Native American Art--Michael Denman Estate

TERMS & CONDITIONS Effective: November 23, 2015 Welcome to Turner Auctions + Appraisals' ("Turner," "TAA," "our," "we," or "us") online service that provides auctions on diverse categories of personal property. These Terms and Conditions ("Terms") govern your use of our online auction platform and all related widgets, tools, applications, data, software, and other online services provided by TAA (the "Services"). These Terms, together with our Privacy Policy and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the "Agreement") between you and TAA in relation to your use of the Services. INTRODUCTION Acceptance of Terms and Conditions Please read these Terms, and our Privacy Policy, very carefully. If you do not agree to any of the provisions set out in those documents, you should not use any of the Services. By accessing or using the Services, registering an account, or by viewing, accessing, uploading, or downloading any information or content from or to the Services, you represent and warrant that you have read and understood the Terms and Privacy Policy and will abide by them. Changes to Terms and Conditions We reserve the right to change, alter, replace, or otherwise modify these Terms at any time. The date of last modification is stated at the beginning of these Terms. It is your responsibility to check this link/page from time to time for updates. When we make any updates to these Terms, we will highlight this fact on our website. In addition, if you register an account and these Terms are subsequently changed in any material respect (for example, for security, legal, or regulatory reasons), we will notify you in advance by sending a message to your TAA account and/or an email to the email address that you have provided to us, and the revised Terms will become effective immediately upon such notification. You will have no obligation to continue using the Services following any such notification, but if you do not delete your account as described in these Terms, your continued use of the Services will constitute your acceptance of the revised Terms. Eligibility In order to participate in an auction on the Services, all bidders must: 1) create an account on the Services, 2) be 18 years of age or older, and 3) possess the legal capacity to enter into binding contracts and agreements. Turner, its affiliates, officers, employees, and/or subsidiaries and Sellers may participate in auctions on the Services for themselves or on behalf of a third party. TAA ACCOUNT Creating an Account Anyone who would like to make a bid in an auction ("Bidder") must create an account by registering on our website. Each Bidder must provide his or her name, company (if applicable), mailing address, phone number, email address, and a valid credit card number prior to participating in an auction. By participating in an auction, you agree that all account information is correct and complete, and it is your sole responsibility to maintain account information that is current, complete, and accurate. Upon completion of an account, each Bidder will receive an Auction Registration Bidder Number to use when bidding in auctions on the Services. Account Usage You are solely responsible for maintaining the confidentiality and security of your TAA login and account information. If your account login information is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify TAA in writing immediately, and should change your password at the earliest possible opportunity. In all cases you are responsible for all activity emanating from your account, whether or not you authorized such activity. We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend, terminate, or delete your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms or an infringement or violation of the rights of any third party, or of any applicable laws or regulations. 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By bidding in an auction, a Bidder accepts all terms of the auction, including the amount bid, shipping specifications and costs, end time of the auction, and any other details listed on the auction page for a particular item or in these Terms. Item Descriptions, Photographs, and Estimates Each Seller provides TAA with a description of their items that will be part of an auction on the Services. While TAA strives to only provide information that it believes is accurate about items on the Services, TAA undertakes no investigation of the information provided by the Seller, and makes no representation or warranty concerning the truth or completeness of the information. TAA is not responsible for any inaccurate descriptions and will not provide any refunds or reductions in price based on any claims or evidence that a description is incorrect, except as otherwise provided by these Terms. Bidders must rely solely on their own investigation and research of any items. All measurements of items are approximate. Photographs are provided solely for Bidders' convenience and do not create representations or warranties of any kind regarding the item in the auction. A range of estimates may be given for an item with either a low and/or high estimate. Estimates are simply an opinion and should not be relied on as a prediction or guarantee of the actual selling price. By placing a bid on an item on the Services, you acknowledge that you understand these Terms and waive any and all claims against TAA and/or Seller relating to item photographs, descriptions, or estimates. Buyer's Premium Fee A 25% "Buyer's Premium" fee will be added to each item sold, based on the final bid amount for the item and prior to the assessment of any taxes. By placing a bid on an item, the Bidder agrees to pay the Buyer's Premium fee in addition to the bid amount. Bidding in an Auction Once you have created an account on the Services, you may place a bid as soon as a lot opens for bidding. TAA reserves the right to establish a reserve or minimum price on any item without having to post or publish notice to auction bidders. The Services use a "soft close," which provides an authentic auction atmosphere. Items will remain open for three minutes after the latest bid. Please note that lots close at various times and days and may be extended at any time upon the sole discretion of TAA and/or the Seller. You are solely responsible for monitoring the closing time for each lot. All bids are final and constitute a binding contract to purchase the item that TAA is offering to sell on the Services for the amount you bid. By placing a bid on an item on the Services, you agree that you have examined the item information and the conditions placed upon this information in these Terms, or have voluntarily chosen not to do so, and will purchase the item if your bid is the highest or only bid. A Bidder is solely responsible for determining the condition, age, authenticity, value, provenance, attribution, or any other determinative factor of an item in an auction. By using the Services you understand that hardware malfunctions, software malfunctions, viruses, and similar technological issues may occur at any time that are beyond the knowledge, scope, and control of Turner, and you agree that TAA is not responsible for any system malfunctions, Internet outages, or other issues that may prevent you from receiving notification emails or placing bids on the Services. TAA reserves the right to reject any bid and/or any Bidder at any time, without notice and for any reason, and at its sole discretion. In the event that your bid is rejected, you will be notified immediately and your credit card will not be charged. The Seller has the right to make the final bid and TAA has the right to bid on behalf of the Seller. Winning an Auction By submitting a bid in an auction on the Services, you understand that if your bid is the highest, you will win the auction. If you present the highest bid and TAA and/or Seller accept it, an invoice will be sent to the email address associated with your TAA account within 24 hours following the conclusion of the auction. The invoice will include payment options for the purchase price. If payment is not received within 48 hours of receipt of the invoice, you authorize TAA to charge the total amount due to the credit card on your TAA account. If the credit card associated with your TAA account is invalid or declined for any reason, you agree that you will submit a valid credit card to TAA within 24 hours of the failed transaction. If you do not submit a valid credit card to TAA within the required time, TAA reserves the right to revoke your bid, cancel your account, sell the item to another Bidder, send your unpaid invoice amount to a collections service to obtain the payment, apply Liquidated Damages as explained below, and/or take any other measures that it deems appropriate to enforce your agreement to purchase an item in an auction. TAA will not release or ship any item that a Bidder wins in an auction until it receives full payment of the winning auction price. Declined credit cards may result in a Bidder being banned from participating in future auctions on the Services. Non-paying and/or fraudulent Bidder names may be shared with other auction companies. Taxes and Fees TAA will automatically apply the Buyer's Premium Fee and sales tax to any purchase that you make on the Services. You are solely responsible for all other taxes and fees that may be assessed, including but not limited to fees assessed for wire transfer, credit card charges, shipping, handling, packing, insurance, and storage. Collection of applicable taxes will be in accordance with the laws of the jurisdiction where the purchased property is located, except for sales and use tax. To receive the benefit of any tax exemption, you must supply TAA with a sales tax exemption certificate acceptable in form, scope, and substance prior to the purchase of any items on the Services. Refunds ALL SALES ARE FINAL. No refunds will be issued for any reason once payment is received. Removal and Shipping Once the total purchase price and all applicable taxes and fees are paid to TAA for a purchased item, title will pass to the Bidder and the Bidder assumes full responsibility of all purchased property and all risk of loss and damage to the property. All property must be removed from Turner's premises within five business days after payment is made, and the Bidder is solely responsible for securing a third-party shipper or agent to remove the property from the TAA premises. TAA does not pack, shop, store, or crate items for removal, and is not responsible for any damage that may occur during shipping. Shipping and associated costs are the responsibility of the Bidder. Please refer to our website for a list of third-party shippers, which the buyer may use or not at their sole discretion. TAA will only release purchase property to an agent who furnishes (1) proof of payment in full and (2) an "Agent Release Authorization" form which allows TAA to release items to a third-party supplier for shipping, crating, or packing purposes. The Bidder will lose all right, title, and interest which he/she might otherwise have acquired for any property that is not removed by the Bidder by the fifth day after purchase ("Final Removal Date"). The property will then be reclaimed by the Seller, and may be resold or disposed of in any other manner deemed suitable. If property is not removed according to these Terms, TAA may prohibit the Bidder from participating, directly or indirectly, as a bidder in any future sales. Liquidated Damages Failure to pay an invoice in full within 72 hours of receipt of the invoice in accordance with payment terms will subject the Bidder to pay a sum equal to the lesser of: (a) 20% of the invoice price of the item(s) on which the default has occurred, or (b) the full amount of the difference between the original invoice price and the re-sold price, plus any expenses incurred to re-market or re-sell the items. Bidder shall receive an updated invoice with these new charges once they are assessed, and Bidder will be responsible for paying all open invoices immediately. TAA reserves the right to send all unpaid invoices to a collections agency for payment retrieval. If a Bidder fails to remove purchased items by the Final Removal Date in accordance with the Terms, the Bidder will be required to pay the full amount of the expenses incurred by Seller and/or TAA to store and transport items until they are re-sold. If the Bidder has not removed purchased items by the Final Removal Date, the Bidder authorizes TAA to charge these damages to the credit card provided to pay for the purchase items. Changes to Auctions At its sole discretion and without notification, TAA reserves the right to: a) withdraw or sell any property contained in an auction prior to sale; b) temporarily or permanently end an auction prior to or during the stated auction period; and c) extend a stated auction period without notification. If for any reason TAA is unable to deliver any property purchased by a Bidder, Turner's sole liability will be to return all sums paid by the Bidder to TAA regarding that property. 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MISCELLANEOUS TERMS Export Law Compliance Bidders agree to comply with all state and federal export control and related laws and acknowledge that TAA is not the exporter of any purchased item. Certain items offered for sale at an auction may be prohibited or restricted items. Under state or federal law, such items may not be shipped outside of the state or country. TAA makes no representations or warranty concerning the legality of shipping or exporting items purchased on the Services, and has conducted no investigation to ascertain which items, if any, constitute prohibited or restricted items. It is a Bidder?s sole responsibility to ensure that he/she is following all applicable laws with regards to purchasing, shipping, and receiving items on the Services. Prohibition on Collusion By using the Services, Bidders agree they will not participate in any bidding practices with the intent of manipulating or deceiving the bidding or Turner. Any and all forms of collusion between bidders are forbidden. TAA reserves the right to delete a Bidder's account immediately for any reason, including suspecting a Bidder of collusion, deception, providing false information, or any illegal activity. Third Party Websites The Services may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products, or services (collectively "External Services"). TAA does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation, or use. By linking or otherwise providing access to any External Services, TAA does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such External Services. 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You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Turner. Severability Should one or more provisions of these Terms be found to be unlawful, void, or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms, which will remain in full force and effect. Entire Agreement These Terms, together with the Privacy Policy, constitute the entire agreement between you and TAA with respect to your use of the Services and supersede any prior agreement between you and Turner. Any modifications to this Agreement must be made in writing. Third Party Rights These Terms are not intended to give rights to anyone except you and Turner. This does not affect our right to transfer our rights or obligations to a third party. 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THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. Disclosures The services hereunder are offered by Turner, a California company. More information about TAA is available by contacting info@turneronlineauctions.com. ACKNOWLEDGEMENT BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM. Last Amended: November 23, 2015

Please note: The absence of a condition statement does not indicate that a lot is in perfect condition or free from imperfections, the effects of aging, or wear and tear. Requests regarding condition (and exact sizes, where a lot is described as approximate) are available by contacting Turner Auctions + Appraisals via email at info@turnerauctionsonline.com. A condition statement is provided as a courtesy to a client; this is an opinion and should not be considered as a statement of fact. Turner Auctions + Appraisals is not responsible for any error or omission.