BID PRICE: Each buyer must have an assigned Buyer's Number prior to bidding. The highest bidder on a lot shall be the buyer of the lot. The pu rchase price shall be the sum of: 1) the price at which the item is sold, plus 2) A BUYER'S PREMIUM OF 17% ON THE FIRST $70,000 BID PRICE ON ANY LOT AND 10% ON ANY AMOUNT OVER $70,000, plus 3) sales tax unless the purchaser is exempt by law from such taxes.

ACCEPTANCE OF BID: As each item is sold, the Auctioneer shall announce the winning bid and the Buyer's Number of the winning bid. Failure of the person assigned to the Buyer's Number to object at the time of announcement shall constitute an acknowledgment of the bid and purchase. The purchaser is legally liable to pay for the item or pay the difference if we must reoffer and sell the item for a lower price.

REGULATION OF BID: The Auctioneer shall regulate the bidding and shall be the sole arbiter of any disputes. We reserve the right to withdraw property at any time before the sale and reject a bid from any bidder.

PAYMENT AND PICKUP: Invoices must be paid in full or a 25% deposit paid on the day of sale. The balance of the invoice must be paid in full and merchandise picked up within three days of the date of sale. A storage fee may be charged if merchandise is left longer than two weeks. We are not responsible for shipping, but if packing and handling of purchased lots is done by us, it is done at the entire risk of purchaser.

ABSENTEE BIDS: Absentee bids are accepted until fifteen minutes prior to the start of the auction for all lots in the auction. Absentee bids for later lots may continue to be accepted according to announcements or signs posted on the office window. A deposit may be requested on absentee bids over $4000.00. The auctioneer will bid the absentee bid against floor bidders. In the event of a tie, the floor bidder shall prevail. The Gallery assumes no responsibility for failure to execute any bid for any reason and absentee bids are made subject to the Conditions of Sale. Absentee bidders are requested to call after 11am on the first weekday following the sale to find out if they were successful.

NO TRANSFERS: No lots shall be sold, transferred, or assigned to anyone other than the winning bidder prior to the removal of the lot from the Gallery and only the winning bidder shall remove the lot.

RISK OF LOSS: In the event delivery cannot be made because of loss due to fire, theft, or any other reason, the Gallery shall only be liable for the return of any deposits or payments made by the purchaser.

NO WARRANTY; ALL ITEMS SOLD "AS IS AND WHERE IS" THE GALLERY, ITS AGENTS AND EMPLOYEES, AND THE CONSIGNOR DO NOT WARRANT ANY LOT TO BE MER CHANTABLE OR TO BE SUITED FOR ANY PURPOSE AND THEY DO NOT ASSUME ANY RISK, LIABILITY OR RESPONSIBILITY FOR ANY PERSON AS TO AUTHENTICITY, GENU INENESS, CULTURE, SOURCE, ORIGIN, ATTRIBUTION, PERIOD, PURPOSE OR MEASURE MENTS OF ANY LOT. THESE CONDITIONS MAY NOT BE ALTERED OR MODIFIED EXCEPT BY AN INSTRUMENT IN WRITING, SIGNED BY AUCTIONEER AND BUYER.

Any condition statement is given as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. The Gallery shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging.

RIGHT OF RECISSION: Notwithstanding the preceding conditions, if within 21 days of the date of sale of any lot, the original purchaser (a) gives notice in writing to us alleging that the identi fication of Authorship (as defined below) of such lot is not substantially correct based on a fair reading of the catalogue (including the terms of glossary contained therin), and (b) with 10 days after such notice returns the lots to us in the same condition as at the time of sale and (c) establishes the allegation in the notice to our satisfaction then the sale of such lot will be re scinded and the original purchase price refunded. Nothing in this paragraph shall be construed as an admission by us of any representation of fact, express or implied, obligation or responsibil ity with respect to any lot. The purchaser's sole remedy in the physical condition and size, quality, rarity, importance, provenance,exhibition and literature of historical relevance. Although our best judgment is used in attributing paintings, drawings and sculpture created prior to 1870 through the appropriate use of the glossary terms, and due care is taken to ensure the correct ness of the supplemental material, the right of rescission does not extend to any possible errors or omissions therin.

PAYMENT: Cash, cashier's check, wire transfer, personal check (items may be held until the check clears), and ATM.. MasterCard & VISA accepted, but not for vehicles. If any legal action is commenced to enforce these Conditions of Sale, the prevailing party shall be entitled to re cover its reasonable attorney's fees and costs. Time is of the essence.

DO WE GUARANTEE THAT A CERTAIN PIECE OF ART IS BY A PARTICULAR ARTIST? PLEASE SEE THE CATALOG DESCRIPTION.

1)If it says "by... (artist's name)" then we guarantee it is by that artist. If the buyer subsequently finds that we are mistaken, we will cancel the sale and refund the purchase price, provided 1) It is done within 3 weeks of the date of the sale and 2) we are given written proof by an accepted expert, as stated above.

2) If the description says "Attributed to ...(artist's name)" we believe it is by that artist but do not guarantee it.

3) If the description says "Signed by (certain artist)" we are not guaranteeing it is by that artist, although it bears his name.

4) If the description says "In the style of" we do not believe it is by that artist, but is similar.

We try, whenever possible, to provide auction records of previous works by artists in our auction, even when we do not guarantee authenticity, as a guide for our customers on how those artists' works sell at auction.