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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

sent to a warehouse or stored by Swann, the purchaser

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, without 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 cir-

cumstances 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 New York 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 Limited

Warranty, the estimates, or any other matter in this cat-

alogue 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 cata-

logue 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 indi-

cated 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 condition as may reason-

ably 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

subsequently 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 collat-

ed,” “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 assignable

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 obligation 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 portion thereof is not authentic.