Lot 50: Mark Flood, ‘Sand Castle’, Acrylic, 2004

Auctionata US

October 27, 2016, 9:00 PM CET
New York, NY, US
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Description: Acrylic on canvas laid on board USA, 2004 Mark Flood (b. 1957) – American contemporary artist Signed by the artist, titled, and dated on the canvas folded over the verso edge Provenance: Marty Walker Gallery, Dallas, TX Dimensions: 60 x 48 in. (152.7 x 121.9 cm) Very good condition Mark Flood’s Lace Paintings are perhaps his most well-known and widely collected works. Despite the seemingly ‘slap-dash’ nature of his technique, the lace paintings are praised for their technical prowess and aesthetic beauty. He began making his lace paintings in the 1990s with the aim to seduce the viewer through self-consciously superficial beauty. They are created by applying lace to a surface and then repeatedly and meticulously painting over the lace in bright colors, and subsequently removing the dried paint; a process that creates a deeply textured and rich surface. The present work, ‘Sand Castle’, is a beautiful example of a large, abstract lace painting from 2004, and is part of a series that has remained popular to passionate art collectors since the 1990s that have valued as high as $250,000 apiece. Mark Flood (American, b. 1957) Texan painter Mark Flood exhibits frequently in New York, Texas, California, and European capitals, and his works are housed in the collections of major museums including the Museum of Fine Arts, Houston and the Dallas Museum of Art. His works are also found in several important private collections and are known either for a caustic sense of humor relayed that critique American contemporary culture and art. He is particularly well-known for his “lace paintings” which demonstrate intricate details rendered in shimmering colors and lace formations. He attended Rice University (1976-1981). Condition In overall very good condition. Shipping costs excl. statutory VAT and plus 2,5% (+VAT) shipping insurance.
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We will not release any Property to you until we have received full and cleared payment of the Purchase Price, any outstanding amounts you owe us, and you have satisfied such other terms as we in our sole discretion shall require, including, but not limited to, appropriate identification from you or your authorized representative. Subject to your satisfying all of the foregoing conditions, you shall be responsible for collecting the purchased Property within five business days after Auctionata's receipt of good, cleared funds, unless we otherwise agree in writing.



4.2 Assistance with Collection
We will, upon your request and at your expense, either provide packing, handling, insurance and shipping services or coordinate with shipping agents instructed by the buyer, to help facilitate such services for the purchased Property. Any such instruction, whether or not made at our recommendation, is entirely at your risk and responsibility, and we will not be liable for acts or omissions of third party packers and shippers.

4.3 Failure to Collect
If you fail to collect the purchased Property within five days after the date of the sale, even if we otherwise agree in writing that the Property may remain at our facility for longer than five days, we may charge storage fees with respect to the Property, as further described in the current Overview of Fees, which may be found on our website. We may also charge handling, insurance, and any other costs incurred with respect to purchased Property that is not collected within five days after the sale.

4.4 Resale of Uncollected Purchases
If purchased Property is paid for but not collected within three months of the sale, you authorize us , upon notice to you, to arrange a resale of the item, at auction, via the Online Shop, or by private sale, with Estimated Values and reserves to be set at our discretion. The proceeds of the sale will be applied to pay for storage charges and any other outstanding costs and expenses owed to us, and the remaining amount will be deemed abandoned by you unless you collect it within two years after the date of the sale.
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Shipping Terms: 4.1 Release of Property
We will not release any Property to you until we have received full and cleared payment of the Purchase Price, any outstanding amounts you owe us, and you have satisfied such other terms as we in our sole discretion shall require, including, but not limited to, appropriate identification from you or your authorized representative. Subject to your satisfying all of the foregoing conditions, you shall be responsible for collecting the purchased Property within five business days after Auctionata's receipt of good, cleared funds, unless we otherwise agree in writing.



4.2 Assistance with Collection
We will, upon your request and at your expense, either provide packing, handling, insurance and shipping services or coordinate with shipping agents instructed by the buyer, to help facilitate such services for the purchased Property. Any such instruction, whether or not made at our recommendation, is entirely at your risk and responsibility, and we will not be liable for acts or omissions of third party packers and shippers.

4.3 Failure to Collect
If you fail to collect the purchased Property within five days after the date of the sale, even if we otherwise agree in writing that the Property may remain at our facility for longer than five days, we may charge storage fees with respect to the Property, as further described in the current Overview of Fees, which may be found on our website. We may also charge handling, insurance, and any other costs incurred with respect to purchased Property that is not collected within five days after the sale.

4.4 Resale of Uncollected Purchases
If purchased Property is paid for but not collected within three months of the sale, you authorize us , upon notice to you, to arrange a resale of the item, at auction, via the Online Shop, or by private sale, with Estimated Values and reserves to be set at our discretion. The proceeds of the sale will be applied to pay for storage charges and any other outstanding costs and expenses owed to us, and the remaining amount will be deemed abandoned by you unless you collect it within two years after the date of the sale.
Transfer of Risk, Cancellation, Warranty: Transfer of Risk

Risk and responsibility, including insurance, for Purchased Property passes to you on (i) the date you collect the Property from us (or the date we deliver it to you, if we according to this Section 5, provide shipping services), or (ii) five business days after the sale, whichever is earliest. Until risk passes, we will compensate you for any loss or damage to the purchased Property up to a maximum of the Purchase Price paid, subject to our exclusions for loss or damage to the Property under our insurance policy Risk and responsibility for any Property passes you when we received full and cleared payment from you or when you collect the Property from us, whichever is earlier.

5. Non-Payment by Buyer

If you fail to make payment in full and cleared funds pursuant to Section 4 of these Conditions of Sale, we shall be entitled, in our absolute discretion, to exercise any or all of the following rights or remedies, in addition to asserting any other rights or remedies available to us by law:

(a) cancel the sale and (i) resell the Property on terms we deem appropriate, at auction, via the Online Shop, or by private sale (it being understood and you acknowledge that you will remain liable for any shortfall between the total amount originally due to us and the price obtained upon resale, together with all costs, expenses, damages, legal fees, commissions, and premiums of whatever kind associated with all sales or otherwise arising from the default), or (ii) return the Property to the Seller;

(b) hold you liable for the total amount due and commence legal proceedings to recover the amount, together with interest, legal fees, and costs to the fullest extent permitted by law;

(c) where you owe us several amounts with respect to several transactions, apply any amount paid to discharge what is owed for any particular transaction;

(d) set off the outstanding amount you still owe us against any amounts which we may owe you in any other transactions;

(e) pay the Seller the amounts due from you up to the net proceeds payable, in respect of the amount of your offer or bid for the Property (it being understood and you acknowledge that in this circumstance, we shall have all of the rights of the Seller, however arising, to pursue you for the amount);

(f) reject future bids and offers from you or render such bids and offers subject to payment of a deposit;

(g) charge interest at such rate as we shall reasonably decide;

(h) exercise all the rights and remedies of a person holding security in the purchased Property and in any property or money you own that is in or is coming into our possession (whether by pledge, security interest, or any other manner), to the fullest extent permitted by law, including, but not limited to, the Uniform Commercial Code. You shall be deemed to have granted such security to us and we may retain such property as collateral security for your obligations to us; and

(i) take such other action as we deem necessary or appropriate.

6. Cancellation

6.1 We shall have the right, but not the obligation, to cancel a sale without notice to you if:

(a) we reasonably believe that there is a material breach of the Seller's representations and warranties, or of the Limited Warranty described under Section 12;

(b) where we believe the sale is or may be unlawful;

(c) we determine in our sole judgment that the sale of the Property has subjected or may subject us and/or the Seller to any liability to anyone else or may damage our reputation; or

(d) an adverse claim is threatened or made by a third party.

6.2 Upon notice of our election to cancel the sale, you shall promptly return the Property to us, and we will then refund the Purchase Price you paid. As described more fully in Section 12, the refund shall constitute your sole remedy and recourse against us and the Seller with respect to such canceled sale.

6.3 For purposes of this Section 9 and the terms throughout these Conditions of Sale, "cancel" shall include cancellation, rescission, and termination under the Uniform Commercial Code.

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8. Limited Liability

Our liability is subject to the following terms, and as may be described elsewhere in these Conditions of Sale:

(a) We agree to refund the Purchase Price in the circumstances explained in Section 12. In addition, and subject to the terms of this Section 11, the total liability of us and the Seller to you in connection with the sale of any Property shall be limited to the Purchase Price actually paid for the Property. Otherwise, we (including our officers, employees or agents) and the Seller are not responsible for:

(i) the correctness of any statement of any kind concerning any Property, whether written or oral,

(ii) any other errors or omissions in descriptions concerning any Property, whether written or oral; or

(iii) any faults or defects in any Property.

(b) Except as stated in Section 12, we (including our officers, employees, or agents), and the Seller do make no representations, warranties, guarantees, or assume liability of any kind, whether express or implied with respect to the Property (including, but not limited to, merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance, or as to whether the buyer acquires any copyrights or other such reproduction rights in the Property), and no statements regarding the Property shall be deemed such a warranty, representation, guarantee or assumption of liability.
(c) We shall not be liable for the timely and correct submission of offers or bids, including where technical problems may arise. We shall assume no liability whatsoever for the permanent availability of our website.

(d) Where technical problems prevent the continuation of a sale at auction or via the Online Shop, the following shall apply:

(i) If Property is not sold prior to the technical problem arising, the Property will be offered for sale at a later point in time that we will determine and specify on our website at www.auctionata.com or on any other website we operate [one week in advance] of the date the Property will be re-offered for sale at auction or via the Online Shop.

(ii) All winning bids that were made before the arising of the technical problems shall remain valid.

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(f) We accept no liability should our website be (i) limited in its functionality or operation for any reason including our need to perform maintenance work or technical security measures, and (ii) destroyed as a result of unforeseen events beyond our control, including but not limited to, strikes, war, armed conflict, acts of terrorism, acts of God, system malfunction or other external factors. Auctionata shall not be liable for loss or damage incurred through the lack of usability or inaccessibility of our website.

(g) We accept no liability for the unauthorized access to our website and to personal data collected and processed on it, unless we willfully or through gross negligence failed to protect the data against access.

9. Limited Warranty

Subject to the terms and conditions of this Section, we warrant the authorship, period, culture or origin (collectively, "Authorship") of Property offered for sale at auction and via the Online Shop for a period of 25 years from the date of the sale, as amended by oral or written notices and announcements we make, and subject to the exclusions and limitations set forth below:

(a) We warrant the authorship only to the original buyer of record (i.e., the registered successful purchaser) of any Property, and the original buyer must have remained the owner of the Property without disposing of any interest in it to any third party.

(b) This warranty is not assignable and does not extend to:

(i) subsequent owners of the Property, including purchasers or recipients of the Property by way of gift from the original buyer, heirs, successors, beneficiaries and assigns;

(ii) Property where the description in the Online Shop or auction catalogue states that there is a conflict of opinion about the authorship of Property;

(iii) Property where our attribution of authorship was on the date of sale consistent with the generally accepted opinions of specialists, scholars, or other experts;

(iv) Property where the description and identification of the Property in our Online Shop or in the auction catalogue is proved inaccurate by means of scientific methods or tests not generally accepted for use at any time during which we offered the Property for sale, or which at such time we deemed those means and tests to be unreasonably expensive or impractical, or to use them would likely in our reasonable opinion have caused damage or loss in value of the Property; or
(v) there has been no material loss in value of the
Property from its value had the circumstances in the previous subparagraph (iv) not occurred and the Property would have otherwise been accurately described and identified.

(c) In any claim for breach of this warranty, we reserve the right, as a condition to cancelling any sale under this warranty, to require you to provide to us, at your expense, the written opinions of two recognized experts that we approve in advance. We shall not be bound by any expert report produced by you and we reserve the right to consult our own experts at our expense. If we agree to cancel a sale under this warranty, we shall refund to you the reasonable costs charged by the pre-approved experts that you commissioned.

(d) Subject to the exclusions set forth in paragraph (a) and (b) above, you may bring a claim for breach of this warranty provided that (i) you have notified us in writing within [three months of receiving any information which causes you to question the authorship of the Property, specifying the sale in which the Property was sold and corresponding lot number and the reasons why the authorship of the Property is being questioned, and (ii) you return the Property in the same condition as it was at the time of its sale; and
(iii) you are able to transfer good and marketable title in the Property, free and clear of all claims and encumbrances by third parties arising after the date you purchased the Property.

(d) You understand and agree that the sole and exclusive remedy for any breach of this warranty against us and the Seller, in place of any other remedy which might be available to you as a matter of law, is the cancellation of the sale and refund of the original Purchase Price paid. Accordingly, we and the Seller shall not be liable for loss or damage beyond the remedy expressly provided by this warranty, whether such loss or damage is characterized as direct, indirect, special, incidental or consequential, or for the payment of interest on the original Purchase Price.


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The copyright in all images, illustrations and written material produced by or for Auctionata relating to any Property, including the content in auction catalogues or in the Online Shop is and shall remain at all times the property of Auctionata and shall not be used by you, nor by anyone else without our prior written consent. We and the Seller make no representations or warranties that the buyer of any Property will acquire any copyright or other reproduction rights in it.

14. Miscellaneous

14.1 Notices
All notices shall be in writing. Notices to us shall be in to the address indicated on the first page of these Conditions of Sale. Notices to you shall be addressed to the last address you provided to us. Notice by mail shall be deemed to have been given five (5) days after mailing to such address, or if by electronic mail or facsimile, such notice shall be deemed given the date of transmission.

14.2 Assignment
These Conditions of Sale may not be assigned by any buyer without our prior written consent, and are voidable at our discretion, but they shall be binding upon the buyer's heirs, executors, beneficiaries, successors and assigns.
Payment: Payment and Transfer of Title

Terms of Payment
Immediately following the sale of Property sold at auction or via the Online Shop, but no later than three business days after the sale, unless we otherwise agree, you are required to pay us the Purchase Price in full. You must confirm and provide us with your name, address, identification and any other information we request from you, including, but not limited to, applicable credit card information and details of the bank from which payment will be made.

4.2 Method of Payment
Payment shall be made to us by either check, wire transfer, or for purchases of $10,000 or less by credit card or PayPal. For wire transfer, payment must be made according to the following details:

Commerzbank AG 225 Liberty Street
New York, NY 10281-1050

Swift-Code: COBAUS3XXXX
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For the Account of: Auctionata, Inc.
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4.3 Compensation of Third Parties
We reserve the right to pay from our compensation an introductory commission to one or more third parties for assisting in the sale of Property sold at auction and offered via the Online Shop.

4.4 Transfer of title
Title in any purchased Property will not pass to you until we receive the Purchase Price in full and cleared funds. We are not obligated to release Property to you until title has passed and you have provided appropriate identification. Any earlier release of the Property shall not affect the passing of title or your obligation to pay the Purchase Price.
Tax: NY Sales tax applied to winning bidders located in New York.
Condition: Please contact usbids@auctionata.com for a condition report.
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