Lot 4242: WILLIAM J AYLWARD (AMERICAN 1875-1956) OIL ON CANVAS SHIPS AT TWILIGHT, SIGNED LOWER LEFT, DATED 1907 AND INSCRIBED TO DR. ERNEST B....

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. NOTE: NEW SHIPPING TERMS
Shipping of small unbreakable items will be handled in house. For fragile items, such as glass, china, pottery & figurines, we recommend the local UPS Store. They can be reached at (740) 366-0100 or store6576@theupsstore.com. Any item that cannot be sent through USPS or similar carrier must be sent 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 x 12 x 12 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.

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.
All firearm purchases require ATF form 4473 completed by customer and background check completed by Apple Tree Auction. Once background check is approved, customer may remove firearms from premises. Dealers must provide copy of current Federal Firearms License prior to firearm removal.
Antique, MZ and flintlocks designated in description by ******** do not require ATF background checks.
All firearms being shipped must go to an ATF dealer of your choice. Copy of Federal Firearms License is required prior to shipping.

• TAJAN is an auction house specialised in moveable property governed byFrench Act no. 2000-642 of July 10th 2000.TAJAN acts as the seller's agent. The auctioneer is not a party to the saleagreement, which is solely binding on the seller and the successful bidder.

GENERAL TERMS

These general terms and conditions of sale, the sale and all matters relating thereto are governed by French law; the sellers, buyers and their agents accept that the courts of Paris (France) alone shall have jurisdiction over any legal action. These general terms and conditions are independent. Purchases must be made in cash and prices are stated in euros (€).

WARRANTIES

The seller warrants to TAJAN and to the buyer that he/she is the undisputed owner of the items offered for sale or that he/she has been authorised by the undisputed owner, that the said items are not encumbered by any claim, dispute, attachment, reservation or pledge and that he/she can legally transfer ownership of these items.

The information included in the catalogue is prepared by TAJAN with the assistance of the Expert, if necessary, with the care required for public auctions, subject to the notices, declarations and amendments announced upon presentation of the item and noted in the record of sale. This information, including the dimensions set out in the catalogue, is provided to help the potential buyer inspect items and must be assessed personally by him/her.
If no information on restoration, an accident, retouching or any other incident is provided in the catalogue, the condition reports or labels or during a verbal announcement, this does not mean that the item is void of defects.
Inasmuch as buyers are given the opportunity to examine works displayed prior to the sale, no claim may be made after the sale is complete.
Buyers may obtain a condition report on items included in the catalogue that are estimated at more than €1000 upon request. The information contained in such reports is provided free of charge and solely to serve as an indication.
It shall by no means incur the liability of TAJAN. In the event of a dispute concerning inter alia the authenticity or origin of items sold, TAJAN is bound by a best endeavours obligation; its liability may only be incurred if evidence is provided that it committed a wrongdoing.

ESTIMATES AND RESERVE PRICES

The estimated sale price appears beside each lot included in the catalogue.
It does not include the buyer's premium or VAT. The reserve price is the minimum confidential price agreed with the seller. If the reserve price is not met, the item will not be sold. The reserve price may not exceed the lowest estimate set out in the catalogue or announced publicly by the accredited auctioneer and noted in the auction house's files.
If no reserve price is set, TAJAN shall not incur any liability vis-à-vis the seller if the item concerned is sold at a price lower than the lowest estimate published in the sale catalogue.

BIDS

All individuals who register with Tajan shall have the right to access and rectify the personal data they provide to Tajan in accordance with the French Data Protection Act of 6 January 1978, as amended by the Act of 6 August 2004. Auctions will be carried out following the order of the lot numbers as they appear in the catalogue. Tajan is free to set the increment of each bid and all bidders must adhere to this process. The highest and last bidder will be the successful bidder. In the event of a dispute during the bidding process, that is, if two or more bidders simultaneously place the same bid, either orally or by a signal, and each claim the item concerned when the auctioneer has declared the item "sold", the said item will be re-auctioned immediately at the price offered by the bidders and all those present may take part in this second auction.
Any individual who makes a bid during the sale shall be deemed to be doing so in his/her own name; he/she shall assume full responsibility for his/her bid, unless he/she registered him/herself as an agent with Tajan and stipulated that the bid was being made for a designated third party. In the event the seller sets a reserve price, Tajan reserves the right to propose
bids on the seller's behalf until such time as the reserve is met.

ABSENTEE BID FORMS AND TELEPHONE BIDS

For significant purchases, a buyer may be asked to provide a bank letter of credit. If several absentee bid forms are submitted for the same item, the first order received will take priority. Telephone bids may be placed by clients who cannot attend the auction. Telephone bidding can only be arranged for lots with sale estimates over €400.
This is a service graciously provided free of charge to the client. TAJAN, its employees, agents and representatives shall not incur any liability in the event of an error or omission in the execution of orders received or the non execution of orders.


CURRENCY CONVERSION

Sales are carried out in euros. A currency conversion panel will be displayed at certain auctions. The currency rates shown are provided for information purposes only. TAJAN shall under no circumstances be held liable for any errors that occur in the conversion of currencies. Information provided in euros by the accredited auctioneer alone shall be valid.

AMOUNTS PAYABLE BY THE BUYER
The buyer must pay TAJAN, in addition to the "hammer price", commission of 25% excl. tax of the sale price on the first €60 000, 20% excl. tax after €60 001 and up to €1 200 000, 12% excl. tax for the portion above €1 200 000. In addition, VAT shall be charged at the rate of 20% . Items originating from a country outside the European Union shall be marked with the symbol f and ff.
f: In addition to the regular buyer's premium, a commission of 5.5% (i.e., 6.6% inclusive of VAT) will be charged to the buyer.
ff: In addition to the regular buyer's premium, a commission of 20% (i.e.24% incl. VAT) will be charged to the buyer.
These additional costs may, in certain cases, be reimbursed to the buyer.
For more information, please contact our payment department on
+33 1 53 30 30 33.

PAYMENT

Payment must be made immediately after the sale. If the successful bidder did not register before the sale, he/she must provide proof of identity and bank references.
Payments may be made by one of the following methods:
- Bank transfer in euros,
- Visa card or Master Card (subject to the presentation of valid proof of identity).
- In cash in euros: for Individual European Union resident, and for all professionals, to an equal or lower amount of €1000.
- In cash in euros: for Individual only and non European Union resident, to an equal or lower amount of €15 000.
- Certified banker's draft in euros subject to the presentation of valid proof identity.
Cheques drawn on a foreign bank will not be accepted.
Cheques and bank transfers must be denominated in euros and made out to the order of TAJAN SA; you have the choice to pay on either banks:

BANQUE HSBC -Saint Augustin, 75008 Paris, France
IBAN FR 76 3005 6009 2409 2400 1375 856
Code SWIFT CCFRFRPP
Code banque 30056
Code guichet 00924
Compte 0924001 3758
Clé 56


BANQUE OBC - 3, avenue Hoche, 75008 Paris, France
IBAN FR 76 3078 8009 0001 1409 5000 159
Code SWIFT NSMBFRPP
Code banque 30788
Code guichet 00900
Compte 01140950001
Clé 59

TAJAN's payment department is open every working day from 9:00 AM to 12:30 PM and from 2:00 PM to 5:30 PM.
T. +33 1 53 30 30 33, or +33 1 53 30 30 36.

Buyers may only take possession of items sold after TAJAN has received full payment of the sale price and the related commission and costs.
As soon as an item is pronounced "sold", it shall be placed under the sole responsibility of the buyer. It shall be the buyer's responsibility to insure the item purchased immediately.

NON-PAYMENT
In accordance with Article 14 of French Act no. 2000-642 of July 10th 2000, if the successful bidder fails to pay for an item after the issuance of a formal demand that remains without effect, the item shall be re-auctioned at the seller's request. If the price of the new bid is lower than the original false bidder's price, the false bidder shall pay the difference. If the seller does not make such a request within one month of the auction, the sale shall be cancelled by operation of law, without prejudice to the damages payable by the false bidder.
TAJAN reserves the right to claim the following from the false bidder:
- interest at the statutory rate,
- the reimbursement of the additional costs incurred by reason of his/her
default,
- payment of the sale price or:
- the difference between this price and the resale price if the latter is
lower, as well as the costs incurred in relation with the re-auction.
- the difference between this price and the original false bidder's price if the latter is lower, as well as the costs incurred by the re-auction.
TAJAN also reserves the right to offset any amounts which the false bidder owes to it.
TAJAN reserves the right to ban any bidder who fails to comply with its general terms and conditions of sale from attending any future auction.

FRENCH STATE'S RIGHT OF PRE-EMPTION

The French State has a right of pre-emption in respect of certain works of art offered at auction. If the State wishes to exercise this right in respect of a sale, it must express its intention to do so within 15 days of the sale. In this case, the State shall be substituted for the last highest bidder.

IMPORT AND EXPORT

The import and export of goods may be subject to authorisation (export certificates, customs authorisations). It is the buyer's responsibility to check which authorisations are required.

COLLECTION OF ITEMS PURCHASED

The buyer may not take receipt of any lot until such time as he/she has paid all amounts due in full delivery of the goods. In the event of a payment by cheque or bank transfer, delivery of the goods may be deferred until such time as the payment has cleared.
In this case, storage costs shall be borne by the buyer and TAJAN shall incur no liability whatsoever in this respect.

NOTE: NEW SHIPPING TERMS
Shipping of small unbreakable items will be handled in house. For fragile items, such as glass, china, pottery & figurines, we recommend the local UPS Store. They can be reached at (740) 366-0100 or store6576@theupsstore.com. Any item that cannot be sent through USPS or similar carrier must be sent 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 x 12 x 12 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!

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!