Rago Discovery Auction - 20th C. Modern

TERMS OF SALE THIS IS AN "AS-IS, WHERE-IS" ABSOLUTE AUCTION. NO RETURNS. David Rago Auctions, Inc. 609-397-9374 (p) / 609-397-9377 (f) (Hereafter referred to as "the Auction House") All bidders are responsible for reading and understanding these Terms of Sale, as well as any supplemental notices. If you have any questions after having read the Terms of Sale, please contact the C.E.O., Miriam Tucker, at mtucker@ragoarts.com or 609.397.9374, extension 241. 1. General ALL PROPERTY IS SOLD "AS IS". THE CONSIGNOR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO ANY PROPERTY OFFERED FOR SALE. THE AUCTIONEER MAKES NO WARRANTY OF TITLE, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY. In no event shall either be responsible for the correctness of descriptions, nor deemed to have made any representation or warranty of description, genuineness, attribution, provenance or condition of the property and no statement by anyone or in the catalogue, in any advertisement, or which is made at the sale, in the bill of sale or invoice, or elsewhere, shall be deemed such a warranty or representation or an assumption of liability. All bidders acknowledge their right to have made full inspection of any and all properties prior to sale and agree to be charged with all matters such inspection may have disclosed or indicated. The Auction House retains all rights to copyright and other intellectual property contained in this catalogue. 2. Buyer's Premium, Purchase Price, Taxes, and Billing On every individual lot, a buyer's premium in the amount of 22% of the successful high bid will be levied up to and including $500,000 and a buyer's premium of 12% thereafter on any amount in excess of $500,000. A 2% cash discount will be applied for property purchased by cash, check, wire transfer or money order if payment is received within 15 days of sale. This effectively lowers the buyer's premium to 20%. A 1% cash discount will be applied for property purchased by cash, check, wire transfer or money order if payment is received within 16-30 days of sale. This effectively lowers the buyer's premium to 21%. On Live Auctioneers, a buyer's premium in the amount of 23% of the successful high bid will be levied up to and including $500,000 and a buyer's premium of 18% thereafter on any amount in excess of $500,000, regardless of payment method. Taxes: If you are shipping to a New Jersey address or if you pick up the lots you have won at our New Jersey location, you must pay the State's 7% sales tax. The only exception is for those who hold a valid resale license and file the completed New Jersey State Sales Tax Form (New Jersey Seller's Certificate Form ST3 or Non New Jersey Seller's Certificate Form ST-3NR) with Rago's at time of payment. No New Jersey sales tax is charged for purchases shipped out of state. Billing: All successful bidders will be sent invoices by mail or e-mail the week after the auction. 3. Methods of Payment and Fees Cash. Check. Wire Transfers. Visa. MasterCard. Discover. PayPal. All payments are due immediately upon receipt of invoice. We reserve the right to hold all goods paid for by check until payment has cleared. 4. Qualifying to Bid As a security measure for our consignors and our company, all Buyers must establish credit. You will be asked to furnish identification and a valid credit card number, credit references and/or (for absentee, phone and online bidders) an initial deposit in the form of a pre-authorization hold equal to 10% of the low estimate of the total number of lots on which you are bidding. If you are acting as another's agent or principal, we may request a letter of authorization. If you are successful and do not remit payment as specified, the amount owed will be charged to your credit card together with such charges set forth in these terms of sale. If you have any questions, contact Eliane Talec, ext. 118. Bidding Numbers: All bidders must register and receive a bidding number from the Auction House prior to bidding at the auction. 5. Absentee Bids We accept absentee bids by phone, by mail, in person, or by fax. Absentee bids are requested by no later than 6:00 p.m. on the business day before the auction. If you fax your absentee bids, please call us to confirm receipt. All absentee bidding is handled as though you are in attendance. We buy all designated lots for you one bidding increment above where competition stops. Please check and comply with these increments. In case of failure to comply, we will reduce each off-increment bid to the next lower figure. "Plus" bids: Because of our structured bidding increments, it is more likely that several people will leave identical bids. Since an earlier bid left with the auction house wins in the event of a tie, a later bid with an added "plus" bid to the next increment would win the piece. All absentee bidder names and bids are held in strictest confidence, disclosed only in the event of a question after the sale. Absentee bidding is a convenience offered to our customers and, while we will make every effort to execute your instructions, the Auction House is not liable or responsible for any errors or failure to do so. If you place absentee bids with the Auction House, then choose to attend in person, bid by phone or any other means, it is solely your responsibility to cancel any or all absentee bids prior to the start of the auction. 6. Telephone Bids Lines are available on a first-come, first-served basis - please reserve as soon as you are able. We want to hear from you no later than 12 noon on the business day before the auction. Please call to set up all phone line requests. Do not fax phone line requests. If you are unsure of where you or your agent will be during the sale, we recommend you leave absentee bids. All requests for overseas telephone lines must be accompanied by absentee bids, which will be executed on the buyer's behalf, should there be any problems with telephone connections. Bids are placed on the telephone at the discretion of the Auction House and at the caller's risk. Telephone bidding is a convenience offered to our customers and, while we will make every effort to execute your instructions, the Auction House is not liable or responsible for any errors or failure to do so. If you place absentee bids with the Auction House, bid in person, by phone or any other means, it is solely your responsibility to cancel any or all absentee bids prior to the start of the auction. If you do not or cannot, regardless of reason, you will be held responsible for the property's purchase. 7. Internet Bids The Auction House has engaged the services of Live Auctioneers for its clients who wish to bid and buy online. Please proceed to liveauctioneers.com for all necessary information on how to bid and buy online using this system. The user of Live Auctioneers indemnifies and holds the Auction House and its consignors harmless against any claim arising out of or resulting from your use of the Live Auctioneers site, including all losses, damages, liabilities, and all fees (including attorney's fees), costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall the Auction House and its consignors be liable for lost profits or any special, incidental, or consequential damages that result from the use of, or the inability to use, this site. If you place absentee bids with the Auction House and/or Live Auctioneers and also bid in person, by phone or any other means, it is solely your responsibility to cancel any or all absentee bids prior to the start of the auction. If you do not or cannot, regardless of reason, you will be held responsible for the property's purchase. 8. Auctioneer's Determination Final A lot will be sold to the highest bidder as determined in the sole and exclusive judgment of the auctioneer. The auctioneer will also have the sole and exclusive power and authority to a) resolve any disputes between bidders, b) determine whether to pass or re-offer a lot for sale, c) reject or challenge any bid or advance in the bidding, d) exclude any bidder from the premises and e) otherwise regulate the bidders, the bidding and its increments. 9. Withdrawal of Property from Sale The Auction House reserves the right to withdraw property from the sale for any reason and with no liability whatsoever for such withdrawal. 10. Rescission by the Auction House In the event the Auction House receives notice of an adverse claim with respect to purchased Property, the Auction House shall have the right (but not the obligation), in its sole and absolute discretion, to rescind the sale to the buyer, upon written notice to the buyer. Upon such notice, the buyer will promptly return the purchased property to the Auction House's premises in the same condition as when purchased. The Auction House will then promptly refund the purchase price, including the buyer's premium and applicable taxes paid. Buyer will have no further recourse against the Auction House or the consignor, and the Auction House and the consignor shall not be liable for any damages of any nature suffered by the buyer. 11. Payment, Collection, and Shipping Responsibilities of Buyer - Buyer Obligations: On the fall of the auctioneer's hammer, title to the property immediately transfers to the successful bidder who, in turn, becomes the buyer of the Property. The buyer assumes full risk and responsibility for the purchased Property, including all costs and expenses of handling, shipping, insurance, taxes, export, and otherwise, and is liable for the full purchase price, plus the buyer's premium, applicable taxes, and any other associated expenses. - Collection of Property and Storage Charges: The buyer will pay for the purchased Property immediately and remove it from the premises of the Auction House except by prior arrangement with the Auction House. The Auction House may, at its discretion, remove the purchased Property to public storage at the buyer's risk and expense. Those with permission to pick up their property from the Auction House following the sale must call 24 hours in advance to arrange pick-up. Normal pick-up hours are Monday-Friday, 9:00 a.m. - 5:00 p.m., excepting the hour between 12:00 and 1:00 p.m. Property purchased and left at the auction house for two weeks will be sold or donated for you. - Packing and Shipping: The buyer is responsible for the shipment of all purchased Property. As a convenience to the buyer, the Auction House will, if requested, give your property to Masterpiece Shipping in Buckingham, PA. This company will pack and ship or arrange shipment for you via UPS, FedEx or other carrier, fully insured, for a fee payable in advance by credit card. Shipments are made within a few days after payment has been received. (If you have any shipping preference for any reason, please make sure your shipper carries insurance. We are not responsible for any damage or loss that occurs while your objects are in another's care. We will also not be responsible for any damage or loss that occurs if you choose a shipping method that we have advised against and we will require a waiver from you acknowledging this.) All international customs, duties, and other tariffs are the responsibility of the Buyer. The Auction House and Masterpiece Shipping will declare the selling price as the value in all cases. Shipping larger items: Larger items are objects such as furniture, andirons, floor vases, or any other item whose safe packing will exceed the limits of common carriers. The Auction House can arrange delivery by freight almost anywhere in the United States, fully insured, for a fee. The delivery of large, heavy, or expensive objects is not an inexpensive proposition and we urge you to consider this before bidding. We will work with any shipper of your choosing. 12. Buyer Default - Remedies: If any of the Terms of Sale are not fully complied with by the buyer, the buyer will be in default without need of notice by the Auction House. The buyer shall be liable to the Auction House and the consignor for the total purchase price, including all premiums, charges, and expenses specified in the Terms of Sale. Interest shall accrue at the rate of 18% per annum commencing with the date of the auction. In addition to other remedies available to the Auction House by law, the Auction House may, at its option, a) cancel the sale of the lot(s) on which the buyer defaulted and of any other lots sold to the defaulting buyer at the same or any other auction(s) and retain as liquidated damages all payments made by the buyer, b) resell the purchased Property, whether at public auction or private sale, or c) pursue any combination of a) and b) above. In event of default, the buyer will be responsible to the Auction House and the consignor for any deficiency, any and all costs and expenses, including reasonable attorneys' fees, collection fees and expenses, late charges, and other damages. The Auction House may, at its discretion, apply any proceeds of sale otherwise due to the buyer or monies of the buyer in the Auction House's possession to reduce or satisfy the buyer's obligations. - Security Interest: As security for full payment to the Auction House and the consignor of all amounts due, the buyer grants the Auction House the right to retain a security interest in the Property purchased at auction and in any other property or money of buyer in the Auction House's possession or coming the Auction House's possession (collectively, "collateral.") The Auction House shall have the rights of a secured creditor as provided by the Uniform Commercial Code and other applicable law. Such security interest in the Property or other collateral will cease when the Property is physically delivered to the buyer or the buyer's agent. 13. Governing Law and Forum for Disputes The laws of New Jersey shall govern the auctions of the Auction House. Any disputes that may arise in connection with the auction and/or any auction purchase, and all of the terms and conditions set forth herein above, shall be governed by and construed in accordance with New Jersey law. Any one who participates in the auction and/or makes auction purchases agrees to submit to the jurisdiction of the courts of the State of New Jersey with respect to any dispute arising in connection with the auction and/or any auction purchases. In the event that the Auction House needs to bring an action to enforce the terms and conditions herein and/or to collect any sum due and owing to it the Auction House shall be entitled in addition to collect its reasonable attorney's fees, collection agency fees, and cost of suit. 14. Limitations of Liability The Auction House acts only as the agent for the consignor and in no event will be liable for any breach or default by the consignor. 15. Severability and Waiver If any provision of portion of these Terms of Sale shall be deemed unlawful, void, or unenforceable under applicable law, that provision or portion shall be stricken and severed from the remaining provisions, which shall remain in full force and effect. Failure to enforce any of the provisions in these Terms of Sale shall not be deemed a waiver of the right to enforce any other provisions of these Terms of Sale. 16. No Assignment Unless the Auction House consents in writing, buyers may not assign their rights or any of their obligations related to an auction or other sale by the Auction House. 17. No Modifications These Terms of Sale may not be changed unless the Auction House and buyer have agreed to do so in a written agreement signed by both parties. 18. Miscellaneous Export or Import: An export license may be required for the export of certain materials. Some countries prohibit the importation of certain materials. It is the sole responsibility of buyers to familiarize themselves with any required license and import/export requirements. The Auction House will have no responsibility with regard to these matters. Private Sales: These Terms of Sale shall apply to both auction and private sales of property. Paragraph Headings: Paragraph and subheadings are included in these Terms of Sale for ease of reference and should not be used to interpret the meaning of the substantive provisions.

Taxes: If you are shipping to a New Jersey address or if you pick up the lots you have won at our New Jersey location, you must pay the State's 7% sales tax. The only exception is for those who hold a valid resale license and file the completed New Jersey State Sales Tax Form (New Jersey Seller's Certificate Form ST3 or Non New Jersey Seller's Certificate Form ST-3NR) with Rago's at time of payment. No New Jersey sales tax is charged for purchases shipped out of state.

Condition for each lot is online and given upon request. If you have questions on the condition of any property, we would be glad to provide our opinion. Note that specialist opinions are subjective and not a statement of fact and that all works are sold according to our Terms of Sale. Please note that it is the buyer's responsibility to request and review condition reports if heshe cannot view property in person.