Modern Masters Fine Art, Prints and Antiques

DARGATE AUCTION GALLERIES, LLC TERMS AND CONDITIONS The below listed "Conditions of Sale" are the complete and only understanding on which property in any auction is sold. 1. CAVEAT EMPTOR: The property purchased at Dargate is sold "AS IS" without any representations or warranties, express or implied, by Dargate or its consignor(s) as to the merchantability, fitness for a particular purpose, or description of any property. BY BIDDING ON AN ITEM YOU ARE ENTERING INTO A BINDING LEGAL CONTRACT. IF YOU HAVE NOT RESPONDED TO US OR OUR SHIPPING CORRESPONDENCE BY THE CLOSE OF THE TWENTY-FIRST DAY AFTER THE LAST DAY OF THE AUCTION, WE WILL AUTOMATICALLY CHARGE YOUR CREDIT CARD WITH THE PURCHASE PRICE OF THE ITEM(S) BID UPON. 2. BUYER PREMIUM, SHIPPING, SALES TAX: a charge of 17.5% will be added to the final bid price, and is payable by the buyer, together with packing and shipping costs, and Pennsylvania sales tax (7%), unless the property is shipped to a state other than Pennsylvania, or the property is purchased for resale under a proper State resale number, or other legal exemption. 3. PAYMENTS: Visa, Master Charge, American Express, cash, bank or certified checks, wired funds, or personal checks drawn on a Pennsylvania bank, are acceptable forms of payment, and property may be immediately picked up or shipped by us. Personal checks drawn on non-Pennsylvanian banks are acceptable; however, property may not be picked up or shipped until the 11th day following receipt of the check. In Dargate's sole discretion, a sale may be nullified if payment is not received from the buyer within 15 days of the auction close. 4. RESERVES: under Pennsylvania law, unless expressly stated otherwise, all property in an auction is considered subject to a reserve (a confidential amount below which an item will not be sold). Buyers should assume that all property in Dargate auctions are reserved. Dargate reserves the right to bid on behalf of its consignors up to, but not more than, the reserve to protect against selling at a price below the reserve. This will be accomplished as necessary by Dargate placing successive bids, or bids in response to buyers' bids. 5. MISCELLANEOUS: (a) all measurements and weights are approximate, (b) Dargate will ship purchases as requested-all costs paid by buyer (c) Dargate, in its sole discretion, reserves the right to refuse a bid or withdraw property for any reason prior to the final auction close, (d) Dargate will decide any bidding disputes, (e) Dargate will not be responsible for computer breakdowns, viruses, interruptions, or programming errors, (f) if purchased property cannot be delivered by Dargate for any reason, the sale shall be deemed cancelled without any liability to Dargate. (g) Under no circumstance will Dargate's liability exceed the purchase price of an item. (h) legal matters will be governed under Pennsylvania law. 6. BUYER'S OBLIGATIONS: (a) Pay promptly in good funds, (b) buyer pays all shipping, insurance and packing costs, (c) buyer must remove or cause property to be shipped from Dargate's premises within 40 days of the auction close. Storage charges of $5.00 per item per day will be incurred by the buyer beyond the 40 day limit and must be paid before the property is released, (d) promptly advise Dargate of any problems. 7. SHIPPING INFORMATION: You will receive a general email approximately three days after the last day of the auction notifying you if you have won any lots and asking you to provide a mailing address and payment information. Also you will be given a buyer number in the 6000's. It is essential that you provide a mailing address so that shipping quotes can be made. The quotes are estimates that may be adjusted. In all correspondence with Dargate, use the 6000 buyer number to identify yourself. Allow four to six weeks for the delivery of your packages. If you win an oversized lot that Dargate cannot ship, we will give you the names of alternate shippers. In this case, a prompt decision on which shipping company you wish to use for an oversized item must be made so that Dargate can receive the monies due for the lots before shipping will occur. 8. BIDDING INCREMENTS: unless otherwise indicated by the auctioneer, the following bid increments will be used. $ VALUE INCREMENT 0 TO 49 5, 50 TO 199 10, 200 TO 499 25, 500 TO 999 50, 1000 TO 1,999 100, 2000 TO 4,999 250, 5000 TO 9,999 500, 10000 TO 19,999 1000, 20000 TO 49,999 2500, 50000 TO 999,999 5000, 100,000 TO 249,999 10,000, 250,000 TO 9,999,999 25,000.

Pennsylvania sales tax (7%), unless the property is shipped to a state other than Pennsylvania, or the property is purchased for resale under a proper State resale number, or other legal exemption.