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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.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 cir-
cumstances 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 delivered in
writing by registered mail return receipt requested
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
bidders and the purchaser submit to the personal juris-
diction 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 "LIMITEDWARRANTY" APPEARING
BELOW ANDTHE "ADVICE TO PROSPECTIVE
BIDDERS" APPEARING OVERLEAF FORM
PART OFTHESE 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 cata-
logue descriptions (which are subject to amendment
by oral or written notices or announcements made by
Swann prior to sale), we warrant for a period 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 illustration and
generally is in such physical condition as may reason-
ably 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 completeness 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 col-
lated," "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 assignable
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 obligation 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 portion thereof is
not authentic.