Fine Art and NASCAR Collectibles Sale

An auction is a recognized legal contract between buyer and seller. The bidder, by his bid, extends a legally binding offer to buy the item offered. The auction, as seller, if the buyer's bid is acceptable, enters into a contract to sell. All normal provisions of contract law apply to enforce these arrangements. Please read the descriptions of each auction lot carefully as well as the Terms and Conditions detailed below before bidding. Know what you are bidding on! BUYER'S PREMIUM: Please Note: Online buyers will be charged a 28% buyer's premium. 1. GUARANTEE OF AUTHENTICITY: This is not a "buyer beware" auction. All works are guaranteed authentic as follows: a. Author: Each work offered and sold is guaranteed to be that of the author identified in the BOLD TYPE introduction at the beginning of each lot number description. Authorship means creator of the artwork or originator of the art or concept portrayed and may refer to a period, culture or other source or origin. "Attributed" authorship means that in the best judgment of the auction house the work is by the artist named, but authorship is not known for certain. Thus attributed works are specifically exempted from the guarantee of authorship. "After" means that the work was created by another hand after another work by the author identified in the BOLD TYPE introduction and is covered by the guarantee. Ancient artifacts and related items are covered by a specific guarantee provision noted on each lot. b. Signature: Each individually written signature is guaranteed to be the authentic hand written signature of the person whose name appears in the signature, i.e. not a counterfeit or forgery, unless specifically exempted or qualified. c. Descriptions: Other descriptive material is presented for information only and while prepared with the intention to be as complete and accurate as possible is explicitly not covered by the guarantee. Notification concerning a breach of warranty must be made within 30 days of auction and returned within 14 days of notification. In case of dispute, the auction may request collaborating statement of fact concerning the breach of guarantee from a knowledgeable art professional. Works returned must be in the same condition as sold and should be shipped with appropriate insurance. All communications should refer to the registration code number which is at the end of each description in the auction catalogue. Special note regarding warranty provision: warranty may not apply in cases where items purchased from us are removed by Ebay from their listings for copyright violations as this is a automatic response, without recourse, by Ebay to anyone holding a proper copyright who alleges copyright violations. 2. REFERENCE: The term "reference" used in conjunction with lot descriptions refers to standard texts which list and describe and often illustrate the known works of an artist and usually define whether the works are original or reproductive. Unfortunately not all artists are so catalogued, and others incompletely so. In addition, such reference works do not list works which have been produced since the catalogue was written. 3. FRAMING AND CONDITION: Works sold are sold as is where is. Works before 1900 are in good condition for their age and any important damage is described. Such works should be carefully inspected before bidding. Most works can be inspected through the internet images in fairly minute detail. If you need further condition information contact us directly by e-mail, phone or fax. If the lot description does not mention condition, then the condition of the work is very fine. "Conservation Framed", when found in a lot description, means that the work is framed with accepted conservation standards including acid free mounts and removable hinges. Auction staff can advise on the framing technique for a particular work as well as any other condition reports requested, time permitting. Many works were photographed with transparent plastic corners which appear as Grey triangles in internet photos. These are not defects. You may assume what you see under the grey/transparent corners is the condition of the actual work. 4. ESTIMATES: Auction estimates refer to a fair auction price. All estimates, however, represent auction staff opinions. While many works will be sold under estimates, many also will be sold over the estimates. Bidders should keep in mind that through the internet bidding process, you will purchase at the lowest possible price subject to the interest of other bidders (see section 6 below). 5. BIDDING AND RESERVES: Bidding will be in reasonable increments as befits the price of the work offered. The auctioneer reserves the right to reject any or all bids and is the final judge in case of dispute. Works may be offered subject to a reserve, a price below which no bids will be accepted. In no case will the reserve be above the low auction estimate. Internet and other absentee bidders should adhere to the posted bid increments. (No work will be sold to a floor bidder between increments if there is an absentee bid or internet bidder on the lot.) The starting bid is not necessarily the reserve. 6. INTERNET AND OTHER ABSENTEE BIDS: Bidding may be by advance bidding at liveauctioneeers.com Bids may also be offered by those unable to attend the auction in person through the internet bidding forms for each lot and/or by fax or phone. Such bids will be executed just as if you were bidding in person. Your bid will be used as an upside limit with the auction bidding on your behalf until the other bidders quit bidding or your limit is reached, whichever comes first. In no case will you be charged more than your bid limit (plus the 25% buyer's premium). You will be notified promptly if your bid is successful. 7. PAYMENT: Prompt payment is expected after notification of a successful bid. Payment may be by check or cash(In House Only), or bank transfer. Credit cards may be honored up to a limit of $2500 per invoice. (Visa, Mastercard, Discover only are accepted). All works must be paid for before removal or delivery. Checks must clear before shipment. Bidders failing to clear their invoices promptly (within 14 days of the auction) may have a bidder dispute filed against their account. 8. SHIPPING: Shipping is the responsibility and obligation of the buyer. Creighton-Davis will be happy to assist you with your shipping arrangements and may be able to handle some smaller shipments in-house. However we cannot guarantee a specific delivery time as shipments are handled on a first in, first out basis. We do not ship on any credit arrangement with another shipping account and all shipping fees must be paid in advance before release of purchases. You are free to arrange your own shipping. Smaller objects may be shipped economically by USPS pre-paid boxes (domestic only). Lots may be combined to save shipping fees. We will typically notify you of several shipping options relevant to your winning bids in your email notice of invoice. Complete details regarding payment are found at our website. 9. Works may be withdrawn from the original listings at any time and for any reason, and if not delivered to the buyer after payment, may be exempt from the contract terms of the auction. 10. Auction reserves the right to refuse bids or registrations from any individual or other interest for any reason. Creighton-Davis Gallery 1440-A Grand Ave. San Marcos, California 202-489-4300