2004 Holiday Fine Art Auction

CONDITIONS OF SALE The following, as amended by any posted notices or oral announcements constitutes the entire terms and conditions on which the property listed in this catalogue shall be offered for sale or sold by Serge Sorokko Gallery. By bidding at this auction the buyer agrees to be bound by these Conditions of Sale. 1. THE AUTHENTICITY OF PROPERTY LISTED IN THIS CATALOGUE IS WARRANTED TO THE EXTENT STATED IN THE "LIMITED WARRANTY." EXCEPT AS PROVIDED THEREIN. ALL PROPERTY IS SOLD "AS IS" AND NEITHER SERGE SOROKKO GALLERY NOR THE CONSIGNOR MAKES ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY OR ITS VALUE, AND IN NO EVENT SHALL THEY BE RESPONSIBLE FOR CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE, AUTHENTICITY, AUTHORSHIP, COMPLETENESS, CONDITION OF THE PROPERTY OR ESTIMATE OF VALUE. NO STATEMENT (ORAL OR WRITTEN) IN THE CATALOGUE, AT THE SALE, OR ELSEWHERE SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION, OR ANY ASSUMPTION OF RESPONSIBILITY. 2. NEITHER SERGE SOROKKO GALLERY NOR THE CONSIGNOR MAKES ANY REPRESENTATION THAT THE PURCHASER OF PHOTOGRAPHS, PRINTS, OR WORKS OF ART WILL ACQUIRE ANY COPYRIGHT OR REPRODUCTION RIGHTS THERETO. 3. As used here, the term “bid price” means the price at the fall of the auctioneer’s hammer to the purchaser and the term “purchase price” means the aggregate of a) the bid price b) a buyer’s premium of 15% of the bid price payable by the purchaser c) unless the purchaser is exempt by law from the payment thereof, any applicable California state or local taxes and d) any applicable shipping & handling charges. 4. The highest bidder acknowledged by the Auctioneer will be the purchaser. In the event of a dispute, or in the event of doubt on the Auctioneer’s part as to the validity of any bid, the Auctioneer will have the final discretion to determine the successful bidder, or the choice to re-offer and sell the property in dispute. 5. Once the Auctioneer has announced “SOLD”, the highest bidder shall be deemed to have purchased the offered lot in accordance with all of the conditions set forth herein and thereupon (a) assumes full risk and responsibility therefore (b) will pay the purchase price in full and (c) will arrange for pick up of said property from the gallery or contact a gallery representative to arrange shipping. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to us by law, including but without limitation in the right to hold the purchaser liable for the purchase price, we at our option may either a) cancel the sale, retaining as liquidated damages al payments made by the purchaser, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs and expenses of both sales, all other charges due hereunder and incidental damages. 6. Serge Sorokko Gallery will be responsible for shipping of the property by the purchaser. The shipping cost will be incurred by the purchaser and will be added to the final purchase price as stated in Paragraph 3. Serge Sorokko Gallery will ship to the shipping address provided by the purchaser. Serge Sorokko gallery is not responsible for any property delivered to an incorrect address due to incorrect shipping address provided by the purchaser. 7. All items must be paid for within three (3) business days of the auction. Serge Sorokko Gallery will notify successful bidders within 36 hours of the end of the sale. Failure to make payment arrangements within three (3) days will result in a Non Paying Bidder being placed on your eBay account. Serge Sorokko Gallery reserves the right to hold artwork paid by check until the check clears. 8. We reserve the right to withdraw any property at any time before the actual sale. Unless otherwise announced by the auctioneer at the time of the sale, all bids are per lot as numbered in the catalogue and no lot shall be divided at sale. 9. Most lots are subject to a reserve; a confidential minimum amount for which the seller is willing to sell a work of art. In no case does the reserve exceed the listed estimates. 10. As a service to those wishing to place absentee bids, we will accept such bids up until one hour in advance of the sale via telephone or online with Liveauctioneers.com or eBAyliveauctions.com. All bids must state the highest bid price the bidder is willing to pay. As noted, a 15% premium payable by the purchaser will be added to the price. In the event of identical bids, the earliest executed will take precedence. Absentee bids called into the gallery or made by walk-ins will be executed in competition with other absentee bids and will be displayed as “Auction Floor Bid” during the live auction in the eBay bid history. The Auctioneer will also be responsible for protecting the reserve of the seller which will also appear as an “Auction Floor Bid”. “Auction Floor Bid” is the designation of eBayLiveAuctions to bids made by the Auctioneer in either situation.. . THE "LIMITED WARRANTY" APPEARING BELOW FORMS PART OF THESE CONDITIONS OF SALE. ======================================== LIMITED WARRANTY We warrant the authenticity and condition of each lot catalogued herein on the terms and conditions set forth below. 1. Unless otherwise indicated in the respective catalogue descriptions (which are subject to amendment by oral or written notices or announcements made by Serge Sorokko Gallery prior to sale): 2. The benefits of these warranties are not assignable and are applicable only to the original buyer of the lot, and are conditioned on the buyer returning the work in the same condition as at time of sale and in the time period specified. (a) The buyer's sole remedy under these warranties shall be the rescission of the sale and refund of the original purchase price paid for the item, and this remedy shall be exclusive and in lieu of any other remedy which might otherwise be available to the buyer as a matter of law. (b) With respect to any print, drawing, photograph, painting, sculpture or watercolor,: in the event that a buyer claims that an item is not authentic, Serge Sorokko Gallery shall have no obligation to rescind the sale unless the buyer has obtained, at the buyer's expense, the opinion of two recognized experts in the field, who are mutually agreeable to Serge Sorokko Gallery and the buyer, that a lot or portion thereof is not authentic.

Local Taxes Apply