Lot 5380: ELEANOR SIMMS BLACK (AMERICAN, 1872 - 1949) OIL ON CANVAS ROCKY LANDSCAPE, SIGNED LOWER RIGHT, IMAGE SIZE 14 1/2' X 14 1/2"

Live bidding may start higher or lower

$1 - 49,999:20.0%

$50,000+:20.0%

1. All items are sold "AS IS, WHERE IS" with all faults. There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. All items are available for your examination prior to bidding. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. Apple Tree Auction attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. We recommend prospective bidders examine all items in which they have an interest or contact us prior to bidding for a condition report or to express concerns with the description. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. If your item(s) are damaged in shipping, you will need to contact the shipper to file a claim. If your item(s) are being shipped and there is a condition problem upon receipt, you are expected to notify us immediately by phone at 740-344-4282. Refunds or adjustments will be handled on an individual basis.

2. The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubt on Apple Tree Auction's part 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, Apple Tree Auctions sale record is conclusive.

3. The purchaser assumes full responsibility for items at the fall of the hammer.

4. As a convenience to customers, absentee bids and phone bids will be executed by Apple Tree Auction personnel in a fair, competitive and confidential manner. Phone bid arrangements must be made 24 hours prior to start of the auction. Apple Tree Auction will not be responsible for failure to execute absentee or phone bids.

5. There will be a buyers premium of 20% for Internet bidders added to the hammer price of each lot and it will be considered part of the total purchase price.

6. All purchases will be subject to a 7.25% Ohio sales tax unless the purchaser possesses a valid tax-exempt number. Out of state internet bidders are not subject to Ohio sales tax. Apple Tree Auction must have a blanket exemption certificate with permit number and signature on any tax exempt sale except for out of state internet bidders.

7. PAYMENT - All items purchased in person must be paid for on the day of the auction in cash, personal or company check with proper ID, cashiers check, traveler's check, money order, Visa, MasterCard. All items purchased through absentee and phone bidding will be paid for in the manner described on the Absentee Bid Form which is available at the gallery or online at www.appletreeauction.com. For items bought through Artfact Live! Live Auctions, it is the buyer's responsibility to contact Apple Tree Auction Center via telephone 740-344-4282 or email at info@appletreeauction.com to arrange payment. Apple Tree Auction will email an invoice to you within 3 days from the date of the sale. We accept cash, personal or company check with proper ID, cashiers check, traveler's check, money orders, wire transfers, Visa, MasterCard, or American Express. Failure to make payment arrangements within 7 days following the auction will result in a NPB being placed on your Artfact account. If paying by check, Apple Tree Auction reserves the right to hold the property until the check has cleared.

8. SHIPPING - Shipping of small items will be handled in house. Any item that cannot be sent through USPS or similar carrier must be sent be by common carrier or specialty delivery services. You may contact these shippers for quotes on larger items. We will also provide the buyer with a list of alternative local shippers that have been used in the past if you would prefer. It is the buyer's responsibility to pay all fees associated with shipping and packing. Estimates for in house shipping: $9 for material and labor for 12 x12 x12 interior carton. All items will be double boxed. Actual shipping cost and insurance are not included in $9 handling cost. Adjustments will be made for smaller or larger shipments. info@appletreeauction.com for additional shipping information. All property should be removed from our premises no later than 5:00 P.M. of the 14th business day following the end of the auction. Unless prior arrangements have been made with Apple Tree Auction, items not removed by the specified time will be charged storage and handling fees of $10.00 per item per day until removal. Please note that removal deadlines are strictly enforced.

9. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property.

10 Apple Tree Auction reserves the right to withdraw any lot at any time before the auction without liability.

11. The auctioneer reserves the right to reject any bid not commensurate with the value of the property offered.

12. A range of estimates is given on each lot with a low and a high estimate. Estimates should not be relied on as a prediction of the actual selling price, Estimates are simply an opinion.

13. If any applicable conditions herein are not complied with by the purchaser, Apple Tree Auction at its option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property at public auction without reserve or minimum selling price, and the purchaser will be liable for any deficiency and costs, including handling charges, expenses of both sales, the commission on both sales at regular rates, all other charges due hereunder and incidental damages.

Your bid is a contract. Place a bid only if you're serious about buying the item. If you are the successful and winning bidder, you have entered into a legally binding contract to purchase the property bid on from the seller. You should contact the seller to resolve any questions before bidding. The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubt on Apple Tree Auction's part 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, Apple Tree Auctions sale record is conclusive. NOTE FIREARMS CAN NOT BE SHIPPED OUTSIDE THE U.S.A.

For items bought through Invaluable.com, it is the buyer's responsibility to contact Apple Tree Auction Center via telephone 740-344-4282 or email at info@appletreeauction.com to arrange payment. Apple Tree Auction will email an invoice to you within 3 days from the date of the sale. We accept cash, personal or company check with proper ID, cashiers check, traveler's check, money orders, wire transfers, Visa or MasterCard. We will run partial payments on credit cards if amount will not process. If you have not contacted Apple Tree Auction to arrange payment within 24 hours of time that invoice is sent, we will charge the credit card you used to register for the auction for the amount of your invoice. Failure to make payment arrangements within 7 days following the auction will result in a NPB being placed on your Artfact account. If paying by check, Apple Tree Auction reserves the right to hold the property until the check has cleared.

Shipping of small items will be handled in house. Any item that cannot be sent through USPS or similar carrier must be sent be by common carrier or specialty delivery services. You may contact these shippers for quotes on larger items. We will also provide the buyer with a list of alternative local shippers that have been used in the past if you would prefer. It is the buyer's responsibility to pay all fees associated with shipping and packing. Estimates for in house shipping: $9 for material and labor for 12 x12 x12 interior carton. Actual shipping cost and insurance are not included in $9 handling cost. Adjustments will be made for smaller or larger shipments. Contact info@appletreeauction.com for additional shipping information. All property should be removed from our premises no later than 5:00 P.M. of the 14th business day following the end of the auction. Unless prior arrangements have been made with Apple Tree Auction, items not removed by the specified time will be charged storage and handling fees of $10.00 per item per day until removal. Please note that removal deadlines are strictly enforced.

There will be a buyer's premium of 20% added to the hammer price of each lot and it will be considered part of the total purchase price.

All purchases will be subject to a 7.25% Ohio sales tax unless the purchaser possesses a valid tax-exempt number. Out of state internet bidders are not subject to Ohio sales tax.

All items are sold "AS IS, WHERE IS" with all faults. There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. Condition requests are available upon request, but must be submitted no later than 24 hours prior to start time of auction. All items are available for your examination prior to bidding. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. Apple Tree Auction attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. If your item(s) are damaged in shipping, you will need to contact the shipper to file a claim. If your item(s) are being shipped and there is a condition problem upon receipt, you are expected to notify us immediately by phone at 740-344-4282. All sales are final!