Hail Mary: The Collection of Elliott Hill

TERMS & CONDITIONS OF SALE Each lot in this catalog is subject to the following Terms and Conditions of Sale, as supplemented in writing or otherwise by Laundry prior to the sale. By registering to bid at the auction, or by placing a bid by any means, you agree to these Terms and Conditions of Sale. ?We,? ?us,? ?our,? ?Laundry,? and all other similar terms refer to Laundry and its agents; ?you,? ?your,? ?buyer,? or similar terms refer to a person bidding on or buying property. DESCRIPTION & CONDITION OF LOTS All objects put up for auction can be viewed and examined prior to the sale at the time listed in the catalog. Catalog descriptions are made with as much care as possible, but the descriptions do not fall under the statutory paragraph for guaranteed legal characteristics. Soley as a convenience, Laundry may provide condition reports. Many items are of an age or nature that precludes their being in perfect condition. Some descriptions in the catalog are given by way of a condition report (made either orally or in writing), which makes reference to damage and/or restoration. We provide this information for guidance only and the absence of such a reference does not imply that an item is free from defects or restoration, nor does a reference to particular defects imply the absence of any others. Laundry is not liable for any defects. BIDDING AT AUCTION All prospective bidders are required to register with Laundry in advance of the sale. We may require photo identification and/ or credit card information for registration. By bidding at the auction, a buyer assumes personal responsibility to pay the purchase price, plus the buyer?s premium plus any additional charges that become due and payable in connection with the purchase of property. On the fall of the auctioneer?s hammer, title to the offered lot will pass to the acknowledged bidder. At that time, the buyer assumes all risk of loss and damage to the property, in addition any obligations, costs and expenses relating to the handling, shipping, insurance, tax, and export of property. The highest bidder acknowledged by the auctioneer shall be deemed the buyer. The successful buyer is obliged to accept and pay for the lot. Ownership only passes to the buyer when full payment has been received. The buyer, however, immediately assumes all risks when the goods are knocked down to him. In case of identical bids, determination of the winning bidder shall be left to the sole discretion of Laundry. Laundry has the right, in its absolute discretion, to determine the conduct of the sale as it sees fit. It reserves the right to advance bidding, to reject bids, to combine lots, to split lots, to re-offer and resell lots, and to withdraw lots before the actual final sale. In any such case, the judgment of Laundry is final, and shall be binding upon all participants. In the case of a written bid, the bidder commissions Laundry to place bids on his behalf during the auction. We assume no responsibility for failure to execute any such bid, or for errors or omissions made in connection with the execution of any such bid. As a convenience to buyers who cannot be present on the day of the sale, we will use reasonable efforts to execute, on a competitive basis, bids left with us via the Internet, whether by absentee or a live bidding program. We assume no responsibility for failure to execute any such bid, or for errors or omissions made in connection with the execution of any such bid. The estimates provided are intended as a guide to bidding. The figures are educated guesses, based on recent values. A bid between the listed figures would, in our opinion, have a chance of success (at the time that the catalog was prepared). The estimates are exclusive of the buyer?s premium, and may be revised at any time prior to the auction. Buyers are advised that there may be additional terms and conditions governing the use of Internet bidding services including, but not limited to, those providing for additional charges and fees relating to the execution of such bids. Buyers are therefore advised to familiarize themselves with any such terms and conditions prior to utilizing any Internet bidding service. The sale generally will be conducted in the following increments: To $50 $5 increment $50-100 $10 increment $100-500 $25 increment $500-1,000 $50 increment $1,000-2,500 $100 increment $2,500-5,000 $250 increment $5,000-10,000 $500 increment $10,000+ $1,000 or auctioneer?s discretion PAYMENT Upon the fall of the auctioneer?s hammer, the buyer assumes all risk of loss and damage to the property, in addition any obligations, costs, and expenses relating to the handling, shipping, insurance, tax, export, and storage of property. A buyer?s premium of 15% on purchases made via the Internet will be paid by the purchaser. Buyer?s are required to pay for purchases immediately following the auction unless other arrangements have been made in advance of the auction. All payments must be made in US Dollars, in any of the following acceptable forms of payment: -Cash -Personal or corporate checks with acceptable identification -Visa, MasterCard, American Express or Discover credit cards -Money Orders or Cashier?s Checks -Wire Transfer No surcharge will be charged to the buyer for payments made via credit card. We reserve the right to delay delivery of any property until clearance or collection of funds in connection with any payment and, in any event, title to the property shall not pass to the buyer until collection of funds has occurred. Auction lots, without exception, will only be handed over after payment has been made. Storage and dispatch are at the expense and risk of the buyer. Charges for dispatch, packing and insurance are billed separately. All property must be removed from Laundry by the purchaser, at his expense, no later than ten (10) days following its sale, and if not so removed may, at Laundry?s option, be placed into storage. The purchaser shall be liable for all actual expenses plus a storage charge of 5% of the purchase price. The buyer is liable for acceptance of goods and for payment. In case of delayed payment the purchaser will be held responsible for all resultant damages, in particular interest and exchange losses. In such an event, Laundry reserves the right to annul the purchase contract without further notice, and to claim damages from the buyer for non-fulfillment. Accordingly, Laundry may re-auction the goods at the buyer?s expense. In which case, the buyer is liable for any loss incurred; the buyer shall have no claim if a higher price has been achieved. He will not be permitted to bid on the re- offered lot. The place of fulfillment and jurisdiction is Portland. LIMITED WARRANTY We warrant the authenticity and condition of each lot cataloged herein in the terms and conditions set forth below. With respect to autographed material, we warrant without time limit the authenticity of each lot cataloged herein. We warrant for a period of thirty (30) days from the date of sale to the original buyer of record, that each book or magazine is complete in text and illustration and generally is in physical condition as may be reasonably expected considering the age and provenance. This warranty does not cover damages to binding, stains or foxing, wormholes, short leaves of text or plates or any defect not affecting the completeness of the text. Moreover, this warranty does not cover the lack of inserted advertisements, blank leaves, cancels, or subsequently published volumes. The benefits of these warranties are not assignable, are applicable only to the original buyer of the lot, and are conditioned on the buyer returning the item in the same condition in which it was received at the time of sale and in the time period specified. The buyer?s sole remedy under these warranties 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. With respect to autographed material, in the event that a buyer claims that an item is not authentic, Laundry shall have no obligation to rescind the sale unless the buyer has obtained, at the buyer?s expense, the opinion of two recognized experts in the field, who are mutually agreeable to Laundry and the buyer, that a lot or portion thereof is not authentic. RECESSION OF SALE BY LAUNDRY If we become aware of an adverse claim by a third party relating to property purchased by the buyer, we may, in our discretion, rescind the sale. The buyer will promptly return the property to us, at which time we will refund the hammer price and the buyer?s premium with respect to the property. This refund will represent the buyer?s sole remedy against us and/or the consignor in case of a rescission of sale under this paragraph. PRIVATE SALES These Terms and Conditions of Sale shall govern, to the extent applicable, any private sale of property by us not made through the auction. SHIPPING We offer, as a courtesy to the buyer, arranged packing, shipping or similar logistical services, or refer the buyer to third parties who specialize in these services. Any such services provided or arranged by us are at the buyer?s sole risk and expense; we assume no responsibility for any errors or omissions in connection with any such service or reference. COPYRIGHT NOTICE All images and text contained in this catalog or in any other publication by us in whatever form, shall remain the property of their respective owners, and the buyer shall have no right of ownership, use or reproduction of any such material by virtue of any purchase of property or otherwise. GOVERNING LAW By making a bid, either verbally in the auction, or by telephone, or written by letter, or fax, or via the Internet, the bidder confirms that he has taken notice of these terms of sale by auction and accepts them. Agents who act on behalf of a third party are jointly and separately liable for the fulfillment of contract on behalf of their principals. These conditions of sale will also apply to all purchases made out of this catalog after the regular sale. The rights and obligations of the parties shall be governed by the laws of the State of Oregon. All bidders and the purchaser submit to the personal jurisdiction of the Oregon State courts and their rules and procedures in case of any dispute. Should one or the other of the above terms of sale become wholly or partially ineffective, the validity of the remainder is not affected.