Baterbys FALL 2009 Auction

Notices: Auctioneer will not proceed in the chronological order of the lots. Every lot will not be necessarily brought up during the auction. Lots that do not garner interest from online or onsite bidders will not be called to the floor. Online bidders must signify their interest by making sufficient pre-bids based on the price points indicated in the online catalog (starting price, low and high estimate) The entire buyer’s premium of the auction will be donated to Hope and Help Center of Central Florida, a non-profit organization that supports people with HIV/AIDS through year-round medical, educational and social programs. All master artworks are sold framed & will come with a Lifetime Guarantee to authenticity All other artworks are sold AS IS All artworks will be shipped insured for its sale value Sales Tax only for Florida residents (6.5%) Terms and Conditions Baterbys Art auction Gallery Terms & Conditions Buyers must accept the following Terms & Conditions to participate in Baterbys Auctions on Live Auctioneers. 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 Baterbys 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 10% for purchases using checks/wire transfers and 15% using credit card. 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 Baterbys Auctions/LiveAuctioneers you agree to accept Baterbys Auctions/Live Auctioneers 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. Baterbys will not be held responsible for errors or failure to execute bid(s). Absentee bids must be submitted electronically during the preview period at Baterbys Auctions/LiveAuctioneers. 4. Methods of Payments: Acceptable forms of payment are listed in item detail. We require bank wire transfers for all invoices over $10,000 and from all international bidders. 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. 7. 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. Baterbys 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. 8. Inquiries: Please email or call us for specific questions regarding lots at Baterbys Auctions/LiveAuctioneers. Answers will be provided in a timely fashion until Auction start time. We can provide more detailed photos, reference and provenance information on most lots. 9. Withdrawal Prior to Sale: Baterbys reserves the right to withdraw any property before the sale and shall have no liability whatsoever for such withdrawal. 10. Guarantee Terms: All items in the catalog are sold as described and sales are final. Prospective bidders should personally inspect such property to determine its condition and whether it has been repaired or restored. No statement regarding condition, genuineness, attribution, provenance, authenticity (see 10a), completeness, value or quality of a lot shall be construed to be an expressed or implied warranty, representation or assumption of liability by Baterbys. 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. No lot is returnable on account of property included but not specifically named and described in such lot. 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. Shipment will be at buyers cost, and insurance will be required. No purchaser shall be entitled to any remedy, relief or damages beyond the 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. If we are prevented by fire, theft or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid by the purchaser. 10a. Baterbys will offer a lifetime guarantee of authenticity to original purchaser on art it owns or has on consignment through an approved vendor. 11. Entire Agreement; Waiver. This Agreement, including the Baterbys 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, Baterbys may amend this Agreement (including any incorporated documents) by posting the amended terms on the Baterbys Auctions/Live Auctioneers 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 Baterbys Auctions/LiveAuctioneers, 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 Florida shall govern all transactions. 12. New buyers to Baterbys Auctions/LiveAuctioneers, and buyers who are currently registered with Baterbys Auctions/Live Auctioneers, must accept the following Terms & Conditions to participate in Baterbys Auctions/LiveAuctioneers. 13. Buyer acknowledges that by accepting these Terms & Conditions you are entering a legally binding agreement and opting in to receive emails and notifications about this sale and by placing a bid or accepting a second chance post-auction offer on a Baterbys Auctions/Live Auctioneers item that such actions constitute acceptance of the following terms: 14. Methods of Payments: Acceptable forms of payment are listed on each item detail. Payment methods vary with each item in accordance with Seller's Payment Policies. 15. Record of Sale: The record of sale, posted on Baterbys Auctions/LiveAuctioneers, will be taken as absolute and final in all disputes. 16. LIMITATION OF LIABILITY. BATERBYS AND ITS SUPPLIERS WILL NOT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IN NO EVENT WILL BATERBYS BE LIABLE TO BUYER FOR ANY CLAIMS RELATED TO THE LIVE AUCTION TECHNOLOGY. THIS INCLUDES DELIVERY OF EMAILS TO BUYERS. IN THE CASE OF A TECHNOLOGY FAILURE DURING THE AUCTION, BATERBYS RESERVES THE RIGHT TO WITHDRAW ITEMS IN QUESTION AND APPLY FOR A MUTUAL BACKOUT FOR BOTH BIDDER AND SELLER.

Local Taxes Apply for local buyers. Buyers outside the State will not be charged any sales tax.