MOCA Cleveland Art Auction

The following are MOCA Cleveland's and the Consignor's entire agreement with the purchaser relative to the property listed in the auction catalog. These terms and conditions and all contents of the catalog are subject to amendment by MOCA Cleveland by the posting of notices or by oral announcements made during the auction. The property will be offered by MOCA Cleveland as agent for the Consignor, unless the catalog indicates otherwise. By participating in any sale, the purchaser acknowledges that it is bound by these terms and conditions. Auction Overview MOCA Cleveland's art auction will be conducted both on-line and at a live auction on April 25 in the Ritz-Carlton Hotel, Cleveland, OH. 13 vintage photography lots are offered on-line only (lots #1-13). 27 contemporary lots are featured in both the on-line and live auction (lots #14-40). All lots will be available for on-line bidding beginning April 10 through liveauctioneers.com. You will be able to bid on on-line only auction items (lots #1-13) in two ways. You may bid on-line at liveauctioneers.com either with direct bids or through their absentee bidding system. Absentee bid must be made prior to 3:00 pm EST on April 25th. The on-line auction for these items will close out by taking final bids beginning at 4:00 pm EST on April 25. You will be able to bid on our live auction items (lots #14-40) in several ways. You may bid in person at the live auction on April 25th or you may leave an absentee bid with a MOCA Cleveland representative. You may also bid on-line at liveauctioneers.com simultaneous with the live auction or leave a bid through their absentee bidding system. Absentee bids must be made prior to 3:00 pm EST on April 25th. The on-line auction for these items will close out by taking final bids beginning at approximately 8:45 pm EST on April 25. Selected auction items (see lot descriptions) are not available for shipment or pickup until the week of August 23, 2009. These works are on loan to MOCA Cleveland and will be included in an exhibition of selected works from the Marjorie and Anselm Talalay Collection at MOCA Cleveland, June 4 - August 16, 2009 (the "Exhibition"). Payment for these items is expected at the time of sale. Purchase of these items includes the agreement by the purchaser to loan items to MOCA Cleveland for inclusion in the Exhibition. Following completion of the auction, a loan form will be issued recognizing transfer of ownership and permission to exhibit the work at MOCA Cleveland. Conditions of Sale Values set forth on items are fair market value estimates and are not warranted by MOCA Cleveland for tax purposes or for competitive market values. EVERYTHING IS SOLD "AS IS" with condition noted and without any representations or warranties by MOCA Cleveland as to merchantability, fitness for a particular purpose, the correctness of the catalog or other description of the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical relevance of any property and no statement anywhere, whether oral or written, whether made in the catalog, an advertisement, on-line, a bill of sale, a salesroom posting or announcement, or elsewhere, shall be deemed such a warranty, representation or assumption of liability. Neither MOCA Cleveland nor the Consignor make any representation or warranty, express or implied, as to whether the purchaser acquires any copyrights, including but not limited to, any reproduction rights in any property. Neither MOCA Cleveland nor the Consignor is responsible for errors and omissions in the catalog, on-line, or any supplemental material. There is no tax deductible portion of your auction purchase for amounts that exceed the high estimate which is stated in the item description and/or catalog. You are urged to consult with your own tax professional for actual tax advice. All sales are final. No exchanges or refunds will be honored except by mutual agreement between the purchaser and MOCA Cleveland. MOCA Cleveland is not obligated to so make any exchange or refund. No statements made at the sale, on the invoice or elsewhere shall be deemed such a representation or warranty or be subject to liability. Purchasers are advised to inspect and satisfy themselves of the items being sold prior to the sale. MOCA Cleveland reserves the right to withdraw any lots without prior notice. All lots will be sold in numerical order unless otherwise stated by the auctioneer. MOCA Cleveland has the right to reject bids based on the auctioneer's sole discretion. Some lots in the sale may be subject to a reserve. The reserve is a confidential minimum price agreed upon between MOCA Cleveland and the Consignor. An agent of MOCA Cleveland will execute any reserve on behalf of the Consignor. The highest bidder is the purchaser as determined by the auctioneer. Shall a dispute on a bid arise, the auctioneer will have sole discretion in determining the purchaser, or to cancel the sale, or to reoffer and resell the article in dispute. If any dispute arises after the sale, MOCA Cleveland's sale record is conclusive. There is a 13% buyer's premium added to hammer price. For items purchased through LiveAuctioneers.com, MOCA Cleveland will contact and send an invoice to all winning bidders via e-mail at the completion of the auction. Payment can be made by cash, personal checks, Visa, MC, and AMEX. If paying by check, MOCA Cleveland reserves the right to hold the item(s) until the check has cleared. All purchases are subject to the county's 7.75% sales tax unless the purchaser possesses and provides an Ohio sales tax exemption certificate. Sales tax will not apply if the item is being shipped out of the state of Ohio. The purchaser assumes all risks and responsibility for items purchased at the time the highest bidder is acknowledged by the auctioneer. Arrangements for pickup or shipping to the purchaser are the responsibility of the purchaser. Contact Jeanette Saunders at 216-421-8671 ext. 30 for pickup or shipping arrangements. All shipping and handling costs, and any risk of loss, are the direct responsibility of the purchaser. Any merchandise not paid for in full will be kept in storage no more than 30 days. After 30 days (May 25, 2009) the merchandise becomes the property of MOCA Cleveland. Applicable Law and Remedies These terms and conditions, and the respective rights hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of Ohio. By bidding at the auction, whether present in person, by agent, by absentee bid, by on-line bid, or otherwise, the purchaser shall be deemed to have consented to the jurisdiction of the state courts of, and the federal courts sitting in, the State of Ohio. If any applicable term or condition is not complied with by the purchaser, the purchaser shall be in default and in addition to any and all other remedies available to MOCA Cleveland and the Consignor by law, including, without limitation, the right hold the purchaser liable for the total purchase price, including all fees, charges and expenses associated therewith, and MOCA Cleveland may, at its option, (a) cancel the sale of that, or any other lot or lots sold to the defaulting purchaser, retaining as liquidated damages all payments made by the purchaser, or (b) resell the purchased property, whether at public auction or by private sale, or (c) effect any combination thereof. In any case, the purchaser will be liable for any deficiencies, costs, expenses or fees (including, without limitation, reasonable attorneys' fees) incidental to such default. In no event shall MOCA Cleveland's liability to any purchaser exceed the purchase price actually paid.

All purchases are subject to the county's 7.75% sales tax unless the purchaser possesses and provides an Ohio sales tax exemption certificate. Sales tax will not apply if the item is being shipped out of the state of Ohio.