Two Taos Households - Taos Ethos

CONDITIONS OF SALE: These Conditions of Sale apply to every offer and sale of Property made by Taos BLACK DOG and to all participants in its auctions. Please read them carefully. Every Lot for sale in our catalogue is offered subject to the following terms and conditions, as may be amended or supplemented by any notices, changes or additions published or announced prior to or during an auction. The terms "TBD" "us," "we," or "our" as used herein all refer to Taos Black Dog, LLC doing business as Taos Black Dog. Unless otherwise indicated in the catalogue or at the time of sale, TBD acts at all times as the agent for the seller of the Property. All sales made pursuant to these Conditions of Sale shall be deemed to occur in New Mexico, regardless of the bidding method used or the physical location of the bidder or Buyer. By registering to bid at a TBD auction, whether in person, by absentee bid form, by telephone or by any other means including Internet and e-mail, and whether you plan to bid directly or via an authorized agent, you expressly agree to be bound by these Conditions of Sale, as may be amended. The terms "you" and "your" as used herein refer to each bidder and Buyer participating in the auction. DEFINITIONS: Auctioneer: The representative of TBD conducting the auction. Consignor: The seller, or the seller's representative, on behalf of whom we are selling the Property. Buyer: The high bidder to whom a Lot is knocked down at auction as recognized by the Auctioneer (or who is otherwise acknowledged by TBD as the purchaser of the Lot). Lot: Each item (or group of items) being offered for sale in consecutive order at auction. Property: The collective term for one or more Lots offered for sale by TBD or sold to a Buyer. Reserve: The confidential minimum bid price at which a Lot may be sold. Hammer Price: The highest accepted bid price in U.S. Dollars at which a Lot is knocked down by the Auctioneer to the Buyer of the Lot or upon the closeout of a timed, online auction. Buyer's Premium: The commission payable by the Buyer to TBD, calculated as a percentage of the Hammer Price of each Lot, as described in more detail below. Online Bidding Surcharge: The online use fee payable by the Buyer to TES, calculated as a percentage of the Hammer Price of each Lot, as described in more detail below. Purchase Price: The aggregate of the Hammer Price, the Buyer's Premium, and the Online Bidding Surcharge (if applicable), plus applicable sales or use tax and other fees (if any) required by law, unless the Buyer provides acceptable documentation of its exemption therefrom. PURCHASE PRICE, INCLUDING BUYERS PREMIUM AND ONLINE BIDDING SURCHARGE: As noted above, as part of the total Purchase Price for each Lot the Buyer shall pay, in addition to the Hammer Price: a. A Buyer's Premium, which shall be retained by TBD and calculated as 10% of the final bid price; b. If a third party online platform was used by the Buyer for bidding on the Lot (such as AuctionZip), an Online Bidding Surcharge calculated as 5% of the Hammer Price of the Lot. c. Sales taxes and fees, if and as applicable, as detailed above. TERMS OF SALE: a. Purchase of and Payment for Property: Upon the closeout of the auction Lot or the fall of the Auctioneer's hammer, the Buyer shall have purchased the offered Lot in accordance with and subject to these Conditions of Sale and assumes full risk and responsibility for the Lot and will sign a confirmation of purchase upon request. Tentative title to the Lot shall pass upon the closeout of the auction Lot or the fall of the Auctioneer's hammer to the Buyer and shall be completed upon full payment for the Lot. Buyer shall pay the total Purchase Price, as defined above, and any other fees or costs as may be due, in full, immediately following the auction. A sale is not final and the subject Property will not be released to the Buyer until all amounts due in good funds have been received by TES. If payment is not made within 5hrs of the scheduled pick up, your payment method on file will be automatically charged. Payment by the Buyer will be made on the website auction platform through our online payment partner, Stripe?. No Lot shall be transferred by Buyer to another person until the sale is final and paid in full. No partial payment will be accepted for any Lot or Lots. The Buyer grants TES a security interest in the purchased Property, and we may retain as collateral any Property purchased and any funds in our possession to secure a Buyer's obligations to us. All bid prices, premiums, charges, taxes and other sums due and not paid pursuant to this paragraph shall be subject to a finance charge at a rate of 1.5% per month (or, if lower, the maximum non usurious rate of interest permitted by applicable law) from the 8th calendar day following the auction to the date paid in full. b. Collection of Property: Upon transfer of title, the Buyer assumes full responsibility, including risk of loss and damage, for the Property. Purchased Property shall be removed at the Buyer's expense at a specific date and time established between TBD and the Buyer following the auction, subject to the sale having become final. Property not removed in a timely manner shall be subject to a storage fee of $20 per Lot per day. TBD may also, in its sole discretion, elect to place the Property in a public storage facility at the Buyer's sole risk and expense. Collection points will vary from auction to auction, but it is the responsibility of the Buyer to ascertain the location and directions to the collection point and to provide adequate time for travel and loading. All Lots purchased by the Buyer, whether individual items of large Lots of multiple items, must be collected and removed by the Buyer, including any trash or unwanted items in the Lot(s). Failure to remove Lots or partial Lots will incur a surcharge applied to the Buyer's credit card on file to cover the cost of removal by TBD or its agents. Repeated offense will result in the Buyer being banned from future auctions. Buyers are solely responsible for the removal of purchased items. Bring help for large items, tools for disassembly, ladders, hand trucks as well as boxes and bubble wrap for smaller items. If you need help for moving large items please contact us in advance for a possible referral. TES personnel will not move or load items. Inspection of items on site before removal is the responsibility of the Buyer. If there are description discrepancies notify TBD before removal of the item at the pick-up. Damaged items not disclosed in description MUST be brought to our attention on site for consideration of a refund. All items must be verified before leaving the pickup site. Once a Lot is removed from the pickup site it is the sole responsibility of the Buyer and no refunds will be considered. c. Liability for Non Delivery of Property: If, for any reason whatsoever, we are unable to deliver the purchased Property to the Buyer upon completion of sale, TBD shall be liable to the Buyer only for the amount of the Purchase Price actually paid by the Buyer and any storage or holding fees, and in no event shall we be liable for any incidental or consequential damages including, but not limited to, business interruption or lost profits. d. All terms and conditions and other announcements made the day of the auction are binding and take precedence over any information found herein. e. Items not collected by the buyer within 30 calendar days will be considered forfeit and shall be disposed of by TBD in any way they may deem necessary. This includes but is not limited to resale with all funds retained by TBD, donation to charity, or disposed of as refuse. THE AUCTION PROCESS a. Bidder Registration: Bidders must register in advance to bid at auction and must supply a valid credit or debit card to be used for their purchases. TBD and our online auction partners will refuse to recognize any person not registered. TBD reserves the right, in its sole discretion, to refuse anyone the right to register and participate at its auctions. Any person placing a bid as an agent on behalf of another (whether or not such person has disclosed that fact or the identity of the principal on its registration form) may be jointly and severally liable with the principal under any contract resulting from a bid. b. Absentee Bids: For bidding convenience, absentee bids will be accepted, when properly executed and submitted in a timely manner. However, we do not accept any responsibility to an absentee bidder nor any liability whatsoever for a failure to execute the absentee bid for any reason. In the event that identical, multiple absentee bids are the highest bids received for the same Lot, then the earliest received of the competing absentee bids shall prevail at that bid amount. c. Saleroom Notices & Other Amendments: We may, prior to, at the commencement of or during an auction, post, publish or announce important notices, changes or additions to descriptions of Property, other catalogue material or the Conditions of Sale, which amendments shall be effective upon posting, publication or announcement thereof. d. Auctioneer's Discretion: The Auctioneer has the absolute discretion to (i) withdraw a Lot from sale, divide or combine Lots, or pass a Lot, at any time prior to its actual sale; (ii) advance the bidding on a Lot in any manner the auctioneer may decide; (iii) split any bidding increment; (iv) refuse to recognize any bidder; (v) reject or refuse to recognize any bid; and (vi) resolve any dispute between bidders or resolve any doubtful bid by deciding who is the successful bidder or nullifying the auction of the Lot and reoffering it for sale. The Auctioneer's decision shall be binding as to any disputes arising at auction. If a dispute arises post-auction, TBD's records of the sale shall be conclusive. Both the Auctioneer and TBD shall be without any liability whatsoever resulting from the exercise of the discretion referred to herein. e. Reserves: All Property is offered for sale subject to a Reserve unless otherwise stated by us at time of sale or noted in the catalogue. If a Lot is offered with a Reserve, TES may implement such Reserve by bidding on behalf of the Consignor, whether by opening bidding or continuing bidding in response to other bidders until reaching the Reserve. Neither the Consignor nor any agent or representative of the Consignor is allowed to bid on their own Property. AUCTION ESTIMATES All estimates of value published in our catalogues or elsewhere are qualified statements of opinion only as to the range of the price a willing buyer might pay for the subject Property at auction. The actual price paid at auction or subsequently for the subject Property may vary substantially from the estimates. TBD shall not be liable for any such difference. DISCLAIMER OF WARRANTIES & LIMITATIONS ON LIABILITY: Except for warranty of title, neither TBD nor the Consignor makes any representations, warranties, or guarantees, express or implied, with respect to any property, including, but not limited to, any implied warranty of "fitness for a particular purpose" or "merchantability" or "non-infringement." All property is offered and sold "as-is," "where-is" and "with all faults." Bidders and buyers expressly assume the responsibility to inspect the property and make their own decision as to the nature, quality and value of the property. Any and all statements, descriptions, and illustrations of property in any catalogue, website or elsewhere by TBD relating to age, attribution, authenticity, size, genuineness, provenance, historical relevance or significance, physical condition, importance, quality, quantity, rarity, period, culture, source or origin are presented as qualified statements of opinion only. This disclaimer of liability covers information contained in its catalogues, website and all other material published by us in all media, including condition reports sales site postings and marketing materials. Neither TBD nor the consignor makes any representation, warranty or guarantee with regard to the existence of or the transfer of any intellectual property rights, moral rights or residual rights of the artist, except and to such extent as may be explicitly stated in the catalogue. No employee or agent of TBD is authorized to nor shall make any representation, warranty or guarantee, whether oral or written, on TBD's behalf, with respect to any property. We accept no liability for any failure or delay in executing bids or for any errors contained in bids placed via any online bidding service utilized by us or via our website or directed to our email system TBD and its suppliers provide the TBD website and systems and any third party online bidding services utilized by us "as is" and without any warranty or condition, express, implied or statutory. Without limiting the foregoing, we accept no liability for any failures, delays or errors caused by interruptions in the availability of our web site or systems or any online bidding service utilized by us or any errors or defects in their content or functionality, any software and/or hardware defects (whether yours or ours) and/or any internet connection problems (whether yours or ours), and we do not represent or warrant that the TES website or systems or any third party online bidding service utilized by us will be error-free in its technical operation, free of viruses or other harmful components, or that any defects will be corrected TBD and its affiliated, successors, and assigns, and its and their respective directors, officers, shareholders, employees and agents, specifically disclaim all of the foregoing warranties and any other warranties not expressly set out herein to the fullest extent permitted by applicable law Each bidder and buyer expressly acknowledges and agrees that, to the maximum extent permitted by applicable law, in no event shall TBD be liable for damages of any kind (including, without limitation, any special, compensatory, incidental, or consequential damages or damages for lost profits, lost business opportunity or lost data, regardless of the foreseeability of those damages) arising from participation at auction or use of TBD's facilities, systems, website, catalogues or other materials or use of any third party online bidding service utilized by us. BUYER DEFAULT If a Buyer fails to pay for purchased Property timely and in full as set forth in the section entitled "Purchase of and Payment for Property" above, or otherwise does not comply with these Conditions of Sale in any material respect, the Buyer shall be in default. In addition to all remedies available in law and equity to TBD and to the Consignor, we may hold the Buyer liable for the entire Purchase Price plus finance charges and reasonable costs of collection (including attorneys' fees and associated legal costs); or, at TBD's option, TBD may cancel the sale and retain all payments made by the defaulting Buyer as well as retain any and all Property of the Buyer in our possession as security against payment of the sums in default, or we may re-offer the Property for sale, at auction or privately, with or without reserve. The defaulting Buyer shall be liable to TBD and the Consignor for the additional fees, commissions and costs of all sales (including without limitation any handling, storage and attorneys' fees and associated legal costs incurred) resulting from the cancellation or resale of the Property and, in the event of resale, any deficiency which may result therefrom. LIMITED RIGHT OF RESCISSION The sole and exclusive remedy to cancel the sale of a Lot, available only to the original Buyer, is the limited right of rescission set forth herein. TBD will cancel the sale of a Lot if the original Buyer establishes to our satisfaction that there has been a breach of the Consignor's warranty of title, or that the identification of Authorship (as defined below) of the subject Property as set forth in the heading is not substantially correct, based on a fair reading of the catalogue (as may be amended by saleroom notices or verbal announcements during the auction). In all instances, the original buyer must give written notice to TBD within thirty (30) calendar days following the auction of the property, setting forth the basis for your claim and, at your sole expense and risk, return the subject property, in its entirety and in the same condition as when sold, to TBD within seven (7) calendar days after such notice is delivered. Upon review of your notice and the subject Property, if you have established the basis for the rescission claim to our satisfaction (including by providing one or more written opinions by recognized experts in the field, as we may reasonably require) and the Property has been returned in its entirety and in the same condition it was in when sold, TES SD will rescind the sale and return to you the Purchase Price, unless we have already remitted funds to the Consignor. In that event, and at TBD's sole discretion, TBD shall either pay you the Purchase Price as provided above, or shall pay you only that portion of the Purchase Price retained by us (the seller's commission, the Buyer's Premium, any Online Bidding Surcharge and any sales taxes and fees collected) and on your behalf make demand on the Consignor for the balance, and upon receipt of the funds remit same to you. Should the Consignor refuse to return the funds to you or to TBD, we shall disclose the Consignor's identity and assign to you any and all rights we may have against the Consignor. The Buyer expressly understands and agrees that TBD shall have no other liability to the buyer except as set forth above and that in no event shall TBD be liable for any damages, including but not limited to special, incidental, consequential or compensatory damages or damages for lost profits or lost business opportunity. As used herein, "Authorship" refers to the maker or creator of the Lot and, if applicable, the period and origin of the Lot, in each case as and to the extent stated in the description portion for the subject Lot in our catalogue. Titles, dates and other information appearing in the Lot description or elsewhere do not comprise Authorship and are not subject to the right of rescission. Unless determined to be a forgery (a later counterfeit intended to deceive), the sale of paintings and other art works described as having been created prior to 1870 shall not be subject to the limited right of rescission. MISCELLANEOUS PROVISIONS: a. Modification: No modification or amendment of the Conditions of Sale shall bind TBD unless contained in a writing signed by TBD, except as may be posted or published as noted above or verbally announced at time of sale. b. Severability: If, for any reason, any part of the Conditions of Sale is held to be invalid or unenforceable, the remaining portion shall be valid and enforceable. c. Successors and Assigns: These Conditions of Sale shall be binding on all heirs, successors and assigns of each bidder and Buyer and inure to the benefit of TBD 's successors and assigns. d. Governing Law, Jurisdiction and Venue: These Conditions of Sale shall be governed by, construed and enforced in accordance with the laws of the State of New Mexico, without regard to its conflicts of laws provisions. Jurisdiction for all dispute resolution shall be the State of New Mexico. Venue shall be Taos County, New Mexico. e. Notices and Service of Process: Each bidder and Buyer agrees to accept all notices and service of process at the address provided by such bidder or Buyer on any registration form executed in connection with participation at auction. All notices given in connection with these Conditions of Sale shall be made in writing and deemed effective upon personal delivery to the party's stated address, three (3) business days after deposit in the U.S. mail with postage paid to such address, or one (1) business day following delivery by e-mail to the party's stated e-mail address. f. Dispute Resolution: All disputes and claims arising out of or relating to events and actions covered by these Conditions of Sale, whether brought by or against TBD, shall be resolved by binding arbitration in accordance with the procedures set forth below. This provision does not apply to claims brought by the Buyer directly against the Consignor, including, but not limited to any action brought pursuant to the rescission provisions noted above. ARBITRATION PROCEDURES You and TBD agree that any dispute or claim in law or equity, including but not limited to any cross-claim asserted by a party to these Conditions of Sale, that arises out of the subject of these Conditions of Sale in which the sum in dispute exceeds $5,000 shall be decided by neutral, binding arbitration before a single arbitrator in accordance with the rules of the American Arbitration Association pertaining to arbitration of commercial disputes. The arbitration fees and costs shall be borne equally by the parties, but the prevailing party shall be entitled to recover its actual attorneys' fees.D PACKING, SHIPPING & DELIVERY OF PURCHASED PROPERTY Unless otherwise arranged and agreed in writing by TBD, the handling, packing, shipping and insurance of purchased Lots shall be at the risk and expense of the Buyer. TBD. shall not, under any circumstances, be liable for the loss, theft or damage to sold Property, including but not limited to a Buyer's selection of a third party packer or shipper (regardless of how recommended), the acts or omissions of any such packer or shipper, or any acts or omissions occurring in post-auction handling, packing for shipment, shipping or delivery. It is the Buyer's responsibility to obtain a shipping quote for any Lot on which it intends to bid from a third party shipper, prior to the auction. Post-auction determination of packing and shipping costs does not constitute grounds for cancellation of any purchase made at auction. Buyers are advised that the packing and shipping of (and associated insurance costs for) large, antique and fragile items can be expensive. COPYRIGHTS & CONSENTS Copyright in the text and in the photographs, digital images and illustrations appearing in our catalogues, website and other materials belong to TBD and its licensors. You will not reproduce or permit anyone else to reproduce such text, photographs, digital images and illustrations without our prior written consent. TES reserves the right to record audio and video of its auctions and related events, and by participating therein you consent to inclusion of your image and voice as may exist in any such recording. IMPORTANT NOTICES: NOTICE REGARDING PROPERTY MADE FROM OR CONTAINING MATERIALS FROM ENDANGERED OR PROTECTED SPECIES: Lots may be made from or contain a portion of material made or potentially made from endangered and/or other protected plant or animal species. Such regulated species materials include, but are not limited to, ivory, tortoise shell, crocodile skin, whalebone, rhinoceros horn, some species of coral and certain woods. Prospective Buyers are advised that several countries completely prohibit importation of property made, in whole or in part, of regulated species materials. Some countries require licenses and special permits, such as a CITES permit, from the relevant regulating authority in the countries of exportation and importation. Some states, including without limitation New York State, have adopted restrictions and permitting requirements for items containing such materials as well. Potential Buyers intending to import the property into another state or country should be familiar with the relevant laws and regulations prior to bidding on any Property containing such regulated species material. It shall be the potential Buyer's sole responsibility to research and satisfy the requirements of any laws and regulations that apply to the possession, import and export of Property containing regulated species material as described in the aforementioned paragraphs. Prospective Buyers must also note that the inability or delay in obtaining permits, licenses or other permissions to possess, import or export Property potentially containing regulated species material will not constitute a basis for rescission or cancellation of the sale of said Property or the delay in payment of purchased Lots in accordance with the Conditions of Sale. GLOSSARY AND TERMINOLOGY USED IN CATALOGUING CONDITION NOTES AND REPORTS & PROPERTY ILLUSTRATIONS: TBD may include a brief note on condition within the catalogue description of a Lot. We do this when the condition problem is material enough in our opinion to affect the estimate of the Lot. This does not constitute a complete report of the Lot's condition, nor should it be assumed that Lots cataloged without mention of condition are in perfect condition. Separate condition reports for Lots on offer may be available from our staff upon request. While such reports typically contain more information than in the catalogue descriptions and we endeavor to include significant alterations and defects therein, condition reports should not be assumed to be or relied upon as exhaustive. Also, note that images of Property included in catalogues, on the website and in other materials or provided directly are provided for convenience only and may not be accurate depictions of a Lot's condition or color, and Property items may appear smaller or larger than actual size. Condition notes, condition reports and images of Property on offer do not constitute representations or warranties by TBD. Prospective bidders and Buyers should inspect the Lots on offer in person or via an agent and satisfy themselves as to the condition, authenticity and value thereof. PAINTINGS & ARTWORKS AUTHORSHIP: ("ARTIST" e.g., Salvador Dali): In our opinion, the work is by the stated artist. Attributed to ("ARTIST"): In our opinion, the work may be ascribed to the artist on the basis of style, but there may be some question as to actual authorship. In the manner of ("ARTIST"): In our opinion, the work was executed by an unknown hand, but was designed deliberately to emulate the style of the artist. After ("ARTIST"): In our opinion, the work was executed by an unknown hand, but is a deliberate copy of a known work by the artist. Circle of ("ARTIST"): In our opinion, a work of the period of the artist showing his influence, closely associated with the artist but not necessarily his or her pupil. Follower of ("ARTIST"): In our opinion, a work by a pupil or a follower of the artist (not necessarily a pupil). "American, 19th century": In our opinion, this work was executed by an unknown hand, and can only be identified by origin (i.e., region, period). "Bears signature": In our opinion, the signature on the artwork may be spurious. Picture Frames: Fine art frames are not included in the Lot estimate or Purchase Price and TBD accepts no liability for damage of loss to picture frames, glass or backings during storage, handling, packing or shipment. JEWELRY & WATCHES GEMSTONES: Gemstone weights are approximate. In addition, the majority of gemstones today are subjected to a variety of treatments and/or enhancements, including diamonds and colored stones, the purpose of which is to improve their appearance, color and/or clarity. Treatments such as heat, diffusion, irradiated, HTHP, oiling, resin, bleaching, dying and impregnation are just a few techniques known today. Some treatments are combined, some permanent and others are not. Not all treatments are detectable using standard gemological equipment. Prospective Buyers are therefore reminded that unless otherwise noted in the Lot description(s) or condition report, it must be assumed that some form of enhancement may have been used. Laboratory reports only reflect the opinions of the laboratory on that date. Each laboratory has its own strengths and weaknesses, therefore differing in degrees of grading and/or treatments. WATCHES: Watches and other timepieces must be examined carefully. Although we do attempt to mention in our descriptions significant defects, needed repairs, absent stones and the like, we do not guarantee the accuracy or operation of any watch function. PROPERTY CONTAINING JADE: We are aware of the many types of treatments and/or enhancements used today on jade. The purpose is to improve their appearance, i.e. color and/or clarity. Techniques like bleaching, dying and impregnation are just a few techniques known today. These treatments are not detectable using standard gemological procedures. Not all are permanent. Prospective Buyers are therefore reminded that unless otherwise specifically noted in the catalogue description(s), it should be assumed that some form of enhancement may have been used on jade. FURNITURE: "George III Mahogany Chest of Drawers Third Quarter 18th Century" Indicates that the piece is, in our opinion, of the period indicated with no major alterations or restorations. "George III Mahogany Chest of Drawers" Without the inclusion of the date indicates that, in our opinion, the piece, while originally or basically of the period, has undergone significant restoration and/or alteration. "George III Style Mahogany Chest of Drawers" The inclusion of the word "style" in the heading indicates that, in our opinion, the piece was made as an intentional reproduction of an earlier style. BRONZES: "Antoine-Louis Barye" Indicates that the casting and patination were done by the artist or with his direct authorization or supervision. "After a Model by Antoine-Louis Barye" Indicates that in our opinion, the casting and patination of a known Barye model were done by another, i.e., artisans at the F. Barbedienne or other foundry. CERAMICS: "A Meissen Porcelain Cup and Saucer Late 19th century" Indicates that in our opinion, the cup and saucer were made at the Meissen factory in the last quarter of the 19th century. "A Meissen Porcelain Cup and Saucer" Indicates that in our opinion, the cup and saucer were made at the Meissen factory, but does not specify when, implying the age is uncertain. "A Meissen style Porcelain Cup and Saucer" Indicates that in our opinion, the cup and saucer were not made at the Meissen factory but are of a similar style.

If you have not contacted Taos Black Dog to arrange payment within 3 days of the time that invoice is sent, we will charge the credit card you used to register for the auction for the amount of your invoice.

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