20TH CENTURY ART & DESIGN SALE

ALL PROPERTY OFFERED AND SOLD THROUGH GOING, GONE GALLERY SHALL BE OFFERED AND SOLD ON THE TERMS AND CONDITIONS SET FORTH BELOW. BY BIDDING AT THE AUCTION, WHETHER PRESENT IN PERSON OR BY AGENT, BY WRITTEN BID, TELEPHONE, INTERNET OR OTHER MEANS, THE BUYER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. 1. All items are sold "AS IS, WHERE IS". There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. All items are available for examination prior to bidding and we recommend all potential buyers to examine the items in which they have interest. Neither we, nor the consignor are responsible for the correctness of any statement concerning any lot, whether written or oral, nor for any other errors / omissions in a description or for any defects in any lot. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. 2. The highest bidder acknowledged by the auctioneer shall be the buyer. The auctioneer has the right to reject any bid, to advance the bidding at his absolute discretion and in the event of any dispute between bidders, the auctioneer has the final discretion either to determine the successful bidder or to re-offer and resell the article. 3. A range of estimates is given on each lot with a low and a high estimate. Estimates should not be relied on as a prediction of the actual selling price. 4. Going, Gone Gallery, in its sole and exclusive discretion, reserves the right to withdraw any property, at any time, before the fall of the hammer. The auctioneer reserves the right to reject any bid not commensurate with the value of the property offered. 5. The purchaser assumes full responsibility for items at the fall of the hammer. 6. As a convenience to customers, absentee bids and phone bids will be executed by Going, Gone Gallery personnel in a competitive and confidential manner. We will not be responsible for failure to execute, or to execute properly any pre sale bid. 7. A Buyer's Premium will be added to the successful bid price and is payable by the buyer as part of the total purchase price. The Buyer's Premium shall be 21% on each lot. All purchases (including buyers premium) will be subject to a New York State sales tax of 8.375% unless (1) the buyer is an out-of-state resident and the lots are being shipping out of New York, or (2) the purchaser has a valid tax-exempt certificate (an actual resale certificate must be presented and put on file with Going, Gone Gallery).We will impose a service charge of $30 on any return checks. 8. PAYMENT Must be made within 5 business day of the end of the auction unless prior arrangements have been made. We accept bank wire transfers, cash (In House Only), personal or company check (with proper ID), Visa, MasterCard and Paypal. If paying by check, Going, Gone Gallery reserves the right to hold all merchandise until the funds have cleared our bank. For items bought through Live Auctioneer's, you will be emailed an invoice the day after the auction. It is your responsibility to contact Going, Gone Gallery to make payment. 9. PROPERTY REMOVAL It is the responsibility of the buyer to remove at his expense all property from the auction site the day of the auction unless prior arrangements have been made. If the property is not removed the day of sale it will be moved to our warehouse and subject to a storage fee of $10 per lot per day. If the property is not removed within thirty days Going, Gone Gallery will consider the property abandoned and can consider the sale null and will be resold at the gallery's discretion. 10. All measurements and weights are approximate. We are not responsible for typographical errors. Going Gone Auction Gallery is not responsible for damage of glass covering paintings, and other works or frames regardless of cause. 11. If for any cause a purchased lot cannot be delivered in as good condition as at the time of sale, or should any purchase lot be stolen, miss-delivered, or lost prior to delivery Going Gone Gallery shall not be liable for any amount in excess of that paid by the purchaser. We are not responsible for the acts or omissions of carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots by us is at the entire risk of the purchaser and Going Gone Auction Gallery will have no liability for any loss or damage to such items. 12. SHIPPING Going, Gone Auction Gallery is not responsible for shipping. All shipping is to be arranged and paid for by successful bidder. Going Gone Auction Gallery will direct successful bidders to shipping agents or successful bidders may make their own arrangements for picking up and delivery of their items. Please check our website for shipper contact information. www.ggauctiongallery.com

8.65 NEW YORK SALES TAX WILL BE COLLECTED UNLESS WE HAVE A COPY OF PURCHASER'S RESALE CERTIFICATE AND A COMPLETED TAX EXEMPT FORM ON FILE