Lot 1074: Brannan, "Landscape with Houses and Children at Play," O/C

Terms & Conditions
Please Note, Our Terms of Sale have recently changed.

Terms of Sale

By registering to bid on this auction you agree to the following terms and conditions. 1. All items are sold as is, where is, with all faults, and without any warranties or representations of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, condition of the property nor of any other kind, express or implied. All artists' names and dates recorded in this catalog are not to be taken as unqualified attributions to the artists named. Written and oral descriptions are opinions and should in no way be construed as a guarantee of any kind as to age, condition, materials or any other feature of items being sold. All items are available for your examination prior to bidding. We recommend prospective bidders personally examine all items in which they have an interest. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you not bid on the item in question. Your bidding will signify that you have examined the items as fully as you desire, or that you have chosen not to examine them, and that you find the item acceptable for purchase in its current state. All sales are final, and purchases cannot be refunded. No statement written or oral made by the auctioneer or any employee of Kaminski Auctions shall be deemed a warranty or assumption of liability by Kaminski Auctions or by any seller represented by Kaminski Auctions. 2. Bidding will begin at a price determined by the auctioneer. The auctioneer always reserves the right to withdraw a lot for any reason he deems appropriate. At the auctioneer's discretion, no bid of less than one half the low estimate will be accepted from any source: phone bidding, absentee bidding, internet bidding, or bidding in the gallery. Some lots in this catalogue are offered subject to a reserve, which is the confidential minimum hammer price at which a lot will be sold. In executing a reserve, the auctioneer has the right to bid on behalf of the Consignor, whether by opening bidding or continuing bidding in response to other bidders until reaching the reserve. If the reserve is not met, the Auctioneer has the right to withdraw the item from the sale. 3. Once the auctioneer declares that an item is sold, we cannot reopen the bidding. It is the bidder's responsibility to get the auctioneer's attention prior to the item being sold. In case of a disputed bid, the auctioneer shall have sole discretion in determining the purchaser and may also, at his or her election, withdraw the lot or reoffer the lot for sale. The auctioneer shall have sole discretion to refuse any bid, or refuse to acknowledge any bidder. The auctioneer reserves the right to reject any bids deemed inappropriate or to withdraw any item(s) for lack of appropriate bids. If an item is withdrawn from the auction it will be offered again only at the auctioneer's discretion. 4. Payment must be made by cash, check, money order, wire transfer, Visa, MasterCard, or PayPal, within 5 business days from the end of sale. We reserve the right to require bank checks for large purchases. Buyers not known to us who wish to write a check must provide a current letter of credit from their bank guaranteeing funds for that account. We reserve the right to not issue a bidder number or to withhold merchandise if appropriate credit has not been established. We accept only wire transfers, Visa, or Mastercard for international buyers. 5. Payment for items purchased in person is due immediately following the end of the auction. Payment for all other purchases is due upon receipt of invoice. Telephone, online, and absentee bidders will be notified about successful bids by e-mail within 24 hours after the close of the sale. Bidding on an item indicates your acceptance of our Terms of Sale. Your signature on our Bid Form or acceptance of these terms through KaminskiLive or any other online platform constitutes permission to charge successful bids to credit cards if payment is not received within five days of the auction. In the event the buyer does not pay in full within seven days of the sale, the buyer is in default, therefore title has not exchanged. In the event of a buyer default, the buyer agrees to pay Kaminski Auctions a 20% default fee and releases title of that said item. 6. We are pleased to offer online bidding for prospective bidders who cannot be present at the auction, as well as absentee and phone bidding. Absentee bids are executed competitively and confidentially. All reservations for phone bidding are held in the strictest confidence. Phone and absentee bids must be submitted by 5:00pm on Friday, November 1st, 2013. No additional phone bids can be accepted on the day of the auction. Phone and absentee bids are executed as a convenience, and Kaminski Auctions is not responsible for any error or failure to execute bids. Leaving an absentee or phone bid on a lot indicates your willingness to open the bidding at one half the printed low estimate, and gives the auctioneer the authority to open the bidding at that level. 7. In the case of identical absentee bids, the bid received first will prevail. 8. In our experience, cellular phones are not always dependable, and we recommend phone bid reservations be made on landlines. We make every effort to honor all absentee and phone bid reservations, but we are not liable for any failure to execute absentee bids or failed phone reservations. Submitting absentee bids or bidding by phone does not imply an extension of credit. Please see numbers 4 and 5 above. 9. Kaminski Auctions does not handle packing or shipping. Purchaser agrees that packing and shipping is done at the purchaser's risk and that the purchaser will pay in advance all packing expenses, materials, carrier fees and insurance charges. We are happy to provide names of carriers and shippers if a purchaser so requests. Kaminski Auctions will have no liability for any loss or damage to shipped items. 10. As stated in Section 5, all purchases are subject to applicable state sales tax unless the applicable state Resale tax form is fully and completely filled out and received prior to time of purchase. Resale tax numbers from other states are accepted. Items shipped out of state are not subject to sales tax. International buyers are responsible for tariffs, taxes, or assessments of shipped items to the buyer's country. 11. Bidding on an item indicates your understanding and acceptance of these Terms of Sale. If a purchaser breaches any of these Terms of Sale, including the obligation to pay for purchased items, Kaminski Auctions may seek all remedies under the law including canceling the sale and reoffering the property without reserve. 12. A buyer's premium will be applied to the purchase price of all items: 20% if bidding live, by phone or by absentee bids. All online Internet bidding shall have a 23% buyers premium added to the winning bid. 13. All small items (decorative items, paintings ect.) that are purchased in person must be picked up the day of the sale. Larger items, and items purchased online, via the phone, or via absentee bid must be picked up by November 4th. After November 4th, items will be transferred to a storage facility in Santa Barbara and will begin to incur a storage fee of $10 per day, per item. Pick up of items from the Kaminski storage facility will be by appointment only. Please email Oprah@www.kaminskiauctions.com to schedule an appointment with your full name, phone number, and list of lots purchased. It is the buyer's responsibility to make an appointment for pick up, or arrange for a shipping and packing company to collect the item. All invoices must be paid in full before any items can be released. If a paid item has still not been picked up after 60 days, it will be transferred to Kaminski Auctions' warehouse in San Diego. Kaminski Auctions is not liable for any damage to items that may occur in storage and transport after the close of the auction. 14. Please note that lots containing ivory, tortoiseshell, or other animal materials may be subject to regulations imposed by the Endangered Species Act and by the United States Fish and Wildlife Department. Some countries prohibit the importation of property containing materials from endangered species, and prospective purchasers should familiarize themselves with relevant customs regulations prior to bidding if they intend to import these lots into another country. Buyer is responsible for any and all CITES permits. 15. All photos and descriptions posted on any Internet platform are property of Kaminski Auctions and are subject to US copy write laws. No photo or description may be used without written approval by a Kaminski Auction agent. Use of unauthorized photos and descriptions could incur penalties.

Payment must be made by cash, check, money order, wire transfer, Visa, MasterCard, or PayPal, within 5 business days from the end of sale. We reserve the right to require bank checks for large purchases. Buyers not known to us who wish to write a check must provide a current letter of credit from their bank guaranteeing funds for that account. We reserve the right to not issue a bidder number or to withhold merchandise if appropriate credit has not been established. We accept only wire transfers, Visa, or Mastercard for international buyers. Payment for items purchased in person is due immediately following the end of the auction. Payment for all other purchases is due upon receipt of invoice. Telephone, online, and absentee bidders will be notified about successful bids by e-mail within 24 hours after the close of the sale. Bidding on an item indicates your acceptance of our Terms of Sale. Your signature on our Bid Form or acceptance of these terms through KaminskiLive or any other online platform constitutes permission to charge successful bids to credit cards if payment is not received within five days of the auction. In the event the buyer does not pay in full within seven days of the sale, the buyer is in default, therefore title has not exchanged. In the event of a buyer default, the buyer agrees to pay Kaminski Auctions a 20% default fee and releases title of that said item.

All small items (decorative items, paintings ect.) that are purchased in person must be picked up the day of the sale. Larger items, and items purchased online, via the phone, or via absentee bid must be picked up by November 4th. After November 4th, items will be transferred to a storage facility in Santa Barbara and will begin to incur a storage fee of $10 per day, per item. Pick up of items from the Kaminski storage facility will be by appointment only. Please email Oprah@www.kaminskiauctions.com to schedule an appointment with your full name, phone number, and list of lots purchased. It is the buyer's responsibility to make an appointment for pick up, or arrange for a shipping and packing company to collect the item. All invoices must be paid in full before any items can be released. If a paid item has still not been picked up after 60 days, it will be transferred to Kaminski Auctions' warehouse in San Diego. Kaminski Auctions is not liable for any damage to items that may occur in storage and transport after the close of the auction.

The buyer's premium on property purchased will be in the amount of 20% of the final bid price.

All purchases are subject to applicable state sales tax unless the applicable state Resale tax form is fully and completely filled out and received prior to time of purchase. Resale tax numbers from other states are accepted. Items shipped out of state are not subject to sales tax. International buyers are responsible for tariffs, taxes, or assessments of shipped items to the buyer's country.

All items are sold as is, where is, with all faults, and without any warranties or representations of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, condition of the property nor of any other kind, express or implied. All artists' names and dates recorded in this catalog are not to be taken as unqualified attributions to the artists named. Written and oral descriptions are opinions and should in no way be construed as a guarantee of any kind as to age, condition, materials or any other feature of items being sold. All items are available for your examination prior to bidding. We recommend prospective bidders personally examine all items in which they have an interest. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you not bid on the item in question. Your bidding will signify that you have examined the items as fully as you desire, or that you have chosen not to examine them, and that you find the item acceptable for purchase in its current state. All sales are final, and purchases cannot be refunded. No statement written or oral made by the auctioneer or any employee of Kaminski Auctions shall be deemed a warranty or assumption of liability by Kaminski Auctions or by any seller represented by Kaminski Auctions.