Fall FineArts Estate Auction

BEFORE THE SALE

ATTENTION: For payment, if you have a card or bank account on file with LiveAuctioneers, it will be automatically charged after you receive your invoice.

Prospective buyers are strongly advised to personally examine any property in which they are interested before the auction takes place. Condition reports are usually available on request on lots with a low estimate of $300 and over. All lots are sold AS-IS and without recourse and neither NEO FineArts Inc. nor its consignor(s) makes any warranties or representations, express or implied with respect to such lots. Neither NEO FineArts Inc. 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 catalog 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 catalog, or in supplements to the catalog, 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. NEO FineArts Inc. and its consignor(s) make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. NEO FineArts Inc. expressly reserves the right to reproduce any image of the lots sold in this catalog.

Preview Safety - We are concerned for your safety while you are on our premises, and we endeavor to display items safely so far is reasonably practicable. Nevertheless, should you handle any items on view on our premises, you do so at your own risk. Should you wish to view or inspect any items, you must ask for assistance to assist you.

AT THE SALE

Refusal of Admission - NEO FineArts Inc. has the right, at our complete discretion, to refuse admission to the premises or participation in any auction and reject any bid.

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, including the buyer's premium, all applicable taxes and all other applicable charges, unless it has been explicitly agreed upon in writing with NEO FineArts Inc. before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to NEO FineArts Inc., and that NEO FineArts Inc. will only look to the principal for payment.

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.

Reserves - Some lots in the sale are subject to a reserve which is the confidential minimum price below which such lot will not be sold. The reserve will not exceed the estimate range of the lot. Reserves are agreed upon with consignors or in the absence thereof, the absolute discretion of NEO FineArts Inc. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. With respect to lots that are offered without reserve, unless there are already competing bids, the auctioneer, in his or her discretion, will generally open the bidding at quarter to half of the low estimate for the lot. In the absence of a bid at that level, the auctioneer may proceed backwards at his or her discretion until a bid is recognized, and then continue up from that amount.

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 re-offer 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 be 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 re-offer the lot in dispute. If any dispute arises after the sale, the NEO FineArts Inc. 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.

AFTER THE SALE

Buyer's Premium - In addition to the hammer price, the buyer agrees to pay NEO FineArts Inc. a buyer's premium, the applicable sales tax, and other applicable fees added to the final total. Sales tax may be waived with an appropriate tax-exemption document that is submitted to and approved by LiveAuctioneers. For international buyers, the sales tax will not be added to the final total.

HAMMER PRICE / BUYER'S PREMIUM

In addition to the hammer price, the buyer agrees to pay NEO FineArts Inc. a buyer's premium, applicable sales tax, and other applicable fees added to the final total. The buyer premium is 20% of the hammer price for floor bidders, and 25% for internet bidders.

Payment - The buyer must pay the entire amount due (including the hammer price, buyer's premium, all applicable taxes and other charges) immediately following the sale. Please note that payment is set up as instant autopay for this auction, the purchaser's payment method on file will be automatically charged once the auction is concluded. Payment in U.S. dollars may be made with credit card or ACH debit though LiveAuctioneers unless other arrangements are made and agreed upon with NEO FineArts Inc. NEO FineArts Inc. will charge a processing fee of 4.5% for credit card transactions or $55 for wire transfer transactions. NEO FineArts Inc. reserves the right to hold merchandise purchased by ACH debit until the funds has cleared the bank. The purchaser agrees to pay NEO FineArts Inc. a handling charge of $50 for any bank transaction dishonored by the drawee.

Collecting Purchases - Once NEO FineArts Inc. has received all funds due to us, the buyer shall collect purchased lots within five (5) business days from the date of the sale.

Packing and Shipping - No property will be released until payment in full is made on the items. Packing, shipping, and insurance (including reimbursement for damage or loss) of purchased lots is the responsibility of the purchaser. The purchaser agrees to release NEO FineArts Inc. of all liability for damages or loss. This auction is NOT set up with LiveShipping. We will handle in house shipping upon email request for most items; other shipping will be handled by third party shippers of purchaser's selection or auction company's recommendations. Please note, items that are large and/or heavy and/or need special packaging or shipping requirements, will be handled by 3rd party shipping companies. We will offer recommendations of suitable third-party carriers. We recommend shipping all items insured. Insurance claims should be taken up with the third-party carrier. Should any damage or loss occur to items transported by a third party, we can assist the purchaser in filling reimbursement, of course, only covers the actual cost of the items shipped. Immediately after the auction, purchasers should contact NEO FineArts Inc. regarding shipping for requests of recommended shipping methods or possible third-party carriers. (Note: on occasion, quotes from some of the third-party carriers may take longer to get.) The purchaser may also notify NEO FineArts Inc. if self-arranged packing and shipping are made with other third-party shippers. Local purchasers may also arrange self-pickup with email confirmation with NEO FineArts Inc.

Failure to Collect Purchases - If property is not picked up within seven (7) business days following the sale, whether or not payment has been made, NEO FineArts Inc. reserves the right to charge $5 per lot per day or to deliver said property to a public warehouse for storage at the purchaser's expense. NEO FineArts Inc. shall have no liability for any damage to property left on its premises for more than seven (7) business days following the sale. In addition, we reserve the right to impose a late charge of one and half percent (1.5%) per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. For property that is not picked up after twenty (20) calendar days, an additional administration fee of $75 will be charged. Property which is paid for but left on our premises for any reason in excess of forty-five (45) calendar days is subject to sale by us with the balance of any funds recovered in excess of storage charges and any other fees being remitted to you.

ALL PROPERTY IS SOLD AS IS.

ALL SALES ARE FINAL.

A 25% PREMIUM WILL BE PAID BY THE PURCHASER AS PART OF THE PURCHASE PRICE EXCEPT AS NOTED FOR SPECIAL SALES EVENTS. ONLINE BIDDERS MAY BE CHARGED AN ADDITIONAL ONLINE SERVICE/PROCESSING FEE AS DETERMINED BY LIVEAUCTIONEERS OR OTHER ONLINE SERVICE PROVIDERS. PLEASE NOTE THAT SERVICE/PROCESSING FEES MAY BE REDUCED WITH ACH DEBIT (BANK ACCOUNT) TRANSACTION WHEN SUBMITTING PAYMENT. IF YOU CHOOSE TO PAY THE INVOICE OUTSIDE OF LIVEAUCTIONEERS WE CHARGE 4.5% FOR CREDIT CARD TRANSACTIONS AND $55 FOR WIRE TRANSFER TRANSACTIONS.

WE RESERVE THE RIGHT TO CHANGE, MODIFY, AND ADD TO THESE TERMS AND CONDITIONS.

LIABILITY

Condition Reports - NEO FineArts Inc. is not responsible for the correctness of any statement of any kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Neither the seller, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot regarding merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph.

Purchased Lots - If for any reason a purchased lot cannot be delivered in the same condition as at the time of sale, or should any purchased lot be stolen, mis-delivered or lost prior to delivery, NEO FineArts Inc. shall not be liable for any amount in excess of that paid by the purchaser.

Legal Ramifications - The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in California. If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted, and the rest of the conditions shall continue to be valid to the fullest extent permitted by law.