Fall Fine Art Auction

AUCTION: TERMS & CONDITIONS Matthew's Galleries acts solely as an authorized agent for various owners, consignors or itself. It exercises due consideration in describing all items listed and uses careful judgment in ascribing authorship, but offers no guarantee* regarding authorship, authenticity, age, condition, or description in any respect. MATTHEW'S GALLERIES DOES NOT SHIP OR PACK ANYTHING, but will make a referral to a packer/shipper-- see clause #9 below. Prospective bidders need to realize that shipping and packing can be costly, and advance inquiries concerning shipping and packing may be prudent. The property described in the catalog or on the Internet may be amended by notice or announcement at sale time. The owners or others authorized to sell the lots are hereinafter referred to as Sellers. The person or persons acknowledged by the auctioneer to be the highest bidder on a lot shall be hereinafter referred to as the Buyer or Buyers. Matthew's Galleries reserves the right to change the terms & conditions by oral announcement. Any such change shall become part of the “Terms & Conditions”. By placing of a bid through eBay Live, whether present at the sale in person, or by agent, or by written or oral bid, or by telephone or any means, the Buyer agrees to be bound by these terms & conditions. All prospective bidders must register with eBay Live and meet certain criteria before being accepted as a bidder. 1. The highest bidder acknowledged by the auctioneer shall be the Buyer. In the event of any dispute between bidders, the auctioneer has the absolute discretion to determine which bidder is the successful Buyer or to re-offer the lot in dispute and resell it. 2. In the event of any dispute after the sale, Matthew's Galleries record of the final sale price and of the successful buyer shall be conclusive. Matthew's Galleries reserves the right to withdraw any lot before or during the sale. 3. Many lots in the auction are sold subject to a reserve. Such reserve is confidential, but in no case will the reserve exceed the low estimate. The auctioneer may reject any bid or increment not commensurate with the value of the lot. 4. Bidders may leave absentee bids through eBay no later than two hours before the auction commences, or bid live through eBay on the Internet, subject to the eBay User Agreement and Matthew's Galleries Auction Terms & Conditions. 5. Buyer's Premium & Payment for eBay Live purchases: The purchase price payable by the buyer shall be the sum of the final bid (also known as the hammer price), plus a premium of 21% of the final bid price. Payment may be made by cash, check, money order, Visa or MasterCard in US dollars. No merchandise will be released to the buyer until fully paid, and merchandise will be held until checks clear. Winning eBay Live bidders will receive an email notification within 24 hours of the auction, and payment must be received no later than 5 days after this notification. Oregon does not have a sales tax. 6. Property removal: All property must be removed from our premises by the Buyer at their expense not later than 10 business days following its sale and, if it is not so removed, a storage & handling charge of $5 per day, per lot, will be payable by the purchaser until its removal. After 30 days, if any applicable conditions herein are not compiled with by the Buyer in addition to other remedies available to us and the Consignor by law, including without limitation the right to A) hold the Buyer liable for the total purchase price, we at our option may either cancel the sale, retaining as liquidated damages all payments made by the purchaser or B) resell the property at public auction or privately, and the Buyer shall be liable for any deficiency, costs, including handling charges, the expenses of both sales, or commission on both sales at option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or, in the case of bank or cashier's checks, we have confirmed their authenticity. As between Matthew's Galleries and Seller, if the successful bidder does not pay for the property, collection procedures shall be the responsibility of Seller and not Matthew's Galleries. 7. *Limited Warrantee: Matthew's Galleries nor the Sellers make no warranties nor representations of any kind or nature with respect to the property, and no statement in the catalog or made at the sale, or in the bill of sale or invoice or elsewhere shall be deemed an assumption of liability or a warrant or representation as to the authorship, description, genuineness, attribution, date, period, provenance or condition of the property. Matthew's Galleries and the Sellers make no representation or warranty as to whether the successful bidder acquires any reproduction rights in the property. Although Matthew's Galleries exercises due care in describing the lots listed and uses good judgment in ascribing authorship, it does not make any express or implied warrantee as to such authorship. *Notwithstanding, Matthew's Galleries may, but shall have no obligation to, consider any reasonable request for refund on the grounds of authenticity of authorship only, and only under the following conditions: A) Notification must be made to Matthew's Galleries in writing within 4 days of receipt of the lot. B) The lot must be returned within 7 days of receipt of the lot, accompanied by written testimony from a recognized authority of the specific artist in question, that the lot in question is a forgery. C) The limited warrantee does not extend to the lots identified as attributions, school, circle, manner, or after, and does not cover the condition. D. The limited warrantee is applicable only to the original Buyer. 8. It is the buyer's obligation to inspect each lot before the auction to determine the true condition. If this is not possible, the buyer may send an agent to inspect the same, or Matthew's Galleries will, in good faith, attempt to describe the condition of all property accurately and reasonably. Since condition descriptions are subjective and a matter of interpretation, Matthew's Galleries assumes no responsibility for its descriptions or “condition reports”, and all property is sold “as is.” 9. MATTHEW'S GALLERIES DOES NOT SHIP OR PACK ANYTHING. As a convenience to the Buyer, Matthew's Galleries will make a referral for packing and shipping. Our referrals are based on favorable past experience with the packers & shippers, but Matthew's Galleries accepts no responsibility with respect to the experience the Buyer has with the packer & shipper. The Buyer must call and make arrangements with a shipper to have their purchases retrieved from the gallery, packed and shipped. This is at the request, expense, and risk of the Buyer, and Matthew's Galleries assumes no responsibility for the lots or their timing delivery. Insurance for in transit lots is the responsibility of the Buyer as well. BIDDING AT THIS AUCTION THROUGH eBAY LIVE CONSTITUTES YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE "TERMS & CONDITIONS" & eBAY USER AGREEMENT Matthew's Galleries - 15800 Upper Boones Ferry Rd Lake Oswego - Oregon 97035 503-639-7074

NO OREGON SALES TAX