4 242
sent to a warehouse or stored by Swann, the purchas-
er 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, with-
out 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
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 NewYork 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 LimitedWarranty, the estimates, or any other mat-
ter in this catalogue 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” APPEAR-
ING BELOW AND THE “ADVICE TO
PROSPECTIVE BIDDERS” APPEARING
OVERLEAF FORM PART OF THESE CONDI-
TIONS 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
catalogue 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
indicated 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 condi-
tion 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 completeness of the text. Moreover,
this warranty does not cover the lack of inserted
advertisements, blank leaves, cancels or subsequent-
ly 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 assign-
able 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
warranties 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.