Lot Number: Lowest
24
Auction Details
Bid Increments
PriceBid Increment
$0$10
$100$25
$250$50
$1,000$100
$2,000$250
$5,000$500
$10,000$1,000
$50,000$2,500
$100,000$5,000
$1,000,000$10,000
Preview
Wednesday, January 6 through Tuesday, January 12; Noon to 8pm each day.
65 East 93rd Street
New York, NY 10128
USA
Buyer's Premium
- 22%
Terms & Conditions
SPECIAL TERMS & CONDITIONS
FOR GUERNSEY'S TAVERN ON THE GREEN AUCTION
1) PROMPT PAYMENT & REMOVAL OF PURCHASES
Inasmuch as access to Tavern on the Green will be available for only a short
time following the auction, IT IS ESSENTIAL THAT PURCHASES BE PAID FOR AND
REMOVED PROMPTLY.
It is the obligation of each successful bidder, whether in person, by
internet, as an absentee bidder or otherwise, to MAKE PAYMENT IN FULL by
certified check, bank check, wire transfer, personal check, cash or credit
card ON OR BEFORE JANUARY 22, 2010 and to REMOVE ALL PURCHASES, after
payment, PRIOR TO FEBRUARY 8, 2010.
THE SUCCESSFUL BIDDER WILL BEAR RISK OF LOSS FOR ALL ITEMS WHICH HAVE NOT
BEEN PAID FOR AND REMOVED PRIOR TO THE ABOVE DATE. Time is of the essence
as to payment and removal. Neither Guernsey's nor the Consignor has any
obligation regarding storage or shipment.
Effective February 8, 2010, Tavern on the Green will lose possession of its
space and all items which have not been paid for and removed may become the
property of the City of New York. In such event, the successful bidder will
lose the right to retrieve the property but will remain liable for payment
of all amounts due, together with reasonable attorneys' fees in the event
litigation is required to secure payment.
Please see Guernsey's Standard Terms & Conditions for additional
information.
2) ALL PROPERTIES ARE SOLD AS IS, and neither we nor the Consigner make any
warranties or representations with respect to any lot sold including but not
limited to the correctness of the catalogue or other description of the
origin, physical condition, size, quality, rarity, attribution, authorship,
importance, medium, provenance, exhibitions, literature or historical
relevance of the property, and no statement anywhere, whether oral or
written, shall be deemed such a warranty or representation. A note about
the chandeliers: Due to their age and complexity (most chandeliers contain
hundreds if not thousands of pieces) some chandeliers may contain cracked or
otherwise damaged elements. Buyers, and/or their representatives, are urged
to carefully inspect these items as all lots in this auction are being sold
as is.
3) PROFESSIONAL ASSISTANCE WILL BE NECESSARY FOR REMOVAL OF CERTAIN ITEMS
Whereas many of the items at Tavern on the Green can be easily removed (such
as a carton of china or a framed painting) certain items will require
professional expertise to dismantle and remove. Because the sale is being
held at Tavern, during the auction items will remain in place where they
were while the restaurant was operational. For items that are physically
attached to the restaurant's structure, the services of a professional will
be required to remove them, and the costs for such services will be the
responsibility of the buyer.
For example, a chandelier or etched glass mirror that was installed in the
Chestnut Room will remain hanging in the Chestnut Room during the auction,
and it will be the buyer's responsibility to have such an item
professionally removed.
Buyers are free to engage their own preferred professional or TAKE ADVANTAGE
OF ORGANIZATIONS THAT HAVE SPECIFIC EXPERTISE HANDLING THE DELICATE AND
COMPLEX ARTIFACTS OF THE TAVERN. As an accommodation to buyers,
representatives of several such firms will be onsite prior to and during the
auction. These companies are listed below, should buyers wish to consult
with them in advance of the auction:
Gemini Cut Glass (Chandeliers) Eric Zelwian
201-568-7722
Sigstedt Design Studio (Stained glass) Val Sigstedt
215-297-5924
Art Groove (Murals) Ron Genereux
212-244-7199
Mana Fine Art (packing & transport) Vanessa White
800-330-9659 ext 512
Micha Long 800-330-9659 ext 424
(Please be aware that neither Guernsey's nor Tavern on the Green will
receive any portion of fees buyers may agree to pay for professional
services, and neither Guernsey's nor Tavern on the Green participates in nor
will have any responsibility or liability for any transaction between a
buyer and a professional service provider.)
4) ALL POSTED QUANTITIES FOR LARGE LOTS ARE APPROXIMATE
Every effort has been made to provide accurate counts of items existing in
quantity that are being sold in this auction. However, with Tavern on the
Green still in operation as these inventories were recorded, numbers are
subject to minor change.
For example, a lot containing 10 dozen tablecloths would be presumed to
include 120 items. However, if 3 tablecloths were needed by the restaurant
during its final days and became soiled to the extent that they could not be
cleaned, that lot would contain 117 tablecloths.
To help protect the buyer from these potential shortfalls, Guernsey's has
not included every item currently in stock in its lot offerings, which
should, in most cases, allow for the replenishing of items lost to
restaurant use. NEVERTHELESS, ALL POSTED QUANTITIES FOR LARGE LOTS ARE
APPROXIMATE.
Standard Terms & Conditions
The online and CD catalogue and printed auction listing, as amended by any
posted notices during the sale, together with the purchaser's registration
statement, is Guernsey's and the Consigner's entire agreement with the
purchaser relative to the property listed herein. The following conditions
of sale are the only terms and conditions by which all properties are
offered for sale. The property will be offered by us as the agent for the
Consigner unless the catalogue indicates otherwise. By bidding at auction,
whether present in person or by agent, by written bid, telephone, internet
or by other means, the buyer agrees to be bound by these Conditions of Sale.
1. ALL PROPERTIES ARE SOLD AS IS, and neither we nor the Consigner make any
warranties or representations with respect to any lot sold including but not
limited to the correctness of the catalogue or other description of the
origin, physical condition, size, quality, rarity, attribution, authorship,
importance, medium, provenance, exhibitions, literature or historical
relevance of the property, and no statement anywhere, whether oral or
written, shall be deemed such a warranty or representation. All sizes listed
are approximate and listed in inches, unless otherwise specified.
Prospective bidders should inspect the property before bidding to determine
its condition, size, and whether or not it has been repaired or restored. WE
AND THE CONSIGNOR DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE. NO WARRANTIES ARE MADE THAT ANY OF THE
MERCHANDISE COMPLIES WITH ANY APPLICABLE GOVERNMENTAL RULES, REGULATIONS OR
ORDINANCES OF ANY KIND OR NATURE WHATSOEVER. Neither Guernsey's as agent nor
the Consigner is responsible for any faults or defects in any lot or the
correctness of any statement as to the authorship of any origin, authorship,
date, age, attribution, genuineness, provenance or condition of any lot.
2. A buyer's premium of 22% will be added to the purchase of all lots in
the sale. This premium is payable by the purchaser as part of the total
purchase price. Guernsey's also receives a commission directly from the
Consigner.
3. We reserve the right to withdraw any property before the sale.
4. Unless otherwise announced by the auctioneer, all bids are per lot as
numbered in the catalogue.
5. All bids placed, and all payments made must be in U.S. dollars drawn on
a U.S. Bank.
6. Payments are due promptly at the conclusion of the auction, and in the
case of absentee and internet bidders, immediately upon receipt of invoice.
7. We reserve the right to reject any bid. The highest bidder, acknowledged
by the auctioneer, will be the purchaser. In the event of a dispute between
bidders, or in the event of doubt on our part as to the validity of any bid,
the auctioneer will have the final discretion whether to determine the
successful bidder or to re-offer and resell the article in dispute. If any
dispute arises after the sale, our sale records are conclusive. Although in
our discretion, we will execute other order bids or accept telephone bids as
a convenience to clients who are not present at auctions, we are not
responsible for any errors or omissions in connection therewith.
8. If the auctioneer decides that any opening bid is below the value of the
article offered, he or she may reject the same and withdraw the article from
sale, and if having acknowledged on opening bid, he or she decides that any
advance thereafter is insufficient, he or she may reject the advance.
9. A Reserve is the confidential minimum price below which such a lot will
not be sold. Should an item have a reserve, said reserve will be indicated
either in the lot description (RESERVE), or on the Addenda, as well as in
the online catalogue. We may implement such reserves by bidding on behalf
of the Consignor. In certain instances the Consignor may pay us less than
the standard commission rate where a lot is "bought in" to protect its
reserve. Where the Consignor is indebted to us or has a monetary guarantee
from us, and in certain other instances where we or any affiliated companies
may have an interest in the offered lots and the proceeds there from other
than our commission, we may bid therefore to protect such interests.
Guernsey's may act to protect the reserve by bidding through the auctioneer.
The auctioneer may open bidding on any lot below the reserve by placing a
bid on behalf of the seller. The auctioneer may continue to bid on behalf of
the seller up to the amount of the reserve either by placing consecutive
bids or by placing bids in response to other bidders.
10. Lots marked with W following their number are the property of Warner
LeRoy Family Interests, and have not been consigned by Tavern on the Green.
11. On the fall of the auctioneer's hammer, title to the offered lot will
pass to the highest bidder acknowledged by the auctioneer, subject to
fulfillment by such bidder, of all the conditions set forth herein, and such
bidder thereupon a) assumes full risk and responsibility thereof, but not
limited to, insurance, fire, theft, removal and storage or damage from any
and all causes, and b) will pay the full purchase price thereof or such part
as we may require. In addition to other remedies available to us by law, we
reserve the right to impose a late charge of 1 1/2% per month of the total
purchase price if payment is not made in accordance with the conditions set
forth herein. REGARDING ANY PURCHASER WHO IS REPRESENTED BY A BIDDER:
BIDDERS ARE PERSONALLY AND INDIVIDUALLY RESPONSIBLE FOR ANY OBLIGATIONS OF
THE PURCHASER SET FORTH IN THE TERMS AND CONDITIONS OF SALE. If any
applicable conditions herein are not complied with by the purchaser, in
addition to other remedies available to us and the Consigner by law,
including, without limitation, the right to hold the purchaser liable for
the total purchase price, we at our 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, and the purchaser
will be liable for any deficiency costs including handling charges, the
expenses of both sales, our commissions on both sales at our regular rates,
reasonable attorney's fees, incidental damages, and all other charges due
hereunder. In the event that such a buyer pays a portion of the purchase
price for any or all lots purchased, Guernsey's shall apply the payment
received to such lot or lots that Guernsey's, in its sole discretion deems
appropriate. In the case of default, purchaser shall be liable for legal
fees and expenses. In addition, a defaulting purchaser will be deemed to
have granted us a security interest in, and we may retain as collateral
security for such purchaser's obligations to us, any property in our
possession owned by such purchaser. We shall have the rights afforded a
secured party under the New York Uniform Commercial Code with respect to
such property and we may apply against such obligations all monies held or
received by us for the account of, due from us to, such purchaser. At our
option, payment will not be deemed to have been made in full until we have
collected funds represented by checks, or, in the case of bank or cashier's
checks, we have confirmed their authenticity. Upon collection of funds,
purchaser shall receive a bill of sale for the concerned items of
merchandise.
12. Unless exempted by law, the purchaser will be required to pay New York
state and local sales tax or any applicable compensating use tax of another
state on the total purchase price. Deliveries outside the state may be
subject to the compensating use tax of another state. Where duty or
collection is imposed on Guernsey's by law, it will require payment of these
taxes.
13. These Terms and Conditions of Sale as well as the purchaser's and our
respective rights and obligations thereunder shall be governed by and
construed and enforced in accordance with the laws of the State of New York.
By bidding at an auction, whether present in person or by agent, order bid,
telephone, internet or by other means, the purchaser shall be deemed to have
consented to the exclusive jurisdiction of the State of New York, with
exclusive venue in the County of New York.
14. We are not responsible for the act or omissions of carriers or packers
of purchased lots, whether or not recommended by us. Packing and handling of
purchased lots by us is at the entire risk of the purchaser. In no event
will our liability to a purchaser exceed the purchase price actually paid.
15. Should any disputes arise pertaining to purchases at this auction or
any other matters relating to the auction, such disputes shall be brought in
the courts of the State of New York. Venue shall be within the County of New
York.
16. Any claim regarding a purchase must be made by the successful bidder to
Guernsey's, in writing, certified mail, return receipt requested, within 90
days of the final day of the live auction. Thereafter, all claims shall be
time-barred. It is Guernsey's general policy, and Guernsey's has the right
to have the purchase obtain, at the purchaser's expense, the opinion of two
recognized experts in the field, mutually agreeable to Guernsey's and the
purchaser.
17. The copyrights in and to the items depicted in this catalogue, and the
rights of publicity to the names, images and likenesses of persons or items
depicted in this catalogue, are exclusively owned by the Consignor of the
property or third parties. A BUYER OF AN ITEM OFFERED FOR SALE DOES NOT
ACQUIRE ANY COPYRIGHT, COMMERCIAL RIGHT, OR SIMILAR RIGHT WHATSOEVER TO THE
ITEMS OR THE IMAGES OR LIKENESSES CONTAINED THEREIN AND THE BUYER MAY NOT
REPRODUCE ANY ITEM PURCHASED WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE
COPYRIGHT HOLDER. No copies or photographs, catalogue descriptions or other
written material in this catalogue may be reproduced in any manner without
the express written permission of the copyright holder.
Participating in the Auction
Bidding & Pre-establishing Credit In an effort to facilitate your rapid
removal of items immediately following the auction, you can pre-establish
credit with Guernsey's. Having done so, you need only write a check for the
amount of your purchase (assuming it is within the range of your credit
line) and you can remove your purchases. The easiest way to accomplish
establishing credit is to provide an Irrevocable Letter of Credit or a Bank
Letter of Guarantee from your bank stating that they will guarantee your
check up to an indicated amount. Such letters normally have a time limit and
therefore, for this auction, a 14 business day limit from the day of the
auction would be appropriate. The bank letter should include the bank
officer's name and telephone number and should state that the letter is for
Guernsey's Tavern on the Green Auction, January 13 - 15, 2010. The letter
should be addressed to Barbara Mintz, Vice President of Guernsey's, and
indicate the limit to which the checks can be written.
You Can Bid at this Auction without Pre-establishing Credit
Without pre-establishing credit, unless you pay with cash, bank check or
certified check, wire transfer or credit card, your purchases will be held
until your personal check clears (usually about 10 business days). In such
cases you may be responsible for shipping and handling costs. (Please see
Removal/Shipment of Purchases.) Guernsey's may accept current and valid
Visa and MasterCard credit cards for payment of purchases, but under the
express condition that any property purchased by credit card shall not be
refundable, returnable, or exchangeable, and that no credit to buyer's
credit card account will be issued under any circumstances.
Absentee Bidding
Although all are welcome to attend the auction in person, it is clear that
some may wish to participate as Absentee Bidders. To facilitate absentee
bidding, one may bid by completing an Absentee Bid Form and mailing or
faxing the form to Guernsey's prior to the auction. One can also bid by
telephone during the actual auction by contacting Guernsey's well in advance
of the auction dates to arrange for this method of bidding.
Shipping, handling and insurance for all absentee bid items are the
responsibility of the wining bidder. Bidding increments are at the
discretion of the auctioneer. In the case of tie bids the first bid received
will be given priority.
Absentee bidder invoices will be sent promptly by mail and fax and must be
paid in full immediately, upon receipt of invoice. Invoices to Internet
bidders will be sent promptly by email and must be paid in full immediately.
All payments must be received by Guernsey's by January 22, 2010, unless
other specific arrangements have been made in advance with Guernsey's.
Absentee Bid Form Instructions
1. Fill out the Absentee Bid Form which can be downloaded from our website,
or by calling our office. 2. Indicate if you wish to Bid By Phone or Bid By
Mail. If you wish to Bid By Phone, be sure to provide the phone number where
you can be reached during the auction. Phone bids will be executed by
Guernsey's telephoning the bidder on the indicated lots as they are sold at
the live auction. Please return the form early to reserve a phone, as a
limited number of lines are available per lot on a first come basis. 3. All
Top Bid Amounts must be indicated in U.S. dollars. If you wish to Bid By
Mail, you must indicate a Top Bid Amount. If you wish to Bid By Phone we
encourage you to indicate a Top Bid Amount. Although we will make every
reasonable effort to telephone you at the appropriate time during the
auction, our experience indicates that there is always the possibility that
for a variety of technical (and human) reasons we may not be able to reach
you at that time. In the event that were to occur, to avoid disappointment,
WE STRONGLY SUGGEST THAT YOU INDICATE YOUR TOP BID IN THE SPACE PROVIDED
AFTER CHECKING THE BOX AUTHORIZING GUERNSEY'S TO EXECUTE YOUR BIDS UP TO THE
LEVEL INDICATED. 4. Please print clearly and list all lots in numerical
order. Use multiple forms, if needed. 5. Sign and date the form.
Internet Bidding
Those who are unable to attend the auction but would like to participate can
view the full catalogue online, and leave advance absentee bids, as well as
bid live as the sale is taking place at www.Liveauctioneers.com. For
further information, please visit Guernsey's website or Liveauctioneers.com.
Links from the Guernsey's website will be available approximately one month
before the event. Lots listed can be bid on through Liveauctioneers.com
prior to - and during - the live auction.
Removal/Shipment of Purchases (Please see additional "Special Terms &
Condition" for this auction)
PURCHASERS ARE RESPONSIBLE FOR ALL SHIPPING AND PACKING COSTS, AS WELL AS
ALL COSTS ASSOCIATED WITH DISASSEMBLY OR REMOVAL OF ATTACHED ITEMS. Inasmuch
as access to Tavern on the Green will be available for only a short time
following the auction, IT IS ESSENTIAL THAT ALL ITEMS BE PAID FOR AND
REMOVED PROMPTLY. Successful bidders have three options: 1) You may pay for
and remove your portable item(s) yourself anytime during or at the
conclusion of the auction, or 2) you may pay for your item(s) immediately
and then arrange for their removal and packing by a professional art handler
and shipper of your choice and inform Guernsey's of your intent, or 3) you
may make such arrangements with one of the professional companies on site at
the auction.
In some cases, there may be savings of sales tax by the use of a recognized,
licensed transport company. Should you wish to learn more about your
shipping options please contact Guernsey's or one of the companies listed on
the enclosed "Special Terms & Conditions" prior to the auction.
If you are a successful Internet or Absentee Bidder..
1. You will receive an invoice following the auction (Internet bidders
by email, Absentee bidders by snail mail). If you believe you are a
successful bidder and don't receive an invoice, please contact Guernsey's
(212-794-2280; sjaffe@guernseys.com)
2. Payment is due IMMEDIATELY receipt of invoice.
3. Purchases paid for by wire transfer, bank or cashier's check, or
credit card (Visa and MasterCard only) will be available for release
immediately.
4. Purchases paid for by personal or business check will be held until
the check has cleared (please allow 10 business days from receipt of
payment).
Shipping Options for Absentee and Internet Bidders (please see "Special
Terms & Conditions" for more information regarding removal and shipping)
Auction items sold to absentee and Internet bidders must for promptly paid
for and removed from Tavern on the Green no later than February 8, 2010.
Following receipt of payment in cleared funds, you will have the following
options:
1. Pick up your purchases directly from Tavern on the Green.
2. Arrange for your own packing, shipping and pick-up with a shipper of
your choice, notifying Guernsey's of your intent.
3. Arrange with one of the companies represented at the auction site to
provide professional handling and shipping of your purchases.
4. The shipper or carrier you choose will charge you directly for their
fees for packing and shipping your items to you.
Purchasers are responsible for all shipping costs, as well as all costs
associated with the professional disassembly, removal, and packing of their
purchases.
In some cases, there may be savings of sales tax by the use of a recognized,
licensed transport company. Should you wish to learn more about your
shipping options, please contact Guernsey's prior to the auction.
Taxes
Unless exempted by law, the purchaser will be required to pay New York state and local sales tax or any applicable compensating use tax of another state on the total purchase price. Deliveries outside the state may be subject to the compensating use tax of another state. Where duty or collection is imposed on Guernsey's by law, it will require payment of these taxes.
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