Mattress Factory Museum - Contemporary Art

CONDITIONS OF SALE FOR THE AUCTION: This constitutes Mattress Factory's entire agreement with the purchaser relative to the property to be sold on October 18, 2008. The following Conditions of Sale are the complete and only terms and conditions on which all property is offered for sale. 1. All works have been donated by the artists listed or their designated agents to the Mattress Factory for the purpose of this auction. All property is sold "AS IS" and neither we nor the Consignor makes any guarantees, warranties or representations, expressed or implied, with respect to the property or the correctness of the catalog or other description of the authenticity of authorship, provenance, exhibitions, literature or historical relevance of the property or otherwise. No statement anywhere, whether oral or written, shall be deemed such a guarantee, warranty or representation. Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been restored. The Mattress Factory makes no representation or warranty as to whether the purchaser acquires any reproduction rights in the property. 2. We reserve the right to withdraw any property before sale. 3. Unless otherwise announced by the auctioneer, all bids are per lot as numbered. 4. We reserve the right to reject any bid. The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of any dispute between bidders, or in the event of doubt on our part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sales record is conclusive. Although in our discretion we will execute order bids or accept telephone bids as a convenience to clients who are not present at auctions, we are not responsible for any errors or omission in connection therewith. 5. Order bids are executed by a designated Mattress Factory employee. 6. If the auctioneer decides that any opening bid is below the value of the article offered he may reject the same and withdraw the article from sale, and if, having acknowledged an opening bid, he decides that any advance thereafter is insufficient, he may reject the advance. 7. All sizes are approximate and size refers to size of image. 8. All transactions must be complete before property is removed from the premise. Possession of purchased property will not turn over to bidder until checks have been cleared or arrangements for payment have been made with the Museum. Cash, certified check, Master Card, Visa, American Express or personal checks with prior approval are acceptable terms for purchases. 9. If an article sold cannot be delivered by reason of theft, breakage, or other damage prior to check- out, the sale shall be deemed canceled without any liability on the part of the Mattress Factory. 10. All merchandise must be picked up as soon as practicable following the sale, in no case later than Saturday, October 25, 2008 by 5PM. Merchandise not picked up in time will be re-auctioned or resold without further notice to the purchaser and deposits will be forfeited. Further, in the event of loss or such resale, the original will be responsible. 11. Merchandise will be packed and transported by the purchaser at his own risk and expense. 12. Bidding on merchandise automatically constitutes agreement with these terms. 13. IMPORTANT NOTICE: A premium of 15% will be applied to all property sold in house, and 15% to all property sold through the internet, to be paid by buyer as part of the purchase price Auction License: Sam Berkovitz AU003292-L

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