Fine Arts, Asian Antiques & Prints Sale

TENGA GALLERY AUCTIONEER CONDITION OF SALE Any buyer to Tenga Gallery Live Auctions must accept the following Terms & Conditions to participate in Tenga Gallery's Live Auctions. Buyer acknowledges that by accepting these Terms and Conditions, you are opting in to receive emails and notifications about this sale and by placing a bid during a Tenga Gallery Live Auction that such bid constitutes acceptance of the following terms: 1. Buyer's Premium: A buyer's premium shall be added to each purchase to reach the total sales price. The buyer's premium on property purchased will be in the amount equal to 10% of the final bid price. The buyer's premium is subject to change upon posting notice by Tenga Gallery. 2. Total Sales Price: The total sales price of an item includes (i) the hammer price of the item (ii) the buyer's premium (iii) applicable sales and other taxes due on account of the sale, (iv) packing, shipping transportation and insurance charges, CITIES permits, and customs fees and charges and duties, if applicable, and (v) any other amount due from the Buyer as provided in the Seller's E-commerce Policies posted on the Item Detail Page. Buyer may be charged California sales tax and/or any local tax on the total purchase price. Any buyer with a valid California resale permit must provide a resale certificate with resale number and signature to comply with tax exempt sale requirements. 3. Online Bidding: By registering to bid through Tenga Gallery's Live Auction service, you agree to accept Tenga Gallery' policies of bid history disclosure, including the policy that live online bidder's increments are not reported when bidding against an absentee bid until the absentee bid is surpassed. Please register to bid well in advance of the start time. Neither Tenga Gallery's nor its suppliers or affiliates will be held responsible for errors or failure to execute bid(s). Absentee bids must be submitted electronically during the preview period on http://www.ebayliveauctions.com, or http://www.eBay.com. 4. Methods of Payments: Shipping, insurance and price must be paid in advance. A purchaser may utilize one or more of the following methods of payment: cash(in house only), traveler's checks, cashiers or certified checks, money order, personal checks, western union, and bank wire transfer. Tenga Gallery reserves the right to hold items purchased by check, cashiers or certified checks, money order, until the check has cleared. Tenga Gallery will charge a fee of $50 for any dishonored check. Purchasers may also choose to pay by paypal, Visa, MasterCard, and American Express. Tenga Gallery will charge a fee of $50 for any unreasonable and groundless chargeback claim filed. 5. Payment Due: Buyer shall communicate with Tenga Gallery within three (3) days of the completion of the auction. Complete payment is due upon receipt of notification of a successful bid and shall be received by the Tenga Gallery no later than 10 days following the auction. Title shall pass to the Buyer once payment in full has been made. All shipping charges will be borne by the Buyer unless otherwise negotiated with Tenga Gallery. Any risk of loss during shipment will be borne by the Buyer following delivery of the purchased item to the designated common carrier. 6. Shipment: Tenga Gallery may, in its discretion and at a purchaser's request, package and ship items as directed by the purchaser. In such event, purchaser agrees that (a) all such packaging, handling and shipping is at the sole risk of the purchaser and that Tenga Gallery shall have no liability for any loss or damage to such items, and (b) purchaser shall pay in advance, all packaging expenses, including labor, materials and postage and carrier fees, and all insurance charges. Allow four to six weeks for shipping. 7. Storage of Item: All merchandise purchased must be paid for and removed from the premises within 15 days of the date of sale. Tenga Gallery may impose, and the purchaser agrees to pay, a monthly storage charge ranges from $1 to $50 depending on the size of the item. Tenga Gallery shall have no liability for any damage to the property left on its premises after 15 days of the date of the sale. At the option of Tenga Gallery, the merchandise may be transferred to and stored at a bonded warehouse and the purchaser agrees to pay all transfer and storage expenses. Tenga Gallery may impose and the purchaser agrees to pay, a monthly interest charge of 1% of the purchase price of any lot or item not paid by the purchaser within forty-five (45) days of the date of sale. 8. Winning Bid: Tenga Gallery reserves the right to reject a bid from any bidder. The highest bidder shall be the buyer and if any dispute arises between two or more bidders, the auction coordinator shall decide the buyer, or to re-offer and resell the article in dispute. If any dispute arises after the sale, Tenga Gallery's sale record will be conclusive. Although Tenga Gallery will execute order or absentee bids, as a convenience to clients who are not present at auctions, Tenga Gallery is not responsible for any errors or omissions in connection therewith. 9. Record of Sale: The record of sale, posted on Tenga Gallery Live Auctions, will be taken as absolute and final in all disputes. 10. Reserve Price: All the lots are offered subject to a reserve. A reserve is a confidential minimum price below which such a lot will not be sold. Tenga Gallery will act to protect the reserve by bidding through the auctioneer. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the Seller and may continue to bid on behalf of the Seller up to the amount of the reserve. This may be done by placing consecutive bids or by placing bids in response to other bidders. After a lot has been auctioned, but has failed to sell because it has not reached the reserve, Tenga Gallery, at its discretion, may reveal the reserve the prospective post-sale purchasers. 11. Estimates: Catalogue descriptions of each lot generally include an estimated range of prices, within which Tenga Gallery estimates the lot may sell. These estimates tend to be much lower than our approximate valuations. They should not be taken as comparable auction values, or as "prices." These estimates are made before the sale and are sometimes revised before the sale. Pre-sale estimates do not include the buyer's premium or applicable state/local taxes and other expenses. 12. Inquiries: All inquiries regarding lots must be sent directly to the Tenga Gallery via email and received 24 hours prior to the start of the auction. 13. Copyrights: The copyright in the text of the catalogue, our websites, photographs, and illustrations of lots contained in the catalogue and websites belong to us. No one is allowed to reproduce or permit anyone else to reproduce such text, photographs, or illustrations without our prior written consent. 14. Withdrawal Prior to Sale: Tenga Gallery reserves the right to withdraw any property before the sale and shall have no liability whatsoever for such withdrawal. If the auctioneer decides that any opening bid is not commensurate with the article offered, he may reject the same and withdraw the article from the sale, and if, having acknowledged an opening bid, he decides that any advance thereafter is insufficient, the auctioneer may, in his sole discretion, reject the advance. 15. Condition: All property is sold "as is". All sales are final. Neither Tenga Gallery, the auctioneer, nor any consignors makes any warranties or representation of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, or description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability. Absolutely no sales shall be canceled due to age estimate, condition issues, or whether or not they are expressed in the condition report. 16. Items Description: As a service to prospective purchasers, Tenga Gallery may estimate the age and describe the physical condition of certain lots included in the catalogue. These reports are only the opinion of Tenga Gallery. Whether or not additional damages, repairs, restorations or other defects are described for certain lots, does not mean that all defects to such lots are described or that similar conditions do not exist with respect to other lots although not noted. Such descriptions are not intended to negate the conditions of sale included in this catalogue. All items in the catalog are sold as described by Tenga Gallery. The description, age estimate, and condition reports are only an opinion of Tenga Gallery. No statement regarding age, condition, kind, value or quality of a lot shall be construed to be an expressed or implied warranty, representation or assumption of liability by Tenga Gallery. Discrepancies of description shall be decided by mutually agreed upon experts whose determination must be in writing and is at the expense of the Buyer. Items are ascribed to given artists, age, and origins only upon exercise of Tenga Gallery's best judgment or that of an outside expert. No unqualified statement as to authorship is made. Tenga Gallery suggests that the prospective bidder seek the advice of his own expert before bidding on any particular lot. Tenga Gallery makes no representation or warranty as to whether the purchaser acquires any copyrights, including, but not limited to, any reproduction rights in the property. Tenga Gallery, its employees, or agents, do not guarantee the genuineness, authenticity, condition, or description of any catalogued lot. Absolutely no sales shall be canceled due to age estimate, condition issues, or whether or not they are expressed in the condition report. 17. Breach: If the purchaser breaches any of its obligations under these Conditions of Sale, including its obligation to pay in full the purchase price of all items for which it was the highest successful bidder, Tenga Gallery may exercise all of its rights and remedies under the law including, without limitation, (a) right to hold purchaser liable for the total purchase price (2) reasonable attorney's fee connected therein (3) cancel the sale and applying any payments made by the purchaser to the damages caused by the purchaser's breach, and/or (4) offering at public auction, without reserve, any lot or item for which the purchaser has failed to pay in full the purchase price, holding the purchaser liable including but not limited to any deficiency, costs, handling chargers, expenses and commission for both sales, and any and all incidental damages. 18. Liability: In no event will the liability of Tenga Gallery to any purchaser with respect to any item exceed the purchase price actually paid by such purchaser for such item. 19. International Bidders: International bidders and buyers are responsible to meet all customs/cities/import-export regulations. Upon request, Tenga Gallery can assist but cannot be held liable for international laws affecting the delivery of the items. 20. Entire Agreement; Waiver. This Agreement, including the Tenga Gallery User Agreement and all exhibits and other documents incorporated by reference, set forth the entire understanding and agreement of the parties and supersedes any and all other written or oral agreements or understandings between the parties as to the subject matter of this Agreement. 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, Tenga Gallery may amend this Agreement (including any incorporated documents) by posting the amended terms on the Tenga Gallery 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 Tenga Gallery Site, emailed to the Buyer, or otherwise communicated to the Buyer. (It used to read 30 days after the change was posted.) The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. The laws of the State of California shall govern all transactions.

California sales tax of 8.25% applies to all California resident unless valid California resale permit on file.