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Rocky Hawkins (b. 1950)

Lot 18: Rocky Hawkins Original Oil Painting on Canvas "Orbitron v3"

Heather James Fine Art

January 21, 2015
Jackson, WY, US

More About this Item


Description

Rocky Hawkins Original Oil Painting on Canvas "Orbitron v3"

Dimensions

24 x 20 in

Artist or Maker

Rocky Hawkins

Medium

Acrylic on Canvas

Date

2014

Condition Report

Very Good

Exhibited

Upon Request

Literature

Upon Request

Provenance

Upon Request

Notes

Accompanied by a full Certificate of Authenticity. Inventory #8322.

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Payment

Accepted forms of payment: American Express, MasterCard, Visa, Wire Transfer

Shipping

Pick up or shipping of all purchased lots is the responsibility of the Buyer. Heather James Auctions can recommend shipping options or arrange for shipping. All costs for shipping are the responsibility of the Buyer. Please see Full Terms and Conditions for details.

Buyer's Premium

$0 - 999: 12.0%
$1,000+: 12.0%

From: To: Increment:
$0 $999 $25
$1,000 $9,999 $100
$10,000+ $250

Extended Bidding

5 minutes/bid

Full Terms and Conditions

The following Terms and Conditions of Sale are Heather James Auctions' and the Consignor's agreement with the Buyer relative to the property listed in the auction catalog. The Conditions of Sale and all other contents of the catalog are subject to amendment by Heather James Auctions by the posting of notices made during the sale. All property is offered by Heather James Auctions as agent for the Consignor unless the catalog indicates otherwise. By participating in any sale the Consignor, Bidder, and Buyer agree to be bound by these terms and conditions. Bidding on any item indicates the Bidder's acceptance of these terms and all other terms printed within, posted, and announced at the time of sale whether bidding in person, through a representative, by phone, by Internet, or other absentee bid.

Property: All property is sold "As Is". Neither Heather James Auctions nor the Consignor makes any warranties as to the property (including but not limited to the property's merchantability or fitness for a particular purpose, and the correctness of the catalog or other description of the property in the catalogue or elsewhere). No oral or written statements made in the catalogue, condition report, online listing, advertisement, bill of sale, announcement, elsewhere made by employees and/or representatives (including affiliated and related companies) shall be considered an express or implied warranty. Heather James Auctions and the Consignor are not responsible for errors and omissions in the catalogue, online listings or any other supplemental material. Heather James Auctions and Consignor provide any condition reports, photos and video or digital images as a courtesy. Heather James Auctions and the Consignor make no representations or warranties, express or implied, as to whether the Buyer acquires any copyrights (including reproduction rights) to the property.

Prospective Buyers and Bidders are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalog entry. Sold items cannot be returned due to omissions in condition reports.

Bidding Registration: Bidder registration is required for all persons wishing to bid on auction items. Any person registering to bid by phone, absentee, or in person will complete a Bidder Registration Form. Online bidders will submit a completed form through the auction website, or one of its affiliate bidding sites. This includes but is not limited to Invaluable.com. Bids will not be accepted from persons under eighteen (18) years old without written consent of said person's parent or legal guardian. Written consent constitutes an agreement to be bound thereby on behalf of the bidder, and it must acknowledge the terms and conditions of sale.
Heather James Auctions may require Bidders to produce financial references, and prospective bids over 200,000 U.S. Dollars may be subject to additional registration steps. Registered bidders agree to be fully liable for all bids, including the liability to timely pay in full for any lot that is the subject of a successful bid submitted by the bidder in accordance with the Terms and Conditions of Sale.


Buyer's Premium: A buyer's premium will be added to the successful bid price and is payable by the Buyer as part of the total purchase price. Heather James Auctions' Buyer's Premium is 7% on all items. Buyer is responsible for paying Heather James Auctions the sum of the hammer price and the Buyer's Premium, plus sales tax if applicable.

Withdrawal: Heather James Auctions reserves the right to withdraw any property before completion of the sale and will incur no liability for doing so.

Bid Per Lot: Unless expressly noted, all bids are per lot as numbered in the catalogue. Each lot constitutes a separate sale.

Reserves: Unless the sale is advertised and announced as a sale without reserves, each lot may be offered subject to reserve. The reserve is the confidential minimum price agreed upon by the Consigner and Heather James Auctions below which the lot will not be sold. Heather James Auctions may implement such reserves by bidding through its representatives on behalf of the Consignor. During a live auction the auctioneer may open any lot by bidding on behalf of the Consignor and may bid up to the amount of the reserve. Online sales may do the same by using a starting bid, which will commence bidding at or below the reserve price. In any event and whether or not a lot is subject to a reserve, the auctioneer may reject any bid or raise not commensurate with the value of such lot.

Bidding: Heather James Auctions reserves the right to reject a bid from any bidder or refuse to acknowledge any bidder. The auctioneer has the right to split any bidding increment and to advance the bidding in any manner as the auctioneer may decide. Heather James Auctions will have sole and final discretion to resolve any disputes arising after the sale and in online auctions. If any dispute arises after the sale or in an online auction, Heather James Auctions' sale record is conclusive. All sales are contingent on Heather James Auctions' approval.

Absentee bids: Heather James Auctions will, if so instructed, execute written absentee bids for the convenience of bidders who cannot attend an online sale. Absentee bidders should complete the Absentee Bid Form provided in the catalog or online and submit the absentee bid in advance of the auction. If Heather James Auctions receives absentee bids for identical amounts on a particular lot, and at the auction these are the highest bids on the lot, the lot will be sold to the person whose absentee bid was received and accepted first. Heather James Auctions is not responsible for errors or omissions in connection with absentee bids, including the failure to execute such bids. Lots are purchased on behalf of absentee bidders at the lowest possible price (which may be below the written absentee bid price), subject to other bids or reserves.

Phone bids: If a bidder makes arrangements with Heather James Auctions prior to commencement of the sale, Heather James Auctions will use reasonable efforts to enable the bidder to participate in the bidding by telephone. Heather James Auctions is not responsible for any failure to contact bidder or for errors and omissions in connection with telephone bidding. Heather James Auctions is not responsible for any miscommunications that occur during phone bidding.

Online bids: Heather James Auctions will use reasonable efforts to carry out online bids made through Heather James' website or any numbers of affiliate sites. This includes but is not limited to Invaluable.com. However, Heather James Auctions is not responsible for errors and omissions in connection with online bidding, including but not limited to equipment failure, inability to access the Internet, or software errors related to the execution of online bids, or late entry of a bid by Heather James Auctions staff.

Auctioneer's Discretion: If the auctioneer determines that any opening bid is not commensurate with the value of the article offered, he might reject the same and withdraw the article from the sale. If having accepted an opening bid, the auctioneer decides that any advance thereafter is not of sufficient amount, he may reject the advance.

Successful Bid: At the close of the auction, title to the offered lot will pass from Consignor to the highest bidder acknowledged by the auctioneer, subject to all the Terms and Conditions of Sale set forth herein. Such bidder (a) assumes full risk and responsibility (including, without limitation, liability for or damage to frames or glass covering the artwork or item), (b) if requested will sign a confirmation of purchase, and (c) will immediately pay the purchase price in full or such part as Heather James Auctions may require for all lots purchased.

Payment: The buyers are expected to make payment for purchases immediately after the auction for the entire amount due (including hammer price, buyer's premium and applicable taxes and other charges including shipping charges. Payment in U.S. Dollars can be made by wire transfer or credit card. The Buyer grants Heather James Auctions a security interest in the property and Heather James Auctions may keep as collateral security for the Buyer's obligations to Heather James Auctions, any property or monies held or received by Heather James Auctions for the account of the Buyer. If payment is made in a foreign currency, buyer is responsible for ensuring that the full sale price including buyer's premium is paid to Heather James Auctions in USD. Heather James will not be responsible for any fees incurred during currency conversions. Only after Heather James Auctions has collected funds and confirmed their authenticity will Full Payment be deemed to have been made. Buyer agrees that a 1.5% per month late charge will be imposed on the total purchase price if payment is not made in accordance with all of the conditions set forth herein and agrees to pay any returned check charges that may be incurred.

Tax: Auction items picked up or shipped within California or Wyoming will be charged sales tax. Buyer will be required to pay California sales tax at a rate of 8.00%, and Wyoming sales tax at a rate of 6%, or any taxes that are applicable at this date, including any federal luxury or other tax, unless exemption from such taxes is established to Heather James Auctions' satisfaction. Deliveries outside California may be subject to the compensating use tax of another state and, where a duty of collection is imposed upon them by law, Heather James Auctions requires payment of such taxes. Buyer is responsible for any use or importation tax in the United States or any other Country, as well as any importation fees.

Non-Payment: If the Buyer does not make full payment for the purchases within the time required, the buyer will be in default. In the event of Buyer's default, Heather James Auctions has sole discretion to exercise one or more of the following remedies, in addition to other remedies available to Heather James Auctions and the Consignor by law. Heather James Auctions is authorized to: (a) hold the Buyer liable for the total purchase price; (b) cancel the sale and keep all payments made by the Buyer as liquidated damages; (c) resell the property at public auction or private sale with terms that Heather James Auctions deems appropriate; (d) resell the property at public auction without reserve and the Buyer shall be liable for any deficiency, cost, handling charges and the expenses of both sales and the commissions on both sales; (e) offset the full purchase price against any amount owed by Heather James Auctions to the Buyer; (f) to not allow any bids at any upcoming auctions by or on behalf of the Buyer; and (h) to take other actions as Heather James Auctions finds necessary and appropriate.

The Buyer grants Heather James Auctions a security interest in any property in Heather James Auctions' possession which is owned by such Buyer, and Heather James Auctions is authorized to hold such property as collateral security for such Buyer's obligations. Buyer shall be liable to Heather James Auctions for all other charges incurred as a result of Buyer's non-payment, including attorney fees, expenses and incidental damages. As between Heather James Auctions and Consignor, if the successful bidder does not pay for the property, collection procedures shall be the responsibility of the Consignor and not Heather James Auctions.

In the event the Buyer fails to pay any or all of the total purchase price for any lot and Heather James Auctions elects to pay the Consignor any portion of the sale proceeds, the Buyer acknowledges that Heather James Auctions shall have all of the rights of the Consignor to pursue the Buyer for any amounts paid to the Consignor, whether at law, in equity, or under these Terms and Conditions of Sale.

Packing and Shipping: Packing and shipping arrangements are the Buyer's responsibility and expense. If needed, Heather James Auctions can arrange for in-house shipping or assist in finding a third-party shipper. Buyer agrees that packing and handling of purchased lots by Heather James Auction's representatives are undertaken solely as a courtesy for the convenience of the buyers. Heather James Auctions is not responsible for damage or breakage, which may occur during packing, handling, and shipping by any carriers or packers of purchased lots, whether or not recommended by Heather James Auctions. Packing and handling of purchased lots is at the entire risk of the buyer. Granting of licensing for import or export of goods from local authorities is the sole responsibility of the Buyer. Denial or delay of licensing will not be deemed a cancellation or delay in payment for the total purchase price of these lots. Condition of all lots will be confirmed via the sending of high resolution images.

Limited Right of Rescission: If within ten (10) days of the sale of any lot, the Buyer gives written notice to Heather James Auctions alleging that the identification of authorship (which is defined in the catalog Glossary and set forth in the heading in the auction catalog) of such lot as set forth in the catalog description of such lot (as amended by any oral announcements or written notices during the sale) is not substantially correct based on a fair reading of the catalog, and (b) if within ten (10) days of such notice the buyer returns the lot to Heather James Auctions in the same condition as when sold, and (c) establishes the written allegations to Heather James Auctions' satisfaction (including by providing the written opinions of recognized experts in the field), then the sale will be rescinded with only the purchase price and buyer's premium refunded. Shipping costs will not be reimbursed. If, prior to receiving such notice from the original Buyer alleging such defect, Heather James Auctions has paid the Consignor monies owed to him in connection with this sale, Heather James Auctions agrees to refund only the buyer's premium and applicable sales taxes paid. Consignor agrees to refund any payments made to Consignor for such property. If the Consignor refuses to refund the payments, Heather James Auctions may disclose the Consignor's identity and assign to the Buyer Heather James Auctions' rights against the Consignor with respect to the lot the sale of which is sought to be rescinded. Upon such disclosure and assignment, any liability of Heather James Auctions as Consignor's agent with respect to said lot shall automatically terminate.

Limitation of Liability: If, for any reason a purchased lot cannot be delivered in the same condition as at the time of sale, or in the event that any purchased lot be stolen, mistakenly delivered or lost prior to delivery, Heather James Auctions shall not be liable for any amount in excess of that paid by the buyer.

Arbitration: Any claim or controversy arising out of or relating to the Terms and Conditions of Sale or any breach thereof between the Bidder/Buyer and Heather James Auctions shall be submitted to arbitration in Riverside County, California or Teton County, Wyoming, as the exclusive remedy for such claim or controversy. By agreeing to arbitrate, the parties waive any right they have to a court or jury trial. The decision of the arbitrator shall be final and binding. The parties further agree that, upon application of the prevailing party, any Judge of the Superior Court of the State of California, or the State of Wyoming, may enter a judgment based on the final arbitration award issued by the arbitrator, and the parties expressly agree to submit to the jurisdiction of this Court for such a purpose. The prevailing party shall be entitled to recover the party's attorneys' fees and costs incurred in connection with the arbitration.

Severability: If any part of the Terms and Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent of the law.

Returns: All sales are final. Placing a bid on a lot is a binding contract between the bidder and Auction House that the lot will be purchased. Heather James Auctions will provide a Certificate of Authenticity for all lots sold within a reasonable period of time.

Payment Terms

Payment is accepted via Amex, Visa, MasterCard, or Wire Transfer. Please see Full Terms and Conditions for details.

Buyer's Premium

Heather James Auctions charges a 7% buyer's premium on all lots. Please see Full Terms and Conditions for details.

Sales Tax

Sales Tax of 8.0% will be charged for items picked up in or shipped to California. Sales Tax of 6.0% will be charged for items picked up in or shipped to Wyoming. Please see Full Terms and Conditions for details.

Condition of Lots

The condition of all lots will be verified via the sending of high resolution images through email or dropbox. Please see Full Terms and Conditions for details.

Shipping Terms

Pick up or shipping of all purchased lots is the responsibility of the Buyer. Heather James Auctions can recommend shipping options or arrange for shipping. All costs for shipping are the responsibility of the Buyer. Please see Full Terms and Conditions for details.