3 174
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 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
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
COPYRIGHT OR REPRODUCTION
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
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
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
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 accor-
dance 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