Fine Art & Antique Estate Auction

CONDITIONS OF SALE September 25, 2010 Fine Art & Antique Estate Auction DEAN D. CUMMINS—AUCTIONEER The lots listed in this catalogue will be offered by Dean D. Cummins—Auctioneer as agent for consignor(s) subject to the following terms and conditions. By bidding at auction you agree to be bound by these Conditions of Sale. PREVIEW Prospective buyers are strongly advised to personally examine any property in which they are interested before the auction takes place. All lots are sold AS-IS and without recourse and neither Dean D. Cummins—Auctioneer nor its consignor(s) makes any warranties or representations, express or implied with respect to such lots. Neither Dean D. Cummins—Auctioneer nor its consignor(s) makes any express or implied warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. No statement, whether written or oral, and whether made in the catalogue, or in supplements to the catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. SALE DAY Registration before Bidding - A prospective buyer must complete and sign a registration form and provide identification before bidding. We may require bank or other financial references. BIDDING AS PRINCIPAL - When making a bid, a bidder is accepting personal liability to pay the purchase price, all applicable taxes and all other applicable charges, unless it has been explicitly agreed upon in writing with Dean D. Cummins—Auctioneer before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Dean D. Cummins—Auctioneer and that Dean D. Cummins—Auctioneer will only look to the principal for payment. ABSENTEE BIDS - We will use reasonable efforts to carry out written bids given to us prior to the sale for the convenience of clients who are not present at the auction in person, by an agent or by telephone. Bids must be placed in U.S. dollars. If we receive written bids on a particular lot for identical amounts, and these are the highest bids on the lot at the auction, it will be sold to the person whose written bid was received and accepted first. Execution of written bids is a free service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute a written bid or for errors and omissions in connection with the written bid. TELEPHONE BIDS - If a prospective buyer makes arrangements with us prior to the commencement of the sale we will use reasonable efforts to contact them to enable them to participate in the bidding by telephone and we do not accept liability for failure to do so or for errors and omissions in connection with telephone bidding. ONLINE BIDS - We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online bids. AUCTIONEER'S DISCRETION - The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide, to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive. SUCCESSFUL BID - The highest bidder acknowledged by the auctioneer will be the purchaser. In the case of a tie bid, the winning bidder will determined by the auctioneer at his or her sole discretion. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder or to reoffer the lot in dispute. If any dispute arises after the sale, the Dean D. Cummins—Auctioneer sale record shall be conclusive. Title passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder subject to the Conditions of Sale set forth herein, and the bidder assumes full risk and responsibility. Payment - The buyer must pay the entire amount due (including the winning bid amount, all applicable taxes and other charges) on the day of the auction. Payment in U.S. dollars may be made with cash; bank check or cashier's check drawn on a New York State bank with bank of letter guarantee. Dean D. Cummins—Auctioneer reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Dean D. Cummins Auctioneer a handling charge of $50 for any check dishonored by the buyer. Tax Exempt—Buyer must have a completed and signed New York State Resale Certificate (ST-120) on file with Dean D. Cummins—Auctioneer. Purchases - Dean D. Cummins must receive payment in full prior to purchase being released to the buyer. All purchases must be picked up from auction site on the day of the auction unless other arrangements have been made. Packing and Shipping - If your bid is successful, Dean D. Cummins can provide you with a list of shippers. We will not be responsible for the acts or omissions of carriers or packers whether or not recommended by us. Property will not be released to the shipper without the buyer's written consent and until payment has been made in full. Packing and handling of purchased lots by us is at the entire risk and cost of the purchaser. Dean D. Cummins—Auctioneer will have no liability of any loss or damage to such items. Terms: Full payment day of auction. Cash, NYS Check, Visa &Mastercard accepted. Live on-line bidding available at www.liveauctioneers.com. Absolutely No Buyer's Premium or Penalties when paying with cash or NYS check.

Local taxes apply.