molaa's Art Auction 07

This catalog, as amended by any posted notices or oral announcements during the sale, is the Museum of Latin American Art’s entire agreement with the purchaser relative to the property listed herein. The following Conditions of Sale and any glossary contained herein are the complete and only terms and conditions on which all property is offered for sale. The Conditions of Sale may be amended by posted notices or oral announcements made before or during the sale. By bidding at auction you agree to be bound by these terms and conditions. We reserve the right to withdraw any property before sale and shall have no liability for such withdrawal. Lots offered in this auction will be exhibited for preview at the Museum of Latin American Art at 628 Alamitos Ave, Long Beach, CA 90802 on Sunday, September 9, 2007 from 11:30 a.m. 7:00 p.m., and thereafter following MoLAA’s regular hours of operation, through Friday, October 19, 2007. All bidders must register in order to bid on items in the auction. Registration will be on a confidential basis and no bids will be accepted from unregistered bidders. To register, prior to the day of the auction, call MoLAA at 562-437-1689 or email wcelaya@molaa.org. On the day of the auction, registered bidders will receive a numbered paddle for identification during the bidding and as an instrument with which to make their bids. The lots listed in the catalog will be offered in their numerical order.We reserve the right to withdraw any property at any time and shall have no liability for each such withdrawal. 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 the 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 sale record is conclusive. Although in our discretion we will execute absentee bids as a convenience to clients who are not present at the auctions, we are not responsible for any omissions therewith. 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. On the fall of the auctioneer’s hammer, title to the offered lot will pass to the highest bidder acknowledged by the auctioneer, subject to fulfillment by such bidder of all conditions set forth herein, and such thereupon (a) assumes full risk and responsibility therefore and (b) will pay the full purchase price therefore. In addition to other remedies available to us by law, we reserve the right to impose a late charge of 1% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. The late charge will be imposed pro rata for periods of less than one month. All property must be removed from our premises by the purchaser at his or her expense not later than 5 business days following its sale, and if it is not so removed, (a) a handling charge of 1 % of the purchase price per month until its removal will be payable to us by the purchaser, with a minimum of 5 % for any property not so removed within 60 days of the sale, or (b) we may send the purchased property to a public warehouse at the account, risk and expense of the purchaser. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us by law (including reasonable attorney’s fees), including without limitation the right to hold the purchaser liable for the total purchase price, we at our option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or (b) resell the property at public auction without reserve, and the purchaser will be liable for any deficiency and costs, including handling charges and incidental damages. We shall have the rights afforded a secured party under the California Commercial Code with respect to such property, and we may apply against such obligations all monies or other property held or received by us for the account of, or due from us to, such purchaser. At our 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 cashier¹s checks, we have confirmed their authenticity. The purchaser may not remove any lot from our premises until it has been paid for in full. If a purchaser breaches any of these Terms of Sale, The Museum of Latin American Art may seek all remedies under the law. Each lot is offered 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 MoLAA’s behalf. Some works included in this auction are subject to a 12.5% commission fee on the final sales price. Works subject to a commission fee are so note. Please note: An 10% buyer’s premium shall apply on all purchases made via ebay Live. This amount is in addition to any commission fee, if applicable. Unless exempted by law, the purchaser will be required to pay the California state and local sales tax, or any applicable compensating use tax of another on the total purchase price. The rate of such combined tax is 8¼%. The Museum of Latin American Art provides packing and handling only for items picked up by the purchaser on the day(s) of the auction. However, this service is provided only as a convenience and in no event will MoLAA be liable damage to painting, glass or frames regardless of cause in connection with this free service. A third party vendor of MoLAA’s choice (LA Packing and Crating) will be made available for shipping domestically and internationally on the day(s) of the auction. Any packing and handling required to ship artwork is the sole responsibility of the buyer. Arrangements for packing and handling must be made with the Museum’s designated third party vendor (LA Packing and Crating) or with the Buyer’s chosen vendor. MoLAA is not responsible for any negotiations or issues that may arise through the use of it’s designated vendor (LA Packing and Crating) or any other third party vendor. All Items Shipped Outside The U.S. Will Be Declared At Full Value For Customs. Paintings with glass cannot be insured. Restored items may not be insurable. The Conditions of Sale as well as the purchaser’s and our respective rights and obligations hereunder shall be governed by and construed and enforced in accordance with the laws of the State of California. By bidding at an auction, whether present in person or by an agent, absentee bid or other means, the purchaser shall be deemed to have consented to the jurisdiction of the state and federal courts of the State of California. We are not responsible for the acts or omissions of carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots by us is at the entire risk of the purchaser. In no event will our liability to the purchaser exceed the purchase price actually paid. Bidder does hereby indemnify and hold harmless Auctioneer and Seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever, caused before, during or after the auction. 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 Gallery. We assume no responsibility for the authenticity or the authorship of any property listed in this catalog (that is, the identity of the creator or the period, culture, source or origin, as the case may be, of the property). All property is sold “as isâ€ÂÂÂ, and we make no warranties or representations of the genuineness or attribution of the property nor any warranties or representations of the correctness of the catalog or other description of the physical condition, size, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property, and no statement anywhere, whether oral or written, shall be deemed such a warranty or representation. Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored. All sales are final.We make no representation or warranty as to whether the purchaser acquires any reproduction rights in the property. We will accept bids in person and by fax, e-mail and proxy. Bidders may register in advance (by October 19, 2007 at 5pm PST) to bid by phone during the live auctions. Payment will be accepted in the form of cash, credit card and check. If payment is made by check, art will not be released to bidder until said check has cleared. Absentee and Internet Bidders Please Note: We are pleased to offer absentee and phone bidding for prospective bidders who cannot be present at the auction. Please complete the Absentee Bid and/or Phone Reservation form. Absentee bids left with us are executed competitively and confidentially. In the case of identical bids placed by absentee bidders, the bid received first will prevail. Bids left on ebay are not executed until the item is offered in the live auction and the order in which they are received is not a factor. Bidding increments designated by the Museum of Latin American Art are guidelines only. The Museum of Latin American Art and/ or the Auctioneer reserve the right to deviate from stated bidding increments as they deem appropriate. In the event of a tie bid, preference will be given to the earliest absentee bid received or to the bidder present on the floor. Please note: In rare cases an absentee bid that has been submitted through the Internet, may not be accepted by the Auctioneer conducting the sale (in some cases, an equivalent absentee bid may have been left directly with us at our offices). This may occur even when the Internet absentee bid was placed earlier than an equivalent absentee bid. In all cases the auctioneer has final discretion over which bids to accept. We are not responsible for inadvertent bids, or problems arising due to Internet connections or incorrect computer settings. We make every effort to honor all absentee and phone bid reservations, but we are not liable for any losses incurred as a result of failure to execute absentee bids or failed phone reservations. Submitting left bids or bidding by phone does not imply an extension of credit. All sizes are approximate and size refers to size of image. Internet Bidders Please note: Your bid is a contract. Place a bid only if you're serious about buying the item. If you are the successful and winning bidder, you have entered into a legally binding contract to purchase the property bid on from the seller. You should contact the seller to resolve any questions before bidding. Before placing any bid read the terms and shipping charges. Placing bids by absentee, phone, Internet or live indicates that you understand these terms and shipping charges. Internet purchases may be made by a major credit card only. The Museum of Latin American Art will communicate with winning Internet bidders within 3 days of the close of the auction. Once winning bidders have been contacted by the Museum of Latin American Art, they must respond to the Museum within three days. If an item is materially different than was described, Buyer shall have 48 hours from the date the property is received to notify the Seller. After the 48 hour period all items are considered ‘as is’, without recourse. No lot is returnable on account of property included but not specifically named and described in such lot. In the event of an inconsistency between this Agreement and any other document, which is part of this Agreement, the terms of this Agreement shall govern. From time to time during the term of this Agreement, MoLAA may amend this Agreement (including any incorporated documents) by posting the amended terms on the Liveauctioneers Site, emailing notice of the amendment to the Buyer, or otherwise communicating such amendment to the Buyer. Each amendment will be effective immediately after it is initially posted on the MoLAA Site, emailed to the Buyer, or otherwise communicated to the Buyer. The information in this catalog is believed to be correct. However, MoLAA assumes no liability for omissions or errors. Artwork is sold “as isâ€ÂÂÂ. We reserve the right to refuse to divulge post-auction sales results.