The Photographs Sale - Session III

Notices and Information Absentee Bids If you cannot attend the auction, we will execute absentee bids (also known as commission bids) on your behalf. Absentee bids must be received in writing no later than the day before the auction. All absentee bids will be subject to the Conditions of Sale and Business, which we encourage you to read carefully. We will attempt to execute your bid, and to buy the desired lot, for the lowest possible amount, keeping in mind the reserve and other bids on the lot. We offer this free service as a courtesy, and we do not accept liability for errors or failures in the execution of absentee bids. Telephone Bids If you make arrangements with us at least one day in advance, we will make reasonable efforts to contact you to allow you to bid by phone during the auction. All phone bids are subject to the Conditions of Sale and Business, which we encourage you to read carefully. We offer this free service as a courtesy, and do not accept liability for failure to reach you, or for errors or failures in the execution of telephone bids. Internet Bids At certain of our sales, you may choose to participate in the auction online. All online bids are subject both to the Conditions of Sale and Business and to the Bidder Users Terms and Conditions available on our Website. We encourage you to read both carefully. We offer this free service as a courtesy, and do not accept liability for any errors or failures in the execution of any online bids, nor for any failures of technology on either your end or ours. Saleroom Notices and Announcements Catalogue descriptions may be amended by notices and announcements issued prior to or during the auction. These announcements may affect your legal rights. We will make reasonable efforts to make those notices and announcements available to you, but it is your responsibility to be sure that you are aware of any such notices or announcements that relate to the lots that you will be bidding on, whether you are bidding live at the auction, by absentee or phone bid or over the Internet. Payment Unless otherwise agreed in advance in writing, payment is due in United States dollars immediately after the auction and no property will be released unless and until we have received payment in full. The purchase price will consist of the sum of the hammer price plus the buyer’s premium plus any applicable taxes. You are requested to pay in cash, by wire transfer, or by a check drawn on a United States bank account, and to have established a bank reference with us before the sale. Please note that customers are responsible for all bank fees. Unless we have agreed in advance in writing, we will not accept payment for any lot from any party other than the buyer of record for the lot. Shipping As a courtesy to our clients, we are happy to provide shipping quotes from our adjunct shipper for books, manuscripts, and small prints and photographs. For any lots requiring extensive packing or special export permission, we are happy to suggest outside shipping companies. Sales tax Purchases that are picked up in New York or delivered to an address in New York State may be subject to New York State sales tax, which we will collect and remit. Property shipped outside New York State may be subject to compensating use tax, and it is the buyer’s responsibility to ascertain and pay all such taxes as may be due. Buyers claiming exemption from New York State sales tax must supply us with the appropriate supporting documentation prior to the release of any purchased property. Storage Charges Please be advised that a storage charge of $50.00 per lot per month may be levied on all purchases that you do not pay for, pick up or have shipped within 7 working days of the auction. In addition, after 10 working days, we accept no responsibility for loss of or damage to any purchased property. Valuations We undertake valuations for probate and insurance purposes, fees being arranged by prior agreement. If items are subsequently consigned for sale, the fees may be refunded. Conditions of Sale and Business 1. The Auctioneer is the agent for the seller. The Auctioneer is acting as agent for the seller, except as may be otherwise indicated. The contract for sale of any property is between the seller and the buyer. 2. Seller’s warranty of title. The seller warrants to the buyer that he is authorized to sell the property and is able to transfer good and marketable title, free and clear of any liens, claims or encumbrances of any third party. 3. All lots sold “as is.†Except as set forth in the Limited Warranty, below, all property is sold “as is.†It is the buyer’s responsibility to examine the property personally, and to ascertain for himself that he is satisfied with the lot’s condition and with any other matters described in the catalogue entry. Neither the Auctioneer nor the seller make any representation, warranty or guaranty about the property except as described in the Limited Warranty, and no statement in the catalogue, a condition report, or any other oral or written statement shall constitute such a representation, warranty, guaranty or any other form of assumption of liability. Estimates of selling prices are not to be relied on as any representation that the property will sell for that price, or as a representation of the value of the property for any other purpose. Neither the Auctioneer nor the seller shall be responsible for any errors or omissions in the catalogue, except as prescribed by the Limited Warranty. 4. Where the Auctioneer has an interest in a lot. Lots in which the Auctioneer has any interest – direct or indirect, whole or partial – other than the selling commission, are designated by the Symbol O. Such financial interests may include, among other things, ownership of the property, guarantees, or non-recourse advances secured only by the property being offered for sale. 5. Bidder registration. Prospective buyers must complete our prescribed registration process in order to participate in the auction, whether he intends to bid in person at the auction, by phone, by absentee bid, or online. Upon registration, the buyer will be required, among other things, to provide his name, permanent address, proof of identity, and, if requested, the details of the bank from which payment will be made. The Auctioneer reserves the right in its sole and complete discretion to deny entry to the auction, to refuse permission for a prospective buyer to participate in the auction, and to reject any bid. 6. Auctioneer’s discretion. The Auctioneer has sole and complete discretion to refuse any bid, to advance the bidding as he sees fit, to withdraw or divide any lot, to combine any lots, and, in the case of error or dispute during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the lot. If any dispute arises after the sale, the records of the Auctioneer shall be conclusive. 7. Absentee Bidding. As a courtesy to potential bidders who will not be present at the auction in person or by agent or by phone, we will use reasonable efforts to execute written bids received by us prior to the auction, and to purchase the property on the bidder’s behalf at the lowest possible price keeping in mind other bids and the reserve. Such absentee bids must be received by us no later than the day before the auction and must be in United States dollars. If we receive more than one identical absentee bid on the same lot, and at the auction these are the highest bids, the lot will be sold to the bid that we received first. Execution of written bids is a free service offered as a courtesy, and we do not accept any liability for any error or failure that may occur in the execution of written bids. 8. Telephone bidding. If a prospective buyer makes arrangements with us at least one day prior to the sale, we will use reasonable efforts to contact them and to allow them to participate in the auction by phone. We offer this free service as a courtesy, and do not accept liability for failure to reach the prospective buyer or for errors or failures in the execution of telephone bids. 9. Internet bidding. At certain of our sales, bidders may choose to participate in the auction online. Prospective buyers who elect to bid online are solely responsible for assuring that the equipment and software that they are using meet the Technological Requirements for the use of the service. We offer this free service as a courtesy and do not accept any liability for (i) errors or failures in the execution of bids, (ii) technological failures of any kind, whether on the Auctioneer’s or the bidder’s side. Online bids are subject to these Conditions of Sale and Business, as well as the Bidder Users Terms and Conditions available on our Website. 10. Reserves. Unless otherwise indicated as described in paragraph 11, below, all lots are sold subject to a reserve, which is the confidential minimum price below which the lot will not be sold. In no event will the reserve be higher than the low pre-sale estimate for the lot. The Auctioneer may open the bidding on any lot at any price below the reserve by placing a bid on behalf of the seller. The Auctioneer may continue to bid on behalf of the seller, either by placing consecutive bids or by placing bids in response to other bidders, up to the amount of the reserve. 11. No-reserve lots. Where lots are being sold without reserve, they will be designated in the catalogue by the symbol .With respect to such lots, unless there are already competing absentee bids, the Auctioneer, in his discretion, will generally open the bidding at approximately 50% of the low pre-sale estimate for the lot. If there are no bids at that level, the Auctioneer will reduce the bid until there are responsive bids, and will then continue up from there. Absentee bids on no-reserve lots will, absent any higher bid, be executed at approximately 50%of the low pre-sale estimate, or at the actual bid, whichever is lower. If there is no bid on a no-reserve lot, the Auctioneer may deem the lot unsold. 12. Successful buyer and transfer of risk. Subject to the Auctioneer’s discretion, the highest bidder recognized by the Auctioneer will be the buyer, and the fall of the hammer constitutes the conclusion of a contract of sale between the seller and the buyer. Risk and responsibility for the lot passes to the buyer 7 calendar days from the date of the auction, or on collection or receipt by the buyer or his agents for shipping, whichever is earlier. In no event will the Auctioneer be responsible for any damage to picture frames or glass contained therein. Any lot not paid for in full in cleared funds and picked up or shipped within 7 days after the auction are held by us at the buyer’s sole risk. 13. Payment. The successful buyer will pay as the purchase price the sum of the hammer price, plus a buyer’s premium of 22% of the first $500,000 of the hammer price and 12% of the remaining amount of the hammer price, plus any applicable sales, use or other comparable tax. Payment in full must be made in good cleared funds immediately after the auction, unless we have agreed in writing to a different payment schedule. Any lot not paid for in full in cleared funds and picked up or shipped within 7 days of the auction will be subject to a storage charge of $50 per month. In the event of late payment, the Auctioneer also reserves the right to charge the buyer interest on any amount due, which interest shall accrue at the rate of 1.5% per month, or the highest rate allowed by applicable law, whichever is lower. Title to the property will not pass to the buyer until all amounts due to us have been paid in full in good cleared funds, even if we have agreed to release the property prior to receipt of payment. 14. Bidder is responsible. Unless the Auctioneer has agreed in writing in advance that a bidder is acting as an agent for a disclosed principal acceptable to the Auctioneer, by bidding at the auction the bidder accepts personal liability to pay the full purchase price, as described in paragraph 13, above. The Auctioneer will only look to the buyer of record for payment of the purchase price, and will only accept payment from the buyer of record. 15. Compliance Matters. The buyer agrees to comply with any requests or inquiries that the Auctioneer may make to assure compliance with applicable laws and regulations, including but not limited to compliance with money laundering laws. Failure to comply may result in cancellation of the sale, at the sole discretion of the Auctioneer. 16. Payment required for release of purchases. The Auctioneer reserves the right to retain sold items until payment in full in cleared funds has been received of any amount owing to the Auctioneer or to any of its affiliated or parent entities worldwide. 17. Liability of Auctioneer for inability to deliver purchased property. In the event that we are prevented by fire, theft or any other reason from delivering purchased property to the buyer, our liability to the buyer, if any, shall be limited to the purchase price paid by the buyer. Under no circumstances shall we be liable for any compensatory, incidental or consequential damages. 18. No liability for third parties. We do not accept any liability for the acts or omissions of third parties with respect to the packing, handling, shipping or storage of property, whether or not we have suggested them to the buyer. 19. Customs issues. It is the sole responsibility of the buyer to ascertain whether any item of property is subject to any export or similar restrictions, and to obtain any necessary licenses or permits. The inability or failure to obtain any necessary licenses or permits to be able to export property shall not affect the buyer’s obligation to pay for the property. Nor shall it constitute a basis to rescind the sale of the property or to recover any expenses, fees or damages from the Auctioneer. 20. Failure to pay. If the buyer should fail to pay for property that he purchases, the Auctioneer and the seller will have all of the rights allowed under law, including but not limited to the following: a. To charge interest as set forth above. b. To cancel the sale. c. To re-sell the property as we see fit and to recover from the buyer any shortfall between the total amount originally due to us, and the price on re-sale, plus any costs and expenses of any kind arising from the default or the resale. d. To hold the buyer responsible for the total amount due and to commence legal action against the buyer to recover the full amount. e. To set off the outstanding amount owed by the buyer against any debt that we, or any of our affiliated or parent entities worldwide may have to the buyer. f. To apply any amount received from the buyer to discharge any amount owed to us by the buyer, regardless of how the buyer would prefer to allocate the payment. g. To deny the buyer the right to participate in any auction held by us or by any of our affiliated or parent entities worldwide, or to require the buyer to provide a deposit before being permitted to bid. h. To exercise all of the rights of a person holding security over any property in our possession owned by the buyer, whether by way of pledge, security interest or in any other way, to the fullest extent permitted by the law of the place where such property is located. The buyer will be deemed to have granted us such a security interest and we may retain such property as collateral security for the buyer’s obligations to us. i. To pay the seller the total amount originally due to him, or any portion thereof, in which event, we will have the rights of the seller to pursue the buyer for that amount. 21. Copyright. As a general matter, the buyer will not acquire the copyright or reproduction rights in any purchased property, and neither the Auctioneer nor the seller make any representation or warranty that the buyer will acquire any such rights. The copyright to the text of the auction catalogue, as well as the digital images and the illustrations in the catalogue belong to the Auctioneer. You will not reproduce or permit anyone else to reproduce such text, images or illustrations without our prior written approval. 22. Severability. If any of the parts of these Conditions of Sale and Business shall be found by any court to be unlawful or unenforceable, such finding shall not affect the validity of the remaining provisions, which will remain binding and valid to the fullest extent permitted by law. 23. Governing law and courts. These Conditions of Sale and Business and the respective rights of the buyer, the seller and the Auctioneer hereunder, or relating in any way to the conduct of the auction, will be governed and construed in accordance with the laws of the State of New York. By bidding at the auction, whether in person, by phone, on-line or by absentee bid, each bidder shall be deemed to have submitted for the benefit of the Auctioneer, to the exclusive jurisdiction of the courts of the State of New York, and the United States federal courts located in New York. LIMITEDWARRANTY FOR BOOKS AND MANUSCRIPTS 1. The Auctioneer warrants to the original buyer of record (the “Buyerâ€Â) for a period of twenty-one (21) days from the date of the auction that each book or manuscript is complete in text and illustration, unless otherwise described in the catalogue. This warranty does not cover the lack of inserted advertisements, blank leaves, cancels or subsequently published volumes, plate supplements or appendices. Nor does it cover damages to binding, stains or foxing, wormholes, short leaves or any defect not affecting the completeness of the text. 2. Subject to the provisions of the remaining paragraphs hereof, and unless otherwise stated in the catalogue, the Auctioneer warrants for a period of five (5) years from the date of the sale the authenticity of the Authorship of each lot and of the signature of all autographed lots. “Authorship†shall mean the creator of the lot, or the period, culture, or origin identified in the text of the catalogue All catalogue descriptions are subject to amendment by oral or written notice or announcement by the Auctioneer prior to or at the sale, and any such notices or announcements will be deemed to have altered the warranty accordingly. 3. The Auctioneer does not warrant the authenticity of any book, map, signature, atlas or other work that upon physical inspection would reveal a self-evident lack of authenticity. 4. Serial publications, atlases, books in original parts, extra-illustrated books, made up “albums†and lots described as “sold as is,†“sold not subject to return,†“not collated,†“collection of†or “group of,†and any lot containing more than one (1) items, are sold without warranty of any kind. 5. The warranty is not transferable. It is only available to the Buyer, and is conditioned on: (i) the Buyer still being the owner of the property, (ii) the Buyer notifying the Auctioneer in writing within three months of the Buyer’s having become aware of information that would call into question the accuracy of the warranted information; and (iii) the return of the property to the Auctioneer by the Buyer in the same condition as at the time of the sale to the Buyer. 6. The Buyer’s sole and exclusive remedy under the warranty will be the rescission of the sale and the refund to the Buyer of the original purchase price paid by the Buyer for the property, without interest. The Auctioneer shall have the right to require that the Buyer obtain and provide to the Auctioneer the written opinions of two experts in the field acceptable to both the Buyer and the Auctioneer, before the Auctioneer decides whether to cancel a sale pursuant to the warranty. 7. This limited warranty does not apply where (1) the Authorship identified in the catalogue is consistent with general scholarship at the time of the auction, or where the catalogue discloses that there is division amongst scholars; (2) the determination of the inaccuracy of Authorship identified in the catalogue requires the use of a scientific process that was not generally accepted at the time of the auction, or, in the Auctioneer’s sole discretion, would have been unnecessarily expensive or may have caused damage to the lot. LIMITEDWARRANTY FOR PROPERTY OTHER THAN BOOKS AND MANUSCRIPTS 1. The Auctioneer warrants for a period of 5 (five) years from the date of the auction that the creator of each lot, the period, culture or origin identified (collectively the “Authorshipâ€Â) is as set forth in the BOLD TYPE heading at the beginning of the catalogue description of such lot, as amended by any oral or written saleroom notices or announcements, and any such notices or announcements will be deemed to have altered the warranty accordingly. The Auctioneer makes no warranties whatsoever, whether express or implied, with respect to any material in the catalogue entry that is not in BOLD TYPE. If there is a Glossary of Terms in the catalogue, prospective bidders should refer to it for an explanation of terms used in BOLD TYPE. 2. The warranty is not assignable. It is only available to the original buyer of record (the “Buyerâ€Â), and is conditioned on: (i) the Buyer still being the owner of the property, (ii) the Buyer notifying the Auctioneer in writing within three months of the Buyer’s having become aware of information that would call into question the accuracy of the warranted information; and (iii) the return of the property to the Auctioneer by the Buyer in the same condition as at the time of the sale to the Buyer. 3. The Buyer’s sole and exclusive remedy under the warranty will be the rescission of the sale and the refund to the Buyer of the original purchase price paid by the Buyer for the property, without interest. The Auctioneer shall have the right to require that the Buyer obtain and provide to the Auctioneer the written opinions of two experts in the field acceptable to both the Buyer and the Auctioneer, before the Auctioneer decides whether to cancel a sale pursuant to the warranty. 4. This limited warranty does not apply where (1) the Authorship identified in the catalogue is consistent with general scholarship at the time of the auction, or where the catalogue discloses that there is division amongst scholars; (2) the determination of the inaccuracy of the Authorship identified in the catalogue requires the use of a scientific process that was not generally accepted at the time of the auction, or, in the Auctioneer’s sole discretion, would have been unnecessarily expensive or may have caused damage to the lot.

New York State sales tax charged to applicable buyers.