American & European Fine Art and Antiques

ALL INTERNET BIDDERS ARE REQUIRED TO READ AND AGREE TO THE FOLLOWING CONDITIONS OF SALE. • You must be registered at least 24 hours in advance of the start of the sale in order to participate (by 10:00 am CST, Friday, December 3rd, 2004). • The Buyer’s Premium is 22.5% for all internet purchases. • Buyer is responsible for making all arrangements for the packing and shipping of purchases within 30 days of the auction. • The absence of condition remarks in the catalog entry DOES NOT mean the item is in perfect condition. Prospective buyers are in ALL CASES responsible for determining the physical condition of lots. 1. Most items auctioned are of considerable age and may exhibit wear, usage, repairs and damage. Therefore, all lots are sold "AS IS" except for the limited warranty contained herein, and neither we nor the consignor makes any warranties or representations, express or implied, as to the title, merchantability, fitness, or condition with respect to such lots. All statements contained in the catalog or in any bill of sale, invoice, or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition and literature of historical relevance, or physical condition ARE QUALIFIED STATEMENTS OF OPINION AND NOT REPRESENTATIONS OR WARRANTIES. We and the Consignor are not responsible for errors or omissions in the catalogue or any supplement material. The purchaser expressly acknowledges and agrees that in no event should Jackson's International Auctioneers and Appraisers be liable for any damages including, without limitation, any compensatory, incidental, or consequential damages. Jackson’s reserves the right to modify a catalog description, if upon further research and inspection new information has become available. Jackson’s agrees to notify all absentee bidders for that lot of the change prior to the auction, and will make an announcement regarding the change during the auction. There are no returns or refunds. 2. We reserve the right to withdraw any property before the sale and shall have no liability whatsoever for withdrawal of property. 3. The auctioneer reserves the right to reject any bid. The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder. 4. On the fall of the auctioneer's hammer, title to the offered lot will pass to the highest bidder acknowledged by the auctioneer, and such bidder thereupon assumes full risk and responsibility, and will pay the full purchase price plus buyers premium and any applicable fees such as sales tax and shipping IMMEDIATELY upon receipt of invoice. 5. A standard 20% Buyer's Premium (15% discounted Buyer’s Premium for cash or cash equivalent payment) is added to the hammer price of each item sold in-house. A 22.5% Buyer’s Premium is added to the hammer price of each item sold on the internet live auctions. 6. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the consignor by law, including without limitation the right to hold the purchaser liable for the total purchase price, we at our option may either (a) cancel the sale, retaining as liquidated damages all payments (including deposits) made by the purchaser or (b) resell the property on three (3) days notice either privately or at public auction without reserve & in either event the purchaser will be liable for any deficiency in the purchase price & all costs & expenses, including: storage fees, handling charges, the expenses of both sales & our commissions on both sales at our regular rates, all other charges due hereunder, including attorney fees & incidental damages. In addition, a defaulting purchaser shall be deemed to have granted us a security interest in, & we may retain as collateral security for such purchaser's obligations to use, any property, in our possession owned by such purchaser. Payment will not be considered to have been made full until your check has cleared the bank. 7. Jackson's undertakes the execution of absentee bids as a convenience for clients and is not responsible for failure to execute bids, or for any error in the execution of bids. 8. The bidder’s sole and exclusive remedy is the rescission of the sale and the refund of the original purchase price plus any of buyer’s premium made, and is in lieu of any other remedy that may otherwise be available as a matter of law or in equity. Jackson’s and the Consignor shall not by liable for any incidental or consequential damages incurred. 9. As stated in Paragraph 1 above, neither Jackson’s nor the Consignor makes any express or implied representations or warranties whatsoever concerning any property in the catalogue, including without limitation, any warranty of merchantability or fitness for a particular purpose, except as specifically provided herein, except that Jackson’s warrants the authorship (as hereinafter defined) of a lot, for a period of ninety (90) days from date of sale of such lot and only to the original purchaser of record at the auction. If it is determined to Jackson’s satisfaction that the authorship is incorrect, sale will be rescinded provided that the lot is returned to Jackson’s in the same condition in which it was at the time of sale. Jackson’s shall have the right to have the purchaser obtain, at the purchaser’s expense, the opinion of two recognized experts in the field, mutually acceptable to Jackson’s and the purchaser, before Jackson’s determines whether to rescind a sale under this warrant. If requested, Jackson’s will provide the purchaser with the names of acceptable experts. 10. “Authorship” is defined as the creator, period, culture, source of origin, as the case may be, as set forth in the description of the lot in this catalogue, as amended by an oral or written salesroom notices or announcements. 11. These Conditions of Sale and the purchaser's and our respective rights and obligations hereunder are governed by the laws of the State of Iowa. By bidding at an auction, each purchaser and bidder agrees to be bound by these Conditions of Sale. Any dispute, controversy, or claim arising out of or relating to this agreement, or the breach, termination, or validity thereof, brought by or against Jackson's International Auctioneers and Appraisers (but not including claims brought against the consignor by the purchaser of lots consigned hereunder) shall be resolved by legal action brought in Blackhawk County, Iowa as the sole place for jurisdiction and litigation of any issues between the parties. -EXHIBITION- To accommodate prospective buyers, all items offered for sale are available for viewing the Saturday and Sunday prior to the auction from 10am-5pm and Monday through Friday prior to the auction from 9am-8pm. We encourage all prospective buyers to personally inspect or have their agent inspect property before bidding to determine its condition and whether or not it has been restored, repaired or altered. -CONDITION OF LOTS- The items sold are often of considerable age and will exhibit wear, usage and damage often not listed in the catalog entry. The absence of condition remarks in the catalog entry DOES NOT mean the item is in perfect condition. Prospective buyers are in ALL CASES responsible for determining the physical condition of lots. Prospective buyers are in ALL CASES responsible for determining the physical condition of lots. No employee or agent of Jackson's International Auctioneers and Appraisers is authorized to make on our behalf or on that of the consignor any representation or warranty, oral or written, with respect to any property. Therefore, if a prospective bidder has not examined the property to their satisfaction before the sale, or his/her agent has not inspected the property, Jackson's recommends that they not bid on the property. All dimensions are approximate. The condition of frames is not guaranteed. -A NOTE TO BUYERS OF ECCLESIASTICAL- Jackson's maintains the right to reject any bid from persons bidding on certain ecclesiastical items such as chalices, monstrances, and reliquaries if Jackson's, in their own discretion, feels that the buyer of such items would use them for any other reason than what they were originally produced for. -BIDDING- All lots will be sold in numerical order according to the printed catalogue and approximately 100-120 lots will be offered per hour. If you are unable to attend the auction in person, but wish to participate, Jackson's offers two convenient ways for you to do so: absentee bidding and telephone bidding. Absentee bids & telephone bids will be executed only with a signed bid form. -BID INCREMENTS- Bidding may open above or below the low estimate and advances in the following order, although the auctioneer may vary the bidding increments during the course of the auction. When leaving absentee bids, please make sure your bids fall within the proper increments. $0-$100-- $10 $100-$500-- $25 $500-$1000-- $50 $1000-$2000-- $100 $2000-$5000-- $200 $5000-$10,000-- $500 $10,000+ $1000 or auctioneers discretion -SUCCESSFUL BIDS- Successful bidders will be notified and invoiced the week following the sale. All bidders will receive a list of sale results if they purchased the sale catalogue or enclose a stamped self-addressed envelope with their absentee bid form. -SHIPPING- Buyer is responsible for all costs relating to packing and shipping of purchases. As a convenience, Jackson’s offers packing and shipping services domestically and internationally. All successful absentee bidders may request a shipping quote from Jackson’s to be sent with their invoice. This shipping quote includes the cost of standard shipping as well as charges for materials and labor. Purchases paid by personal check will not be shipped until funds have cleared our bank. -PAYMENT- *IMMEDIATE PAYMENT IS REQUIRED* A standard 20% Buyer's Premium (15% discounted Buyer’s Premium for cash or cash equivalent payments) is added to the hammer price of each item sold in-house. A 22.5% Buyer’s Premium is added to the hammer price of each item sold on the internet live auctions. For bidders whose credit has not yet been established with our firm, you may apply for a check acceptance account by filling out a credit information sheet available from our Accounting Department. This should be done prior to the sale. All property must be paid for and picked up within 3 business days after auction unless otherwise arranged with an authorized staff member. Invoices must be paid in full immediately upon receipt. In the event of nonpayment, your agreement to these Conditions of Sale is authorization to charge your credit card for purchases and all additional charges. Failure to make satisfactory payment arrangements within 7 days of invoicing will result in a NPB being placed on your eBay account.

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