Lot 361: Samuel Tilden Daken Tonalist Sunset Painting c1910

BID PRICE: Each buyer must have an assigned Buyer's Number prior to bidding. The highest bidder on a lot shall be the buyer of the lot. The purchase price shall be the sum of (1) the price at which the item is sold, plus (2) A BUYER'S PREMIUM OF 20% ON THE BID PRICE OF EACH LOT , plus (3) sales tax unless the purchaser is exempt by law from such taxes.

ACCEPTANCE OF BID: As each item is sold, the Auctioneer shall announce the winning bid and the Buyer's Number of the winning bid. Failure of the person assigned to the Buyer's Number to object at the time of announcement shall constitute an acknowledgment of the bid and purchase. The purchaser is legally liable to pay for the item or pay the difference if we must re-offer and sell the item for a lower price.

REGULATION OF BID: The Auctioneer shall regulate the bidding and shall be the sole arbiter of any disputes. We reserve the right to withdraw property at any time before the sale and reject a bid from any bidder.

PAYMENT AND PICKUP: The balance of the invoice must be paid in full and merchandise picked up within three days of the date of sale. One week after the auction, left items may be moved to an off-site facility for pickup. A storage fee will be charged if merchandise is left longer than two weeks of $10.00 per lot per day. If the property is left longer than 3 ½ (three and one-half) weeks, it will be considered abandoned. We are not responsible for shipping, but if packing and handling of purchased lots is done by us, it is done at the entire risk of purchaser. A refundable deposit may be required.

Internet purchases are not available for pickup until the following day.

ABSENTEE BIDS: Absentee bids are accepted until fifteen minutes prior to the start of the auction for all lots in the auction. Absentee bids for later lots may continue to be accepted according to announcements or signs posted on the office window. A deposit may be requested on absentee bids over $4000.00. The auctioneer will bid the absentee bid against floor bidders. In the event of a tie, the floor bidder shall prevail. Acstickley assumes no responsibility for failure to execute any bid for any reason and absentee bids are made subject to the Conditions of Sale. Absentee bidders are requested to call after 11am on the first weekday following the sale to find out if they were successful.

NO TRANSFERS: No lots shall be sold, transferred, or assigned to anyone other than the winning bidder prior to the removal of the lot from the Gallery and only the winning bidder shall remove the lot.

RISK OF LOSS: In the event delivery cannot be made because of loss due to fire, theft, or any other reason, Acstickley shall only be liable for the return of any deposits or payments made by the purchaser.

NO WARRANTY; ALL ITEMS SOLD 'AS IS AND WHERE IS' ACSTICKLEY, CALIFORNIA HISTORICAL DESIGN, INC, ITS AGENTS AND EMPLOYEES, AND THE CONSIGNOR DO NOT WARRANT ANY LOT TO BE MERCHANTABLE OR TO BE SUITED FOR ANY PURPOSE AND THEY DO NOT ASSUME ANY RISK, LIABILITY OR RESPONSIBILITY FOR ANY PERSON AS TO AUTHENTICITY, GENUINENESS, CULTURE, SOURCE, ORIGIN, ATTRIBUTION, PERIOD, PURPOSE OR MEASUREMENTS OF ANY LOT. THESE CONDITIONS MAY NOT BE ALTERED OR MODIFIED EXCEPT BY AN INSTRUMENT IN WRITING, SIGNED BY AUCTIONEER AND BUYER.

Any condition statement is given as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. Acstickley shall have no responsibility for any error or omission. 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.

RIGHT OF RESCISSION: Not withstanding the preceding conditions, if within 21 days of the date of sale of any lot, the original purchaser (a) gives notice in writing to us alleging that the identification of Authorship (as defined below) of such lot is not substantially correct based on a fair reading of the catalogue (including the terms of glossary contained therein), and (b) with 10 days after such notice returns the lots to us in the same condition as at the time of sale and (c) establishes the allegation in the notice to our satisfaction then the sale of such lot will be rescinded and the original purchase price refunded. Nothing in this paragraph shall be construed as an admission by us of any representation of fact, express or implied, obligation or responsibility with respect to any lot. The purchaser's sole remedy in the physical condition and size, quality, rarity, importance, provenance,exhibition and literature of historical relevance.

PAYMENT: Cash, cashier's check, wire transfer, personal check (items may be held until the check clears), and ATM, MasterCard & VISA accepted. If any legal action is commenced to enforce these Conditions of Sale, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs. Time is of the essence.

Smaller Items:
We box and ship ourselves, to keep shipping costs low. We do not use a packaging service, unless the customer prefers us to use them. We can ship either USPS or Fed Ex Ground.

Larger Items (Furniture):
Larger piece are shipped via Steve Auger Shipping. He travels coast to coast every month delivering antiques and fine furniture blanket wrap coast to coast. Most larger pieces can be hand delivered for $300 almost anywhere in the lower 48 states.