ARTE MODERNA E CONTEMPORANEA

Condition of sale 1. Lots are put on sale by Benedetto Trionfante casa d'aste s.r.l. at a public auction. Benedetto Trionfante casa d'aste s.r.l. acts as exclusive agent in its own right and on behalf of each seller whose name is registered at Benedetto Trionfante casa d'aste s.r.l.. The seller is responsible for the items on sale and Benedetto Trionfante casa d'aste s.r.l. accepts no responsibility with regards to the buyer other than that which may derive from its position as agent. 2. The items are sold to the highest bidder for cash: in the case of disagreement between more than one high bidder, the disputed item may, at the sole discretion of the auctioneer, be relisted for new bidding during the same auction. When making a bid, the bidder accepts full personal responsibility to pay the price agreed inclusive of the Auction Commission and all other due fees and taxes. 3. Benedetto Trionfante casa d'aste s.r.l. reserves the right to withdraw any lot from the auction. During the auction, the auctioneer has the right to separate or join lots and to change the order of their sale. 4. An auction commission of 25% plus VAT on the entire value of the sale item plus expenses is to be added to the final selling price. 5. Benedetto Trionfante casa d'aste s.r.l. may accept mandates for buying (written and telephonic) and raise bids through the auctioneer at public auctions. Benedetto Trionfante casa d'aste s.r.l. may not be held responsible in any way for not receiving written or telephonic offers or for any errors or omissions in said offers. 6. In the case of two identical offers for the same lot, the offer will be awarded to the offer which was received first. Benedetto Trionfante casa d'aste s.r.l. reserves the right to annul the sale contract of the assigned lot. 7. Benedetto Trionfante casa d'aste s.r.l. acts as agent for the seller and declines responsibility deriving from descriptions of the items in the catalogues, brochures or any other such descriptive material: the descriptions as stated above as with all other illustrations are purely indicative. All auctions are preceded by an exhibition in order to allow a thorough examination of the authenticity, condition, origin, type and quality of the items. After the assignment of a lot, neither Benedetto Trionfante casa d'aste s.r.l. nor the seller can be held responsible for flaws with regards to the condition, for mistaken attribution, origin, authenticity, weight or quality of the items. 8. The starting price relative to the possible auctioning of each lot is printed under the description of said lot and do not include the Auction commission to be paid by the purchaser. These estimates are nevertheless made well before the date of the auction and may therefore de subject to modification. The descriptions of the lots in the catalogue may also be subject to revision via communication to the public during the auction. 9. Benedetto Trionfante casa d'aste s.r.l. may require payment in full of the final price and Auction Commission, in any case, full payment in Euros must be made within seven days of the assignment. Having paid the final price and Auction Commission, the purchaser must collect the lots bought at his own risk, responsibility and expense within seven days of the purchase. At the end of said period, Benedetto Trionfante casa d'aste s.r.l. will be exonerated of all responsibility with regards to the purchaser concerning storage and possible deterioration of the items. Any transport costs will be the responsibility of the purchaser. If specifically requested by the purchaser, and at their risk and expense, Benedetto Trionfante casa d'aste s.r.l. may arrange packaging, transport and insurance of the lots. 10. In the case on non-payment, Benedetto Trionfante casa d'aste s.r.l. can: a) return the goods to the seller and demand from the buyer payment of the lost commission, b) act in order to obtain enforcement of compulsory payment c) sell the lot at a private sale or subsequent auction, and in any case detain as penalty any deposits paid. 11. Purchasers are required to uphold all laws and regulations in force with regards to the items declared to be of particular importance and for which the procedure of declaration was began in accordance with article 6 es. Of the legislative decree 29 October 1999, n?490, with particular regards to article 54 of the same decree. The export of goods by the purchaser, resident and not in Italy, is regulated by the aforementioned decree and furthermore by customs, currency and tax regulations in force. The approximate cost of an export license is E.200,00. Waiting time is about 45 days following the application to the export office of the 'Ministero dei Beni Culturali'. The application for an export license is to be sent to the Ministry on payment of the lot and with explicit written authorization of the purchaser. Benedetto Trionfante casa d'aste s.r.l. is not held responsible in any way to the purchaser with regards to any eventual export restrictions concerning the lot assigned, nor for any license or permit which the purchaser of a lot must ac- quire in accordance with Italian law. In the case of the State exercising the right of withdrawal, the purchaser cannot expect any reimbursement from Benedetto Trionfante casa d'aste s.r.l. or from the seller, of interest on the price or Auction Commission already paid. 12. All information regarding hallmarks of metals, carats and weight of gold, diamonds and precious coloured gems are to be considered purely indicative and approximate and Benedetto Trionfante casa d'aste s.r.l. cannot be held responsible for eventual errors contained in said information nor for the falsification of precious items. Some weights in this catalogue have been ascertained by way of measurement. This data is to be considered approximate and must not be considered as exact. 13. These Conditions of Sale are automatically accepted by all those participating in the auction and are available upon request to any interested party. Any dispute is to be under the jurisdiction of the court of Palermo.