Modern and Contemporary Art

1 The lots listed in this catalogue will be offered by Leslie Hindman, Inc. as owner or as agent for consignor(s) subject to the following terms and conditions:

2 All lots are sold “AS IS” and without recourse and neither Leslie Hindman, Inc. nor its consignor(s) makes any warranties or representations, express or implied with respect to such lots. Neither Leslie Hindman, Inc. nor its consignor(s) makes any express or implied warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition of completely free from wear and tear, imperfections or the effects of aging. The Terms of Guarantee are controlling, and no statement, whether written or oral, and whether made in this catalogue, or in supplements to this catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability.

Leslie Hindman, Inc. and its consignor(s) make no warranty or representation, express or implied, that the purchase will acquire any copyright or reproduction rights to any lot sold. Leslie Hindman Inc. expressly reserves the right to reproduce any image of the lots sold in this catalogue.

3 Leslie Hindman, Inc. reserves the right to withdraw any lot at any time prior to the commencement of bidding for such lot.

4 If the auctioneer decides that any opening bid is below the value of the lot offered, the auctioneer may reject that bid and withdraw the lot from sale; and if, having acknowledged any opening bid he decides that any advance thereafter is insufficient, he may reject that advance.

All lots are offered subject to a reserve, which is the confidential minimum price below which such lot will not be sold. No reserves will exceed the low estimate of the lot. Reserves are agreed upon with consignors or, the absence thereof, in the absolute discretion of Leslie Hindman, Inc.

The auctioneer may open bidding on any lot by placing a bid on behalf of the seller. The auctioneer may further bid on behalf of the seller, up to the amount of the reserve, by placing successive or consecutive bids for a lot or by placing bids in response to other bidders.

5 Estimates provided in this catalogue represent that range which, in the opinion of Leslie Hindman, Inc. represents a fair and probable auction value. Actual prices realized for items can fall below or above this range.

6 Leslie Hindman, Inc. reserves the right to reject any bid, as well as the right to refuse to acknowledge any bidder. The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder or to reoffer the lot in dispute. If any dispute arises after the sale, the Leslie Hindman, Inc. sale record shall be conclusive.

7 Title passes upon the fall of the auctioneer’s hammer to the highest acknowledged bidder subject to the conditions of sale set forth herein, and such bidder thereupon assumes full risk and responsibility therefore and will pay the purchase price as follows:

The total purchase price to be paid by purchaser is the amount of the successful bid price plus a premium of 20% on the first $100,000 of the successful bid price. That portion of the hammer price which exceeds $100,000 will be subject to a 12% premium. All purchases are subject to state and local sales or use taxes, when applicable, and payment shall be made as follows:

A cash deposit of not less than 25% of the purchase price (unless the whole purchase price is required at the sole discretion of Leslie Hindman, Inc.) will be paid on the day of the action. Deposits shall apply to all purchases made at this sale and not to any one particular lot.

The balance of the purchase price, if any, will be paid not later than 5 p.m. one (1) day following the day of the action. Such payment shall be made in U.S. dollars by certified or cashier’s check drawn on a U.S. bank unless other arrangements are made with Leslie Hindman, Inc.

Leslie Hindman, Inc. reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Leslie Hindman, Inc. a handling charge of $25 for any check dishonored by the drawee.

8 In addition to the other remedies available to us by law, we reserve the right to impose a late charge of 1% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. All property must be removed from our premises by the purchaser at their expense not later than 3 business days following its sale and, if it is not removed, Leslie Hindman, Inc. reserves the right to charge a minimum of $5 per lot per day or to deliver said property to a public warehouse for storage at the purchaser’s expense. Leslie Hindman, Inc. shall have no liability for any damage to property left on its premises for more than 3 days following the sale.
If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the consignor(s) by law, including without limitation the right to hold the purchaser liable for the total purchase price, we at our option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property at public auction without reserve, and the purchaser will be liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser’s obligations to us, any property in our possession owned by such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier’s checks, we have confirmed their authenticity.

9 If for any cause a purchased lot cannot be delivered in as good condition as at the time of sale, or should any purchased lot stolen or mis-delivered or lost prior to delivery, Leslie Hindman, Inc. shall not be liable for any amount in excess of that paid by the purchaser. We are not responsible for the acts or omissions of carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots by us is at the entire risk of the purchaser, and Leslie Hindman, Inc. will have no liability of any loss or damage to such items.

10 Any and all of the conditions may be waived or modified in the sole discretion of Leslie Hindman, Inc.

All purchases are subject to state and local sales or use taxes when applicable