Sale of Contemporary Fine Art - (D)

JAFA Editions Live Auctions Buyers Terms & Conditions Buyers must accept the following Terms & Conditions to participate in JAFA Editions Live Auctions. Buyer acknowledges that by accepting these Terms & Conditions you are opting in to receive emails and notifications about this and future sales and by placing a bid during a JAFA Editions 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 is posted on each item detail page. 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. See item detail for more information. 3. Online Bidding: By registering to bid through JAFA Editions Live Auctions you agree to accept JAFA Editions 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. JAFA Editions will not be held responsible for errors or failure to execute bid(s). Absentee bids must be submitted electronically during the preview period at either Ebay.com or Liveuauctioneers.com. 4. Methods of Payments: Acceptable forms of payment are listed in item detail. 5. Payment Due: Buyer shall communicate with Seller 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 Seller 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. See Item detail for more information. 6. Winning Bid: The highest bidder shall be the buyer and if any dispute arises between two or more bidders, the auction coordinator shall decide the buyer. 8. Reserve Price: Some lots are offered subject to a reserve. A reserve is a confidential minimum price below which such a lot will not be sold. JAFA Editions 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. 9. Inquiries: Please email or call us for specific questions regarding lots at Live Auction. Answers will be provided in a timely fashion until Auction start time. We can provide more and detail photos, reference and provenance information on most lots. 10. Withdrawal Prior to Sale: JAFA Editions reserves the right to withdraw any property before the sale and shall have no liability whatsoever for such withdrawal. 11. Guarantee Terms: All items in the catalog are sold as described. No statement regarding condition, kind, value or quality of a lot shall be construed to be an expressed or implied warranty, representation or assumption of liability by JAFA Editions. 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. Return and Refund Policy is as described in lot detail page. The foregoing guarantee is only valid to the original buyer. The item(s) must be returned in the same condition and packaging as when purchased. 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. 12. Entire Agreement; Waiver. This Agreement, including the JAFA Editions 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, JAFA Editions 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 JAFA Editions 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 New York shall govern all transactions.