The following Conditions of Sale and, if applicable, as they may be amended by any posted notices or oral announcements before or during the sale, form Barridoff Galleries’ and its consignors’ entire agreement with the buyer relative to the property listed herein. By participating in the sale, all bidders agree to the terms hereof.
Barridoff Galleries acts as an agent for its consignors and the contract for sale is between the consignor and the buyer. Barridoff Galleries may reject any bid for any reason. Items may be subject to a reserve, and Barridoff Galleries may reject any bid below the reserve. The auctioneer may bid on behalf of the consignor or of Barridoff Galleries. Barridoff Galleries reserves the right to withdraw any property at any time before its actual sale. The buyer will be the highest bidder acknowledged by the auctioneer. Barridoff Galleries has the authority to decide any disputes over the auction process in its sole discretion, and its decision shall be final and binding. As a convenience to clients who cannot aend a sale in person, Absentee/Telephone bid forms are found at the back of this catalog. Barridoff Galleries is not responsible for errors and omissions in connection with telephone, Internet, or other absentee bidding.
Provenances are included in the catalog to the extent they are available. Estimates are included with each lot. (See note on estimates on page 4.) Statements of condition are not provided herein. Barridoff Galleries, however, will endeavor to answer to the fullest extent possible any reasonable question, subject to the disclaimers below. The auctioneer may make corrections and provide additional infor- mation as available at the time of sale.
Statements in the catalog and any other information provided by Barridoff Galleries and any of its employees are opinions; Barridoff Galleries and the consignors are not responsible for errors and omissions therein. Barridoff Galleries makes no representation or warranty with respect to and is not responsible for the description, quality, condition, or authenticity of any items sold, and makes no warranty as to merchantability or fitness for a particular purpose. All items are sold “AS IS.” Prospective bidders should inspect the property before bidding to determine its condition, size, and whether or not is has been repaired or restored. No representation or warranty is made as to copyright of any property or whether the buyer acquires any reproduction rights of the property.
Barridoff Galleries charges the buyer a premium to be added to the hammer price on each item purchased. This premium is equal to 20% of the hammer price up to and including $500,000.00, plus 12% of the hammer price over $500,000.00. (See note on premiums on page 4.)
Upon the fall of the auctioneer’s hammer, title to the item passes to the highest bidder, subject to the terms hereof, who assumes full risk and responsibility therefore. Buyer authorizes Barridoff Galleries to sign a sales record, which shall be conclusive as to the terms of the sale, on buyer’s behalf. Barridoff Galleries is not responsible for any loss by the buyer as a result of the damage or the of an article purchased. All property must be removed from the premises of the auction by the buyer, at his or her expense, on the day of sale unless other specific arrangements have been made with Barridoff Galleries. Payment for each item purchased must be made before the item is removed. Only cash or certified check will be acceptable unless other suitable arrangements have been made with Barridoff Galleries at least five days before the auction.
If the buyer does not comply with any applicable conditions herein, Barridoff Galleries and the consignor shall have all of the following rights and remedies, in addition to their other remedies at law or in equity: the right a) to hold the buyer liable for the total purchase price plus interest of 1 1/2 cent per month; b) to cancel the sale and retain as liquidated damages all payments made by the buyer; c) to resell the property, in which case the buyer shall be liable for any deficiency, cost, including handling charges, the expenses of both sales, commissions on both sales and all other charges and incidental damages; d) to charge 1% of the total purchase price per month, with a minimum charge of 5%, to handle any property not timely removed; e) to exclude buyer and its affiliates from all future auctions; and f) to set off any amounts Barridoff or consignor owes the buyer. All buyers shall be deemed to have granted to Barridoff Galleries and its consignor as collateral for buyer’s obligations hereunder a security interest in any property of the buyer in the possession of Barridoff Galleries or its consignor, who shall have all of the rights of a secured party in Maine and the law of the location of the property. Barridoff Galleries shall have all of the rights of the consignor to pursue all rights and remedies hereunder, and Barridoff Galleries and its consignors shall be entitled to all of their costs, including reasonable aorney’s fees, in enforcing their rights and remedies hereunder.
Requests for refunds will only be considered on the grounds of authenticity. All such requests must be made within 15 days of the auction and must be supported by the wrien testimony of at least two recognized experts in the field with respect to the specific artist involved. Only if the disputed article is in the same condition as when sold will a request for refund be considered. In the event Barridoff Galleries agrees to rescind the sale, which decision shall be at Barridoff Galleries’ sole discretion, the original purchase price shall be refunded to the buyer. Such rescission and refund is exclusive and in lieu of any other remedies which might otherwise be available as a matter of law. In no event shall Barridoff Galleries’ or its consignor’s liability exceed the purchase price of the item sold. All purchases are subject to Maine sales tax unless the buyer possesses a sales tax exemption number either from or acceptable to Maine Revenue Services and presents to Barridoff Galleries at or before the auction a valid signed certificate from the Services stating that Barridoff Galleries does not have to withhold Maine sales tax on the purchase. Maine sales tax is applicable to the full purchase price as determined by the hammer price plus premium.
The descriptions used in this catalog may not be reproduced in any manner without the wrien authorization of Barridoff Galleries. The Uniform Commercial Code Title 11, Section 2-328 applies to this auction sale. These conditions of sale are governed by and shall be interpreted under Maine law, and any conflicts hereunder shall be decided in the state and federal courts located in Cumberland County, Maine, and all bidders submit themselves to the jurisdiction thereof.
Apologies for the length of the disclaimer. It may be very helpful in explaining how we judge condition and interpreting what we mean by certain words or phrases in our condition reports that may be a kind of shorthand for longer explanations.
If the condition report states "Good condition, good appearance" or the like with nothing further, it is our opinion that the painting appears to have little to no restoration and does not appear to be lined. Craquelure will be described in condition reports if it seems, in our opinion, to be extensive, separated, or obtrusive, especially for its date. All oils, especially earlier examples, must be assumed to have some craquelure. Loss of intensity or color in watercolors will be mentioned only if it seems, in our opinion, to be significant or obtrusive. Almost every watercolor has some loss of intensity from aging and direct or indirect light over time. We qualify those pictures we feel to be in mint condition with the term "mint or nearly mint", "pristine or nearly pristine," "little or no restoration, "little or no restoration, probably none, or the like, in order to avoid problems arising from differences of opinion and interpretation. We use "restoration" to mean inpaint or overpaint, and treat lining and thinness (or overcleaning/loss of paint surface) as issues separate from restoration. "Very minor scattered restoration" means it seems to us almost not worth mentioning; "minor scattered restoration" means a bit more. "Scattered restoration" by itself may mean anything from several scattered spots to many scattered spots, but none of these is usually or particularly meaningful or bothersome. Unless very serious, we usually don't include thinness of surface paint in most condition reports because, again, it is often a matter of opinion and taste. The problem would have to be very obvious to the naked eye to be included. We do not mention minor ghosts of a crease or line on the surface caused by a stretcher on the back unless it is in some way atypical or impacts significantly on the surface. If an image is painted directly on Masonite, board, canvasboard or the like, it is not considered lined and therefore nothing about its being lined is mentioned in condition reports. Barridoff Galleries tries to distinguish between works painted directly on such supports and those canvases that are laid down on such supports, but does not guarantee the type of support or lining. In general, if the lining or relining is not mentioned, it means that we do not believe it is lined. Although we will answer as best we can any questions in regard to the surface, if the buyer has questions about it, he or she is cautioned to examine the work under consideration in person or have an expert look at it for him/her. Usually, if a painting is lined, we state as much in the condition report, but if a condition report includes no mention of lining, the subject artwork is also probably not lined or is painted directly on a hard surface such as a wood panel. No one representing Barridoff Galleries is a qualified expert in regard to condition or restoration. While we do our best to provide an accurate description of condition no matter the medium, our description is in no way to be understood as a guarantee. Again, bidders are herein advised to examine any item in the sale prior to bidding in person and/or to have a qualified restorer of his/her own choosing do so for them. The Conditions of Sale found on the inside front cover and on page 4 of the catalogue (as well as on the barridoff.com online catalogue on severtal sites) also preclude any statements made in any other fashion and in any regard. Condition reports are in no way to be considered a guarantee of any kind. Our expertise in regard to condition is limited. This is particularly true of works on paper (including photographs), sculpture, and, most particularly of all, Old Masters. Those very few, if any, paintings whose condition reports may be more extensive and in need of more technical terms, are done by or with the help of a professional restorer. However, this disclaimer applies to all condition reports.