Jane Silberman collection of fine Americana

The following as amended by any posted notices or oral announcements during the sale, constitutes the entire terms and conditions on which property listed in the catalogue shall be offered for sale or sold by Dallas Auction Gallery, Ltd. (“DAG”) and any consignor of such property for whom DAG has acted as agent. By bidding at an auction, whether in person or by agent, absentee bid, telephone or other means, the purchaser or bidder agrees to be bound by these Terms and Conditions of Sale. TERMS & CONDITIONS OF SALE 1. DAG exercised great care to catalogue every lot correctly and will attempt to point out any defects at the time of sale but will not be responsible or liable for the correctness of the catalogue or other description of the lot. Paintings are ascribed to given artists only upon exercise of our best judgment or that of an outside expert; no unqualified statement as to authorship is made. DAG suggests that the prospective bidder seek the advice of his own expert before bidding on any particular lot. DAG makes no representation or warranty as to whether the purchaser acquires any copyrights, including but not limited to, any reproduction rights in the property. To be certain of condition, please examine the items in person. All measurements are approximate. 2. All property is sold “AS IS, WHERE IS” and neither DAG nor the consignor makes any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of property or estimate of value. No statement (oral or written) in this catalog, at the sale, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. 3. The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubt on DAG’s part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, DAG’s sale record is conclusive. 4. The purchaser assumes full responsibility for items at the fall of the hammer. 5. As a convenience to customers, absentee bids and phone bids will be executed by DAG personnel in a competitive and confidential manner. Phone bid arrangements must be made 24 hours prior to start of the auction. DAG will not be responsible for failure to execute absentee or phone bids. 6. There will be a premium of 12% (15% for Internet bidders) added to the hammer price of each lot and it will be considered part of the total purchase price. 7. All purchases will be subject to an 8.25% Texas sales tax unless the purchaser possesses a valid tax exempt number. DAG must have a blanket exemption certificate with permit number and signature on any tax exempt sale. No Exceptions! 8. All items purchased must be paid for in full on the date of the auction or immediately upon notification of a successful left or phone bid, in cash, personal or company check with proper ID, cashiers check, travelers checks, or by MasterCard, Visa or American Express. 9. The auction house reserves the right to hold property until checks clear. Purchasers intending to purchase expensive lots should discuss payment prior to day of sale. 10. Arrangements for shipping and storage should be made prior to the auction and will be at the purchaser’s expense. All property shall be removed from our premises at the purchaser’s expense not later than 5:00 p.m. of the fifth business day following the date of the sale. Items not removed by the specified time and date will be assessed a handling fee of $25.00 per item per day until removal, payable to DAG. Please Note – Removal deadlines are strictly enforced. 11. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property. 12. Some of the lots in this sale are offered subject to a reserve. The reserve is a confidential minimum price agreed upon by a consignor and DAG below which the lot will not be sold. A representative of DAG will execute such reserves by bidding for the consignor. After a lot has been auctioned, but has failed to sell because it has not reached the reserve, DAG, at its discretion, may reveal the reserve to prospective post-sale purchasers. Consignors shall not be permitted to bid on their own items. 13. DAG reserves the right to withdraw any lot at any time before the auction without liability. 14. The auctioneer reserves the right to reject any bid not commensurate with the value of the property offered. 15. A range of estimates is given on each lot with a low and a high estimate. Estimates should not be relied on as a prediction of the actual selling price. 16. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to it by law, including without limitation the right to hold the purchaser liable for the total purchase price, DAG at its 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 or minimum selling price, and the purchaser will be liable for any deficiency and costs, including handling charges, expenses of both sales, the commission on both sales at regular rates, all other charges due hereunder and incidental damages. 17. These terms and conditions of sale, as well as the respective rights and obligations of DAG and any purchasers or bidder at any sale of DAG, shall be governed by and construed and enforced in accordance with the laws of the State of Texas. 18. The auctioneer is licensed and regulated by the Department of Licensing and Regulation. Licensure with the Department does not imply approval or endorsement by the State of Texas. If you have an unresolved complaint, it should be directed to: Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 512-463-6599.