THE SEPTEMBER FINE ART & ESTATES AUCTION

1. TERMS AND CONDITIONS OF SALE By bidding at an Avanta Auctions auction, whether in person, by agent, absentee bid, telephone bid, via the internet, or by any other means, the bidder agrees to be bound by these Terms and Conditions of Sale. Any notices, whether published, posted, or orally announced before or during the sale, shall form part of these Terms and Conditions of Sale. Acceptance of a bidder card or bidder number constitutes acceptance of these Terms and Conditions of Sale. Avanta Auctions is not responsible for any errors made by a bidder, including, without limitation, bidding on the incorrect lot. 2. BUYERS' PREMIUM All bid prices (hammer prices) are subject to a buyer's premium of twenty-eight percent (28%), payable by the purchaser. The buyer's premium shall be 28% when payment is made by cash, money order, cashier's check, wire transfer, credit/debit cards, PayPal or approved personal check. The buyers premium shall be added to the hammer price, and together they shall constitute the total purchase price. Buyer's premiums applicable to lots purchased through third-party auction platforms or portals may differ and shall be as stated on the applicable platform. 3. SALES TAX For purchases picked up or delivered within the State of New York, unless exempt by law, the purchaser shall be required to pay all applicable New York State and local sales tax, any applicable compensating use tax of another state, and, if applicable, any federal luxury or other tax, calculated on the total purchase price, including the buyer's premium. Avanta Auctions is required by law to collect and remit applicable New York State sales tax unless proper documentation of exemption is provided. Purchasers claiming exemption must have appropriate documentation on file with Avanta Auctions prior to the release of the property. If property is delivered to a state in which Avanta Auctions is not required to collect sales tax, the purchaser is responsible for self-assessing and remitting any applicable sales or use tax. Avanta Auctions is not required to collect sales tax on property delivered outside of the United States. 4. REGISTRATION All prospective bidders must complete and sign a registration or bid form prior to bidding. Avanta Auctions reserves the right to require bank or other financial references as a condition of participation in any auction or bidding on a particular lot. Avanta Auctions reserves the absolute right, in its sole discretion, to refuse participation to any bidder. By placing a bid, the bidder assumes personal liability for payment of the purchase price, including the buyer's premium, applicable taxes, and all other fees and charges. If bidding as an agent, Avanta Auctions must be notified prior to the commencement of the sale and provided with the identity of the principal acceptable to Avanta Auctions, in which case Avanta Auctions shall look solely to the principal for payment. 5. METHOD OF PAYMENT Payment in full must be received no later than ten (10) days following the auction date, unless otherwise agreed in writing by Avanta Auctions. Accepted forms of payment include cash, money order, cashier's check, wire transfer, credit/debit cards, and approved personal checks. Credit card limit (MasterCard, Visa, American Express): Maximum of $5,000, accepted only through the Avanta Auctions invoice system. Foreign buyers must remit payment in U.S. dollars via bank card, certified check drawn on a U.S. bank, or wire transfer. Avanta Auctions reserves the right, at its discretion, to require payment by methods other than credit card or PayPal. 6. DEFAULT AND INTEREST The total amount due is payable upon receipt of the buyer's invoice and, in all events, no later than ten (10) days following the auction date. By registering and bidding, the purchaser expressly authorizes Avanta Auctions to charge any credit or debit card provided by the purchaser for all amounts due under these Terms and Conditions of Sale. If the invoice is not paid in full within ten (10) days of the auction, Avanta Auctions may charge the credit card on file for the full invoice amount. Interest shall accrue on any unpaid balance at the rate of twelve percent (12%) per annum, or the maximum rate permitted by New York law, commencing on the tenth (10th) day following the auction date. Any deposits or partial payments may be applied at Avanta Auctions? sole discretion, toward any outstanding obligation. The purchaser acknowledges that failure to comply with these Terms and Conditions of Sale will cause damages to Avanta Auctions and the consignor that are difficult to determine precisely, including, without limitation, consignor commissions, loss of use of funds, costs of resale, administrative expenses, depreciation, and losses upon resale. Accordingly, the parties agree that if the purchaser fails to pay the full invoice amount within forty-five (45) days of the auction, liquidated damages equal to thirty percent (30%) of the invoice amount represent a reasonable estimate of such damages and are not a penalty, in addition to the invoice amount and accrued interest. Upon the fall of the auctioneer's hammer, title shall pass to the successful bidder; provided, however, that Avanta Auctions shall retain a security interest in the property until payment of the total purchase price in full, and the purchaser shall thereafter assume all risk of loss and responsibility for the property. 7. WITHDRAWAL Avanta Auctions reserves the right to withdraw, rearrange, separate, or exclude any property from the auction at any time before or during the sale, without notice and without liability. 8. PROTESTS, DISPUTES, AND THE AUCTIONEER Avanta Auctions and the auctioneer reserve the absolute right, in their sole discretion, to reject any bid, advance bidding, withdraw or divide lots, combine lots, determine the successful bidder, continue bidding, cancel a sale, or re-offer and resell any disputed lot. The auctioneer's determination shall be final and binding. Avanta Auctions? Records shall be conclusive in the event of any dispute after the sale. 9. GUARANTEE All property is sold AS IS, and WHERE IS. All sales are final. No refunds or exchanges shall be permitted. Avanta Auctions makes no guarantees or warranties of any kind. Catalog descriptions are statements of opinion only and are provided solely as a guide. Errors and omissions may occur. Bidders are encouraged to inspect property personally or through a qualified expert. Photographs and condition reports are for guidance only and may not reflect all defects or restorations. Neither Avanta Auctions nor its consignors shall be responsible for errors or omissions in any descriptions or materials. Estimates are not representations of value and should not be relied upon. 10. RESERVES Certain lots may be subject to a confidential reserve price. Avanta Auctions may bid on behalf of the consignor to protect the reserve. Nominal or disparaging bids may be rejected. Lots failing to reach a percentage of the low estimate may be passed or re-offered at a later sale, at the auctioneer's sole discretion. 11. BIDS OF CONSIGNORS Consignors, other than Avanta Auctions, are not allowed to bid on their own merchandise nor have any agent bid on their behalf. If the Auctioneer recognizes such bidding or is advised of the same, the Auctioneer reserves the right to withdraw any or all items consigned by the offending consignor. It is not prohibited conduct under this Section when an Auctioneer bids on behalf of the consignor to reach the reserve price. 12. ABSENTEE, TELEPHONE, AND ONLINE BIDDING As a service and at its sole discretion, Avanta Auctions may accept absentee, telephone, or online bids. Absentee bid forms must be received and credit approved in advance of the sale; Avanta Auctions may require a deposit of up to fifteen percent (15%) of the total bids submitted. Deposits will be returned within ten (10) business days if bids are unsuccessful at the bidder's request. Any absentee bid is executed as if the bidder were present in person. Avanta Auctions will attempt to execute bids at the lowest possible bid increment, but assumes no responsibility for failure to execute any bid for any reason whatsoever. No fiduciary duty exists between Avanta Auctions and any bidder placing absentee, telephone, or online bids; Avanta Auctions owes fiduciary duties solely to the consignor. Telephone bids may be recorded, and by participating, bidders expressly consent to such recording. Online bidding may be subject to additional fees imposed by third-party platforms, which are the sole responsibility of the purchaser. 13. FINANCIAL INTEREST IN PROPERTY Purchasers acknowledge that Avanta Auctions has a financial interest in all lots offered for sale through commissions and premiums and may also have an ownership or other financial interest in certain lots. Such interests may be disclosed in the catalog or otherwise made known prior to or at the time of sale, but are not required to be separately disclosed for each lot. Avanta Auctions may bid on such lots to protect its interest. 14. ENDANGERED OR PROTECTED SPECIES OR WILDLIFE Property made of or incorporating endangered or protected species or wildlife may be subject to import and/or export restrictions established by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Such property may include, without limitation, items made of or incorporating plant or animal materials such as coral, crocodile, ivory, whalebone, or tortoiseshell. These items may require a license or certificate prior to exportation and/or importation and, in certain instances, may not be eligible for international or domestic shipment. In addition, such items may be subject to seizure or confiscation by state or federal authorities if appropriate documentation authorizing their sale, transport, or export is not produced. By placing a bid, the bidder acknowledges awareness of such restrictions and assumes sole responsibility for obtaining and paying for any required licenses, permits, or certificates. Avanta Auctions shall not be responsible or liable for the inability to ship any purchased item or for the seizure or confiscation of such item by governmental authorities prior to or following shipment. In all events, the bidder remains fully responsible for timely payment of the total purchase price. Bidders are encouraged to familiarize themselves with applicable customs, wildlife, and import/export regulations prior to bidding. 15. EXPORT / IMPORT REQUIREMENTS Certain property offered for sale may require a license, permit, or certificate prior to exportation and/or importation. It is the sole responsibility of the purchaser to obtain any and all required export and/or import licenses and documentation. Avanta Auctions has no obligation to assist the purchaser in applying for or obtaining such licenses or documentation and may, in its discretion, charge additional fees for any assistance provided. Avanta Auctions shall have no obligation to rescind a sale or refund any portion of the purchase price, interest, or expenses incurred by the purchaser in the event that payment is made where an export or import license is required but not obtained. 16. PHOTOGRAPHS Avanta Auctions reserves the right to retain, disclose, sell, transfer, publish, and otherwise use any photographs, images, descriptions of property, and results of any sale, whether before or after the auction. All images, text, photographic reproductions, and catalog design are protected by copyright and may not be reproduced without the prior written consent of Avanta Auctions. Neither Avanta Auctions nor the consignor makes any representation or warranty, express or implied, as to whether the purchaser acquires any copyrights or other intellectual property rights, including, without limitation, reproduction rights. 17. DELIVERY, SHIPPING, AND STORAGE Property cannot be collected on the auction day and will be stored by Avanta Auctions and released by appointment only. It is the purchaser's responsibility to arrange pickup or shipment following payment. All delivery, shipping, handling, and storage charges must be paid in full prior to release of the property. Property must be collected within fourteen (14) days of the auction date. Lots not collected within such period shall incur storage charges of $5.00 per lot, per day, with additional fees applicable to oversized or special-handling items. Property not removed within one hundred eighty (180) days may, after reasonable written notice to the purchaser at the last address or email on file, be sold by Avanta Auctions in a commercially reasonable manner to recover outstanding storage, handling, legal fees, expenses, and a seller's commission. Any surplus proceeds remaining after satisfaction of such amounts may be remitted to the purchaser. 18. LIMITATION OF LIABILITY Except as expressly provided herein, all property is sold AS IS and WHERE IS. Neither Avanta Auctions nor the consignor makes any representation or warranty of any kind, whether express or implied, with respect to the title, merchantability, fitness for a particular purpose, or condition of the property, or as to the accuracy or completeness of any description, catalog, supplemental materials, or other statements. To the fullest extent permitted by law, Avanta Auctions shall not be liable for any incidental or consequential damages; provided, however, that nothing herein shall exclude or limit liability for gross negligence, willful misconduct, or fraud to the extent such limitation is prohibited by applicable law. 19. GOVERNING LAW & JURISDICTION By bidding at an Avanta Auctions auction, each purchaser or bidder agrees that the binding contract created by these Terms and Conditions of Sale is deemed to have been made and performed in the State of New York. Any dispute arising out of or relating to this contract shall be subject to the exclusive jurisdiction of the state and federal courts located in the State and County of New York. The rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles. All bidders and sellers irrevocably consent to service of process or any other legal documents in connection with any proceeding by certified mail, return receipt requested, facsimile transmission, personal service, delivery by mail, or any other method permitted under New York law or the law of the jurisdiction in which service is effected, at the last address known to Avanta Auctions. 20. BINDING EFFECT; MODIFICATIONS; SEVERABILITY The items offered for sale by Avanta Auctions are offered either as agent for the consignor or, where indicated, by Avanta Auctions as owner. Accordingly, the contract for sale of any item shall be deemed to be between the consignor and the buyer, except in cases where Avanta Auctions owns the property, in which event the contract shall be between Avanta Auctions and the buyer. These Terms and Conditions of Sale shall be binding upon, and shall inure to the benefit of, the respective successors and assigns of all bidders, purchasers, and Avanta Auctions. No waiver, amendment, or modification of these Terms and Conditions of Sale shall be binding upon Avanta Auctions unless expressly stated in writing and signed by an authorized representative of Avanta Auctions, except for posted notices or oral announcements made at the time of sale. If any provision of these Terms and Conditions of Sale is held to be invalid or unenforceable for any reason, such provision shall be severed, and the remaining provisions shall continue in full force and effect.

If you have not contacted Avanta Auctions 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.

Online purchases from Avanta Auctions may be subject to sales tax. Please see the following for more details. If you are tax-exempt, you can submit your tax-exempt certificate to prevent the collection of tax. Learn more about tax-exemption.