Original Graphic & Fine Art, 1500 to present

TERMS & CONDITIONS OF SALE & LIMITED WARRANTY Contact: auction@davidsongalleries.com Each lot in this auction is subject to the following Terms & Conditions of Sale (T&C). By registering to bid at auction or by placing a bid or offer by any means you agree to these T&C. "We," "us," "our," ?seller,? ?Davidson Galleries,? ?DG,? and all other similar terms refer to Davidson Galleries and its agents; "you," "your," ?bidder,? buyer," or similar terms refer to a person bidding on or buying items. AUCTIONEER Davidson Galleries conducts business as an auctioneer in its own name on behalf of its voluntary consignors and on its own behalf. AUCTION DATES AND TIMES Auction dates and times, as well as the number, character, order, and schedule of the items to be auctioned are set by DG and are subject to change without notice. Individual lots and items may be modified or changed at any time. DURATION AND TIMING OF AUCTION At the appointed time [August 23, 2014] DG will begin with lot #1 and continue in numerical lot order until we sell the last lot. Bidding on some lots concludes quickly, while for others it may take some time. We have no way of knowing precisely at what time your lot(s) will be up for sale; the only way to know this is to actively monitor the auction as it progresses. DESCRIPTION AND CONDITION OF LOTS In-person previews are available only by appointment. No preview appointments will be available during the 48 hours immediately preceding the date of auction. Catalogue descriptions are created with as much care as possible, but are opinion only; the descriptions do not fall under any statutory paragraph for guaranteed legal characteristics. Solely as a convenience and only upon request, DG may provide condition reports. The age and nature of many items precludes their being in perfect condition. Some descriptions of lots 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 without legal obligation. 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. Bidders are urged to ask for condition reports as far in advance as possible before an auction. There is no guarantee we will be able to fulfill all requests for condition reports. Any representation or statement by DG in description or advertisement of forthcoming sales as to authorship, attribution, genuineness, origin, date, age, provenance, condition, or estimated selling price is an opinion only. Every person interested should exercise his own judgment as to such matters, and neither DG nor any of its agents are responsible for the correctness of such opinions. Except as stated under Limited Warranty in the paragraphs below, all property is sold ?as is, where is? with no representation or warranty of any kind from DG or the consignor. When possible, buyers or their agents are advised to personally examine any property on which they intend to bid prior to the auction. All dimensions are approximate. The condition of frames is not guaranteed. All lots are sold ?as is, where is?; there will be no returns based on condition. Many items are of considerable age and will exhibit wear, usage, and damage not listed in the description. Some lot descriptions refer to specific damage and/or restoration, and while we provide this information for guidance only and without legal obligation, the absence of condition remarks in the description does not mean the item is in perfect condition. Condition is subjective: when we list condition information for a lot, it is our opinion only. Certain works on paper, may be affixed to mounting boards or support sheets, either contemporary or modern, and these may or may not be noted in the description. We urge you to request a full condition report for any items in which you have an interest, and recommend that every interested party exercise the best judgment possible based on direct physical examination of the property. CATALOGUING PRACTICES The following are some, but not all, of the practices used by Davidson Galleries in the cataloging of individual lots for sale: 1. Authorship of lots. Authorship for each lot is indicated using the following conventions. (a) when no qualification or specification is made (e.g. Joan MIRÓ), the work listed is designed and executed by the listed artist. In the case of prints, the composition and printing matrix are the work of the same person. (1) ?after? (e.g. after Joan MIRÓ) designates a work where the designer of the composition did not execute (or perhaps even authorize) the printing matrix. 2. Dates. Dates are ascribed as closely as possible, with no guarantee as to their absolute accuracy, and lots are not subject to return because of date inaccuracy. Most lots include matrix date information. In the case of one of a kind objects (such as paintings, watercolors, etc.) the matrix date is the date the object was created. For "multiples?, such as most prints, posters, sculptures, photographs, etc., the matrix date is the creation date of the matrix from which the object is then derived. If known, we may list the printed date, the date that the multiple offered was printed. When we don't know the exact matrix date we may put "ca.? for circa, as in ca. 1931, or we may omit this entirely. If we don't know the exact printed date we may use "ca?. or "printed later," or we may omit this entirely. In the case of ?multiples? when no printed date is given, it is to be assumed to be identical to the matrix date. 3. Dimensions. Measurements of the image and the matrix material are generally within 1/8 of an inch, height before width before depth, with no guarantee as to their absolute accuracy, and lots are not subject to return due to size inaccuracy. Intaglio prints are measured from the platemark; paintings, drawings, planographic prints, and relief prints, etc. are measured from the image. 4. Title, Medium, Edition, Paper, Margins, Catalogue Raisonné, Provenance. The Title may be that given by the Artist or descriptive; Medium if applicable and available; Edition size and individual number if applicable and available; Paper type if applicable and available; Margins if applicable and available; Impression quality if applicable and available; Catalogue raisonné number if applicable and available; Provenance if available: DG will describe these aforementioned items as accurately as possible with no guarantee as to their absolute accuracy, and lots are not subject to return due to any cataloguing inaccuracy in these categories. 5. Signature. "Signed in pencil/ink:? in our qualified opinion, an autograph signature by the artist; "Signed in the block/plate/stone/screen/matrix? in the case of multiples, the signature of the artist as a part of the matrix itself, which then becomes part of the matrix and prints within and as part of the image. PROVENANCE INFORMATION & DOCUMENTATION DG makes no guarantee that any object in any lot will be accompanied by written provenance information, whether or not the lot description bears a statement of provenance. Provenance information is sometimes furnished to DG by the consignor, and is provided in catalogue descriptions only as a matter of information, not fact, unless indicated otherwise, and DG solely assumes no responsibility for its representation and/or accuracy. CATALOGUE AND ON-LINE IMAGES We strive to present as accurately as possible any object pictured in our on-line catalogue. Because of the different methods used by on-line auction bidding platforms to upload images, which can result in the distortion of, or addition to, a particular object, and the color differentiation and variation of various computer monitors, and other factors relating to the Internet, there are absolutely no returns due to variations between images as pictured in the on-line catalogue and the actual object itself. Some artwork is pictured framed. Where the artwork is pictured framed, the frame does not figure into the purchase price. If you wish for the artwork to come framed as pictures, you must inform DG of this, and special arrangements must be made to ship the art and frame together. If the bidder does not inform DG of his/her desire to receive the frame within forty-eight (48) hours after the auction ends, DG will assume that the artwork is to be shipped unframed. Occasionally there may be a discrepancy between the image of an object online and the object description of same. If this is the case, the catalogue text description is presumed correct; no returns will be accepted, or liability on DG?s part incurred, due to this type of discrepancy. We urge you to contact us before your purchase if you notice a situation such as this. BIDDING AT AUCTION All prospective bidders are required to register with DG in advance of the sale, although we occasionally may approve bidders during the course of the auction itself. We may require photo identification and bank references for registration, and in all cases we require an email address. By bidding at the auction, the buyer assumes personal responsibility to pay the purchase price bid and any additional charges (e.g. packing, crating, and shipping) that become due and payable in connection with the purchase of property. Approval of the bidder to bid is at the discretion of DG. By registering for one of our auctions, you grant us permission to inform you by email, postal mail, fax, telephone, or social media of our regular upcoming exhibitions and events not related to auction, unless you wish to opt out. Please note that third-party on-line bidding companies, which allow bidders to participate in our auction on a real-time basis, have varying regulations and restrictions over which we have no control. If you experience any difficulty in creating an account with a third-party on-line bidding company, please contact us. We accept absentee (advance) bids left directly with us before the auction begins and internet bids (either left with an online bidding platform before or during the auction or bidding live during the auction). We do not accept unlimited/buy bids. To leave absentee/advance bids directly with us, you can call and/or email us with the lot number, artist, title, and maximum bid (consult Liveauctioneers for appropriate) increment) up to forty-eight (48) hours before the auction begins. Absentee/advance bids left with us cannot be withdrawn after twenty-four (24) hours before the beginning of the auction. If the auction date should change, all absentee/advance bids that have been left with us for that particular sale will be honored and executed on your behalf during the auction on the rescheduled date, and said bids cannot be withdrawn by you. If you have questions on absentee/advance bidding, please feel free to call or email us. Registered bidders, whether absentee/advance or bidding live via the Internet, are responsible for all bidding activity on their account. By submitting absentee/advance bids online the bidder authorizes the third-party on-line bidding company to instruct DG to bid up to the maximum amount left by the bidder with the on-line bidding company. If identical absentee/advance bids are received, the earliest bid received will prevail. DG assumes no responsibility for any errors resulting from executing bids or on-line technical difficulties. Absentee/advance bids left on third-party live auctions platforms are not the same as bids left with DG directly. Tie bids may occur between live auction bidding platforms and absentee/advance bidders. In the event of a tie bid, the auctioneer has sole discretion to award the lot to the high bidder of his or her choice, generally the floor bidder or a bidder who has left a bid directly with us and not through a third party. DG reserves the right to refuse participation in the auction by any bidder, whether participating on-line or through absentee/advance bid. Registrations may or may not be approved during the course of the sale. Internet bidding has limitations. Technical problems may prevent Internet bids from being entered or may interrupt the live bidding process. When this happens, the system may incorrectly clerk a winning bid to an Internet bidder. The auctioneer is the sole determiner of the winning bidder. Third-party bidding platforms do not reveal bid amounts. They only relay bids one increment at a time up to the maximum proxy bid amount which could, due to the back and forth of auction bidding, match the last bid entered by a floor bidder. Your bid/purchase is a legally binding contract. Place a bid or make an offer only if you're serious about buying the item. If you are the successful and winning bidder/buyer, whether during or after an auction, you immediately have entered into a legally binding contract to purchase the property bid on/purchased from the seller. You should contact DG to resolve any questions before bidding. 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, and 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. In case of identical bids, determination of the winning bidder shall be left to the sole discretion of DG. DG 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, to withdraw lots before the actual final sale, and to award disputed lots to the bidder of its choice, both during and after the auction. In any such case, the judgment of DG is final, and shall be binding upon all participants. In the case of a written bid, the bidder commissions DG to place bids on his/her behalf during the auction. In cases where there is a discrepancy between lot number and title/description in a written bid, the number shall prevail. 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. If requested prior to the sale, we will use reasonable efforts to contact the buyer by telephone to conduct a phone bid on the day of the sale, but we assume no responsibility for errors or omissions made in connection with any such arrangement. 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/advance 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 pre-sale estimates provided are intended as a guide to bidding. The figures are often educated guesses, generally based on recent values. A bid between the listed figures would, in our opinion, often have a chance of success (at the time when the catalogue was prepared). Buyers are advised that there may be additional terms and conditions governing the use of Internet bidding platforms utilized by DG 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. To determine bidding increments, please see Liveauctioneers. PAYMENT Upon the fall of the auctioneer's hammer, the buyer assumes all risk of loss and damage to the property, and in addition, any obligations, costs, and expenses relating to the handling, shipping, insurance, tax, export, and storage of property. Buyers are required to pay for purchases immediately following the auction unless other arrangements have been made in advance of the auction. Payments must be made in US Dollars. No buyer?s premium will be assessed on the hammer price. All purchases picked up by the buyer, or shipped by us within the state of Washington, will be subject to state sales tax unless the buyer has provided us with a valid certificate of exemption from such tax. Purchases shipped outside of Washington state are not subject to Washington state sales tax. We accept personal and corporate checks, cashier?s checks, money orders, wire transfers, and credit/debit cards (Visa/MasterCard/American Express). For credit/debit card transactions, please call us and give us your details verbally; or send card details in two separate emails or send an email with details in an attachment (for security reasons) to: auction@davidsongalleries.com. No surcharge will be charged to the buyer for payments made via credit/debit card. We reserve the right to reject the use of credit/debit cards issued by a non-U.S.A. bank, as well as U.S.A. credit/debit cards with a non-U.S.A. billing address. Please send checks and money orders to: Davidson Galleries, 313 Occidental Ave. S., Seattle, WA 98104, U.S.A. Please note that checks must be drawn on a U.S.A. bank in U.S.A. dollars. All checks, regardless of type, may be subject to a ten day hold. Returned checks are subject to a $30.00 returned check fee. Please note that we do not accept Discover Card, MoneyGram, Western Union, electronic checks, or Paypal. Per our T&C, winning bidders must pay for their purchases within seven (7) days after the auction. Purchases over $2,500. may require payment by check, money order, cashier's check, or wire transfer. Please contact the auction house for further information. If the buyer makes payment with a credit/debit card (Visa, MasterCard, or American Express), the buyer, by his or her acceptance of these T&C, waives his or her right to file a dispute involving a "chargeback" for the item(s) purchased using the Charge Card Association's/Visa's/MasterCard?s/American Express?s Reason Code 53: Not as Described or Defective Merchandise" or similar language. The buyer's sole remedy in instances where the buyer believes the item was not as described/catalogued is to follow the steps outlined under "Limited Warranty" in these T&C. Items are not returnable due to the condition of the item, per the T&C. If after seven (7) days from the auction date we have not received payment for lots purchased, we reserve the right, and you hereby grant us permission, to charge your credit/debit card on file for the payment due, which may include applicable shipping charges, to be determined by DG. Any charge made by DG under this provision shall be credited against all amounts owed to DG under the T&C, and shall in no way limit or restrict the exercise of DG?s rights and remedies available at law or in equity with respect to payment of all other sums owed by the bidder to DG. We reserve the right to delay delivery of any property until the clearance or collection of funds in connection with any payment and, in any event, ownership of the property shall not pass to the buyer until collection of funds has occurred. If you purchased lots during the auction via the Internet and if your invoice(s) are unpaid ten (10) days after the auction date, we may file a dispute/non-paying bidder report with the Internet bidding platform company you used to place your bid(s), as well as other auction platform sites with which we are affiliated, in our sole discretion. If you fail to pay promptly as outlined above, we may impose Administrative Burden fees (the equivalent of collection fees) and add the total of these fees to your outstanding balance. The Administrative Burden fee also applies if you purchased lots during the sale directly with us (absentee). Your successful bid is a legally binding contract. In the case of unpaid balances, we may enforce our legal rights through court action. If so, any costs incurred by DG in the preparation for court action (contact by DG with its attorneys, letter(s) from DG?s attorneys to the non-paying bidder, etc.) are immediately accruable to the buyer and immediately due and payable by the buyer, even in the event that the matter does not end up in a court filing. These fees must be paid, in addition to the hammer price and any shipping costs, before the property is released to the buyer. We may also report all outstanding unpaid balances to the buyer's applicable credit bureau(s) (Consumer Reporting Agency; Credit Reference Agency) including but not limited to the following countries, as follows: United States: FICO, Experian, Equifax, TransUnion Australia: Veda Advantage Austria: KSV Canada: Equifax, TransUnion France: SCRL Germany: Schufa, Creditreform Ireland: Irish Credit Bureau Italy: Experian, CRIF, CTC Mexico: Equifax, TransUnion Netherlands: Equifax South Korea: KCB, KIS, NICE Spain: Credinformacoes Sweden: Soliditet AB, UC Turkey: KKB United Kingdom: Experian, Equifax, Callcredit In some cases, DG may allow a winning bidder/buyer to pay a partial amount of the total amount due with a subsequent payment or payments necessary to pay the balance in full. After the initial partial payment(s), if at any time DG in its sole discretion determines that the bidder is unable or unwilling to complete the transaction by paying the balance in full, DG reserves the right to cancel/rescind the transaction and return the buyer's initial payment(s) (less any applicable fees and/or liquidated damages, up to and including the full amount of the partial payment made) to the buyer; or, DG may file suit against the buyer for non-payment; or, in the case of the purchase of multiple lots, DG, in its sole discretion, may choose which purchased lots will apply towards the partial payment(s) made and cancel the balance of the transaction. In any event, buyer shall have no recourse against DG or its consignors in these instances. Auction lots, without exception, will be handed over only after full 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. Unless buyer has arranged for shipping of fully paid for lots by DG, all property must be removed from DG?s premises by the purchaser, at his expense, no later than fourteen (14) days following its sale, and if not so removed may accrue reasonable storage fees and/or interest at DG?s discretion. If fully paid for property is not picked up, or buyer has not arranged for shipping by DG, within sixty (60) days following the auction date, the property may be considered abandoned and forfeit and revert to the consignor or DG. Likewise, in the case of multiple purchases at auction, whether on one invoice or several, where the buyer attempts to rescind part of the transaction, by choosing to pay for one lot(s) but not another/others, the buyer's fully paid for property may be considered abandoned and forfeit and revert to the consignor or DG, if the entire amount of the buyer's purchases are not paid for within sixty (60) days following the auction date. All property purchased by the buyer at auction must be paid for in full before any of the property is released to the buyer. In the case of multiple purchases at auction, whether on one invoice or several, the buyer may not rescind part of the transaction, by choosing to pay for one lot but not another. All purchases of any kind whatsoever must be paid in full by the buyer and then all purchases will be released in full to the buyer. 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, DG reserves the right to annul the purchase contract without further notice, and to claim damages from the buyer for non-fulfillment. In certain instances, either prior to or subsequent to a purchase, DG, in its sole discretion, may extend credit to the buyer to enable the buyer to either purchase lots, or, after a purchase, to pay for the lots. ADMINISTRATIVE BURDEN FEES In the event of non-payment by the successful winning bidder, whether bidding during the auction or in after-auction/after sale or private sale, in its collection efforts to secure payment in full, DG may incur necessary costs. In its sole discretion, DG may impose the following costs on the non-paying bidder: 1. Re-sending via email the buyer's initial invoice ($15.00 each time sent). 2. Sending of collection-type emails or letters ($25.00 each time sent). 3. Telephone calls to the non-paying bidder ($50.00 each phone call). 4. Filing of a dispute about the non-payment with the on-line bidding company ($25.00). 5. Lifting of the dispute with the on-line company once payment is secured ($25.00). 6. Posting of the non-paying bidder's name to the appropriate area of the on-line bidding company's website ($25.00 each website). 7. Filing a report with any or all credit reporting agencies, whether domestic or foreign ($50.00 each Bureau). 8. Communications to and from DG?s attorneys and/or collection agency regarding non-payment: a. Emails: $50.00 minimum each email. b. Faxes: $50.00 minimum each fax c. Telephone calls: $75.00 minimum each call The above fees are due and payable on demand, and are added to the buyer's invoice. Until these fees are paid, no property will be released to the buyer. By acceptance of these T&C, buyer authorizes DG to charge immediately the buyer's credit card for the above fees as the cost(s) is (are) incurred by DG. In the event that DG sues buyer in court for non-payment of the balance due, any unpaid costs will be added to court costs, attorney's fees, etc. in the eventual judgment against the buyer. RESCISSION OF SALE DUE TO ADVERSE CLAIM If we become aware of an adverse claim by a third party relating to property purchased by the buyer, either prior to or subsequent to the payment and/or delivery of the lot(s) to the buyer, we may, in our discretion, immediately rescind the sale. In the case of fully paid for and delivered goods, the buyer will promptly return the property to us and we will refund the hammer price of 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. RESCISSION OF SALE DUE TO MISSING, DAMAGED, OR LOST LOT(S) Occasionally we may be unable to locate certain sold lots which have been purchased during an auction. In addition, unknown to us, certain lots may have been damaged during the preview period. These lots may or may not have been paid for by the buyer. If we become aware that a lot or lots is (are) missing, lost, or damaged, we may, in our discretion, immediately rescind the sale, and you agree to hold us harmless for this action. In the case of "fully paid for" missing, lost, or damaged lots, we will refund the hammer price with respect to the property to the buyer. This refund will represent the buyer's sole remedy against us and/or the consignor in case of missing or lost lots under this paragraph. SHIPPING DG ships both domestically and internationally at the request of its customers. You are more than welcome to arrange for your own shipping; however, in most instances we can ship for you, and in almost every case it will be less expensive to ship with us rather than a third party shipper. Please contact us to receive a packing and shipping estimate. Generally we ship in order of payment, so the sooner the invoice is paid, the sooner the material is shipped. Only certain lots qualify for in-house shipping. These generally consist of unframed flat art (paintings, prints, posters, photographs, etc.) and generally do not include sculpture, and other three dimensional objects, including free-standing and relief sculpture, as well as framed paintings and prints, especially of large size. Please inquire prior to the auction date as to which lots qualify. If you wish to arrange your own shipping, we would be happy to provide names of local shippers on request. Due to the high number of lots we sell, we are unable to deliver items to your shipper; they will have to pick the items up from us. We may require a written release from you prior to releasing lots to outside shippers. If we ship for you, buyer pays a minimum $15.00 packing charge per package regardless of the size or value of the item(s), plus our actual cost for the packing materials or $5.00, whichever is greater, plus the actual shipping cost, which, depending on your choice, may or may not include insurance on the lot(s). Please note that these three items are charged in every case regardless of the hammer price of the lot, so please keep this in mind when bidding on lower price estimated lots. If you purchase multiple lots in the auction and/or at after-auction/after-sale or private sale, we combine the lots for shipping purposes, charging only one packing and materials fee per package, and shipping at actual cost. However, if you purchase multiple lots and we are unable to pack all of your items in one package, we may change an additional $15.00 for packing and $5.00 for materials for each package. Sculptures are generally shipped in individual packages. If we are shipping for you and you pay by credit card, we generally charge your credit card initially for the purchase price of the lot(s) (hammer price) and then for the shipping when the final costs have been determined. If you pay by credit card, we may require that the shipment be made to the credit card billing address. In the event that DG ships internationally for the buyer, and encounters particularly burdensome, time consuming, or onerous customs forms, DG may charge a minimum $25.00 fee for completion of said forms. You are responsible for all duties, customs fees, and taxes. We ship via United States Postal Service (USPS) and Federal Express (FedEx) for domestic shipments and FedEx for international shipments. Under no circumstances do we ship via UPS, either domestically or internationally. If you wish to ship UPS, you MUST use an outside shipper. When shipping via USPS we require a signature upon delivery, unless advised in writing by you that no signature is necessary. We are unable to accept your FedEx account number to ship for you. If you wish to use your FedEx number, you must use an outside shipper. While many shipments will be shipped within several days after each auction, please note we are a traditional gallery and auctioneer, not an eBay or Amazon seller, and are offering over 500 lots in this auction, so if you wish us to ship for you please allow up to 15 to 25 working days from the date of receipt of cleared funds for your item(s) to leave our location. If you prefer to receive your auction items on a timelier basis, or to organize shipping for lots that do not qualify for in-house shipping, please contact us for a list of local shippers. Any shipping 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 and/or our referral to outside shippers, who are solely responsible for their own performance. It is incumbent upon the winning bidder to contact us regarding shipping of items. It is not the responsibility of DG to contact the winning bidder regarding shipping. Once we have shipped your material, or it is picked up by your outside shipper, we assume no responsibility for the shipment's arrival at its destination or its condition on arrival. We suggest you purchase insurance (if available) to cover any missing or damaged goods. If an insurance claim becomes necessary the bidder/receiver is responsible for the follow-up with the shipping company. We are unable to provide any assistance beyond providing you with the shipment date and tracking number if applicable. Our policy is to ship material with a signature required on delivery when possible. Your signature then becomes proof of delivery for all items purchased by you and included by us in the shipment, and buyer has no recourse against DG for supposed missing and/or damaged items, whether or not we include a packing list with the shipment, and whether or not we indicate in any communication (such as email) what material is in the package. We are happy to refer you to an outside shipper who may have different shipping policies than we do. You are not required to ship your purchased material through DG. RELEASE OF AUCTION LOTS DG endeavors to release, on a timely basis, fully paid for lots to the buyer and/or the buyer's agent. Lots paid for with what DG considers cleared funds will be released and can be picked up on the day of the auction. Release of fully paid for lots after the auction is dependent upon the quantity and variety of lots purchased by the buyer, the number of lots offered in the particular auction, demands of a particular season, and DG?s current staffing concerns, as well as other factors. DG strenuously endeavors to release property within a reasonable time period, and most lots will be available for pickup within ten business days from date of purchase. LIMITED WARRANTY All property sold by DG by any method of sale is sold ?as is, where is? under Caveat Emptor, and DG and its consignors make no guarantees, warranties, or representations, express or implied, with respect to the property or the correctness of the catalogue or other description(s) or the authenticity of ownership, physical condition, size, quality, rarity, importance, provenance, exhibition history, literature, or historical relevance of the property, or otherwise. The present auction is not an "absolute auction" where property is sold to the bidder without limitations and/or contingencies. Notwithstanding the above, we do warrant the authenticity of each lot catalogued in our auctions under the terms and conditions set forth below. Unless otherwise indicated in the respective catalogue descriptions (which are subject to amendment by oral or written notices or announcements made by DG prior to the sale): (a) With respect to maps, any print, poster, drawing, painting, gouache, watercolor, photograph, or sculpture, we warrant, subject but not limited to the Cataloguing Practices paragraph above, for a period of sixty (60) days from the date of the sale, the authenticity of each lot catalogued herein. Prints, paintings, posters, drawings, photographs, or any other property offered in a lot comprising more than three (3) items, whether or not such items are individually named, constitute "Grouped Lots." Such "Grouped Lots" are not subject to return for any reason. The benefits of these warranties are not assignable and are applicable: (a) only to the original buyer of the lot; (b) only when the property has been fully paid for; (c) only when the original buyer of the lot makes full payment within seven (7) calendar days of the date of sale; (d) only when the buyer notifies DG in writing within sixty (60) days of the date of sale by registered USPS mail at DG?s address of record of buyer's challenge of the authenticity of the item (email and verbal communications do not suffice); and (e) are conditioned on the buyer returning the work in the same condition in which it was received at 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 (hammer price only, not to include shipping, customs duties, framing, expert opinions, or any other ancillary costs), 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 or any portfolio, map, print, poster, drawing, painting, gouache, watercolor, photograph, sculpture, antique, or any other object offered for sale, in the event that a buyer claims that an item is not authentic, DG shall have no obligation to rescind the sale until the following have been complied with and completed: 1. The buyer has obtained, at the buyer's sole expense, the written opinions of two independent, recognized experts in the field, who are mutually agreeable to DG and the buyer, that a lot or portion thereof is not authentic. Verbal opinions are not accepted. The written opinion must be in the English language. If the initial written opinion is in a language other than English, an original certified translation into English of the document must accompany the opinion. Two opinions are necessary: while we respect the activities and opinions of authentication boards, foundations, trusts, spouses, and descendants of the artist's work in question, their opinion(s) may be mistaken and may be clouded or guided by other agendas. 2. DG, in its discretion, may require that the experts personally examine the object in question and not rely solely on images of the object provided to the experts via email, postal mail, CD-ROM, etc. 3. In their written opinions, the experts must give a detailed rationale as to why they believe the object to be not authentic. The opinion must be addressed personally to DG at its posted place of business, be written on the expert's letterhead, and include the expert's full name, mailing address, telephone number, fax number if any, email address, website address if any, the date the opinion was rendered, and the fact that the object was personally inspected by the expert. The opinion letter must be signed by the expert with an original, autograph signature. If the expert is not self-employed and is employed by an entity such as a foundation, corporation, etc., the expert must submit the opinion on the entities' letterhead, with a statement as to whether the opinion expressed is that of the entity, the expert, or both. 4. DG may contact the experts directly and, in its sole discretion, make contact through mail, email, and/or telephone. Refusal by the expert to communicate by the means of DG?s choosing may render the expert's opinion invalid. DG may require supporting detail, sources, references, certificates and/or letters of authenticity, sales records, written testimony, provenance, and the like, in addition to the experts' personal opinions and rationale. 5. The experts must provide to DG a detailed listing of their qualifications in their field and explain how and why they are qualified to give an expert opinion on the object. The experts must disclose to DG any existing relationships with the buyer, which may include personal relationships, business relationships, etc. The experts must state in their opinion that they have read the applicable sections of these T&C pertaining to their examination of the object(s), including but not limited to Description and Condition of Lots, Cataloguing Practices, Provenance Documentation, and Limited Warranty. 6. Original copies of the experts opinions, with original autograph signatures of the experts affixed thereto must be provided to DG. We do not hold the expert(s) harmless and reserve the right to seek recourse against the expert(s) in the case of collusion and related instances. 7. The physical object in question must be returned to DG in its original sale condition, as sold to the buyer, before the rescission is completed. 8. The process outlined above in paragraphs one through seven (1-7) must be completed and the documents submitted to DG by the buyer within sixty (60) days of buyer's notification to DG of buyer's challenge to the authenticity of the object, or the Warranty is voided. In its sole discretion, DG may require the buyer to sign a release form before disbursement of any funds to the buyer. This form may include certain confidentiality provisions. Failure of the buyer to sign this release may result in cancellation of any refund previously intended for the buyer. In every case, the object in question is presumed authentic as catalogued unless and until proven otherwise through the above described mechanism. The absence of the object from any monograph and/or catalogue raisonne of the artist's work is not prima facie proof that the object is not authentic. Notwithstanding the above, in the case of a justified claim (determined in our sole discretion), however, we will accept the responsibility, without legal obligation, to make a claim for restitution on behalf of the buyer against the consignor within a period of sixty (60) days, running from the fall of the hammer or the invoice date, whichever is earlier. If DG is successful in recovering the funds from the consignor, which were paid to the consignor for the purchased goods, then there is a successful claim, and DG will refund the hammer price plus premium to the buyer. Any ability of the buyer to acquire, before, during, or after the fact of purchase, same, like-kind, or similar objects to those purchased through DG at a price lower than the DG purchase price DOES NOT constitute a justified claim. DG may in its sole discretion allow the return of purchased property. If it chooses to do so, the returned property is subject to a re-stocking fee equal to 20% of the total amount paid for the property, or $100.00, whichever is greater. This amount will be deducted from the amount paid to the buyer, which amount will be paid in a timely manner. INTELLECTUAL PROPERTY All materials including, but not limited to, content, images, photographs, data and intellectual property in all past, present, and future on-line catalogues published by DG may be protected by digital watermark technology and are the property of DG and/or the copyright holder(s) of images. The copying or duplicating of any item in these catalogues including, but not limited to, images or data is strictly prohibited and violators will be pursued and prosecuted to the full extent of state, federal and international law including, but not limited to, the Digital Millennium Copyright Act. DG grants a limited license to access and make personal use of these catalogues. Such license does not permit the downloading or modification of these catalogues or their contents, or any portion of an individual catalogue or its content, without the express written consent of DG. This license does not permit the resale or commercial use of these catalogues or their contents; the collection and use of product listings, descriptions, or prices; derivative use of these catalogues or their contents; downloading or copying of information for the benefit of another merchant; data mining, robots, or similar data gathering and extraction tools. These catalogues or any portion of them may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of DG. Framing techniques to enclose trademarks, logos, or other proprietary information (including images, text, page layout, or form) of DG is also not permitted without express written consent. Any unauthorized use terminates the permission or license granted by DG. Notwithstanding the above, DG has the right to use, in its catalogues and in advertising and promotional materials, images (including photographic images) of items being sold or that have been sold in its auctions, including all images of items which have been purchased through. By acceptance of our T&C, you acknowledge that you have read and will at all times comply with DG?s Intellectual Property section. DIGITAL MILLENNIUM COPYRIGHT ACT Pursuant to article 201.38 of the Interim Regulation, DG?s registered agent is as follows: Legal Name and Address: Davidson Galleries, 313 Occidental Ave. S., Seattle, WA 98104, USA. Names doing business under: Davidson Galleries; Designated Agents: Samuel H. Davidson, Jr.; Address of agent: Davidson Galleries, 313 Occidental Ave. S., Seattle, WA 98104, USA; Email for notice: auction@davidsongalleries.com. This information is provided to help owners of intellectual property report potentially infringing items in DG catalogues, under the notice requirements of the Digital Millennium Copyright Act. COPYRIGHT NOTICE The entire contents of DG?s website, and all of DG?s publications in any format, including but not limited to these T&C, are copyright ©2014 Davidson Galleries, the copyright including, but not limited to, print media, electronic media, microfiche, microfilm, CD-ROM, computer data storage, text, images, trademarks, data, audio files, video files and clips, software, documentation, descriptions of auction lots, and Internet formats (collectively, the "Materials"). The Materials are proprietary to DG or its licensors. DG retains all rights, including copyright, in the Materials. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, DG. All rights reserved, including the right of reproduction in whole or in part in any form. All rights to any and all publications of DG and its website will be vigorously defended. All images contained in DG?s written or on-line catalogues or in any other publication by us in whatever form, including our website, shall remain the property of their respective owners, and the buyer of any object from DG shall have no right of ownership, use, or reproduction of any such material by virtue of any purchase of property or otherwise. You are not permitted to distribute, modify, transmit, reuse, repost, or use any text or graphic material from any publication of DG or from its website for public or commercial purposes, without the prior written permission of DG. This especially includes, but is not limited to, art price and art data reporting companies and their respective on-line Internet databases, whether for-profit or non-profit, as well as on-line Internet art information and art reference sites. No part of any of DG?s publications in any format or its website may be reproduced, transmitted or used in any form or by any means - graphic, electronic, or mechanical, including photocopying, recording, typing, or by any information and storage retrieval system or otherwise - without the prior written permission of DG. DG?s publications in any format and its website are creative works fully protected by all applicable copyright laws, as well as by misappropriation, trade secret, unfair competition, and other applicable laws. The authors and editors of DG?s publications and its website have added value to the underlying factual material therein through one or more of the following: unique and original selection, compilation, coordination, expression, arrangement, classification of the information, totality of information, and other contributions, without limitation. You should assume that everything you see or read in any catalogue or publication of DG and its website is copyrighted unless otherwise noted and may not be used without the prior written permission of the copyright holder. ERRORS AND OMISSIONS DG is not responsible for typographical errors or omissions. LIABILITY In no event shall we be liable for lost profits or any special, incident, or consequential damages arising out of or in connection with our auctions, services, the failure of any bid or pricing information to be transmitted to or received by you in a timely manner, the interruption of any data transmutation, however it comes about, including negligence. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you. FUTURE TERMS DG may change, add or remove any part of its T&C at any time. You will be notified by email of any changes to our T&C. If any future changes are unacceptable to you, you should withdraw any/all active bids and cease bidding at our auctions. Your continued use of our services following your receipt of such an email notice constitutes your acceptable of such changes to the T&C. GENERAL (a) Davidson Galleries mailing address is 530 E. McDowell Road, #107-239, Phoenix, Arizona 85004 USA; Email: auction@davidsongalleries.com. Our public office hours are Tuesday through Saturday, 10:00am to 5:30pm, Pacific Time. We are closed Sundays and Mondays. (b) If any provision of these T&C is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this. (c) Headings are for reference purposes only and do not limit the scope or extent of such section. (d) Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these T&C. (e) We may amend the T&C at any time by emailing bidders the amended terms. These T&C sets forth the entire understanding and agreement between us with respect to the subject matter hereof. GOVERNING LAW By making a bid, by writing in a letter or email, or via the Internet, the bidder confirms that he has taken notice of these T&C and accepts them. Agents who act on behalf of a third party are jointly and separately liable for the fulfillment of this contract on behalf of their principals. The rights and obligations of the parties shall be governed by the laws of the State of Washington. All bidders and the purchaser submit to the personal jurisdiction of the Washington State courts and their rules and procedures in case of any dispute. NOTICES Except as explicitly stated otherwise, legal notices shall be served on DG?s registered agent. JURISDICTION The place of fulfillment and jurisdiction is Seattle, King County, Washington, United States of America. [July 22, 2014]