sale, either publicly or privately, and collect any remaining balance owed after such sale from the original buyer, including, but not limited to, total balance remaining, court fees, interest, storage fees, administrative costs (including those related to re-selling the item(s)) and any other related fees.

E) Reject further bidding or consignments by the buyer at any and all future auctions (Unpaid Item Disputes will be filed for all non-paying Bidsquare bidders).

Shipping

Pook & Pook, Inc. does not provide in-house shipping, but will assist bidders in arranging for the shipment of their items. We reserve the right to hold merchandise purchased until payment has cleared the bank (10 days for personal checks, business checks and overseas money orders/cashier's checks), if we deem such action necessary to protect our interest.  Items paid for via bank wire transfer, cashier's check, or money order will be released immediately. Items purchased for a third party must be paid for by the purchaser of record, regardless of whether the purchaser of record has received funds from the third party. A $25.00 fee will be charged for returned checks. 

All items must be picked up, or shipping arrangements made, within two weeks of the day of sale. All bidders must email(shipping@pookandpook.com), call (610-269-4040) or fax (610-269-9274) notification back to Pook & Pook regarding their chosen shipper. Pick-up times are Monday through Friday between 9AM and 4:30PM . Pook & Pook, Inc. will bring purchases to successful buyers, and/or their shippers, but buyers, and/or their shippers, must pack/wrap and load their items. The purchaser must pay the shipper in advance for all packaging expenses, including labor, materials, postage, and, if applicable, insurance fees. If the property purchased is subject to laws governing export from U.S. or laws restricting imports into foreign countries, the granting of licensing for export and/or import of such goods is the responsibility of the buyer.  Any items left at the gallery for more than two weeks following the sale will incur storage fees at a rate of $5.00 per lot per day (this rate applies to all items regardless of size or value). Items still remaining 45 days after the auction date will be consigned to a future auction without additional notice to the purchaser.  Contact: shipping@pookandpook.com

Purchasers are governed by the laws of the jurisdiction in which the auction is held. By bidding at Pook & Pook, purchasers consent to the exclusive jurisdiction of the courts in the State of Pennsylvania.

Bidding on any item indicates your acceptance of these terms and all other terms announced/published at the time of sale.

Terms of Guarantee

APPLY TO PERIOD FURNITURE, FINE ART AND ACCESSORIES SALES ONLY - NOT DECORATIVE ARTS OR CLOCK SALES

Pook and Pook, Inc.'s Period Furniture, Fine Art and Accessories Sales carry a limited guarantee. This guarantee is designed to protect the buyer against major discrepancies

(i.e. major restorations or repairs not described, fakes, forgeries, replicas, reproductions or major fabrications) that would have a major effect upon the value of the item purchased.

Pook & Pook, Inc. warrants the authenticity of Authorship of each lot contained in this catalogue on the terms and conditions set forth below. "Authorship" is defined as the creator, period, culture, source of origin, as the case may be, as set forth in the Bold Type Heading of a lot in this catalogue, with exception of amendments by any oral or written salesroom notices or announcements. All other warranties of authenticity of authorship, express or implied, are hereby disclaimed and purchaser shall take each lot "as is" and with all faults and errors of description. Please note that this limited guarantee does not extend to any condition report, oral or written, provided to the buyer by Pook & Pook, Inc. Condition reports are provided as a courtesy and are not a replacement for physical observation/examination of the item(s) bidders with to purchase, and as such, bidders must assume the responsibility for any errors or omissions contained therein.

Pook & Pook, Inc. warrants the Authorship of a lot for a period of 15 days from the date of the sale of such lot and only to the original purchaser of record at the auction. If it is determined to Pook & Pook's satisfaction that the Bold Type Heading is incorrect, the sale will be rescinded provided the lot is returned to Pook & Pook in the same condition in which it was at the time of the sale. It is also Pook & Pook's general policy to have the purchaser obtain, at the purchaser's expense, the opinion of one (or two in some cases) recognized experts in the field, mutually acceptable to Pook & Pook, Inc. and the purchaser, before Pook & Pook, Inc. determines whether to rescind the sale under the above warranty. 

The purchaser's sole remedy in the event of disputed authenticity of authorship of any lot shall be rescission of the sale and restitution of the original purchase price and premium paid by such purchaser. Pook & Pook, Inc. hereby disclaims all liability for any damages, incidental, consequential or otherwise, arising out of or in connection with any sale to purchaser. Pook & Pook, Inc. will not refund any shipping and/or handling fees paid to a third party by the purchaser.

Bold Faced Statements in the catalogue which identify a lot specifically as the work of the named artist or author shall mean that the work is by the named artist or author (i.e. if the name of the artist is printed in Bold Face Type without a question mark and without any qualifying phrase such as "attributed to" or "circle of". Bold Faced Statement s in the catalogue which attribute the work to a named artist or author shall mean that the work is of a period or school of the artist or author, but is not, with certainty, by the named artist or author. This may also be indicated with a Question mark following the name of author.

Bidders are expected to examine material prior to purchase and at the time of pickup. If a bidder is unable to examine an item in person, they are responsible for obtaining a Condition Report and an Auction Addendum prior to bidding. If you are an absentee bidder, prompt payment and shipping arrangements are expected, followed by immediate examination of all material purchased. The purchaser must notify Pook & Pook, Inc. of any major discrepancies to the description listed in bold (unless previously corrected in the Condition Report and/or Addendum). Pook & Pook, Inc. pays its consignors 30 days after the day of sale. Once consignors have been paid, Pook & Pook, Inc. will not honor any requests for refunds. If a buyer suspects a major discrepancy, and will need longer than 30 days post sale to obtain documentation of such a discrepancy, they must notify Pook & Pook, Inc. in writing prior to that deadline so that payment can be withheld from the consignor until such time as the discrepancy is resolved or the sale is rescinded.

Exclusions

Notwithstanding any other provision of these "Terms of Warranty", Pook & Pook, Inc. disclaims all warranties of authenticity of authorship for all lots consisting of works of fine art by or attributed to artists, authors or persons living before 1870 and, when no artist, author or person is so identified, works attributed to a period which includes any date prior to 1870 and all warranties relating to the identification of the periods or dates of execution of property' which may be proven inaccurate. Pook and Pook does not guarantee the names or patterns of Oriental rugs. All dimensions given in the catalogue are approximate and are not guaranteed. All weights, grades, sizes, listed are approximate. All jewelry weights and measurements are approximate.  Items with semi-precious and precious stones are not returnable once they have been removed from the auction gallery.  Items with mechanical or electric parts such as clocks, mechanical banks, lamps, music boxes, etc. are not guaranteed to be in working condition.

Purchasers of firearms must comply with all state and federal regulations governing the purchase, registration and transportation of these items.

Purchasers are governed by the laws of the jurisdiction in which the auction is held. By bidding at Pook & Pook, purchasers consent to the exclusive jurisdiction of the courts in the State of Pennsylvania.

Definitions of statements:

a. "Attributed to" - work is of the period of the named artist and maybe the work of that artist, but not definitely so.

b. "Circle of" - work of the period closely associated with the artist or from his studio.

c. "School of' - work by a pupil or follower of the artist, in his style.

d. "After" - in our opinion, a copy of the work of the artist.

e. "Signed" - has a signature which in our qualified opinion is the signature of the artist.

f. "Bears signature" - has signature which in our qualified opinion, might be the signature of the artist.

Bidding on any item indicates your acceptance of these terms and all other terms announced/published at the time of sale.