FINE ART, ANTIQUES & ESTATE OF NINA UNTERMYER

The conditions set forth below constitute the terms and conditions on which all property is offered for sale. Bidding at auction, whether present, by absentee bid or Live Auctioneers, the buyer agrees to be bound by these terms. Your bid is a contract. Bidders are required to register with proper identification prior to the sale and must use the number issued to them when they are the successful bidder. ***ONLINE BIDDERS WILL NEED TO PROVIDE PROPER IDENTIFICATION BEFORE BIDDER APPROVAL. ONLINE BIDDERS WILL NEED TO FILL OUT A BIDDER REGISTRATION FORM PRIOR TO APPROVAL BY FOLLOWING THIS LINK - http://secure.jenack.com/AbsenteeBidForm.aspx - (cut and paste into browser) or by filling out and emailing the supplied form. BIDDER APPROVAL IS AT THE SOLE DISCRETION OF WILLIAM JENACK AUCTIONEERS*** All items are sold to the highest bidder as acknowledged by the auctioneer. The auctioneer has the right to reject any bid; to advance the bidding at his discretion; and, in the event of a dispute between two bidders, determine the successful bidder or to re-offer and resell the lot in dispute. Should there be any dispute after sale, the record of final sale shall be conclusive. All sales are final. Absentee bids will be executed as a convenience to the customer; however, the auction house will not be responsible for any errors or failure to execute bids. (Absentee bids and telephone bids are subject to an in-house buyer's premium of 18%) Prospective absentee bidders should consult the bid increment scale to ensure their bids conform to our printed bidding increments. A minimum bid of $25.00 required on each absentee bid. In the event a left bid is higher than competing bids in the auction hall, the left bid will win the item at the next bidding increment, not necessarily the full amount of the bid. All auction sales and telephone bidding are recorded. The auctioneer reserves the right to withdraw any lot before or at the sale. Some items offered may be subject to a reserve, which is the confidential minimum price below which such lot will not be sold. We may implement such reserves by bidding on behalf of the consignor. A 21% buyer's premium will be added to the hammer price of each lot sold though Live Auctioneers in our Fine Arts sales. Buyer's premium discounted in house. Buyers are required to pay sales tax on the total sales price, including the buyer's premium. All purchases are subject to the New York State Sales Tax of 8 1/8% (8.125) unless the purchaser possesses a Tax Exemption Number or an out of state tax number. Request NYS form ST-120 must be completed and kept on file. The purchaser is legally responsible for payment. Payment must be made on day of purchase unless prior arrangements have been made with the auction house. Payments accepted are cash (In House Only), Cashier's check, Traveler's check, Bank Wire Transfers ($30.00 Bank Service Charge). Payments by MasterCard, Visa, Discover Card, or PayPal is limited to a maximum of $5000 per auction with balances over that amount ($5000) to be paid in cash or certified funds. (NO EXCEPTIONS) The auction house will hold property until checks clear. When paying by check, checks must be dated and bankable on day of purchase. CHECKS WILL NOT BE HELD FOR ANY PERIOD OF TIME. First time buyers must pay by cash (In House Only), guaranteed funds or credit card. Payment must be made within five (5) days of the sale date. A service charge of 1.5% will be added each month to unpaid balances beginning thirty (30) days after the sale date. Failure to complete payment within the time allocated may result in legal proceedings and most definitely will result in no-issuance of a bidding number in the future. A $50 fee will be added for returned checks. If a check fails to clear after the second deposit, the purchaser will be held responsible for any and all fees incurred during the collection process, i.e., legal and bank fees. Detailed condition reports are not included in this catalogue. 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. It is the responsibility of prospective bidders to examine lots in person, through an agent or by contacting the gallery to determine their lever of interest. Requests for condition reports with additional photographs can be made by emailing through the link on this page. Contact the gallery for verbal reports at 845-469-9095, ext. 24. Any condition report given, as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. All counts, weights and measurements are approximate. Any mechanical devices are assumed not in working order unless otherwise stated. The Auction House shall bear no responsibility for any error or omission. All items must be picked up, or shipping arrangements made, within ten days of the day of sale. All bidders must email (shipping@jenack.com), call (845-469-9095) or fax (845-469-8445) notification back to William Jenack Auctioneers regarding their chosen shipper. Pick-up times are Monday through Thursday between 9AM and 4:30PM. William Jenack Auctioneers, Inc. will bring purchases to successful buyers, and/or their shippers, but buyers, and/or their shippers, must pack/wrap and load their items. The purchaser must pay the shipper in advance for all packaging expenses, including labor, materials, postage, and, if applicable, insurance fees. If the property purchased is subject to laws governing export from U.S. or laws restricting imports into foreign countries, the granting of licensing for export and/or import of such goods is the responsibility of the buyer. Any items left at the gallery for more than two weeks following the sale will incur storage fees at a rate of $5.00 per lot per day (this rate applies to all items regardless of size or value). Items still remaining 45 days after the auction date will be consigned to a future auction without additional notice to the purchaser. Contact: shipping@jenack.com. William Jenack Auctioneers shall have not liability for any damage to property left on its premises for more than five days following the sale. PLEASE SEND ALL SHIPPING REQUESTS TO SHIPPING@JENACK.COM OR CALL OUR OFFICES AT 845-469-9095 EXT 25 **PLEASE NOTE THAT DUE TO CHANGING LOCAL AND INTERNATIONAL LAWS WILLIAM J. JENACK CAN NOT EXPORT ANY OBJECT THAT CONTAINS ANY FLORAL OR FAUNA DERIVED FEATURE, PLEASE BID ACCORDINGLY.** All expenses incurred must be paid for by the purchaser. Please be aware that framed works of art are costly to pack/ship, it is not uncommon for the price of packing/shipping to exceed the purchase price. Returns will NOT be accepted as a result of packing/shipping costs. We will not be held responsible for choosing a shipper in the event of any act and/or omissions in packing. We do not assume responsibility for damages. Regardless of shipping method, auction house must have received cleared funds to release property. IF PAID PROPERTY IS NOT REMOVED WITHIN FORTY FIVE (45) DAYS AFTER THE CLOSE OF THE AUCTION, UPON RECEIPT OF WRITTEN CONFIRMATION OF SELLER TO PURCHASER, THE OWNERSHIP OF THE ITEM SHALL REVERT TO THE GALLERY. ***SHIPPING CHARGES ARE NON-REFUNDABLE*** For items not handled by our in-house shipper we recommend that the buyer contact one of the following shipping agents: Craters & Freighters, 800-736-3335, cfinfo@cratersandfreighters.com, for international shipping. Frank LaBarbera's 845-355-7770; PlyCon 888-655-2664, Brian UPS Store, 718-802-0900, store5236@theupsstore.com; UPS Store #1747, 367 Windsor Hwy., New Windsor , NY 12553, 845-565-2300, fax 845-565-4300. All shipping arrangements and payments for shipping and any other related fees must be made directly with the shipper. Buyer must provide gallery with signed authorization for release of the property that states your name, sale date, lot number and choice of carrier. (Fax information -845-469-8445) GALLERY WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO PROPERTY LEFT FOR MORE THAN 14 DAYS AFTER SALE. The seller shall assume NO RESPONSIBILITY for damage or loss by the shipper, i.e. UPS, USPS, FEDEX, DHL, etcetera. If a loss or damage should occur during shipment, it is incumbent upon the buyer to file for recovery of any losses incurred. Under no circumstances can the claim exceed the hammer price (not including the buyer's premium). PLEASE NOTE: Shippers refuse to acknowledge the buyer's premium as a requisite part of the sale amount. Unless otherwise stated all artwork sold by William J. Jenack Auctioneers is assumed either "after," "school of," "circle of" or "manner of" and will carry no warranties or guarantees as to authorship or authenticity weather stated or implied by any other parts of this agreement. Ignorance of the terms is no basis for any action towards William Jenack Auctioneers or their consignors. Returns are generally not accepted, as stated "all sales final". Under special circumstances returns may be accepted, if it is determined the auctioneers have erred in their catalogue description within fourteen (14) days of point of sale. (UNDER NO CIRCUMSTANCE WILL THIS TIME PERIOD BE EXTENDED UNLESS ARRANGEMENTS HAVE BEEN MADE WITHIN THE TWO (2) WEEK PERIOD.) The decision is that of the gallery and final, unless special arrangements have been made for an extension. However, if the auctioneer should make verbal additions, correction or modifications to the catalogue at the point of sale, this disclosure formally amends the printed catalogue description. All sales are audio/video taped to validate any changes made by the auctioneer to the catalogue description. Any returns must be accompanied by a written statement from a mutually agreed upon arms length third party with the necessary credentials to verify the discrepancy and/or lot in question. These terms do not apply to any items identified in the catalogue as "In the Manner of, Style of Circle of, After, or Attributed to". Auctioneers do not warranty any verbal accounts of integrity or condition offered for telephone/absentee clients. Note: SHIPPING CHARGES AND BUYER'S PREMIUM WILL NOT BE REFUNDED ON ANY RETURN. A work catalogued with the name(s) or recognized designation of an artist, without any qualification, is, in our opinion, a work by the artist in other cases, the following expressions, with the following meanings are used: "Attributed to . . .'' in our opinion probably work by the artist in whole or in part. "Studio of . . ." in our opinion a work executed in the studio or workshop of the artist, possibly under his supervision. "Workshop of . . .''. "Circle of . . .'' in our opinion a work of the period of the artist and showing his influence. "Follower of . . . " in our opinion a work executed in the artist's style but not necessarily by a pupil. "Manner of . . . '' in our opinion a work executed in the artist's style but of a later date. "After . . .'' in our opinion a copy (of any date) of a work of the artist. "Signed . . .'' in our opinion the work has been signed/dated/inscribed by the artist. The addition of a question mark indicates an element of doubt. "With signature . . '' in our opinion the signature/date/inscription is by a hand other than that of the artist. **ANY PAID ITEMS LEFT AT THE GALLERY FOR MORE THAN 90 DAYS BECOMES GALLERY PROPERTY AND WILL BE SOLD.** ALL PHOTOGRAPHS USED ARE THE PROPERTY OF WILLIAM JENACK AUCTIONEERS, UNAUTHORIZED USE WILL BE PROSECUTED.

POST AUCTION PAYMENT-THE WINNING BIDDER WILL RECEIVE AN INVOICE VIA EMAIL TO THE ADDRESS REGISTERED WITH LIVE AUCTIONEERS ON MONDAY FOLLOWING THE AUCTION AFTER 1:00PM. INSTRUCTIONS FOR PAYMENT AND A LINK TO PAYPAL IS INCLUDED.