David Rago Fine Art Auction

Terms of Sale Rago Estate and Fine Art Division (333 Auctions LLC) 609-397-9374 (p) / 609-397-9377 (f) (Hereafter referred to as "the Auction House") All property sold by 333 Auctions is sold "AS-IS, WHERE-IS" unless otherwise specified. The bidder assumes the full responsibility for inspecting and evaluating the property prior to bidding and must make an independent judgment as to the property, its value, and the accuracy of any descriptions or information provided about the property. 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 141. 1. General Each lot in this catalogue is offered for sale subject to the terms set out below, as changed or supplemented by provisions a) written in other places within these Terms of Sale, b) in written supplements to this Catalogue or other materials prepared by us and c) as stated by the auctioneer or posted in writing at the auction, prior to a bid being accepted for a lot. No other communications by any employee of the Auction House is intended to be binding, and such communications are made for informational purposes only. By bidding at the auction the buyer and all bidders agree to be bound by these terms or those changed and supplemented, whether bidding in person, through a representative, by phone, by internet, or other absentee bid. Upon the announcement by the auctioneer, the successful bidder becomes the buyer and is immediately responsible for the amount of the successful bid, the buyer's premium, applicable taxes, and other charges provided for in the Terms of Sale. The thirty (30) day warranty shall commence on the date of sale and continue to run without any tolling even if the Buyer within that thirty (30) day period 1) fails to inspect or pay, 2) requests delay in shipment, 3) provides incorrect shipping address or information or 4) is unavailable to receive shipment. Sales Results: Results will be available by phone and on the web at www.ragoarts.com. Sales results will be available no earlier than 2 p.m. on our first business day following the auction or as soon as the Auction House has audited and verified all sales. Please do not call prior to this time for results, as they will not be given out under any circumstances. We thank you for your understanding in this matter. 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 Buyer's Premium/Purchase Price: A buyer’s premium is added to the successful bid price and is paid by the buyer as part of the total purchase price. Except for property purchased on eBay Live Auctions, the buyer’s premium is in the amount of 20% of the successful high bid up to and included $100,000 and 12% on any amount thereafter. The buyer’s premium on property purchased on eBay Live Auctions will be in the amount of 20% of the successful high bid up to and included $100,000 and 17% on any amount thereafter. All bidding at auction and all purchases will be in U.S. Dollars. Taxes: Applicable taxes shall include New Jersey sales tax (6%), use tax, excise tax, and other taxes or levies. Only valid resale certificates are accepted as proof of exemption from New Jersey sales tax by U.S. dealers. 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. Upon the fall of the auctioneer’s hammer, the successful bidder becomes the buyer and owner of the property and is responsible for the property, the amount of the successful bid, the buyer’s premium, applicable taxes, and other charges provided for in the Terms of Sale in U.S. Dollars, payable immediately. 3. Methods of Payment and Fees Cash. Check. Wire Transfers. Visa. MasterCard. Discover. PayPal. ($25,000 limit on purchases made by credit card.) 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. If payment is not received from eBay Live Auctions buyers within 10 (ten) days from the day we mail the invoice, we will have no choice but to place an NPB on the Buyer’s account. If payment is not received within thirty (30) days of sale, the Auction House reserves the right to impose from the date of sale a late charge of 1 1/2% a month of the total purchase price and deny all future credit. 4. Warranties and Guarantees All items are served "As-Is, Where-Is," except as expressly stated otherwise in the following paragraph: All information in the catalogue concerning authenticity, including authenticity of authorship ascribed to a work of fine art (painting, sculpture, drawing, work of graphic art or print), is guaranteed for a period of thirty (30) days from the date of sale. In that time, prior to payment to the consignor of the work, the Auction House will allow the buyer to submit, at his own expense, an opinion in writing from a recognized expert, approved by the Auction House and the purchaser, regarding authenticity. In the event the work is judged inauthentic by the expert, the work may be returned in the same condition as at time of sale and the buyer's full purchase price will be refunded. Refunds shall not include costs of transportation, insurance, or other expenses that may have been incurred by the buyer. It is the buyer’s responsibility to make payment in a timely fashion such that the merchandise can be released and inspected within this thirty (30) day time frame. Should the buyer not do so, or should the buyer request the auction house to delay shipment, should he give an incorrect shipping address, or be unavailable to receive shipment, the thirty (30) day warranty shall still apply. If the Auction House has paid the consignor the amounts due consignor as a result of the sale, the Auction House will (i) refund to the buyer the amount of the buyer’s premium and applicable taxes received from the buyer, and (ii) make written demand upon the consignor for the payment of the balance of the purchase price. If the consignor fails to honor the written demand for a refund of the balance of the purchase price, the Auction House shall furnish buyer the name and address of the consignor, and shall assign to buyer all of the Auction House’s rights for the return of the balance of the purchase price of the affected lot. Upon this disclosure and assignment, the Auction House shall have no further liability to buyer or responsibility to pursue the buyer’s claim. The Auction House will extend reasonable cooperation to buyer, provided that such cooperation does not require out-of-pocket expenditures by the Auction House. This limited right of rescission is available only to the original buyer and may not be relied upon by any heir, agent, transferee, assign, or other third party or assigned to any subsequent transferee of the Property which gives rise to the claim. This Warranty does not cover any description that states there is a conflict of specialist opinion; any description which states (or is bracketed in a section described as) "as-is" or "not guaranteed." This Warranty does not cover any typographical errors. This disclaimer of liability on our part applies whether the information is included in the catalogue, advertisements, announcements, or communicated through our representatives, bills of sale, or elsewhere, and whether written or oral. No Warranty of Reproduction: Neither the consignor nor we make any warranty or representation, express or implied, as to whether a buyer will acquire any reproduction rights, copyrights or other intellectual property rights in, or with respect to, the Property. The Auction House makes no warranties, express or implied, as to the merchantability or fitness for purpose except as otherwise expressly stated in these Terms of Sale. 5. Qualifying to Bid Bidding Numbers: All bidders must register and receive a bidding number from the Auction House prior to bidding at the auction. New Buyers: If we do not know you, you may be asked to furnish identification, a valid credit card number, and, possibly, credit references. If you are acting as another’s agent or principal, we may request a letter of authorization. If paying by check, you must establish credit with Eliane Talec, extension 118, at least three (3) business days prior to the auction. A letter from your bank, presented before the sale, may also be accepted, at our discretion, although we will retain your purchase(s) until the check clears. If you are successful and do not remit payment within thirty (30) days, the balance will be charged to your credit card together with such charges set forth in these terms of sale. The auctioneer reserves the right to refuse participation by any bidder, whether on premises or participating on-line or by telephone, whom the auctioneer deems in its discretion to be or have been disruptive of the bidding or auction process, or otherwise deemed affect the integrity of the process. 6. Bidding Increments $10 until $100 is reached $25 until $500 is reached $50 until $1,000 is reached $100 until $3,000 is reached $250 until $5,000 is reached $500 until $10,000 is reached $1,000 until $20,000 is reached $2,500 until $40,000 is reached $5,000 until $100,000 is reached $10,000 over $100,000 All unreserved bidding starts at 50% of the low estimate unless there are two or more competing absentee bids at a price higher than that. (For example, a lot estimated at $500-$750, with no reserve, will normally open at $250. If there are two absentee bids for $400 and $600, the lot must sell for $425, even if there is no further bidding from the phone, later absentee ballots, internet, or from the live audience. In such a case, we will open the bidding at close to the low estimate.) The auctioneer has the sole and exclusive power, discretion, and authority to regulate the bidding and its increments. 7. 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. (NOTE: Absentee bids left on Live Auctioneers or eBay Live Auctions are sent to the auction house during the actual sale. There is no time advantage to these bids at all.) 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, eBay Live Auctions 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. 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. Determine the lots on which you most want to bid before calling and reserving the lines. If you need condition reports, please request and review them prior to reserving phone lines. We will call you at one phone number ONLY during the auction. 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. Your phone number and lots will be confirmed the day before the auction. Please do not change your phone number after your phone lines have been confirmed; if you do, the Auction House reserves the right to not allow you to bid by telephone in that auction and will not be responsible for any breakdown in communications. We strongly recommend land lines, as, to date, they are more reliable than cellular phones. One of the reasons people bid by phone is to monitor how much they're spending. However, if you bid by phone, you must be willing to bid to the low estimate should the bidding go that far. There is no exception to this rule. You may, however, leave absentee bids for any amount. 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, eBay Live Auctions 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. 9. Internet Bids The Auction House has engaged the services of eBay Live Auctions and Live Auctioneers as a service for its clients who wish to bid and buy online. Please proceed to www.ebayliveauctions.com for all necessary information on how to bid and buy online using this system. The user of eBay Live Auctions and 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 eBay Live Auctions and 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, eBay Live Auctions 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. 10. 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. 11. Reserves A reserve is the confidential minimum price established by the Auction House and the consignor. The reserve will never exceed the low estimate of the lot. The Auction House prohibits consignors from bidding on their own property, but may implement the reserve by bidding on behalf of the consignor at the auction up to the reserve. If bids on a lot fail to reach the reserve, the lot will be bought-in. 12. Estimates The estimates provided in this catalogue are our opinion of the price that a willing buyer would pay for the property at auction, based, where possible, on prices paid for comparable items sold in the past. They are neither a representation nor a prediction of the actual selling price that will be realized at auction, post-auction sale, or upon resale, which may be substantially different from these estimates. We shall not be liable in any way for such a difference. 13. 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. 14. Condition Reports Condition reports are rendered as specialist opinion by the staff of the Auction House and/or independent consultants and not as statements of fact. We do not guarantee the content of written or verbal condition reports. If you would like condition reports for items in the sale, please call (609) 397-9374. Our specialists will respond to requests as quickly as possible. Otherwise, please fax/mail the condition report form. You will be called prior to 5:30 p.m. on the Friday before the auction. Please be patient. We get many requests and we make every effort to respond to all of them in a timely fashion. The Auction House is not liable or responsible for any errors or failure to do so. 15. Rescission by Buyer All items are served “As-Is, Where-Is,” except as expressly stated otherwise in Paragraph 4. Buyer acknowledges and expressly agrees that the provisions of this Paragraph state the sole and exclusive remedy available to a buyer in the event of non-conformity in Property purchased. The buyer understands and agrees that the exclusive remedy for any breach of the warranty shall be a rescission of the sale and a refund of the original purchase price (bid plus buyer’s premium), as well as any applicable taxes paid. Neither the Auction House nor its Consignor shall be liable for damages beyond the remedy expressly provided for herein, such as, but not limited to, direct, indirect, special, incidental, punitive, or consequential, including the loss of profit or revenue, cost of obtaining alternative property, claims of customers of the buyer or otherwise. The Auction House will not be responsible for any shipping charges. 16. 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. 17. 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. If the purchased Property is not removed within thirty (30) days of the sale, the buyer will thereafter be assessed a $10 per lot storage charge per day. The Auction House may, at its discretion, remove the purchased Property to public storage at the buyer's risk and expense. All associated charges will be added to the total invoice and must be paid in full before the Property will be released. Those who choose 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. to¬ 5:00 p.m., excepting the hour between 12:00 and 1:00 p.m. 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. Property purchased and left at the auction house for 90 days will be sold or donated for you. Note: The Auction House’s insurance coverage only extends to loss of property in its care, custody and control (CCC) or in the CCC of a common carrier engaged by the Auction House to transport property. There is no coverage if the common carrier is not engaged by the Auction House. There is no coverage once property has been delivered and left the CCC of the Auction House or the common carrier it has engaged. It is the responsibility of the buyer to request a signature release. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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.

Local Taxes Apply