Top Quality Early Native Hispanic Western Art

Since 1992, Medicine Man Gallery in Tucson, Arizona, has provided discerning collectors with the finest examples of native and western art. The gallery has one of the largest online selections of Native American, early and contemporary southwestern art in the United States. The gallery specializes in the lifework of Maynard Dixon, Maria Martinez, Popovi and Tony Da, and the Santa Fe and Taos artists. Mark Sublette is a sought-after speaker and is the author of numerous catalogs on Native American subjects. The gallery has a robust online multi-platform presence and expansion to the online auction platform represents a long-anticipated opportunity for collectors. Mark Sublette Medicine Man Gallery & Auction, (Hereinafter also Gallery and Auctioneer or Seller) Terms and Conditions of Sale of its online auction of 224 Lots of Antique Native American Art, Western Art, Hispanic Art, and Early Western Photography is to take place on LiveAuctioneer platform July 26, 2020, 10:00 am Pacific (California) PDT Time. Procedures, Terms, Conditions: 1. Bidders are Bound by These Terms and Conditions of Sale set forth here and are the complete and only terms and conditions on which all property is offered for sale. By registering and/or bidding on LiveAuctioneer website or by written, absentee, or by any other means, the buyer agrees to be bound by these Conditions of Sale. 2. Sole Remedy for buyer in event of a dispute or any other issue: The buyer's sole remedy under these Terms and Conditions of Sale 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. 3. Right to Withdraw Lots: Errors and Omissions. Gallery reserves the right to withdraw any property at any time before the auction and shall have no liability whatsoever for such withdrawal. Offerings in this catalog are subject to errors or omissions in descriptions. 4. Purchase Price: The purchase price paid by the winning bidder is the aggregate of (a) the hammer price, (b) a Buyer?s Premium of 22.5% of the first $100,000.00 of the Hammer prices of each lot and a Buyer?s Premium of 20% (Twenty Percent) of any amount of the Hammer price above $100,000 plus any applicable tax, shipping, handling and payment processing including applicable Arizona state tax in the amount of 6.1% of the entire purchase price. Arizona state and local taxes will be collected on all sales except where sold to a purchaser in Alaska, Oregon, Montana, New Hampshire, and Delaware and shipped to the purchaser at an address in those states or the purchaser has a valid resale license and provides such documentation to Mark Sublette Gallery & Auction Arizona. A 3% processing fee will be added to any invoice that is being paid via Credit Card. 5. Dispute Between Bidders: If any dispute arises between two or more bidders, the Auctioneer may decide the sale or may immediately put the lot up for sale again, and resell to the highest bidder. The decision of the Auctioneer shall be final and absolute. The Auctioneer reserves the right to reject any and all bids. Live Auctioneers bids are executed with and against outside, competing, and absentee bids. In the case of ties, the auctioneer has sole and final discretion to determine the successful bidder. In the event of any dispute between bidders or in the event the auctioneer doubts the validity of any bid, the auctioneer shall have sole and 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 sales records shall be conclusive in every respect. 6. Withdraw Lots: Mark Sublette Medicine Man Gallery & Auction reserves the absolute right (a) to withdraw any property at any time before its actual final sale, including during the bidding, and (b) to refuse any bid from any bidder. The auctioneer is the sole judge as to the amount to be advanced by each succeeding bid. 7. All Lots Sold "AS IS": Neither the Gallery nor Auctioneer nor Consignor make any express or implied warranties or representations with respect to the property or correctness of the advertisement, catalog, lot descriptions and any other medium used to announce this auction or any other description of the physical condition, dating, attribution, provenance, genuineness, description, condition of the property, estimate of value, quality, importance, size or authenticity of the property offered and described either online or via telephone, text, email or any other communication. 8. Condition: A condition report may be obtained by viewing the online catalog, or you may contact the Gallery. Notwithstanding any condition reports or catalog descriptions provided, all lots are offered and sold AS IS. In most cases, we describe to the best of our knowledge the quality of the object. Black Light evaluation is available upon request. Dimensions are given in inches, with height preceding width in all cases. Illustrations in the catalogue are for identification only and should NOT be used as a basis for determining the condition of the lot. The term ?signed? means that, in our opinion, the signature is by the artist. All dating, Turquoise and hallmark attributions are to the best of our knowledge. Attributions are subjective and should be taken as such. Attributions in the description of any lot is left to the buyer to determine accuracy and the gallery is not responsible for any errors or omissions. 9. Estimates: Mark Sublette Medicine Man Gallery & Auction would describe auction estimates based on being a retail gallery for 28 years. Low Estimate: refers to Gallery bulk purchase price or in some cases a dealer wholesale price; High Estimate: reflects Gallery Retail. Starting price: Is below the low estimate price, see paragraph 10. 10. No Reserve Auction: Starting price is generally set at approximately 50% of the low estimate, lower in some cases, and higher in others and there is no reserve above the starting price. 11. Bidding Increments: 0 - 199 > 10 200 - 499 > 25 500 - 999 > 50 1000 - 1999 > 100 2000 - 4999 > 250 5000 - 9999 > 500 10000 - 19999 > 1000 20000 - 49999 > 2000 50000 - 99999 > 5000 100000 - 199999 > 10000 200000 - 499999 > 25000 500000+ > 50000 12. Copyright: Neither the Gallery nor Auctioneer nor Consignor make any representations whatsoever that the Purchaser of a work of art will acquire any reproduction rights thereto and copyright to work. Purchaser?s ownership of the work shall remain subject to the copyrights of the artist and Gallery. 13. Amending Catalog, Entire Agreement: This on-line catalog may be amended 2 hours before posting time and represents Mark Sublette Gallery & Auctions (Gallery) entire agreement with any and all Purchasers of the property listed herein. 14. Absentee Bids: To reduce the chance of error, the Gallery requests the Client make absentee bidding arrangements 24 hours before the auction begins. Absentee bids for Auction Lots will be executed by the Gallery on behalf of the Client during the auction. The Gallery shall not be responsible for any errors or omissions or failure to execute such absentee bids. Absentee bids may be made through the LiveAuctioneer Platform or by contacting the gallery and remitting the absentee bidder form no less than 24 hours prior to the start of the auction. Every effort will be made to carry out the bidder's instructions, but Mark Sublette Medicine Man Gallery & Auction shall in no event be responsible for failing correctly to carry out instructions, and Mark Sublette Medicine Man Gallery & Auction reserves the right to decline to undertake any such bids. Absentee bids should be made in U.S. dollars on the Bid Sheet. 15. Credit Card for Absentee Bids: A valid major credit card number will be required in order to execute absentee bids. 16. Credit: Absentee Bidders whose credit is unknown to Mark Sublette Medicine Man Gallery & Auction must submit a Credit Card deposit of 25% of their maximum bids. If successful, the deposit will be applied to the purchases; if unsuccessful, the deposit will be refunded. 17. Terms for all Purchases: The "Purchase Price" for each lot shall equal the hammer price, buyer's premium, sales tax and, if applicable, all packing, handling, insurance and shipping costs. Buyers must pay the full Purchase Price for each purchased lot within 14 days after the date of the auction. Accepted payments are cash, wire transfer, personal check, Visa, Mastercard, American Express and LiveAuctioneer. Payments by credit card and LiveAuctioneer will be charged a 3% additional processing fee. Unless exempt by law, the Purchaser will be required to pay any and all applicable Arizona state taxes. In the event of deliveries outside of Arizona, it is the Purchaser?s responsibility to pay any compensating or use tax of another state on the purchase price. All monies shall be made payable to Mark Sublette Medicine Man Gallery. At the Gallery?s discretion, payment will not be deemed to be complete until funds represented by checks or credit cards have been cleared and fully processed by Seller?s bank, usually within 1-10 days. We reserve the right to hold shipment until payments clear the bank. Title shall not pass to Buyer until all invoices are paid in full 18. In House Shipping: The Gallery offers in house shipping. Please provide a correct street address, email address and telephone number for our shipper in order to expedite the receipt of your purchase. We combine shipping on multiple lots when possible. Flat rate shipping and transit insurance is noted on each Lot for UPS, and FedEx Ground or Express shipping in the lower 48 States of USA. Shipping costs to Alaska, Hawaii and foreign countries will be quoted individually. Buyers are responsible for all taxes, customs fees and VAT that may apply to their purchase and shipment. All US shipments are sent signature required unless signature release is requested by buyer. Shipment generally occurs within ten business days after payment has been received but make take up to 21 days. Items not removed or shipped from our warehouse after 30 days will be subject to a storage charge of $5 per day. If for any reason a purchased lot cannot be delivered in the same condition as at the time of sale, or should any purchased lot be stolen, mis-delivered or lost prior to delivery, Mark Sublette Gallery & Auction shall not be liable for any amount in excess of that paid by the purchaser. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action arising from the terms and conditions exceed, in the aggregate, the amount, if any, paid by you to Mark Sublette Medicine Man Gallery & Auction for the purchase of auction items. 19. Pickup at the Gallery is available by appointment beginning July 29, 2020. Buyers may make their own arrangements for shipping by contacting the gallery or arrange pick-up at the Gallery by their designated shipping agent. If using an agent, buyer must contact the gallery for a pick up release form and one will be emailed for electronic signature. Mark Sublette Gallery & Auction will not release any lot to buyer?s agent without payment in full, clearance of payment, and signed release form. Gallery not responsible for insurance, custom fees, VAT taxes damage or loss by agent?s shipper. Miscellaneous Provisions: 20. Authenticity of Work Return: A condition report may be obtained by viewing the online catalog or by contacting the Gallery. Notwithstanding any condition reports or catalog descriptions provided, all lots are offered and sold AS IS in accordance with paragraph 7 of the Procedures, Terms and Conditions of Auction. However, if within 21 calendar days after the receipt of the purchase of any lot, as long as the art was received within 30 calendar days of the Auction date, the purchaser provides two opinions by recognized authorities on the artist, and gives notice in writing to the Gallery that the lot is not authentic, and within 7 calendar days of such notice the purchaser returns the lot to the Gallery in the same condition as when sold, the Gallery will refund the full purchase price. 21. Limitation of Rights. Any right of the purchaser under this agreement or under the law shall not be assignable and shall be enforceable only by the original purchaser and not by any subsequent owner or any person who shall subsequently acquire any interest. No purchaser shall be entitled to any remedy, relief or damages beyond return of the property, rescission of the sale and refund of the purchase price; and without limitation, no purchaser shall be entitled to damages of any kind. 22. Remedies: These Procedures, Terms and Conditions of Auction and any other applicable conditions, as well as the Purchasers and Gallery?s rights and obligations herein shall be governed by, construed and enforced in accordance with the laws of the State of Arizona. Purchases that have gone unpaid twenty (20) business days after the sale are subject to any or all of the following including without limitation the right to hold the Purchaser liable for the purchase price stated on the invoice, either (a) cancel the sale and retain as liquidated damages any and all payments made by the Purchaser or (b) resell the property privately or at public auction on three days-notice to the Purchaser for the payment of any deficiency in the purchase price and all costs including handling charges, warehousing, the commissions, attorney?s fees, any and all other auction-related charges due and incidental damages. In the event of a default, the Gallery reserves the right to charge the Purchaser?s credit card on file in the full amount owed as stated on the invoice. 23. Payment: In order to prevent inaccuracy in delivery or inconvenience in the settlement of a purchase, no lot can be transferred to another buyer. Each buyer must pay for the whole of his purchases before any lot can be removed from the premises. 24. Not Assignable: 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. 25.Bidder expressly releases Auctioneer, its officers, directors and employees, its affiliates, and its outside experts that provide second opinions, from any and all claims, cause of action, chose of action, whether at law or equity or any arbitration or mediation rights existing under the rules of any professional society or affiliation based upon the assigned description, or a derivative theory, breach of warranty express or implied, representation or other matter set forth within these Terms and Conditions of Auction or otherwise. In the event of a claim, Bidder agrees that such rights and privileges conferred therein are strictly construed as specifically declared herein, and are the exclusive remedy. Bidder, by non-compliance to these express terms of a granted remedy, shall waive any claim against Auctioneer.