Lot 4324: Eckelberry, "Mallard Drakes Rising," Oil on Canvas

Please Note Our Terms of Sale have recently changed. By registering to bid on this auction you agree to the following terms and conditions. Telephone and absentee bidders will be notified by both telephone and e-mail within two days of sale end. We accept payment in the form of cash, check, money order, wire transfer, Visa, MasterCard, Discover Card, American Express and PayPal, as well as some debit cards.

1. All items are sold as is, where is, with all faults. There are no warranties or representations of merchant ability, fitness, 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. No attributions to any artist or date are made or intended as to authorship or date of execution. Therefore, none of the property in this catalog is subject to any guarantee of authenticity and all of the property is sold as is. All items are available for your examination prior to bidding. Your bidding will signify that you have examined the items as fully as you desire, or that you have chosen not to examine them. 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. We recommend prospective bidders 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. We do not give refunds. All sales are final. 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 appropriate in auctioneer's discretion. 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. All lots in this catalog 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 we declare that an item is sold, we cannot reopen the bidding. It is the bidder's responsibility to get our attention prior to our saying 'sold'. We reserve 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, Discover Card, American Express 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 require wire transfers or Credit cards for international buyers.

5. Payment for all purchases is expected at time of purchase. Payment for successful absentee, phone bids and online bids are required within five business days of the auction. Bidding on an item indicates the client's acceptance of our Terms of Sale. Your signature on our Bid Form or acceptance of these terms through Live Auctioneers 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. Absentee bids are executed competitively and confidentially. All reservations for phone bidding are held in the strictest confidence and must be received by 5 pm the day before the auction. No additional phone bids can be accepted on the day of the auction including additions when speaking with a staff person on the phone. We can accept written absentee bids submitted on the Absentee Bid Form up to 30 lots before the item comes up for auction. 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. Kaminski Auctions shall have the right to withdraw any item at any time for any reason and to void any sale in the event of an error or dispute.

7. In the case of identical absentee bids, the bid received first will prevail. Bids left via online bidding platforms are not executed until the item is offered in the live auction and the order in which they are received is not a factor. We sell 70-100 lots per hour.

8. In our experience, cellular phones are not always dependable, and we recommend phone bidding reservations be made on land lines. We make every effort to honor all absentee and phone bid reservations, but we are not liable for any losses incurred as a result of 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. 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. At our discretion, items will either be packed by an agent such as a packaging store or Kaminski Auctions. Please allow two weeks for shipping after payment is received. Shipment of large items is the responsibility of the purchaser. 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. Note to internet absentee bidders. We do not accept cut bids. We always encourage bidders to bid by phone or to leave absentee bids through our gallery to avoid such a situation.

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

12. 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 re-offering the property without reserve.

13. 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 25% buyers premium added to the highest bid.

14. Purchased items not picked up from our auction facility within ten business days of the auction will be moved to Beverly Moving and Storage located at 117 Elliot St. Beverly Ma unit 4. All items not picked up within 10 business shall be assessed a storage fee of $25.00 per day, per item. You authorize us to re-sell on your behalf any item not picked up within 30 calendar days. The costs of storage, plus any other costs directly related to the item, and an auctioneer's commission of 20%, will be subtracted from the proceeds unless other arrangements have been made with Kaminski Auctions. The minimum charge will be $50.

15. 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.

16. All photos and descriptions posted on LiveAuctoneers or 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.

I understand that Frank C. Kaminski, Inc. will execute bids as a convenience and will not be held responsible for any errors or failure to execute bids. I understand that my bids are placed subject to the terms and conditions of sale as state above, and that I will be responsible for the purchase price and buyer's premium, as well as all applicable local and state taxes and separate shipping costs. Shipment will not be made until full payment has been received.

564 Cabot St. Beverly, Massachusetts 01915
Tel: 978-927-2223 Fax: 978-927-2228

Payment is due for your item(s) upon receipt of invoice.

Purchases made totaling $2,000 or more require a 40% payment at close of sale or time of purchase and the remaining balance must be paid in full with check, cash, credit card or wire transfer within 5 business days.

Payment is due for your item(s) upon receipt of invoice. Telephone, absentee and floor bidders will be notified by telephone and/or e-mail within two days after the sale, at which time 40% of balance is due if not paid in full. We accept payment in the form of cash, approved check, money order, wire transfer, Paypal, Visa, Mastercard and Discover. If you would like to pay by electronic check please fill out the authorization form.

Unless alternative payment method has been pre-arranged with Kaminski Auctions, we reserve the right to charge 40% of the invoice to the credit card on file for any bidder who has not paid in full within 5 days from the auction date. If full payment is not received within 5 business days, then the deposit is forfeited and Kaminski Auctions has the right to re-sell the items.

ALL PROPERTY STORED IS AT THE RISK OF THE PURCHASER.

Kaminski Auctions does not handle shipping directly. However, we do work with a number of recommended shippers, listed below. After submitting payment for your purchase with Kaminski auctions, please contact the shipper of your choice to arrange for pick-up and shipment.

The buyer's premium on property purchased will be in the amount of 25% of the final bid price.

All purchases are subject to 6.25% Massachusetts sales tax unless purchaser has Massachusetts sales tax exemption number. Items shipped or mailed out of the state of Massachusetts are exempt from Massachusetts sales tax.

Acceptance Conditions of Sale
New and existing buyers who are currently registered with Omni auction Corp. LIVE Auctions to purchase items must accept the following Conditions of Sale to participate in Omni auction Corp. LIVE Auctions.
Online Bidding
By registering to bid through Omni auction Corp. LIVE Auctions service you agree to accept Omni auction Corp. policies of bid history disclosure whether bidding in person, through a representative, by phone, internet or other absentee bid. Bidders may leave absentee bids on items they wish to purchase.
Item & Property Condition
All items are sold "as is" and neither Omni Auction Corp. nor any Consignor makes any warranties or representation of any kind or nature with respect to the property and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty of description, genuineness, authorship, attribution, provenance, period, culture, source, origin or condition of the item and no statement made at the sale or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability.
Disclaimer Appsaisal
Appraisals should be used for verification of gemstone and/or metal weight, size, and grade only, not actual value. Appraisal value should be considered for insurance purposes only, not actual value, as price varies greatly from retail locations throughout the world. Items should not be purchased with the expectation to resell for appraisal price or for profit.
Price estimates
High and low estimates are provided solely for comparison purposes and Omni Auction Corp. makes no warranties or representations of any kind relating to them.
Re-lists
Occasionally you may notice that item(s) is re-listed. This can be due to a variety of reasons such as a winning bidder in a previous auction not paying for the item, multiple types of the same item or items listed with a reserve price and the reserve was not met.
Reserve price
Some of the lots offered on auction are subject to a reserve unless auction is advertised as an absolute auction. The reserve is a confidential minimum price, below which the lot will not be sold agreed upon agreement between Consignor and Omni Auction corp. Usually reserve price set below the estimated range but never will exceed estimates listed for this lot.
Breach of Sale:
If the winner fails to pay in full with good cleared funds or fails to comply with the Condition of Sale as set forth herein, Omni Auction Corp. reserves right to exercise one or more of the following remedies:
a) Hold the defaulting buyer liable for the full purchase amount due.
b) Cancel the sale.
c) Forbid the buyer from participating in any future auction.
Cancelling a winning bid
If a winning bid is cancelled for any reason and the winning bidder wishes to back out, a 20% buyer's premium fee will be charged to the winning bidder to cover the costs associated with listing and the non-performer may be blocked from future bidding.
Liability
In no event will the liability of Omni Auction Corp. to any purchaser with respect to any item exceed the purchase price actually paid by such purchaser for such item.
Right to refuse bid
Auctioneer reserves the right to reject any bid. The highest bidder as determined by the auctioneer shall be the purchaser. In the 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's decision to refuse any bid, advance the bidding in any manner, withdraw a Lot, determine a successful bidder, continue the bidding, to cancel a sale and re-offer and resell an item in dispute, is conclusive, absolute and final.
Methods of Payment
Acceptable forms of payment are listed the auction's info page. You will receive invoice via email within 24 hours after each auction ended with instructions on how to complete transaction.
Payment Due
We will email invoices for all winnings with our PayPal address. If you wish to pay via PayPal - you have 3 working days to do so after you receive invoice with total amount need to be paid. On 4th business day credit cards will be charged for all winnings that have not been paid by Buyer (Winner) via PayPal.
Failure to remit payment to the Auction House (Seller) in the 7 business days may result in legal action against the Buyer (Winner).
Inquiries
All inquiries regarding lots must be sent directly to the Auction House (Seller) via email and received few hours prior to the start of the auction.
Withdrawal Prior to Sale
Omni Auction Corp. reserves the right to withdraw any property before the auction sale starts and shall have no liability whatsoever for such withdrawal.
Guarantee Terms
All items in the catalog are sold as described by Omni Auction Corp. If an item is different than was described by the Omni Auction Corp. Buyer (Winner) has 3 business days from the date the property is received to notify Omni Auction Corp. After the 3 business days period all items are considered "as is", without recourse. Full refund for misrepresented item will be issued. The item(s) (winnings) must be returned in the same condition as when purchased. Only in this case shipping fee will be refunded by Omni Auction Corp. Any refund will be paid directly by the Omni Auction Corp. to the Buyer (Winner) in same method as payment for item(s) (winnings) was made. In case of wire transfer payment - business check will be issued on refunded amount.
Payment and Delivery
At checkout, notification is sent by email to the Buyer (Winner) about shipment made. Shipping will include insurance and tracking number (where available) so that the date of delivery is identifiable. Omni Auction Corp. gives the Buyer (Winner) a period of 3 business days once the package with item(s) is received to inspect the item(s) (winnings) for compliance with the description provided in Auction House (Seller's) listing and plus 3 business days after to prepare and send unwanted item(s) (winnings) back to us.
Return and refund
Please bid responsibly and ask questions before bidding started. We are available to answer any your questions prior the auction.
Return is allowed. We want you to be satisfied with your item(s) winnings and we understand that you are bidding on item(s) thought the computer without seeing item(s) "alive". We give you 3 business days to decide if you are going to keep item. If you decide return item(s) winnings you must email us about your decision and send package to our address. You will be responsible for shipping and insurance fees that will apply when sending package back to us. We will refund you money you have paid for item(s) winnings excluding applicable buyer's premium, shipping and handling fee and we will not charge you restocking fee. If Buyer (Winner) will not notify us about return within 3 business days - also restocking fee of 20% will apply to all returned items.
In the event when item(s) were damaged during shipment process - Omni Auction Corp. will credit the Buyer (Winner) the hammer price of the item(s) plus applicable Buyer's Premium.
In the event when item(s) are NOT received by the Buyer (got lost) during shipment - Omni Auction Corp. will credit the Buyer (Winner) for the hammer price of the item plus applicable Buyer's Premium.
In the event when Buyer (Winner) does not accept the package upon delivery (for any reason) and item(s) (winnings) will be returned to Omni Auction Corp. - Buyer (Winner) will be responsible for paying shipping charges for redelivery of the package.
In the event when Buyer (Winner) refuses the package with item(s) (winnings) upon delivery (for any reason) and package will be returned to Omni Auction Corp. - Buyer (Winner) will be responsible for paying 20% restocking fee from total sale price. Associated with this sale applicable Buyer's premium, shipment and handling fees - nonrefundable.
After 14 business days from receiving package with item(s) winnings returns are not allowed (for any reason).