Holiday FineArts Estate Auction

BEFORE THE SALE

ATTENTION: For payment, if you have a card or bank account on file with LiveAuctioneers, it will be automatically charged after you receive your invoice.

Prospective buyers are strongly advised to request additional information examine any property in which they are interested before the auction takes place. Condition reports are usually available on request on most lots. All lots are sold AS-IS and without recourse and neither NEO FineArts Inc. nor its consignor(s) makes any warranties or representations, express or implied with respect to such lots. Neither NEO FineArts Inc. nor its consignor(s) makes any express or implied warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalog or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature, or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections, or the effects of aging. No statement, whether written or oral, and whether made in the catalog, or in supplements to the catalog, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation, or assumption of liability. NEO FineArts Inc. and its consignor(s) make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. NEO FineArts Inc. expressly reserves the right to reproduce any image of the lots sold in this catalog.

AT THE SALE

Refusal of Admission - NEO FineArts Inc. has the right, at our complete discretion, to refuse admission to the premises or participation in any auction and reject any bid.

Registration before Bidding - A prospective buyer must complete and sign a registration form and provide identification before bidding. We may require bank or other financial references.

Bidding as Principal - When making a bid, a bidder is accepting personal liability to pay the purchase price, including the buyer's premium, all applicable taxes and all other applicable charges, unless it has been explicitly agreed upon in writing with NEO FineArts Inc. before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to NEO FineArts Inc., and that NEO FineArts Inc. will only look to the principal for payment.

Online Bids - We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online bids.

Reserves - Some lots in the sale are subject to a reserve which is the confidential minimum price below which such lot will not be sold. The reserve will not exceed the estimate range of the lot. Reserves are agreed upon with consignors or in the absence thereof, the absolute discretion of NEO FineArts Inc. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. With respect to lots that are offered without reserve, unless there are already competing bids, the auctioneer, in his or her discretion, will generally open the bidding at quarter to half of the low estimate for the lot. In the absence of a bid at that level, the auctioneer may proceed backwards at his or her discretion until a bid is recognized, and then continue up from that amount.

Auctioneer's Discretion - The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide, to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to re-offer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive.

Successful Bid - The highest bidder acknowledged by the auctioneer will be the purchaser. In the case of a tie bid, the winning bidder will be determined by the auctioneer at his or her sole discretion. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder or to re-offer the lot in dispute. If any dispute arises after the sale, the NEO FineArts Inc. sale record shall be conclusive. Title passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder subject to the Conditions of Sale set forth herein, and the bidder assumes full risk and responsibility.

AFTER THE SALE

Buyer's Premium - In addition to the hammer price, the buyer agrees to pay NEO FineArts Inc. a buyer's premium, the applicable sales tax, and other applicable fees added to the final total. Sales tax may be waived with an appropriate tax-exemption document that is submitted to and approved by LiveAuctioneers. For international buyers, the sales tax will not be added to the final total.

HAMMER PRICE / BUYER'S PREMIUM

In addition to the hammer price, the buyer agrees to pay NEO FineArts Inc. a buyer's premium, applicable sales tax, and other applicable fees added to the final total. The buyer premium is 25% of the hammer price for internet bidders.

Payment - The buyer must pay the entire amount due (including the hammer price, buyer's premium, all applicable taxes and other charges) immediately following the sale. Please note that payment is set up as instant autopay for this auction, the purchaser's payment method on file will be automatically charged once the auction is concluded. Payment in U.S. dollars may be made with credit card or ACH debit though LiveAuctioneers unless other arrangements are made and agreed upon with NEO FineArts Inc. NEO FineArts Inc. will charge a processing fee of 4.5% for credit card transactions or $55 for wire transfer transactions. NEO FineArts Inc. reserves the right to hold merchandise purchased by ACH debit until the funds has cleared the bank. The purchaser agrees to pay NEO FineArts Inc. a handling charge of $50 for any bank transaction dishonored by the drawee.

Collecting Purchases - Once NEO FineArts Inc. has received all funds due to us, the buyer shall collect purchased lots within five (5) business days from the date of the sale.

Packing and Shipping - No property will be released until payment in full is made on the items. Packing, shipping, and insurance (including reimbursement for damage or loss) of purchased lots is the responsibility of the purchaser. The purchaser agrees to release NEO FineArts Inc. of all liability for damages or loss. This auction is set up with LiveShipping. We will handle in house shipping upon email request for most items; other shipping will be handled by third party shippers of purchaser's selection or auction company's recommendations. Please note, items that are large and/or heavy and/or need special packaging or shipping requirements, will be handled by 3rd party shipping companies. We will offer recommendations of suitable third-party carriers. We recommend shipping all items insured. Insurance claims should be taken up with the third-party carrier. Should any damage or loss occur to items transported by a third party, we can assist the purchaser in filling reimbursement, of course, only covers the actual cost of the items shipped. Immediately after the auction, purchasers should contact NEO FineArts Inc. regarding shipping for requests of recommended shipping methods or possible third-party carriers. (Note: on occasion, quotes from some of the third-party carriers may take longer to get.) The purchaser may also notify NEO FineArts Inc. if self-arranged packing and shipping are made with other third-party shippers. Local purchasers may also arrange self-pickup with email confirmation with NEO FineArts Inc.

Failure to Collect Purchases - If property is not picked up within seven (7) business days following the sale, whether or not payment has been made, NEO FineArts Inc. reserves the right to charge $5 per lot per day or to deliver said property to a public warehouse for storage at the purchaser's expense. NEO FineArts Inc. shall have no liability for any damage to property left on its premises for more than seven (7) business days following the sale. In addition, we reserve the right to impose a late charge of one and half percent (1.5%) per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. For property that is not picked up after twenty (20) calendar days, an additional administration fee of $75 will be charged. Property which is paid for but left on our premises for any reason in excess of thirty (30) calendar days is subject to sale by us with the balance of any funds recovered in excess of storage charges and any other fees being remitted to you.

ALL PROPERTY IS SOLD AS IS.

ALL SALES ARE FINAL.

A 25% PREMIUM WILL BE PAID BY THE PURCHASER AS PART OF THE PURCHASE PRICE EXCEPT AS NOTED FOR SPECIAL SALES EVENTS. ONLINE BIDDERS MAY BE CHARGED AN ADDITIONAL ONLINE SERVICE/PROCESSING FEE AS DETERMINED BY LIVEAUCTIONEERS OR OTHER ONLINE SERVICE PROVIDERS. PLEASE NOTE THAT SERVICE/PROCESSING FEES MAY BE REDUCED WITH ACH DEBIT (BANK ACCOUNT) TRANSACTION WHEN SUBMITTING PAYMENT. IF YOU CHOOSE TO PAY THE INVOICE OUTSIDE OF LIVEAUCTIONEERS WE CHARGE 4.5% FOR CREDIT CARD TRANSACTIONS AND $55 FOR WIRE TRANSFER TRANSACTIONS.

WE RESERVE THE RIGHT TO CHANGE, MODIFY, AND ADD TO THESE TERMS AND CONDITIONS.

LIABILITY

Condition Reports - NEO FineArts Inc. is not responsible for the correctness of any statement of any kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Neither the seller, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot regarding merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. The condition report states NEO FineArts Inc.'s reasonable opinion as to the lots general condition in the terms stated in the particular report, and NEO FineArts. Inc does not represent or guarantee that a condition report includes all aspects of the internal or external condition of the lot. Items sold at auction are of considerable age and may exhibit wear, usage, repairs, and damage. Condition reports are provided as a courtesy to our clients upon request and is only an opinion and should not be treated as a statement of fact.

?Overall, in good condition? is based on a cursory visual inspection. The condition reports provided for any lot are based solely on visual inspection by NEO FineArts Inc. and are offered for reference only. A lot is sold in the condition it is in at the time of sale. ALL SOLD AS IS. Porcelain ware may contain glazed hairlines or crackles, and may not be shown on the photo. We highly recommend you to reach out to the auction house and inquire for a detailed condition report. It might come with chips, crack or hairline, etc. The condition report is provided to assist you in assessing the conditions of the lot and is for guidance only. The condition report may not refer to all faults, restoration, alteration or, adaptation. Actual color and shades of the lot may be different from the online images as variations in color may occur as a result of lighting conditions during photography and differences in monitor calibration.

Therefore, all lots are sold "as is" and there are no returns or refunds. NEO FineArts Inc. does not owe the buyer any obligation to report on the condition of the lot and makes no guarantee the condition will be given for the lot. NEO FineArts Inc. attempts to provide accurate descriptions and images of products online. It is the buyer's responsibility to review all of the information provided about a lot before placing a bid. The buyer acknowledges that the products are sold on an ?as-is? basis. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph.

Purchased Lots - If for any reason a purchased lot cannot be delivered in the same condition as at the time of sale, or should any purchased lot be stolen, misdelivered or lost prior to delivery, NEO FineArts Inc. shall not be liable for any amount in excess of that paid by the purchaser.

Legal Ramifications - The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in California. If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted, and the rest of the conditions shall continue to be valid to the fullest extent permitted by law.