French Paintings1910-04 American Photographer

CONDITIONS OF SALE The property described in this catalogue, as amended by any posted notices or oral announcements during the sale, will be sold by Gramercy 32 Fine Arts. By bidding at this auction the buyer agrees to be bound by these Conditions of Sale. 1. THE AUTHENTICITY OF PROPERTY LISTED IN THIS CATALOGUE IS WARRANTED TO THE EXTENT STATED IN THE "LIMITED WARRANTY." EXCEPT AS PROVIDED THEREIN. ALL PROPERTY IS SOLD "AS IS" AND NEITHER GRAMERCY NOR THE CONSIGNOR MAKES ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY OR ITS VALUE, AND IN NO EVENT SHALL THEY BE RESPONSIBLE FOR CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE, AUTHENTICITY, AUTHORSHIP, COMPLETENESS, CONDITION OF THE PROPERTY OR ESTIMATE OF VALUE. NO STATEMENT (ORAL OR WRITTEN) IN THE CATALOGUE, AT THE SALE, OR ELSEWHERE SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION, OR ANY ASSUMPTION OF RESPONSIBILITY. 2. All bids are to be per lot as numbered in the catalogue. 3. NEITHER GRAMERCY NOR THE CONSIGNOR MAKES ANY REPRESENTATION THAT THE PURCHASER OF MANUSCRIPT MATERIAL, PHOTOGRAPHS, PRINTS, OR WORKS OF ART WILL ACQUIRE ANY COPYRIGHT OR REPRODUCTION RIGHTS THERETO. 4. Gramercy reserves the absolute right (a) to withdraw any property at any time before its actual final sale, including during the bidding, and (b) to refuse any bid from any bidder. The auctioneer is the sole judge as to the amount to be advanced by each succeeding bid. 5. Any right of the purchaser under this agreement or under the law shall not be assignable and shall be enforceable only by the original purchaser and not by any subsequent owner or any person who shall subsequently acquire any interest. No purchaser shall be entitled to any remedy, relief or damages beyond return of the property, rescission of the sale and refund of the purchase price; and without limitation, no purchaser shall be entitled to damages of any kind. 6. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have the absolute discretion either to determine the successful bidder or to re-offer and resell the lot in dispute. If any dispute arises after the sale, Gramercy's sales records shall be conclusive as to the purchaser, amount of highest bid, and in all other respects. 7. The purchase price paid by a purchaser shall be the sum of the final bid and a buyer's premium of 15% of the final bid on each lot ("the Buyer's Premium"), plus all applicable sales tax. 8. On the fall of the auctioneer's hammer, title to the offered lot or article will pass to the highest acknowledged bidder, who thereupon (a) immediately assumes full risk and responsibility therefor, (b) will immediately sign a confirmation of the purchase therefor, setting forth his name and address, and (c) will immediately pay the full purchase price therefor. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to Gramercy and the Consignor by law (including without limitation the right to hold the purchaser liable for the bid price), Gramercy, at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or (b) resell the property, either publicly or privately, for the account and risk of the purchaser, and in such event the purchaser shall be liable for the payment of all deficiencies plus all costs, including warehousing, the expenses of both sales, and Gramercy's commission at its regular rates and all other charges due hereunder. Gramercy may also impose late charges of 1.5% per month (or the highest rate allowed under applicable law, whichever is lower) on any amounts unpaid. 9. Gramercy will be responsible for the shipping of the property purchased by the purchaser. The shipping cost will be incurred by the purchaser and will be added onto the final purchase price as stated in Paragraph 7. Gramercy will ship to the shipping address provided by the purchaser. Gramercy will not be responsible for any property delivered to an incorrect address due to incorrect shipping address provided by the purchaser. 10. Except as may be otherwise expressly provided herein, any and all claims of a purchaser shall be deemed to be waived and without validity unless delivered in writing by registered mail return receipt requested to Gramercy within thirty (30) days of the date of sale. 11. The rights and obligations of the parties shall be governed by the laws of the State of New York. All bidders and the purchaser submit to the personal jurisdiction of the New York State courts and their rules and procedures in the event of any dispute. 12. No waiver or alteration of any of these Conditions of Sale, the Advice to Prospective Bidders, the Limited Warranty, the estimates, or any other matter in this catalogue or any other matter whatever (whether made by the auctioneer, or Consignor, or any representative of Gramercy) shall be effective unless it is in writing and signed by a representative of Gramercy. 14. THE "LIMITED WARRANTY" APPEARING BELOW FORMS PART OF THESE CONDITIONS OF SALE. ======================================== LIMITED WARRANTY We warrant the authenticity and condition of each lot catalogued herein on the terms and conditions set forth below. 1. Unless otherwise indicated in the respective catalogue descriptions (which are subject to amendment by oral or written notices or announcements made by Gramercy prior to sale): (a) With respect to autograph material (letters, historic documents, literary and musical manuscripts, inscribed books, and signed photographs), we warrant without time limit the authenticity of each lot catalogued herein. (Please note Paragraphs 3 and 5(b) below.) (b) With respect to books, maps and atlases, and any other works not included in (a) above, unless physical inspection would reveal self-evident lack of authenticity, we warrant for a period of three (3) years from the date of sale the authenticity of each lot catalogued herein. (Please note Paragraph 3 below.) 2. Except as noted above, or unless otherwise indicated in the respective catalogue description, we warrant for a period of thirty (30) days from the date of sale to the original buyer of record, that each book or manuscript is complete in text and illustration and generally is in such physical condition as may reasonably be expected considering the age and provenance. This warranty does not cover damages to binding, stains or foxing, wormholes, short leaves of text or plates or any defect not affecting the completeness of the text. Moreover, this warranty does not cover the lack of inserted advertisements, blank leaves, cancels or subsequently published volumes. 3. Serial publications, 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 three (3) items, are sold as is and therefore not covered by these warranties. 4. The benefits of these warranties are not assignable and are applicable only to the original buyer of the lot, and are conditioned on the buyer returning the work in the same condition as at time of sale and in the time period specified. 5. (a) The buyer's sole remedy under these warranties shall be the rescission of the sale and refund of the original purchase price paid for the item, and this remedy shall be exclusive and in lieu of any other remedy which might otherwise be available to the buyer as a matter of law. (b) With respect to autograph material (see Paragraph 1(a) above), or any print, drawing, or watercolor: in the event that a buyer claims that an item is not authentic, Gramercy shall have no obligation to rescind the sale unless the buyer has obtained, at the buyer's expense, the opinion of two recognized experts in the field, who are mutually agreeable to Gramercy and the buyer, that a lot or portion thereof is not authentic.

Local Taxes Apply