Lot # : 54 - Richard Bell Smith, Bronze Tree on Granite Rock

TERMS & CONDITIONS: AUCTION BUSINESS: This Auction is being conducted by: Aaron Joseph, LLC dba Aaron Joseph FL AB3775, hereinafter referred to as AARON JOSEPH. PRINCIPAL AUCTIONEER: Joseph F. Kikta, GPPA, CES FL AU4236, GA AU4108 AUCTION LOCATION: 1TALLAHASSEE , FL - Lakeshore Area., Tallahassee, FL 32312 JURISDICTION: The legal jurisdiction of this Auction is Leon County, FL, USA, hereinafter referred to as JURISDICTION. ALL BIDDING WILL OCCUR ONLINE AT: https://www.auctions.aaronjosephauctions.com/auctions/ PREVIEW DATE & TIME PREVIEW DATE & TIME: Monday, November 18, 202 | By Appointment. Text 850-778-3013 or email info@aaronjosephauctions.com to schedule an appointment.. All appointments must be made prior to November 16, 2024 at 5 PM ET. AUCTION BIDDING CLOSES: Wednesday, November 20, 2024 at 12:00 PM ET BUYER'S PREMIUM: 20%, hereinafter referred to as BUYER'S PREMIUM RATE SALES TAX RATE: 7.5%, hereinafter referred to as SALES TAX RATE PICKUP DATE(S) & TIME(S): BY APPOINTMENT ONLY: Friday, November 22, 2024, Saturday, November,23, 2024, Sunday, November, 24, 2024, & Monday, November 25, 2024 | BY APPOINTMENT ONLY. YOU WILL BE TURNED AWAY IF YOU SHOW UP WITHOUT AN APPOINTMENT. ALL ITEMS MUST BE PICKED UP ON THE DAYS SPECIFIED ABOVE. THERE ARE NO EXCEPTIONS TO THIS. ANY ITEM REMAINING AFTER NOVEMBER 25, 2024 WILL BE CONSIDERED ABANDONED PROPERTY. NO REFUNDS WILL BE GIVEN ON ABANDONED PROPERTY. These Terms & Conditions, amended by any published notice, whether posted, printed, or verbal, constitute the entire Terms & Conditions upon which items in this sale will be offered and/or sold by AARON JOSEPH on behalf of any consignor of such items for whom we act as agent. By bidding at this auction, you are expressly agreeing to these Terms & Conditions. Further, by bidding you become party to a negotiation, and expressly agree that in the event that you are the high bidder, and the item or lot of items is declared sold, a contract for sale and purchase is created under the laws of the JURISDICTION. By registering to bid, you are accepting the Terms and Conditions stated herein, and agree to abide by them as a condition for being accepted as a bidder. IF YOU ARE THE HIGH BIDDER FOR A LOT AT THIS AUCTION, YOU ARE ENTERING A CONTRACT FOR SALE AND PURCHASE WITH THE TERMS AND CONDITIONS STATED HEREIN. IF YOU DO NOT AGREE WITH ANY PORTION OF THESE TERMS AND CONDITIONS, DO NOT REGISTER TO BID. PARTIES: AARON JOSEPH and the registered bidder constitute the parties to this agreement. REGISTRATION: Registration is required in order to bid at any AARON JOSEPH Auction. This registration includes your name, address, phone number, email address, and a valid credit card. All bidders are required to register to bid, and receive a paddle number prior to bidding. As part of the bidder registration process, each bidder must attest that they have read and accept these BIDDER TERMS & CONDITIONS. If you have any questions regarding these BIDDER TERMS & CONDITIONS, please ask during the registration process. REGISTERING TO BID WILL BE CONSIDERED SUFFICIENT EVIDENCE THAT A BIDDER ACCEPTS ALL CONDITIONS SET FORTH IN THESE TERMS & CONDITIONS. BIDDING: By bidding at this auction, a bidder is creating a contract, enforceable under the laws of the JURISDICTION stipulated above. Bidding at this auction will be considered sufficient evidence that a bidder accepts all conditions set forth in these TERMS & CONDITIONS and any conditions outlined on the day of the sale. Any individual bidding on behalf of, or as an agent of another individual or company, whether or not such agency is disclosed, and whether or not the identity of the Principal is disclosed, may be jointly and severally liable along with the Principal, under any contract created by the acceptance of a bid. The auctioneer has the authority to accept or reject any and all bids. All bidding is in terms of United States Currency. The auctioneer determines who the high bidder is. The auctioneer's decisions are final. BUYER'S PREMIUM: A Buyer's Premium at the BUYER'S PREMIUM RATE stipulated above will be charged on all purchases. The Buyer's Premium is in addition to your high bid if you are the successful high bidder. For example, if you bid $100.00 at an auction with a 20% Buyer's Premium, and you are the successful high bidder, you will be invoiced $120.00 (Your $100.00 Bid + $20.00 for the Buyer's Premium). Please bid accordingly. There is never a fee to place a bid and no Buyer's Premium is charged unless you are the successful high bidder for a lot or lots at the auction, and are therefore the purchaser of the item(s). SALES TAX: Sales Tax at the SALES TAX RATE stipulated above (State & Local) will be collected on all sales made and delivered to you or to any agent picking purchases up on your behalf. The rules of the State Department of Revenue for the JURISDICTION require that Sales Tax be charged on the total invoice price including Buyer's Premium. Buyers purchasing items for Resale, or Tax Exempt Bidders, are required to provide a current Resale Certificate, or Tax Exempt Certificate, prior to each Auction - so that invoices can be calculated correctly. Sales Tax cannot be removed from an invoice without a current Resale or Tax Exempt Certificate. These certificates must be emailed PRIOR to the auction. Please email them to info@aaronjosephauctions.com. Certificates sent after the auction invoices have been generated will not be recognized for this auction, but will be put on file for future auctions. NO SALES TAX REFUNDS WILL BE ISSUED BECAUSE CERTIFICATES WAS NOT SENT PRIOR TO AUCTION CLOSING. NO WARRANTY: All items are sold "As-is, Where-is" with no warranty express or implied. Time will be made available prior to each Auction for a preview of the items to be sold. It is the buyer's responsibility to carefully inspect the items prior to the Auction to determine condition, authenticity, and/or usefulness. Most items offered for sale are used and may contain defects not immediately detectable. Bidders are encouraged to inspect the property prior to bidding. Bidders must adhere to the preview and inspection exhibition dates and times posted. ALL ITEMS SOLD ARE SUBJECT TO OWNERSHIP RIGHTS, LIENS, AND SECURITY INTERESTS WHICH HAVE PRIORITY BY LAW. All sales are final. DESCRIPTIONS AND PHOTOGRAPHS: Item descriptions or photographs are not to be used in lieu of a personal inspection of that item. Any statement written or verbal, in the catalog, on a condition report, on an invoice, on a bill of sale, or stated before, during or after the auction, or written or stated elsewhere, as to physical condition, history or provenance, origin, age, culture, source, measurement, size, weight, fineness, quality, imperfections or damage, authorship or artistry, usefulness, rarity, importance, historical relevance, where an item has been displayed, exhibited, or previously sold, or as to the items value or any other feature of the item are statements of opinion and not representations or warranties. No employee, agent, or auctioneer of AARON JOSEPH is authorized to make any representation or warranty on behalf of AARON JOSEPH or on behalf of the consignor regarding any item. LANGUAGE: The language spoken at AARON JOSEPH is American English. In many cases however, we do try to accommodate the spoken language(s) of our bidders. Although AARON JOSEPH may in certain cases have an employee or employees who speak other languages, AARON JOSEPH is not responsible for errors or damages caused by language, including misinterpretations, or incorrect pronunciation. By registering to bid and bidding at our auctions, you attest that you assume full responsibility for all communication, and will secure the services of an interpreter if necessary. NO REFUNDS: AARON JOSEPH does not give refunds. AARON JOSEPH, in its role as sales agent for individuals, estates, trusts, public and private institutions, and other individuals and entities, sells consigned property. Bidders are encouraged to carefully inspect all items prior to bidding. All items offered for sale are available for preview and inspection prior to the sale. By registering for a sale and bidding on an item or lot, you are representing that you or your agent have examined the item as fully as you desire, and are specifically waiving any rights to rescind your final bid after the item or lot is declared sold, or to rescind the contract created as a result of the auction sale. PAYMENT: Following the close of the auction, bidders will receive an invoice for their winning bids, including the Buyer's Premium and Sales Tax. All invoices are due immediately. The credit card used at registration will be charged for your full invoice payment. In all cases, payment must be made in full within 5 days of the auction. Acceptable forms of payment will be: Cash, Visa, MasterCard, Discover, American Express or Wire Transfer. ALL items invoiced to a bidder must be paid-for in full prior to the bidder receiving ANY of the items purchased. REMEDIES FOR NON-PAYMENT OR NON-COMPLIANCE: AARON JOSEPH and the consignor(s) reserve the right to use any and all remedies for non-payment or for non-compliance with these Terms & Conditions, afforded to us by law. In addition to any such remedy or remedies available to us, including without limitation, the right to hold the purchaser liable for the purchase price, AARON JOSEPH may at its sole discretion and option: (a) compel specific performance and hold the purchaser liable for the full invoice price, (b) cancel the sale, retaining all payments made by the purchaser as liquidated damages and not as a penalty, or (c) resell any item or lot of items by public or private sale and hold the purchaser liable for all damages, including the difference between the invoice amount and the bid price realized when the item(s) are resold, all costs for resale, including our commission at our customary rate, and other damages incurred, including but not limited to storage costs, sale expenses, marketing costs, and attorney fees. RESERVE: All items are subject to a reserve or minimum bid, unless otherwise stipulated. The reserve is the lowest amount the seller is willing to accept for the item or lot. AARON JOSEPH personnel or the auctioneer will bid on behalf of the seller up to the reserve. If an auction estimate is given, the reserve will never be higher than the low auction estimate. ONLINE BIDDING: This is an online only auction. All bidding will occur on our bidding platform, powered by HiBid. The registration process is two-fold. First you must register for a HiBid user name and password. Once you have a HiBid username and password, you can register for the auction. You only have to create a HiBid username and password once. However, you must register for each auction separately. Once the registration process is complete, you may then bid online at the auction for which you have registered. You must register for each auction in which you would like to bid, which includes accepting and following these TERMS & CONDITIONS and by providing a valid credit card. AARON JOSEPH assumes no liability for damages incurred by the failure or disruption of online services. ITEM PICKUP: All items are to be picked up by the buyer at the times designated above after full payment of the invoice. It is the purchaser's responsibility to arrange with the AARON JOSEPH in advance if an item must be picked up at another time. SHIPPING: Aaron Joseph does not ship. It is the buyer's responsibility to arrange packing and shipping of their purchases. For your convenience, The UPS Store 2281 1700 N. Monroe St. STE 11., Tallahassee FL. 32303, 850.224.9969, store2281@theupsstore.com, has offered to pack and ship items for our bidders. To utilize The UPS Store's services, simply forward a copy of your "Paid in Full" invoice to info@aaronjosephllc.com and ask us to send your items(s) to them. The UPS Store will invoice you directly. Payment for packing and shipping your items will be made directly to The UPS Store. This is not done through AARON JOSEPH or HIBID. You also have the option to hire a third party shipper of your choice, to pick up, pack, and ship your items. AARON JOSEPH does not make shipping arrangements with third party shippers, nor do we crate, palletize, or strap items. Please be clear with third party shippers that AARON JOSEPH employees are not at the location outside of the posted pickup times. Also, please be clear that there is no loading dock, forklift, or loading assistance. Once your purchases are picked up by your shipper as your agent, any claims for damaged or lost items are to be handled by you or your shipper. All sales are final. REMOVAL OF LOTS FROM A SALE: AARON JOSEPH will make all reasonable efforts to have all items advertised, available for sale. However, there may come an occasion that an item must be removed from the sale or items must be combined into lots. AARON JOSEPH assumes no liability for damages incurred by the removal of an item from a sale or from lotting items together. AUCTION ESTIMATES: Any Auction Estimate is only an approximation of what AARON JOSEPH believes the item could bring at Auction based on its experience and sales data for similar items. Auction Estimates are NOT Appraisals, and are not to be used as the value of an item. Auction estimates are subject to revision. LIMITATION OF LIABILITY: The Bidder agrees to hold AARON JOSEPH, its employees and associates, and the Principal Auctioneer and/or any Auctioneer receiving bids, harmless for errors & omissions. Further, the Bidder agrees to hold AARON JOSEPH, its employees and associates, and the Principal Auctioneer and/or any Auctioneer receiving bids harmless, as agents of the seller, for issues arising from the transfer of title of goods purchased. ALL ITEMS ARE SOLD "AS-IS, WHERE-IS". AARON JOSEPH NOR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE: (1) MERCHANTABILITY, FITNESS, OR CONDITION OF AN ITEM, OR (2) AS TO THE CORRECTNESS OF THE DESCRIPTION OF ANY ITEM, GENUINENESS OF AN ITEM, ATTRIBUTION TO A PARTICULAR ARTIST OR AUTHOR, PROVENANCE, OR PERIOD OF THE ITEM, OR (3) AS TO WHETHER THE PURCHASER ACQUIRES ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN ITEMS PURCHASED, OR (4) AS TO WHETHER A WORK OF ART IS SUBJECT TO THE ARTIST'S MORAL RIGHTS, ROYALTIES, OR OTHER RESIDUAL RIGHTS OF THE ARTIST. THE PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL AARON JOSEPH, ITS EMPLOYEES, AGENTS, AND/OR AUCTIONEERS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, INCIDENTAL, OR CONSEQUENTIAL DAMAGE. SELLERS: Sellers are NOT permitted to bid on their own items, nor are they permitted to have an employee or agent bid on their behalf, except that AARON JOSEPH is permitted to bid on behalf of the seller up to the amount of a reserve. EMPLOYEES & ASSOCIATES: Employees and associates of AARON JOSEPH are permitted to purchase lots at competitive bidding under the same terms, rules and regulations as the general public. ARBITRATION: In the event that a dispute arises from an Auction under these TERMS & CONDITIONS, the Bidder agrees to resolve the dispute through Binding Arbitration, whereby the prevailing party is entitled to reimbursement of their legal fees by the opposing party. VENUE: The bidder agrees that the contract created by any sale under these TERMS & CONDITIONS is made and performed in the JURISDICTION stipulated above. Any dispute arising from this Auction will be resolved in, and under the laws of that JURISDICTION. SEVERABILITY: AARON JOSEPH and the Bidder agree that if any portion of these TERMS & CONDITIONS is deemed unenforceable or invalid, the remainder of the TERMS & CONDITIONS shall remain enforceable and valid. ENTIRE CONTRACT: This Agreement and any documents and instruments that may be referred to herein constitute the entire contract between the parties to this Agreement and supersede all other understandings, written or oral, with respect to the subject matter of this Agreement.