Post War & Contemporary Art

*Cardenas Auctions ? Terms and Conditions* The following, as amended from time to time, including by any posted notices or announcements during the sale, constitutes the entire terms and conditions on which lots listed in the online catalog shall be offered for sale or sold by Cardenas Auctions. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY PRIOR TO BIDDING. Auctions are conducted under these terms and applicable state, federal, and local law. Any person participating or registering for an auction agrees to be bound by and accepts these terms and conditions. "Cardenas Auctions" refers to the company, its representatives, officers, directors, stockholders, members, managers, employees, consultants, agents, and affiliates. Any announcements or corrections made during a specific auction supersede these terms for that auction. *Buyer's Premium and Tax* All bids are subject to a non-refundable 29% buyer's premium, which shall be added to a successfully placed bid upon sale of each lot, along with any applicable local sales tax and shipping/handling fees. Any bidder representing a purchaser is personally and individually responsible for any obligations of the purchaser. Buyers claiming exemption from sales tax must submit a valid and complete resale certificate prior to invoicing. *Bidding and Lot Sales* On the fall of the auctioneer's hammer, the highest bidder shall be deemed to have purchased the offered lot in accordance with all conditions set forth herein and thereupon: (a) assumes full risk and responsibility, (b) if requested, signs a confirmation of purchase, and (c) pays the purchase price in full. Cardenas Auctions reserves the right to withdraw any lot at any time before the actual sale. Unless otherwise announced, all bids are per lot as numbered in the catalog, and no lot shall be divided. The company reserves the right to reject a bid from any bidder. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, or if the auctioneer doubts the validity of any bid, the auctioneer shall have sole and final discretion to determine the successful bidder or to re-offer and resell the lot. In the event of a tie between an absentee and a live bidder, the lot will be sold to the live bidder. The company?s sales records are conclusive. *Reserves and Bidding by the Auction House* If a lot is offered subject to a reserve (a confidential minimum price), Cardenas Auctions may bid on behalf of the consignor to meet the reserve. Bidding may include placing consecutive or responsive bids. Consignors are not permitted to bid on their own items. *As-Is Condition and Catalog Descriptions* All property is sold AS IS. Cardenas Auctions and consignors make no guarantees, warranties, or representations, express or implied, as to the property or catalog accuracy, including condition, size, rarity, provenance, exhibition history, or importance?except where applicable under the Fine Art Authorship Guarantee. Catalogs and brochures are for guidance only and are based on believed sources, but accuracy is not guaranteed. Any condition statements are opinion only. Cardenas Auctions has no responsibility for errors or omissions. The absence of a condition statement does not imply a lot is free of wear, defects, or aging. *Payment Terms* Cards on file will be automatically charged shortly after the auction. Invoices will be emailed within 24 hours of the auction close. Payments are due within five (5) days. After five days, disputes may be opened. After 14 days, items will no longer be available and disputes will remain open. Accepted payment forms include money orders, cashier?s checks, wire transfers (subject to a $20 fee), Visa, MasterCard, and Discover. Cardenas Auctions reserves the right to require a wire transfer or bank check for high-value items. Personal and business checks are accepted at the company?s discretion and may require clearing time. A $25 fee applies to each returned check. PayPal is not accepted. If the buyer fails to pay when due, Cardenas Auctions may (a) pursue civil action, (b) void the sale, (c) exercise any legal remedy, or (d) charge the buyer?s card on file, including buyer?s premium. *Shipping and Pick-Up* All property is packed, shipped, or transported at the buyer's risk and expense. Shipping quotes may be obtained from third-party shippers. All items must be paid for and removed within 15 business days unless otherwise arranged in writing. A storage fee of $10 per lot, per day, will apply beginning on day 15. Shipping begins once payment is received. Buyers are responsible for paying the shipper separately and are strongly encouraged to insure items during transit. Cardenas Auctions is not liable for loss, theft, or damage during shipment. Pick-ups require an appointment. *Authenticity Guarantee for Fine Art* Cardenas Auctions warrants the authorship of any lot listed as an original work by a named artist for a period of thirty (30) calendar days from the date of sale, applicable only to the original purchaser. For the purposes of this warranty, ?authorship? refers solely to the identity of the creator of the work as stated in the lot title and does not include attributions, circle of, or school of descriptors. If Cardenas Auctions is satisfied, based on expert opinion, that the authorship is incorrect, the sale will be rescinded, provided: * The buyer gives written notice within thirty (30) days of the date of sale; * The lot is returned in the same condition, fully insured, within one (1) week of claim acceptance; and * The buyer provides one or more written opinions from recognized experts in the field. If the parties cannot agree on such expert(s) within 30 days, Cardenas Auctions may select one from a pre-approved panel. Any refund shall be limited to the original hammer price and buyer?s premium. Shipping, insurance, and related costs are non-refundable. All guarantees are non-transferable and apply only to the original buyer of record. The original buyer must have retained full ownership since the sale. In the event of conflicting expert opinions, Cardenas Auctions retains sole and final discretion to determine whether a refund is warranted. *Governing Law and Jurisdiction* These terms shall be governed by the laws of the State of Florida. Any legal action shall be brought in a court of competent jurisdiction in Miami-Dade County, Florida. *Limitation of Liability* In no event shall Cardenas Auctions be liable for incidental, consequential, or punitive damages arising out of or relating to these terms or any auction transaction. *Force Majeure* Cardenas Auctions shall not be liable for failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, internet outages, labor disputes, or government action.

If you have not contacted Cardenas Auctions to arrange payment within 3 days of the time that invoice is sent, we will charge the credit card you used to register for the auction for the amount of your invoice.

Online purchases from Cardenas Auctions may be subject to sales tax. Please see the following for more details. If you are tax-exempt, you can submit your tax-exempt certificate to prevent the collection of tax. Learn more about tax-exemption.