FINE ART AUCTION - FLETCHER GALLERY

Fletcher Gallery, Ltd. 40 Mill Hill Rd. Woodstock, NY 12498 (845) 679-4411 info@fletchergallery.com TERMS AND CONDITIONS Conditions of Sale 1. Some of the lots in this sale are offered subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Fletcher Gallery, Ltd. below which the lot will not be sold. In most cases, the reserve will be set below the estimated range, but in no case will it exceed the estimates listed. A representative of Fletcher Gallery, Ltd. will execute such reserves by bidding for the consignor. In any event and whether or not a lot is subject to a reserve, the auctioneer may reject any bid or raise not commensurate with the value of such lot. 2. All property is sold “as isâ€Â, “where isâ€Â, “buyer bewareâ€Â, and neither the auctioneer nor any consignor makes any warranties or representation of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability. 3. Except as provided in paragraph 1 above, the highest bidder as determined by the auctioneer shall be the purchaser. In the case of a disputed bid, the auctioneer shall have sole discretion in determining the purchaser and may also, at his or her election, withdraw the lot or reoffer the lot for sale. 4. All merchandise purchased must be paid for within seven (7) days of the auction. All Merchandise purchased must be removed from the premises within fourteen (14) days of the auction. Fletcher Gallery, Ltd. may impose, and the purchaser agrees to pay, a monthly storage charge of 1.5% of the purchase price of any lot or portion of a lot not removed by the purchaser within fourteen (14) days after the date of sale. Fletcher Gallery, Ltd. shall have no liability for any damage to property left on its premises for more than fourteen (14) days after the date of sale. At the option of Fletcher Gallery, Ltd., the merchandise may be transferred to and stored at a bonded warehouse and the purchaser agrees to pay all transfer and storage expenses. If payment is not received within thirty (30) days of sale, Fletcher Gallery, Ltd. reserves the right to charge any credit card on file with Fletcher Gallery, Ltd. or impose from the date of sale a late charge of 1.5% a month of the total purchase price and deny all future credit. 5. On every individual lot, a buyer's premium in the amount of 10% of the successful high bid will be applied to the final bid price. All purchases are not subject to sales tax due to the fact that Woodstock Day School accepts all payments and are a not for profit organization. 6. Fletcher Gallery, Ltd. accepts cash, check, money order, Visa, Mastercard, or Discover for payment. Fletcher Gallery, Ltd. reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Fletcher Gallery, Ltd. a handling charge of $25.00 for any check dishonored by the drawee. 7. Instructions: Payment information: All checks/money orders should be made out to Woodstock Day School and mailed to Woodstock Day School, PO Box 1, Woodstock, NY 12498. Credit cards (Visa, Mastercard and Discover only- no American Express) should be called in to Heather Jachim at 845-679-4411/845-399-0005 or emailed to info@fletchergallery.com . To arrange shipping please contact: UPS Store, Dave Anderson, 845-336-4877. All payments for shipping are to be made directly to UPS Store. To arrange pick up of the artwork at Fletcher Gallery, 40 Mill Hill Rd., Woodstock, NY please contact Heather Jachim at 845-679-4411/845-399-0005 or email info@fletchergallery.com. 8. If the purchaser breaches any of its obligations under these Conditions of Sale, including its obligation to pay in full the purchase price of all items for which it was the highest successful bidder, Fletcher Gallery, Ltd. may exercise all of its rights and remedies under the law including, without limitation, (a) cancelling the sale and applying any payments made by the purchaser to the damages caused by the purchasers breach, and/or (b) offering at retail sale, without reserve, any lot or item for which the purchaser has failed to pay in full the purchase price, holding the purchaser liable for any deficiency plus all costs of sale. 9. In no event will the liability of Fletcher Gallery, Ltd. to any purchaser with respect to any item exceed the purchase price actually paid by such purchaser for such item. 10. Bidding on any item indicates your acceptance of these terms and all other terms announced at the time of sale whether bidding in person, through a representative, by phone, by Internet, or other absentee bid. 11. Fletcher Gallery, Ltd. and its consignors make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Fletcher Gallery, Ltd. expressly reserves the right to reproduce any image of the lots sold in this online catalogue. The copyright in all images, illustrations and written material produced by or for Fletcher Gallery, Ltd. relating to a lot, including the contents of this online catalogue, is, and shall remain at all times, the property of Fletcher Gallery, Ltd. and shall not be used by the purchaser, nor by anyone else, without our prior written consent. 12. These conditions of sale shall be governed by the laws of the State of New York (excluding the laws applicable to conflicts or choice of law). The buyer/bidder agrees that any suit for the enforcement of this agreement may be brought, and any action against Fletcher Gallery, Ltd. in connection with the transactions contemplated by this agreement shall be brought, in the courts of the State of New York or any federal court sitting therein. The bidder/buyer consents to the nonexclusive jurisdiction of such courts and waives objections that it may now or hereafter have to the venue of any such suit. 13. If there is anything relevant to this auction that you do not understand please call Fletcher Gallery, Ltd. at (845) 679-4411 or email info@fletchergallery.com. We want your experience to be comfortable and successful.

No Tax- Woodstock Day School has a Not for Profit Status