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The property described in this catalogue, as amend-
ed by any posted notices or oral announcements
during the sale, will be sold by Swann Galleries, Inc.
(Swann) as agent for various owners (the
Consignors). These CONDITIONS OF SALE,
and the LIMITED WARRANTY and ADVICE TO
PROSPECTIVE BIDDERS set forth elsewhere in
the catalogue are the complete and only terms and
conditions on which all property is offered for sale.
By bidding at auction (whether present in person or
by agent, by written or telephone bid, or by any
other means) the buyer agrees to be bound by these
Conditions of Sale.
1. THE AUTHENTICITY OF PROPERTY
LISTED IN THIS CATALOGUE IS WARRANT-
ED TO THE EXTENT STATED IN THE "LIM-
ITED WARRANTY." EXCEPT AS PROVIDED
THEREIN, ALL PROPERTY IS SOLD "AS IS"
AND NEITHER SWANN NOR THE CONSIGN-
OR MAKES ANY WARRANTIES OR REPRE-
SENTATIONS OF ANY KIND OR NATURE
WITH RESPECT TO THE PROPERTY OR ITS
VALUE, AND IN NO EVENT SHALL THEY BE
RESPONSIBLE FOR CORRECTNESS OF
DESCRIPTION, GENUINENESS, ATTRIBU-
TION,
PROVENANCE,
AUTHENTICITY,
AUTHORSHIP, COMPLETENESS, CONDI-
TION OF THE PROPERTY OR ESTIMATE OF
VALUE. NO STATEMENT (ORAL OR WRIT-
TEN) IN THE CATALOGUE, AT THE SALE, OR
ELSEWHERE SHALL BE DEEMED SUCH A
WARRANTY OR REPRESENTATION, OR ANY
ASSUMPTION OF RESPONSIBILITY.
2. All bids are to be per lot as numbered in the cata-
logue.
3. NEITHER SWANN NOR THE CONSIGN-
OR MAKES ANY REPRESENTATION THAT
THE PURCHASER OF MANUSCRIPT MATER-
IAL, PHOTOGRAPHS, PRINTS, OR WORKS
OF ART WILL ACQUIRE ANY COPYRIGHT
OR REPRODUCTION RIGHTS THERETO.
4. Swann reserves the absolute right (a) to withdraw
any property at any time before its actual final sale,
including during the bidding, and (b) to refuse any bid
from any bidder. The auctioneer is the sole judge as to
the amount to be advanced by each succeeding bid.
5. Any right of the purchaser under this agreement
or under the law shall not be assignable and shall be
enforceable only by the original purchaser and not by
any subsequent owner or any person who shall subse-
quently acquire any interest. No purchaser shall be
entitled to any remedy, relief or damages beyond
return of the property, rescission of the sale and refund
of the purchase price; and without limitation, no pur-
chaser shall be entitled to damages of any kind.
6. The highest bidder acknowledged by the auc-
tioneer shall be the purchaser. In the event of any
dispute between bidders, the auctioneer shall have
the absolute discretion either to determine the suc-
cessful bidder or to re-offer and resell the lot in dis-
pute. If any dispute arises after the sale, Swann's
sales records shall be conclusive as to the purchaser,
amount of highest bid, and in all other respects.
7. The purchase price paid by a purchaser shall be
the sum of the final bid and a buyer's premium of
20% of the final bid on each lot (“the Buyer's
Premium”), plus all applicable sales tax. An addi-
tional buyer’s premium may be charged on any pur-
chase made through a live online auction as posted
by Swann in accordance with such live online auc-
tion.
8. On the fall of the auctioneer's hammer, title to
the offered lot or article will pass to the highest
acknowledged bidder, who thereupon (a) immedi-
ately assumes full risk and responsibility therefor, (b)
will immediately sign a confirmation of the purchase
therefor, setting forth his name and address, and (c)
will immediately pay the full purchase price therefor.
If the foregoing conditions or any other applicable
conditions herein are not complied with, in addition
to other remedies available to Swann and the
Consignor by law (including without limitation the
right to hold the purchaser liable for the bid price),
Swann, at its option, may either (a) cancel the sale,
retaining as liquidated damages all payments made
by the purchaser, or (b) resell the property, either
publicly or privately, for the account and risk of the
purchaser, and in such event the purchaser shall be
liable for the payment of all deficiencies plus all
costs, including warehousing, the expenses of both
sales, and Swann's commission at its regular rates
and all other charges due hereunder. Swann may
also impose late charges of 1.5% per month (or the
highest rate allowed under applicable law, whichev-
er is lower) on any amounts unpaid.
9. All property shall be removed from Swann by the
purchaser at his expense no later than five (5) days fol-
lowing its sale, and if not so removed may, at Swann's
option, be sent by Swann to a public warehouse at the
account, risk and expense of the purchaser. Whether
sent to a warehouse or stored by Swann, the purchaser
shall be liable for all actual expenses incurred plus a
storage charge of 5% of the purchase price.
CONDITIONS OF SALE