20th Century to Contemporary & Purvis Young

The lots listed in this catalogue will be offered by New River Auctions as owner or as agent for consignor(s) subject to the following terms and conditions. By bidding at auction you agree to be bound by these Conditions of Sale. BEFORE THE SALE Condition The condition of lots can vary widely due to factors such as age, previous damage, restoration, repair and wear and tear. Their nature means that they will rarely be in perfect condition. Lots are sold "as is", in the condition they are in at the time of the sale, without any representation or warranty or assumption of liability of any kind as to condition by New River Auctions, Inc. or by the consignor. Any reference to condition in the Sale Catalog or in a condition report will not amount to a full description of condition, and images may not show the condition of a lot. Colors and shades may look different on the screen or in reproductions to how they look on physical inspection. Condition reports may be available to help you evaluate the condition of a lot. Condition reports are provided free of charge as a convenience to our buyers and are for guidance only. They offer our opinion but they may not refer to all faults, inherent defects, restoration, alteration or adaptation because our staff are not professional restorers or conservators. For that reason, they are not an alternative to taking your own professional advice. It is your responsibility to ensure that you have requested, received and considered any condition report. New River Auctions and its consignor(s) make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. New River Auctions Inc. expressly reserves the right to reproduce any image of the lots sold in the catalog. Estimates Estimates are based on the condition, rarity, quality and provenance of the lot and on prices recently paid at auction for similar property. Estimates can change. Neither you, nor anyone else, may rely on any estimate as a prediction or guarantee of the actual selling price of a lot or its value for any other purposes. Estimates do not include any buyer's premium or any applicable taxes or charges, if applicable. AT THE SALE Refusal of Admission New River Auctions has the right, at our complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid. Registration before Bidding A prospective buyer must complete and sign a registration form and provide identification before bidding. We may require bank or other financial references. New River Auctions respectfully requests that all prospective bidders who wish to bid live in the physical gallery register prior to the day of the sale so that we may ensure seating for all who desire to bid. Bidding as Principal When making a bid, a bidder is accepting personal liability to pay the purchase price, including the buyer's premium, all applicable taxes and all other applicable charges, unless it has been explicitly agreed upon in writing, with New River Auctions, Inc. in advance of the sale date, that the bidder is acting as agent on behalf of an identified third party acceptable to New River Auctions, and that New River Auctions, Inc. will only look to the principal for payment.50 Absentee Bids We will use reasonable efforts to carry out written bids given to us at least 24 hours prior to the sale for the convenience of clients who are not present at the auction in person, by an agent or by telephone. Bids must be placed in U.S. dollars. If we receive written bids on a particular lot for identical amounts, and these are the highest bids on the lot at the auction, it will be sold to the person whose written bid was received and accepted first. Execution of written bids is a free service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute a written bid or for errors and omissions in connection with the written bid. All absentee bidders will be required to complete a credit card authorization form authorizing New River Fine Art, Inc. to charge the card, if their bid should be the winning bid, up to and including the highest authorized bid written on their Absentee Bid Request form, plus Buyer's Premium and any applicable taxes. Telephone Bids: This is an online only auction and no telephone bids will be accepted. Online Bids If you cannot attend the auction, it may be possible to bid online via the bidding platform. For information about registering to bid online, contact LiveAuctioneers.com. Bidders using online bidding service may be subject to additional Terms and Conditions. These additional Terms and Conditions can be viewed at LiveAuctioneers.com. We will use reasonable efforts to carry out online bids but do not accept liability for equipment failure, inability to access the internet or website or software malfunctions related to the execution of online bids or the broadcast of the auction on the internet. Reserves Some lots in the sale are subject to a reserve which is the confidential minimum price below which such lot will not be sold. The reserve will not exceed the low estimate of the lot. Reserves are agreed upon with consignors or, in the absence thereof, the absolute discretion of New River Auctions. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. With respect to lots that are offered without reserve, unless there are already competing bids, the auctioneer, in his or her discretion, will generally open the bidding at half of the low estimate for the lot. In the absence of a bid at that level, the auctioneer may proceed backwards at his or her discretion until a bid is recognized, and then continue up from that amount. Withdrawal of lots New River Auctions reserves the right, at our complete discretion, to withdraw any lot from the sale, whether prior to or during the auction and shall have no liability whatsoever with regard to such withdrawal. Auctioneer's Discretion The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide, to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive. Successful Bid The highest bidder acknowledged by the auctioneer will be the purchaser. In the case of a tie bid, the winning bidder will be determined by the auctioneer at his or her sole discretion. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder or to reoffer the lot in dispute. If any dispute arises after the sale, the New River Auctions sale record shall be conclusive. Title passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder subject to the Conditions of Sale set forth herein, and the bidder assumes full risk and responsibility.51 AFTER THE SALE Buyer's Premium In addition to the hammer price, the buyer agrees to pay New River Auctions a buyer's premium and the applicable sales tax added to the final total. The Buyer's Premium is 25% on all sales (Hammer Price) up to $250,000.00, 20% from $250,000.01 - $500,000.00 and 15% $500,000.01 +. The fee charged by Live Auctioneers is included in the Buyer's Premium. Sales Tax The successful bidder is responsible for any applicable taxes including any sales or use tax or equivalent tax wherever such taxes may arise on the hammer price, the buyer's premium, and/or any other charges related to the lot. For lots sold and delivered or shipped within the State of Florida, a Sales Tax equal to 6% will be charged on the hammer price and buyer's premium. For lots that ship within the United States, a sales or use tax may be due on the hammer price, buyer's premium, and/or any other charges related to the lot, regardless of the nationality or citizenship of the successful bidder according to the laws of the bidder's state of residence. For lots that ship outside the United States, successful bidder is responsible for all import duties, fees, taxes and other charges in accordance with the laws of the country to which the lot is shipped. Payment Unless other arrangements are made prior to the commencement of the sale, all winning bids will be charged to the credit card included in the Buyer's Registration form within 48 hours following the sale. The buyer must pay the entire amount due (including the hammer price, buyer's premium, all applicable taxes and other charges). Payment in U.S. dollars may be made with credit cards (Visa, Mastercard, American Express, Discover), PayPal, cash; bank check or cashier's check drawn on a U.S. bank; money order; or wire transfer unless other arrangements are made with New River Auctions. PayPal and credit card payments are subject to a 3% processing fee. We reserve the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay New River Auctions a handling charge of $50 for any check dishonored by the drawee. Collecting Purchases Once New River Auctions has received all cleared funds due to us, the buyer shall collect purchased lots within seven (7) business days from the date of the sale. Packing and Shipping If your bid is successful, we can provide you with a list of shippers. We will not be responsible for the acts or omissions of carriers or packers whether or not recommended by us. Property will not be released to the shipper without the buyer's written consent and until payment has been made in full. Packing and handling of purchased lots by us is at the entire discretion and risk of the purchaser, and New River Auctions will have no liability of any loss or damage to such items. Non Payment If we do not receive payment in full, in good cleared funds, within seven (7) business days following the sale, we are entitled in our absolute discretion to exercise one or more of the following measures, in addition to any additional actions available to us by law: a.) to impose a late charge of one and a half percent (1.5%) per thirty (30) days of the total purchase price b.) to hold the defaulting buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law c.) to cancel the sale d.) to resell the property publicly or privately with such terms as we deem appropriate, to resell the property at public auction without reserve, and with the purchaser liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession owned by such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier's checks, we have confirmed their authenticity. e.) to offset against any amount owed f.) to not allow any bids at any upcoming auction by or on behalf of the buyer g.) to take other action as we deem necessary or appropriate.52 Failure to Collect Purchases If property is not picked up within seven (7) business days following the sale, whether or not payment has been made, New River Auctions reserves the right to charge $5 per lot per day or to deliver said property to a public warehouse for storage at the purchaser's expense. New River Auctions shall have no liability for any damage to property left on its premises for more than seven (7) business days following the sale. In addition, we reserve the right to impose a late charge of one and a half percent (1.5%) per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. For property that is not picked up after thirty (30) calendar days, an additional administration fee of $75 will be charged. Property which is paid for but left on our premises for any reason in excess of thirty (30) calendar days is subject to sale by us with the balance of any funds recovered in excess of storage charges and any other fees being remitted to you. LIABILITY Condition Reports New River Auctions is not responsible for the correctness of any statement of any kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Neither the seller, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, completeness, authorship, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph. Purchased Lots 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, New River Auctions shall not be liable for any amount in excess of that paid by the purchaser. Legal Ramifications The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in Florida, the County of Broward. If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law. Discretion Any and all of the conditions may be waived or modified in the sole discretion of New River Auctions Shipping Terms Packing and shipping are additional and not included in the hammer price or buyer's premium. New River Auctions will provide a list of recommended shippers upon request. Taxes Residents of Florida will be subject to sales tax in the amount of 6% on winning bids.