Fredericksburg Art Auction Catalog

The following Terms and Conditions of Sale are the Fredericksburg Art Auction's and its agents and consignors entire agreement with prospective bidders, bidders, and purchasers relative to the lots listed in the auction catalog, available at www.fredericksburgartauction.com. These Terms and Conditions of Sale and all other contents of this catalog are subject to amendment during or before the sale, by posted notice or oral announcement. The lots will be offered by the Fredericksburg Art Auction as agent for the consignors unless the catalog indicates otherwise. The art illustrated in the Catalog (Fredericksburg Art Auction May 2, 2015 catalog) will be offered for sale by live auction on May 2, 2015 by Fredericksburg Texas Art Auction, LLC (Fredericksburg Art Auction) on premises at 306 W. San Antonio Street, Fredericksburg, Texas, 78624. Fredericksburg Art Auction is not liable for any errors or omissions in Catalog. 1. BUYER'S PREMIUM: The purchase price payable by the purchaser shall be the total of the final bid price (hammer price) PLUS AN IN-HOUSE PREMIUM OF SIXTEEN PERCENT (16%), or an INTERNET BUYER'S PREMIUM OF 19% (via liveauctioneers.com) 2. Unless otherwise announced by the auctioneer, all bids are sold per Lot (each numbered lot of property as represented in this Catalog) and each Lot will be sold AS IS. With respect to Lots, the Fredericksburg Art Auction does not make any guarantees, warranties or representations, expressed or implied, as to merchantability or fitness for a particular purpose, the correctness of the Catalog or the authenticity or description of the Lot, its physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature, or historical relevance. No statement, anywhere, whether oral or written, whether made in the Catalog, an advertisement, a bill of sale, a salesroom posting or announcement, or elsewhere, shall be deemed such a warranty, representation or assumption of liability. In no event shall Fredericksburg Art Auction be responsible for genuineness, authorship, attribution, provenance, period, culture, source, origin or condition of the purchased Property and no verbal statements made regarding the Lot either before or after the sale of the Lot, or in any bill of sale, invoice or Catalog or advertisement or elsewhere shall be deemed such a guarantee of genuineness, or authenticity (subject to the terms of Item 8 stated within). 3. All sales are final, with no exchange or refunds. Title to the Lot passes to the buyer upon the fall of the auctioneer's hammer and the announcement by the auctioneer that the Lot has been sold, subject to compliance by the buyer with all the Terms and Conditions of Sale upon the fall of the auctioneer's hammer, the purchaser will be acknowledged by bidder number by the auctioneer. In addition, purchaser may be required to sign a confirmation of purchase. 4. Terms for all purchases will be cash, check, wire or credit card (see terms below) with settlement and payment due in full the day of the sale unless otherwise arranged. Internet Bidders will be emailed an invoice, due upon receipt. Payments shall be made payable to Fredericksburg Art Auction. At the discretion of Fredericksburg Art Auction, payment will not be deemed to have been made in full until funds represented by checks have been collected or the authenticity of bank or cashier's checks has been confirmed. Credit card transactions carry a 3% convenience fee and will not be accepted for purchases in excess of $10,000. 5. Unless exempted by law, the purchaser will be required to pay all applicable state and local sales, gross receipts, and compensation tax. Proof of exemption must be provided at registration. This tax is not applicable to out of state shipments. In the event of delivery out of state, the purchaser is responsible for any compensating use tax for another state on the total purchase price. 6. Fredericksburg Art Auction and/or auctioneer reserve the right to reject any bids. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer will have absolute and final discretion to either determine the successful bidder or to re-offer and resell the Lot in dispute. If any dispute arises after the sale, the Fredericksburg Art Auction?s sale record shall be final and conclusive. 7. Prospective bidders should inspect the Lot before bidding to determine condition, size and whether or not the Lot has been repaired or restored and to investigate all matters relating to the Lot that is of material importance to the prospective bidder. Any ?condition report? given by the Fredericksburg Art Auction is supplied as a courtesy to prospective bidders and represents only a statement of opinion and are not to be relied on as statements of fact. Such statements do not constitute a representation, warranty or assumption of liability by us of any kind. The condition report is for guidance only and all property should be evaluated by personal inspection by the bidder or a knowledgeable representative. The absence of a reference in the condition report to damage or restoration does not imply that an item is free from defects or restoration, nor does a reference to particular defects imply the absence of any others. Bidding on any item indicates your acceptance of these terms and all other terms announced at the time of sale whether bidding in person, by phone, by Internet, by absentee bid, or through a representative. 8. Buyer agrees that in the event of any controversy or claim arising from or relating to the authenticity of any Lot, the party asserting such controversy or claim shall provide written notice to pursue said claim to Fredericksburg Art Auction within ten days following the sale. Subsequently an opinion by a recognized authority in writing to Fredericksburg Art Auction is required within thirty days after written notice. Upon recognition and agreement of the Fredericksburg Art Auction, the purchased Lot may be returned if in the same condition at time of purchase, and a refund of the full purchase price will be issued to the purchaser. It shall be the sole discretion of the Fredericksburg Art Auction to the veracity of the offered opinion. 9. No Lot may be removed from Fredericksburg Art Auction during the sale. After the sale has been completed and after the purchase price has been paid in full, Lot must be removed from the saleroom or Fredericksburg Art Auction storage facility at the purchaser's expense no later than seven business days following the sale, unless otherwise arranged prior. Fredericksburg Art Auction will, as a service to purchasers, arrange to have Lot packed, insured, and shipped, all charges at the expense and entire risk of purchaser. 10. Most Lots will be offered subject to a reserve or confidential minimum price below which the item will not be sold. In such instances, Fredericksburg Art Auction may implement the reserve by bidding through the auctioneer on behalf of the Consignor. In no event shall the reserve exceed the low estimate in the Catalog. 11. Neither Fredericksburg Art Auction, nor auctioneer, nor Consignor make any representations whatsoever that the purchaser of a work of art will acquire any reproduction rights thereto. 12. These Terms and Conditions of Sale and any other applicable conditions, as well as the purchaser?s and Fredericksburg Art Auction's rights and obligations herein shall be governed by, construed and enforced in accordance with the laws of the State of Texas. If these conditions are not complied with by the purchaser, Fredericksburg Art Auction may, in addition to other remedies available by law, including, without limitation, the right to hold the purchaser liable for the total purchase price stated on the purchase invoice, either (a) cancel the sale and retain as liquidated damages any and all payments made by the purchaser or (b) resell the Lot privately or at public auction on three days notice to the purchaser for the payment of any deficiency in the purchase price and all costs including handling charges, warehousing, the expense of both sales, the commissions, reasonable attorneys fees, any and all other charges due and incidental damages. 13. Fredericksburg Art Auction reserves the right to withdraw a Lot at any time before or during the sale and shall have no liability for such withdrawal. 14. The Fredericksburg Art Auction shall use reasonable efforts to execute telephone, online, and confidential absentee bids as a complimentary, value-added service to bidders unable to attend the sale. Fredericksburg Art Auction shall not be liable for any errors, omissions or failures to execute said bids. 15. Bidding increments will normally follow those stated on liveauctioneers.com but may vary at the sole discretion of the auctioneer.

Fredericksburg Art Auction accepts credit cards only for amounts of 10,000 or less. THERE IS A 3% FEE FOR CREDIT CARD PAYMENTS, on top of invoice amount.