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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.







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.