Swann Galleries - 19th & 20th Century Literature

The property described in this catalogue, as

amended by any posted notices or oral announce-

ments 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 prop-

erty 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 INTHIS CATALOGUE ISWARRANT-

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 CON-

SIGNOR MAKES ANY WARRANTIES OR

REPRESENTATIONS OF ANY KIND OR

NATUREWITH RESPECT TOTHE PROPER-

TY OR ITS VALUE, AND IN NO EVENT

SHALL THEY BE RESPONSIBLE FOR COR-

RECTNESS OF DESCRIPTION, GENUINE-

NESS,

ATTRIBUTION,

PROVENANCE,

AUTHENTICITY,

AUTHORSHIP,

COM-

PLETENESS, CONDITION OF THE PROPER-

TY OR ESTIMATE OF VALUE. NO STATE-

MENT (ORAL ORWRITTEN) INTHE CATA-

LOGUE, AT THE SALE, OR ELSEWHERE

SHALL BE DEEMED SUCH A WARRANTY

OR REPRESENTATION, OR ANY ASSUMP-

TION OF RESPONSIBILITY.

2. All bids are to be per lot as numbered in the cata-

logue.

3. NEITHER SWANN NORTHE CONSIGN-

OR MAKES ANY REPRESENTATION THAT

THE PURCHASER OF MANUSCRIPT

MATERIAL, PHOTOGRAPHS, PRINTS, OR

WORKS OF ART WILL ACQUIRE ANY

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 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 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

25% of the hammer price up to and including

$100,000; 20% of the portion of the hammer price

above $100,000 up to and including $1,000,000;

and 12% of the portion of the hammer price above

$1,000,000 (“the Buyer's Premium”), plus all appli-

cable 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 pur-

chase 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 limi-

tation the right to hold the purchaser liable for the

bid price), Swann, at its option, may either (a) can-

cel the sale, retaining as liquidated damages all pay-

ments made by the purchaser, or (b) resell the prop-

erty, either publicly or privately, for the account and

risk of the purchaser, and in such event the purchas-

er 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,

whichever 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

CONDITIONS OF SALE