Page 3 - Swann Galleries - Modernist Posters - Sale 2314 - May 13, 2013

The property described in this catalogue, as amended
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 WAR-
RANTED TO THE EXTENT STATED IN THE
"LIMITED WARRANTY." EXCEPT AS PRO-
VIDED THEREIN, ALL PROPERTY IS SOLD
"AS IS" AND NEITHER SWANN NOR THE
CONSIGNOR MAKES ANY WARRANTIES
OR REPRESENTATIONS OF ANY KIND
OR NATURE WITH RESPECT TO THE
PROPERTY OR ITS VALUE, AND IN NO
EVENT SHALL THEY BE RESPONSIBLE FOR
CORRECT-NESS OF DESCRIPTION, GEN-
UINENESS, ATTRIBUTION, PROVENANCE,
AUTHENTICITY, AUTHORSHIP, COMPLETE-
NESS, CONDITION OF THE PROPERTY OR
ESTIMATE OF VALUE. NO STATEMENT
(ORAL ORWRITTEN) IN THE CATALOGUE,
AT THE SALE, OR ELSEWHERE SHALL BE
DEEMED SUCH A WARRANTY OR RE-
PRESENTATION, 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 MAT-
ERIAL, PHOTOGRAPHS, PRINTS, ORWORKS
OF ART WILL ACQUIRE ANY COPYRIGHT
OR REPRODUCTION RIGHTSTHERETO.
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 agree-
ment 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 subsequently 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 purchaser 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 successful
bidder or to re-offer and resell the lot in dispute. 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 additional buyer’s premium
may be charged on any purchase made through a live
online auction as posted by Swann in accordance with
such live online auction.
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 high-
est rate allowed under applicable law, whichever is
lower) on any amounts unpaid.
CONDITIONS OF SALE