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10. Except as noted in this paragraph, all lots in this
sale are offered for the account of a third party, without
any interest (direct or indirect) of the auctioneer or
Swann. Where Swann or an affiliate of Swann is the
sole or partial owner of the property it is noted by the
symbol
next to the description of that lot. Under
no circumstances will the Consignor receive any rebate
commission.
Under no circumstances may the
Consignor bid upon or buy back his property.
11. Except as may be otherwise expressly provided
herein, any and all claims of a purchaser shall be
deemed to be waived and without validity unless deliv-
ered in writing by registered mail return receipt request-
ed to Swann within thirty (30) days of the date of sale.
12. The rights and obligations of the parties shall be
governed by the laws of the State of New York. All bid-
ders and the purchaser submit to the personal jurisdic-
tion of the New York State courts and their rules and
procedures in the event of any dispute.
13. No waiver or alteration of any of these Conditions
of Sale, the Advice to Prospective Bidders, the Limited
Warranty, the estimates, or any other matter in this cat-
alogue or any other matter whatever (whether made by
the auctioneer, or Consignor, or any representative of
Swann) shall be effective unless it is in writing and
signed by a representative of Swann.
14. THE “LIMITED WARRANTY” APPEARING
BELOW AND THE “ADVICE TO PROSPEC-
TIVE BIDDERS” APPEARING OVERLEAF
FORM PART OF THESE CONDITIONS OF
SALE.
LIMITEDWARRANTY
We warrant the authenticity and condition of each
lot catalogued herein on the terms and conditions
set forth below.
1. Unless otherwise indicated in the respective cat-
alogue descriptions (which are subject to amend-
ment by oral or written notices or announcements
made by Swann prior to sale), we warrant for a peri-
od of three (3) years from the date of sale the
authenticity of each lot catalogued herein. (Please
note Paragraphs 3 and 5 below.)
2. Except as noted above, or unless otherwise indi-
cated in the respective catalogue description, we
warrant for a period of thirty (30) days from the
date of sale to the original buyer of record, that each
book or manuscript is complete in text and illustra-
tion and generally is in such physical condition as
may reasonably be expected considering the age and
provenance. This warranty does not cover damages
to binding, stains or foxing, wormholes, short leaves
of text or plates or any defect not affecting the com-
pleteness of the text. Moreover, this warranty does
not cover the lack of inserted advertisements, blank
leaves, cancels or subsequently published volumes.
3. Serial publications, books in original parts,
extra-illustrated books, made up “albums” and lots
described as “sold as is,” “sold not subject to
return,” “not collated,” “collection of ” or “group
of,” and any lot containing more than three (3)
items, are sold as is and therefore not covered by
these warranties.
4. The benefits of these warranties are not assigna-
ble and are applicable only to the original buyer of
the lot, and are conditioned on the buyer returning
the work in the same condition as at time of sale and
in the time period specified.
5. (a) The buyer’s sole remedy under these war-
ranties shall be the rescission of the sale and refund
of the original purchase price paid for the item, and
this remedy shall be exclusive and in lieu of any
other remedy which might otherwise be available to
the buyer as a matter of law.
(b) In the event that a buyer claims that an
item is not authentic, Swann shall have no obliga-
tion to rescind the sale unless the buyer has
obtained, at the buyer’s expense, the opinion of two
recognized experts in the field, who are mutually
agreeable to Swann and the buyer, that a lot or por-
tion thereof is not authentic.