Lot 79: JOHN WELLS JAMES, (AMERICAN 1873-1951), VILLAGE SCENE

Live bidding may start higher or lower

$0 - 200,000:30.0%

$200,001 - 3,000,000:25.0%

$3,000,001+:17.0%

All property offered and sold through Freeman's, ("Auctioneer", or "Broker", or the "Company") shall be offered and sold on the terms and conditions set forth in these Conditions of Sale. By participating in any sale, you acknowledge that you are bound by these terms and conditions.

Freeman's has made every effort to catalogue and describe accurately property to be sold. The Company, however, assumes no risk, liability or responsibility for the identification or authenticity or authorship, or weight, count, or measure of any property identified in its catalogue or lists of sale. This shall include, among others, the identity of the creator, the period, culture, source of origin, as the case may be, with which the creation of any property is identified in any publication.

ALL PROPERTY IS SOLD "AS IS". THE CONSIGNOR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO ANY PROPERTY OFFERED FOR SALE, SINCE THE AUCTIONEER IS ACTING SOLELY AS AN AUCTION BROKER, AND, UNLESS OTHERWISE STATED, DOES NOT OWN THE PROPERTY OFFERED FOR SALE. THEREFORE, THE AUCTIONEER MAKES NO WARRANTY OF TITLE, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY.

In no event shall it be responsible for the correctness, nor deemed to have made any representation or warranty of description, genuineness, attribution, provenance or condition of the property and no statement by anyone or in the catalogue, in any advertisement, or which is made at the sale, in the bill of sale or invoice, or elsewhere, shall be deemed such a warranty or representation or an assumption of liability. Without in any way waiving the foregoing, any complaint regarding authenticity, genuineness, attribution or provenance shall be made within twenty-five (25) days of the day of sale or such complaint shall be waived. All bidders acknowledge their right to have made or requested full inspection of any and all properties prior to sale and agree to be charged with all matters such inspection may have disclosed or indicated. Inspection on the day of sale will be permitted only upon prearrangement with the COMPANY.

Freeman's reserves the right to withdraw any property at any time before the fall of the hammer in its sole and exclusive discretion.

Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the printed catalog. Freeman's reserves the right to determine any and all matters regarding the order, precedence or appropriate increment of bids or the constitution of lots.

The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have the sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after sale, the Company's sale record shall be conclusive in all respects.

If the auctioneer determines that any opening or later bid or any advance of bidding is not commensurate with the value of the article offered, the auctioneer may reject the same and withdraw the article from sale.

Upon the fall of the hammer, title to any offered lot or article will immediately pass to the highest bidder as determined in the exclusive discretion of the auctioneer. Such bidder thereupon assumes full risk and responsibility for the property sold, agrees to sign any requested confirmation of purchase, and agrees to pay the full purchase price therefore or such part upon such terms as the Company may require. All property shall be paid for and removed by the purchaser at his/her expense within ten (10) days of sale and, if not so removed, may be sold by the Company, or sent by the Company to a public warehouse, at the sole risk and charge of the purchaser(s), and the Company may prohibit the purchaser from participating, directly or indirectly, as a bidder or purchaser in any future sale or sales. The Company will not be responsible for any loss, damage, theft, or otherwise responsible for any goods left in the Company's possession after ten (10) days. If the foregoing conditions or any applicable provisions of law are not complied with, in addition to other remedies available to the Company and the Consignor (including without limitation the right to hold the purchaser(s) liable for the bid price) the Company, at its option, may either cancel the sale, retaining as liquidated damages all payments made by the purchaser(s), or resell the property. In such event, the purchaser(s) shall remain liable for any deficiency in the original purchase price and will also be responsible for all costs, including warehousing, the expense of the ultimate sale, and the Company's commission at its regular rates together with all related and incidental charges, including legal fees. Payment is a precondition to removal. Payment shall be by cash, certified check or similar bank draft, or any other method approved by the Company. Checks will not be deemed to constitute payment until cleared. The Company will charge interest of one and one-half percent (1 1/2%) per month on any balance remaining thirty (30) days after the day of sale. Any exceptions must be made upon the Company's written approval of credit prior to sale.

Unless the sale is advertised and announced as "without reserve", each lot is offered subject to a reserve and the Company may implement such reserves by bidding through its representatives on behalf of the Consignors. In certain instances, the Consignor may pay less than the standard commission rate where the Company or its representative is a successful bidder on behalf of the Consignor. Where the Consignor is indebted to the Company, the Company may have an interest in the offered lots and the proceeds there from other than the broker's Commissions, and all sales are subject to any such interest.

No "buy" bids shall be accepted at any time for any purpose.

Any pre-sale bids must be left in writing with the Company prior to commencement of offer of the first lot of any sale. The Company's copy of any such bid shall conclusively be deemed to be the sole evidence of same, and the Company shall not be held responsible for any failure to execute any pre-sale bid.

A buyer's premium will be added to the successful bid price and is payable by the purchaser as part of the total purchase price. The buyer's premium is 25% of the successful bid price up to and including $200,000, 20% between $200,001 and $3,000,000, and 12% on any amount in excess of $3,000,001. Please note that Invaluable charges an additional 5% to the Buyer's Premium for their services

Unless exempted by law from the payment thereof, the purchaser will be required to pay any and all applicable state and/or local sales taxes. Deliveries to be made outside the state where a sale is conducted may therefore be subject to a corresponding or compensating tax in another state.

All property offered and sold through Samuel T. Freeman & Co., ("Auctioneer", or "Broker", or the "Company") shall be offered and sold on the terms and conditions set forth in these Conditions of Sale. By participating in any sale, you acknowledge that you are bound by these terms and conditions.

1. Subject to any reserve price and the Vendors right to bid, the highest bidder shall be the purchaser and in the event of any dispute the lot may be re-offered and the Auctioneers decision shall be final.
2. Advances in the bidding shall be regulated by the Auctioneer and unless otherwise advised will be at least twenty percent in advance of the previous bid, no party will be allowed to retract the bid after once taken.
3. The Auctioneer may, without giving any reason, refuse to accept the bid of any person.
4. On the fall of the hammer the Purchaser shall give their name and address and shall (if required) immediately pay down twenty-five cents in the dollar in part payment of the purchase money, such payment to be applied to the lot so purchased or the entire invoice of purchases by such buyer. The purchaser shall complete the Buyer's Bid Card, in default the lot or lots so purchased may, at the Auctioneers absolute discretion be immediately put up again and resold.
5. The purchaser shall be deemed to be the Principal unless prior to the sale they have disclosed to the company that they will be bidding on behalf of a Principal whose name and address shall be disclosed to the Auctioneer.
6. The Purchaser and the Vendor authorise the Auctioneer and/or the Auctioneer's clerk to sign on their behalf the sale book which with these conditions shall, except as otherwise provided by State or Federal law, constitute the whole contract between the Vendor and the Purchaser to the exclusion of everything else.
7. On the fall of the hammer each lot shall be at the PURCHASER'S RISK AND EXPENSE and shall be paid for in CASH immediately on completion of the sale, and prior to delivery but in the event of delivery being made or possession obtained by the Purchaser or their Representative, prior to payment IN FULL of the purchase money the TITLE in the lost shall not pass to the Purchaser. A 25% buyers premium (+ gst) of the hammer price is charged on all lots sold.
8. Except as otherwise provided by State or Federal Law, no condition or warranty is implied by the Auctioneer with any lot offered. As all lots are open for inspection prior to the commencement of the sale, it is assumed that the goods have been inspected and are sold with all faults, if any. Except as otherwise provided by State or Federal law, no compensation shall be made in respect of any fault or error of description of any lots sold, no lot shall be sold or deemed to be sold by catalogue description.
9. Any statement as to the quantity of goods is approximate only and is represented to the Company. The company gives no warranty that quantities as stated are correct. In addition to any other rights the Purchaser may have compensation for shortages in quantity shall be given if demanded in writing before delivery of the goods. In the event of any dispute as to compensation, dispute shall be settled by an arbitrator who shall be a person mutually agreed upon by the parties.
10. No purchases may be removed until after the conclusion of the Auction: all purchases must be paid for and collected within two (2) working days of the completion of the sale or as specified at the time of sale. If not paid for and collected within the specified time frame the purchaser will be liable for a $5 PER DAY PER LOT storage charge.
11. If any Purchaser shall fail to comply with these conditions or if any cheque given on account of the purchase is dishonoured, any monies which such Purchaser shall have paid to the Auctioneers on account of their purchase of purchases shall be absolutely forfeited to the Vendors and the Vendors or the Auctioneers shall be at liberty to sue such Purchaser for damages, or at their option to resell the lot in any manner and upon such terms and conditions as they think proper.
12. All losses and expenses incurred by the Vendor or the Company resulting from any resale and all damages which the Vendor or the Company may sustain hereby shall be recoverable from the Purchased as liquidated damages and the Vendor or the Company shall not be obligated to give any notice of such resale. Without limiting the generality of the foregoing, the company shall be entitled in the event of such resale to:
A) The amount of any commission lost on a purchase as the result of the Purchaser not proceeding with the purchase.
B) The costs of advertising in respect of any such purchases.
13. Customers unknown to us will receive a pro form invoice, goods will not be released until payment and clearance is complete. The prices are in $AUD and exclude postage and packaging. Postage and packing can be arranged and will incur a $20 handling fee.
WARNING If is an offence against the Auctioneers and Agents Act 1941 for any person to engage in, or to induce or attempt to induce another person to engage in, any collusive practice which may hinder free and open competition at an auction sale, whether by a) restricting the bidding b) abstaining from bidding or c) any other activity which may hinder free and open competition. Section 85C. The actual successful bidder at an auction sale must give to the Auctioneer or an employee of the Auctioneer on the day of the auction his/her name or, where he/she acts as an agent the name of his/her Principal. It is an offence not to do so. Terms are cash, eftpos, visa, mastercard (1% surcharge apply) and American Express (3.2% surcharge applies) and direct deposit. Cheque by prior arrangement only and at management's discretion. 25% buyers premium (+GST) applies to all lots sold.

Freeman's does not offer packing, shipping or freighting service. ALL shipping is the sole responsibility of the buyer. Upon completion of the transaction, please call or email a shipper of your choice; you may call one shipper to do the job but are also welcome to call several in order to get quotes (please make sure this is clear to those you are calling)

A buyer's premium will be added to your successful bid at the rate of 25% on the first 200,000, 20% between 200,001 and 3,000,000, and 12% thereafter. Be sure to factor in the buyer's premium when determining your maximum bid. Invaluable/eBay charges an additional 5% fee that will be added to your buyer's premium.

Unless exempted by law, from the payment thereof, the purchaser will be required to pay any and all applicable state and/or local sales taxes. Deliveries to be made outside the state where a sale is conducted may therefore be subject to a corresponding or compensating tax in another state.

Descriptions provided in both printed and on-line catalogue formats do not include condition reports. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. Interested bidders are strongly encouraged to request a condition report on any lots upon which they intend to bid, prior to placing a bid. All transactions are governed by Freeman's Conditions of Sale. Samuel T. Freeman & Co. has made every effort to catalogue and describe accurately property to be sold. The Company, however, assumes no risk, liability or responsibility for the identification or authenticity or authorship, or weight, count, or measure of any property identified in its catalogue or lists of sale. This shall include, among others, the identity of the creator, the period, culture, source of origin, as the case may be, with which the creation of any property is identified in any publication.

Descriptions provided in both printed and on-line catalogue formats do not include condition reports. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. Interested bidders are strongly encouraged to request a condition report on any lots upon which they intend to bid, prior to placing a bid. All transactions are governed by Freeman's Conditions of Sale. Samuel T. Freeman & Co. has made every effort to catalogue and describe accurately property to be sold. The Company, however, assumes no risk, liability or responsibility for the identification or authenticity or authorship, or weight, count, or measure of any property identified in its catalogue or lists of sale. This shall include, among others, the identity of the creator, the period, culture, source of origin, as the case may be, with which the creation of any property is identified in any publication.