Modern & Contemporary Art+Design

Cowan's Auctions Inc. Terms and Conditions of Sale By registering and bidding in an auction conducted by Cowan?s Auctions, Inc. (?Cowan?s?), Bidders (whether present in person, by telephone, by agent, by written or telephone absentee bid instruction, or through a live internet connection) agree to be bound by these terms. These are the complete and only terms and conditions on which all property is offered for sale. Cowan?s retains the right to bar any Bidder from participating in any auction and to exclude or reject any bid. 1) ACCEPTANCE OF TERMS. Bidding on any item, whether in person, by phone, by absentee bid or via a live internet auction indicates the Bidder?s agreement to be bound by these Terms and Conditions for Bidders. Any right of Bidder under this agreement shall not be assignable and shall only be enforceable by the original buyer. The rights and obligations of the parties shall be governed by the laws of the state of Ohio. All Bidders submit to the personal jurisdiction of the state and federal courts in Hamilton County in the State of Ohio. 2) REGISTRATION. All Bidders must register their name, permanent street address (no P.O. Boxes), and telephone number prior to the auction. Unless known to Cowan?s, all registrants are required to present two forms of identification, at least one of which must include a current photograph. Bidders may be required to present a valid credit card. By registering with Cowan?s or submitting an absentee bid form, registrant authorizes Cowan?s to obtain a copy of his or her consumer credit report and authorizes Cowan?s, at its sole discretion, to use the information contained therein to make business decisions regarding the registrant?s participation in the bidding process. 3) TERMS OF SALE. Announcements made the day of auction take precedence over any previous communication. The auctioneer reserves the right to withdraw any lot at any time before its final sale and to reject any bid for any reason. The highest Bidder for each lot acknowledged by the auctioneer shall be the ?buyer?. If any dispute arises as to any bidding, or between two or more Bidders, at the sole discretion of the auctioneer, the successful Bidder will be determined or the disputed lot shall be put up again at the last undisputed bid and resold. 4) BUYER?S PREMIUM. (a) Buyer?s Premium for live ?Antique and Modern Firearms? auctions; the Auctioneer will collect and retain from the Buyer, as additional commission, a premium equal to 17.5% the Sale Price of each Lot up to and including $500,000, plus 10% of the amount by which the Sale Price exceeds $500,000. (b) Buyer?s Premium for all other auctions the Auctioneer will collect and retain from the Buyer, as additional commission, a premium equal to 20% the Sale Price of each Lot up to and including $500,000, plus 15% of the amount by which the Sale Price exceeds $500,000. (c) Buyer?s Premium for online, timed and other third-party bidding platforms may vary. 5) ESTIMATES AND RESERVES. Presale estimates are intended to be guides and may or may not reflect the ultimate hammer price of a lot. Cowan?s retains the right to change estimates on any lot up to time of sale. A reserve is a confidential minimum price agreed upon by the Seller of the lot and Cowan?s. In the case of reserved lots, the Seller has authorized Cowan?s to bid on Seller?s behalf until the reserve price is reached. In no case will the reserve be higher than the low presale estimate. Unless otherwise stated, Cowan?s standard house reserve on all property at auction is one-half of the low estimate. 6) WARRANTIES AND DISCLAIMERS. Cowan?s makes a limited warranty only to the original buyer of record concerning the authenticity of each lot for a period of 14 days after Bidder?s receipt of the purchased lot. If a buyer is not satisfied that the lot purchased is genuine, the buyer may, at his or her own expense, obtain the opinion of two mutually agreed upon recognized experts in the field of the disputed lot. If these experts determine that the item is not genuine, the buyer?s sole and exclusive remedy shall be the rescission of the sale and refund of the amount paid for the item. It is specifically understood and agreed that the rescission of the sale and refund is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law or in equity, and such remedy is conditioned upon the buyer returning the property in the same condition as at the time of sale. Cowan?s shall not be liable for any incidental or consequential damages. All sales are final, with no returns or refunds except as provided in this limited warranty. Except as provided in the immediately preceding paragraph, EVERY LOT IS SOLD ?AS IS?, without any representations or warranties by Cowan?s or the Seller as to merchantability, fitness for a particular purpose, condition or value of the property, or the correctness or completeness of the catalog or other description of the property, and no statement, whether written or oral, shall be deemed such a representation, warranty or assumption of liability. Cowan?s makes no representation or warranty that the buyer of manuscript material, photographs, prints or works of art will acquire any copyright or reproduction rights. Cowan?s does not guarantee the working order of any clock, watch, electronic or mechanical device. Dimensions given in the catalog descriptions may be approximate. 7) INSPECTION. Prospective buyers are advised to personally examine any lots in which they are interested prior to the auction. All lots are available for inspection prior to the auction. Condition reports for most items can be found online at Cowan?s website, www.cowans.com, and prospective Bidders are encouraged to contact Cowan?s directly for additional information regarding the condition of any lot. Cowan?s does not warrant the condition of any item. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. Buyers interested in the condition of an item are encouraged to contact Cowan?s and, to the best of our ability, we will document for the prospective Bidder the condition status on any lot. Condition is always a subjective evaluation and final responsibility rests with the buyer to assess the condition of any item sold by Cowan?s. 8) DEFINITIONS OF AUTHORSHIP: ?By? or ?Maker/Artist? ? in our opinion, the work is by the artist or maker stated ?Attributed to? ? in our opinion, the work is probably, but not definitely, by the artist or maker stated ?Signed? or ?Marked? ? in our opinion, the signature or mark is that of the stated artist or maker ?Bearing the signature (or mark) of? ? in our opinion, the signature or mark is probably, but not definitely, that of the artist or maker stated ?Circle of? ? in our opinion, the work is of the period and by an artist or maker closely associated with the stated artist or maker ?School of? ? in our opinion, the work is by a pupil or follower of the stated artist or maker ?Manner of? ? in our opinion, the work is of the period and done in the style of the stated artist or maker ?After? ? in our opinion, the work is a copy of a work by the stated artist or maker ABSENTEE, TELEPHONE AND INTERNET BIDDING Absentee and telephone bidding is offered as a free service to our customers and prospective Bidders. Cowan?s shall not be responsible for any errors or failures in executing bids, either absentee, telephone or via the internet. Cowan?s cannot warrant or guarantee any phone or absentee bids made or altered on the day of the auction. All bids must be placed in U.S. Dollars and reflect the bid increments as defined by the Auctioneer. 9) ABSENTEE BIDDING. Absentee bids are accepted via phone, fax, email and on Cowan?s website. Such bids will be posted with the time and date of arrival, with ties being awarded to the earliest Bidder. Absentee bids that are faxed or emailed to Cowan?s need to be in the office at least 2 hours before the sale begins. An absentee Bidder unknown to Cowan?s may be required to submit a bank letter of credit prior to the auction, or, using a credit card, deposit with Cowan?s a fee equaling 30% of the absentee bid. All absentee bids are executed competitively by a member of the auction staff. The auction staff will try to purchase the lot for the lowest price possible and will bid up to the amount designated by the absentee Bidder only if necessary. Cowan?s does not accept ?buy bids,? or absentee bids which have no limit. In the event of a tie bid between a floor and an absentee Bidder, the floor bid will be honored. 10) TELEPHONE BIDDING. Bidding live via the telephone is available on a first come, first served basis. In order for Cowan?s to efficiently serve the needs of those who wish to bid by phone, please note the following: (a) To participate in the auction by telephone, potential Bidders must complete and sign the bid form and check ?I WISH TO BID BY TELEPHONE? for the designated lots. Potential Bidders may also reserve a phone line on Cowan?s website. If faxing or emailing requests for phone bidding, they need to be in Cowan?s office 2 hours before the sale begins. Once the auction begins, bids left on Cowan?s website or emailed may not be retrieved by the staff. (b) As a registered telephone bidder, Bidders are aware the bidding begin at the minimum of one half of the low estimate. (c) Telephone Bidders are advised to indicate an ?insurance bid?, which amount will become an absentee bid, pursuant to the absentee bidding process set forth above, if Cowan?s cannot reach the Bidder by telephone for a particular indicated lot. (d) Telephone Bidders must disable any caller ID or other call blocking mechanism. (e) Cowan?s sells about 100 lots per hour, so telephone Bidders should plan accordingly. Cowan?s will attempt to reach each telephone Bidder, but Cowan?s is in no way responsible for missed calls. 11) INTERNET BIDDING. Internet bidding is available through our website; additionally, Cowan?s may post certain auctions on Bidsquare (bidsquare.com) or Proxibid (proxibid.com). There may be terms which apply solely to internet bids that should be reviewed online at the time of sale. Cowan?s is not responsible for any failure to execute a bid and shall have no liability to any Bidder for any technical or other failure associated with an internet auction. 12) BIDDING INCREMENTS. The following increments are used at the auction. Absentee bids must fall within these increments. Cowan?s will automatically adjust any absentee bid to the closest increment if the bid falls outside the published range of increments. For Bids Falling Between Bidding Increment $0-500 $25 $501-1,000 $50 $1,001-3,000 $100 $3,001-5,000 $250 $5,001 and up $500 or at the discretion of the auctioneer Cowan?s reserves the right to modify increments at any time during the auction. AFTER THE AUCTION 13) BUYER?S RESPONSIBILITY. Upon the fall of the hammer, title to the offered lot shall pass to the buyer and the buyer immediately (a) assumes full risk and responsibility for the lot, including liability for loss or damage and (b) is liable for payment of the Purchase Price (as defined below) to Cowan?s. It is the buyer?s responsibility to ask specific questions on condition related concerns prior to the auction. Cowan?s will not rescind sales with buyers that have disputes regarding firearm?s bore condition. 14) PURCHASE PRICE AND PAYMENT. The ?Purchase Price? for each lot shall equal the hammer price, buyer?s premium, sales tax and, if applicable, all packing, handling, insurance and shipping costs. Buyers who are present at the auction must pay the full Purchase Price at the time of the sale. Buyers who bid by telephone, by internet, or who are absentee Bidders will be invoiced within 5 days after the close of the auction and must pay the full Purchase Price for each purchased lot within 14 days after the date of the auction. No property will be released by Cowan?s unless the Purchase Price has been paid in full and the payment has cleared. Payments must be made with cash, personal or traveler?s check or credit card or wire transfers. Bidders from outside the continental United States are required to pay via wire transfer unless previously known to Cowan?s. For Fine Jewelry, Coin and Currency, and Fine Silver auctions, Bidders previously unknown to Cowan?s may purchase up to $1,000 via credit card with the remaining balance settled via cash, personal or traveler?s check or credit card or wire transfers. PLEASE NOTE: A surcharge of 3% will be assessed to all credit card transactions. This surcharge is not greater than our cost of acceptance. Institutional billing may be available, and should be arranged prior to the auction. Cowan?s may impose late charges of 1.5% per month (or the highest interest rate allowed) on any amount owed to Cowan?s that remains unpaid after 30 days. Buyer shall be liable for any collection costs or attorney?s fees incurred by Cowan?s to collect payment, to the extent permitted by law. 15) SALES TAX. Buyers are required to pay any applicable state and local sales tax. 16) SHIPPING. At the request of the buyer, Cowan?s will authorize the shipment of purchased items usually within two weeks after payment has been received. Shipment is generally made via UPS or Fed-Ex Ground. Unless buyer gives special instructions, the shipping method shall be at the sole discretion Cowan?s Auctions. Cowan?s is in no way responsible for the acts or omissions of independent handlers, packers or shippers of purchased items or for any loss, damage or delay from the packing or shipping of any property. ADVICE TO INTERNATIONAL BUYERS. Cowan?s will not ship any package containing a firearm to any location other than within the United States. Buyers outside the United States must make their own shipping arrangements taking full risk for the transportation of any firearm. Property made of or containing certain plant or animal materials, such as coral, crocodile, ivory, whalebone, baleen, tortoiseshell, etc., may require a license or certificate before exportation from the United States and importation to another country. If a purchase contains these materials, the Buyer must check the government wildlife import requirements in the countries from which and to which the item is being shipped prior to bidding. Since the export and import licenses are independently issued by the countries of origin and destination, obtaining one does not guarantee that you can obtain the other. Purchasers are responsible for making timely payments on items won at auction, even if a license is delayed or denied. 17) SHIPPING CHARGES. Buyers are required to pay for all packing, shipping and insurance charges. Overseas duty charges are the responsibility of the successful Bidder. Be aware that for larger and/or valuable items, shipping charges can be substantial. 18) REMOVAL AND STORAGE OF PROPERTY AND CANCELLATION OF SALE. It is the responsibility of the Buyer to remove purchased property. If purchased property has not been removed, or Cowan?s has not received shipping instructions within 90 days after the auction date, Cowan?s may, at its option, cancel the sale, retaining as liquidated damages any payments made by the buyer, and/or resell the property at auction or by any other commercially reasonable means, for the account and at the risk of the buyer, and in such event, buyer shall be liable for the payment of all deficiencies plus all of Cowan?s costs, including but not limited to storage and costs of both sales. This right of cancellation is in addition to any and all other remedies available to Cowan?s. Copyright © 2018 Cowan?s Auctions

Cowan's Auctions, Inc. makes every effort to be accurate in the descriptions of the items being sold. We reserve the right to change or make corrections to any of the information provided on the digital catalog at any time and without any prior warning. Other than the Limited Warranty outlined subsequently, Cowan's Auctions does not guarantee correctness, precision, thoroughness or completeness of any information, written, oral or digital, nor for errors or omissions in description or for any faults or defects in any lot. All property is sold as is and neither the consignor nor Cowan's, our officers, employees or affiliates (protected entities) give any warranty or guarantee or assume liability of any kind in respect to any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, authorship, rarity, importance, materials, medium, provenance, exhibition history, literature, period, culture, source, origin, historical relevance or condition. In no event shall Cowan's or its protected entities be liable, however arising, for any economic losses (including, without limitation, loss of revenues, profits, contract, business, goodwill or anticipated savings) or any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or inability to use, the digital platform or the content. No statement made at the sale, in the bill of sale or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph. Cowan's makes a limited warranty only to the original buyer of record concerning the authenticity of each lot for a period of 14 days after the bidder's receipt of the purchased lot. If a buyer is not satisfied that the lot purchased is genuine, the buyer may, at his or her own expense, obtain the opinion of two mutually agreed upon recognized experts in the field of the disputed lot. If these experts determine that the item is not genuine, the buyer's sole and exclusive remedy shall be the rescission of the sale and refund of the amount paid for the item. It is specifically understood and agreed that the rescission of the sale and refund is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law or in equity, and such remedy is conditioned upon the buyer returning the property in the same condition as at the time of sale. Cowan's shall not be liable for any incidental or consequential damages. All sales are final, with no returns or refunds except as provided in this limited warranty. Cowan's Auctions, Inc. and its consignors make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold, including manuscript material, photographs, prints or works of art. Cowan's expressly reserves the right to reproduce any image of the lots sold in the catalogs. The copyright in all images, illustrations and written material produced by or for Cowan's relating to a lot, including the contents of the catalogs, is, and shall remain at all times, the property of Cowan's and shall not be used by the purchaser, nor by anyone else, without prior written consent. Cowan's does not guarantee the working order of any clock, watch, electronic or mechanical device. Dimensions given in the catalog descriptions may be approximate. If for any reason a purchased lot cannot be delivered in the same condition as at the time of sale, or should any purchased lot be stolen, mis-delivered or lost prior to delivery, Cowan's Auctions, Inc. shall not be liable for any amount in excess of that paid by the purchaser. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action arising from the terms and conditions exceed, in the aggregate, the amount, if any, paid by you to Cowan's for the purchase of auction items. Except for On-Line Only Auctions, all lots are available for inspection prior to the auction. Condition reports for most items can be found online at Cowan's website (www.cowans.com), and prospective bidders are encouraged to contact Cowan's directly for additional information regarding the condition of any lot. Cowan's does not warrant the condition of any item. Buyers interested in the condition of an item are encouraged to contact Cowan's, and, to the best of our ability, we will document for the prospective bidder the condition status of any lot. Condition is always a subjective evaluation and final responsibility rests with the buyer to assess the condition of any item sold by Cowan's. Cowan's uses The Art Loss Registry to vet items in our Fine & Decorative Art, Modern Art, and Modern Ceramics auctions, offering due diligence services to auction houses to help identify items consigned to them that have been reported stolen or subject to claim. Absentee and telephone bidding is offered as a free service to our customers and prospective bidders. Cowan's shall not be responsible for any errors or failures in executing bids, either absentee, telephone or via the internet.

We have a zoomify feature on Cowan's website that allows you to zoom in on any part of the image you want. It has been particularly helpful with paintings, since you can zoom in on the signature, or the paint, to see if a discolored area is flaking, etc. Please try zooming on a painting before requesting an additional image. Many painting condition questions can be resolved with this feature. If you need additional information or photographs of lots, we will get to them in the order received. Please check Cowan's website as we can update condition information quickly there. We make no guarantees about getting additional information and photographs to you if the questions are received less than 48 hours before the sale. A condition statement is only an opinion and should not be treated as a statement of fact. Cowan's Auctions, Inc. shall have no responsibility for any error or omission and each lot is sold AS IS. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. Cowan's Auctions, Inc. recommends that prospective bidders examine lots in person or make inquiries to the department concerning condition of any lots before the sale as all lots are sold in AS IS condition.

This item will be sold in a live auction in which we will sell Lot 1, then Lot 2, then Lot 3, etc. If you want to estimate when the lots in which you are interested will sell, generally we sell about 80-100 lots per hour, but sometimes it is faster, sometimes slower. These notes address questions asked or problems encountered by online bidders. For our full Terms Conditions, see the other box. Estimating shipping costs before the sale: We cannot estimate shipping on large items such as furniture. These must be shipped by freight or trucking companies and we cannot quote their rates for you. We will try to provide contact information for the companies, but you can also check with a local mover in your area. We can give you a all park estimate for small items shipped to U.S. addresses, although final costs are also dependent on insurance costs, which are in turn dependent on sale price. International estimates are a bit more difficult. International bidders: Smaller items can be shipped to many countries around the world, but we have had problems with some. If we ship an item and it does not arrive, we will not refund your purchase amount. If you know there have been issues receiving items in your country, please check with us before bidding. Cowan's will not insure any package shipped to any location other than within the continental United States or Canada. Some international shipping companies will provide insurance, however, most common carriers (UPS, Federal Express, USPS) will not make full restitution for damages or loss. For this reason Cowan's recommends that successful international buyers secure their own insurance. For Customs purposes, international buyers should be aware that Cowan's will NOT declare less than the full purchase price of any lot. We can mark the antiques as 100 years old (if it is). You should also be aware of any legal issues in the country to which a lot is going. This is especially true animal products. Nearly everything we sell is antique, but we may still not be able to ship into your home country. Please do not ask us to break the law Registration: Please register to bid well before the start of the sale. We have a manual approval process, so it generally takes at least a day to finalize your registration. This means there is a human involved, it is not automated. Once the sale begins, we may not be able to approve your registration. The human also has to sleep, and cannot approve your registration in the middle of the night (EST). While the sale is in progress, we may or may not see your registration pop up. It depends on how busy the sale is. If there is a lot of action on LiveAuctioneers, it may be a while before we see the registration request. Bid Priority: If you leave an absentee bid, it will be executed in the order received. The earliest bid entered is executed first and will lock any live bidders trying to bid during the sale until the maximum bid amount is reached. The bid priority does not apply to floor bidders (for live sales). What happens on occasion is that a lot will sell to a floor bidder for the amount left by an online bidder. This is usually just the luck of the draw. For example, you leave a bid of 300 for an item: the bidding opens at 225 and your online bid is recognized by the auctioneer; the floor advances to 250; your online bid is recognized at 275; the floor bids 300. The floor bidder takes the lot since LiveAuctioneers cannot advance to 325 on your behalf, and you cannot bid 300 because you would be bidding against your 275 bid. That is, just because you left a bid of 300 two weeks before the sale does not mean you get the lot because your bid was earlier. You are bidding against other people in a live auction. This does not mean we discriminate against online bidders. Often online bidders get lots for less than their maximum bid, and typically a quarter to a third of our lots sell online. Invoices: We will send invoices for the entire sale within five business days after the end of the entire auction. If you purchased an item early in the auction, you will need to wait until the entire sale is completed before we compile invoices. The same is true of a multi-day sale. Please let us know if you do not receive one after a week or so. We can fax, email or re-send the invoice. It takes a few days to calculate shipping. Often bidders are successful on multiple lots. We combine these on the invoice and do our best to combine shipping charges, also, to save buyers a bit of shipping expense. (We may have to ship items separately because of size, shape or fragility, however.) Shipping: Please allow at least 14 to 21 days after payment for us to ship your lot.