Prints and Multiples

# TERMS AND CONDITIONS OF SALE

This auction is presented by **San Diego Liquidation and Estate Services Inc.** (“SDLES") through **LiveAuctioneers** and is conducted under these Terms and Conditions, the applicable terms of LiveAuctioneers, and applicable California and local laws.

By registering for, participating in, or placing a bid in this auction, each bidder and Buyer affirmatively represents and acknowledges that they have read, understood, and agreed to be bound by these Terms and Conditions of Sale.

## CONDITION STATEMENTS AND CATALOG DESCRIPTIONS

Any condition statement provided by SDLES is offered solely as a courtesy to prospective bidders and represents an opinion only. It should not be treated as a statement of fact or a warranty.

SDLES shall have no responsibility for errors or omissions in any condition statement. The absence of a condition statement does not imply that a lot is in perfect condition or completely free from wear, damage, imperfections, restoration, fading, foxing, discoloration, toning, creases, stains, frame damage, or the effects of age.

Any statement made by SDLES regarding a lot, whether contained in a condition report, auction catalog, online listing, photograph, email, telephone conversation, or other communication, is intended solely as an opinion and does not constitute a representation or warranty of any kind.

Measurements, dimensions, edition information, and other catalog details are approximate unless expressly stated otherwise.

Descriptions may not identify every fault, defect, restoration, alteration, or condition issue. No description, photograph, or condition report is a substitute for the bidder's own examination and evaluation of a lot.

SDLES undertakes no obligation to bidders or Buyers to perform examinations, investigations, authentication procedures, scientific testing, research, or other analysis to establish the accuracy of any description, attribution, signature, edition number, provenance, date, artist identification, medium, publisher, printer, or other information provided in the catalog.

Bidders and Buyers should not assume that such examinations or testing have been performed.

## ESTIMATES

Where provided, auction estimates represent SDLES's opinion regarding the range in which a lot may sell at auction.

Estimates are not appraisals or guarantees of value and do not include the Buyer's Premium, sales tax, shipping, handling, LiveAuctioneers charges, or any other fees payable by the Buyer.

Auction results depend upon bidding activity, and lots may sell below or above published estimates. Estimates should therefore not be relied upon as an indication of the actual value, retail value, investment value, or future resale value of a lot.

## WORKS OF ART AND PRINTS

Lots offered in this auction may include lithographs, serigraphs, screenprints, etchings, engravings, woodcuts, posters, reproductions, giclées, artist proofs, printer's proofs, limited editions, open editions, photographs, and other works on paper.

Unless expressly stated otherwise in writing, SDLES makes no guarantee or warranty regarding authorship, attribution, authenticity, signature, edition, provenance, date, publisher, printer, or printing method.

References to signatures may describe a signature or marking visible on the work and should not automatically be interpreted as a guarantee that the signature is hand-signed by the artist.

A signature may be hand-signed, plate-signed, printed, stamped, facsimile, or otherwise applied unless specifically described and guaranteed otherwise.

Edition numbers, artist-proof designations, printer's marks, publisher information, and similar information are described based upon what is visible on the work and/or information reasonably available to SDLES at the time of cataloging.

Bidders are solely responsible for conducting any research, professional authentication, or independent inspection they consider necessary before bidding.

## AS-IS SALE

All lots are likely to be pre-owned and may be of varying age and condition.

All property is sold **AS IS, WHERE IS, WITH ALL FAULTS AND IMPERFECTIONS AND WITHOUT RECOURSE**.

Neither SDLES nor the consignor makes any warranties or representations, express or implied, regarding any lot.

Photographs and illustrations are provided for identification and informational purposes only. Photography, lighting, computer monitors, mobile devices, and other variables may affect the appearance of colors, tones, textures, and condition.

It is solely the Buyer's responsibility to satisfy themselves regarding every aspect of a lot, including, but not limited to:

authorship, attribution, signature, condition, provenance, history, authenticity, style, period, age, edition, printing technique, size, framing, restoration, quality, suitability, origin, market value, and estimated selling price.

Bidders are encouraged to request additional photographs or condition information before bidding.

**DO NOT BID ON A LOT UNLESS YOU ARE SATISFIED WITH ITS DESCRIPTION, CONDITION, ATTRIBUTION, SIZE, SIGNATURE, EDITION INFORMATION, AND OTHER RELEVANT CHARACTERISTICS.**

## 1. BIDDERS

Any person registering for or participating in the auction agrees to be bound by these Terms and Conditions.

All bidders must meet the qualifications established by SDLES and LiveAuctioneers.

SDLES reserves the right, in its sole discretion, to approve, reject, suspend, or exclude any bidder before, during, or after the auction.

A bidder who is not in good standing with SDLES, LiveAuctioneers, or another auction company may be refused bidding privileges.

If a person bids on behalf of a business, corporation, trust, estate, partnership, or other entity, that person represents that they are authorized to do so and may be held personally responsible for payment where permitted by law.

## 2. BIDDING AT AUCTION

The highest qualified bidder recognized by the auctioneer or LiveAuctioneers platform shall be the Buyer.

The successful bidder is responsible for paying:

* the hammer price;
* the applicable Buyer's Premium;
* applicable sales tax;
* shipping and handling charges;
* storage charges, if applicable; and
* any other charges properly associated with the purchase.

All bids are binding and irrevocable once accepted.

Title to purchased property shall not pass to the Buyer until SDLES has received cleared payment in full.

Announcements, corrections, or amendments made by SDLES before or during the auction, including changes made through LiveAuctioneers, supersede earlier printed or online information.

## 3. BUYER'S PREMIUM

All successful bids are subject to a **Buyer's Premium**, which is added to the hammer price.

The applicable Buyer's Premium for this auction will be published on the LiveAuctioneers auction page and/or registration page.

Any LiveAuctioneers fees, payment processing fees, applicable taxes, shipping charges, or other charges are separate from the Buyer's Premium unless expressly stated otherwise.

## 4. INTERNET BIDDING

Internet bidding is conducted through LiveAuctioneers.

SDLES cannot be responsible for bidder errors, accidental bids, bidding errors, internet delays, internet outages, software failures, equipment failures, missed bids, platform delays, transmission problems, or other technical issues.

Bidders are responsible for reviewing their bids before submission.

A bid submitted through LiveAuctioneers constitutes a binding offer to purchase the lot.

In the event of identical bids, preference may be given to the bid first received or otherwise determined by the LiveAuctioneers system.

## 5. CONDUCTING THE AUCTION

The highest qualified bidder recognized by the auctioneer shall be the Buyer.

In the event of a tie bid, bidding dispute, platform discrepancy, or other irregularity, SDLES may, in its sole discretion:

* determine the winning bidder;
* reopen bidding;
* reoffer the lot;
* reject a bid;
* cancel a transaction; or
* take any other action reasonably necessary to resolve the matter.

SDLES's determination shall be final to the extent permitted by law.

Bids may occasionally be missed or go unrecognized due to technical or human error. SDLES shall not be liable for failure to recognize or execute a bid.

SDLES reserves the right to withdraw any lot, combine lots, divide lots, correct a catalog description, or alter the order of sale at any time before a lot is sold.

## 6. ALL SALES ARE FINAL

**ALL SALES ARE FINAL.**

No returns, exchanges, cancellations, credits, or refunds will be accepted based upon condition, color, framing, attribution, signature, edition, market value, Buyer's remorse, or any other matter that could reasonably have been investigated before bidding, except where otherwise required by applicable law.

The Buyer must review the lot and any available photographs or condition information prior to bidding.

## 7. FRAMES, MATS AND GLASS

Frames, mats, backing materials, glass, acrylic, hanging hardware, and other presentation materials are considered incidental to the artwork unless expressly stated otherwise.

SDLES does not guarantee the condition, age, originality, quality, or value of any frame or framing material.

Frames may exhibit scratches, chips, losses, cracking, separation, discoloration, repair, or other wear.

Glass or acrylic may be scratched, chipped, cracked, or damaged.

Damage to a frame, mat, glass, acrylic, backing, or other presentation material shall not constitute grounds for cancellation, return, refund, or price adjustment.

## 8. PAYMENT

Payment is due promptly following the auction and within the timeframe stated on the Buyer's invoice or required by LiveAuctioneers.

Accepted payment methods are those published through LiveAuctioneers and/or stated on the Buyer's invoice.

SDLES reserves the right to require payment by:

* wire transfer;
* cashier's check;
* certified funds; or
* another approved payment method

for high-value purchases, international transactions, new bidders, or transactions considered by SDLES to present an elevated payment risk.

No property will be released or shipped until payment has cleared in full.

## 9. SALES TAX

Buyers are responsible for all applicable sales taxes unless valid and legally sufficient resale or tax-exemption documentation has been submitted and accepted before payment.

Tax collection may be administered directly by LiveAuctioneers where applicable.

## 10. SHIPPING AND PACKING

Unless otherwise expressly stated, **shipping, packing, insurance, and transportation are the responsibility and expense of the Buyer.**

Shipping charges are not included in the hammer price or Buyer's Premium.

Shipping may be provided by LiveAuctioneers, SDLES, or an independent third-party shipping company depending upon the nature, value, size, weight, fragility, framing, and destination of the property.

Any shipping quote is an estimate unless expressly stated as final.

Framed artwork and works under glass may require special handling.

At the discretion of SDLES or the shipping provider, glass may be removed before shipment when considered advisable to reduce the risk of breakage.

Packing, handling, shipping, and transportation of purchased property are conducted at the Buyer's risk.

SDLES shall not be liable for damage, loss, delay, theft, mishandling, or other problems occurring after property has been transferred to an independent shipper or carrier.

## 11. LOCAL PICKUP AND REMOVAL OF PROPERTY

Local pickup may be available by appointment.

All purchases must be removed within the pickup period communicated by SDLES.

Buyers are responsible for supplying all necessary packing materials, labor, equipment, and transportation.

Property must not be removed until payment has cleared in full.

SDLES is not responsible for loss or damage to property remaining after the designated pickup period.

## 12. STORAGE FEES AND ABANDONED PROPERTY

Property not collected within **seven (7) days** following notification that it is available for pickup may be subject to storage and handling fees.

Unless otherwise agreed in writing, SDLES reserves the right to charge reasonable storage and handling fees for property remaining in its possession.

Property remaining unclaimed for more than **twenty-one (21) days** after the auction or after notification that the property is available for pickup may, to the extent permitted by applicable law, be considered abandoned.

For abandoned property, SDLES may, after reasonable notice where required:

* store the property;
* move the property;
* resell the property;
* consign the property;
* dispose of the property; or
* take other lawful action.

The Buyer shall remain responsible for reasonable storage, transportation, handling, collection, resale, and related expenses resulting from failure to retrieve purchased property.

If abandoned property is resold, proceeds may be applied against amounts owed by the Buyer after deduction of applicable commissions, expenses, storage, and handling charges.

## 13. SHIPPING CLAIMS

The Buyer is responsible for promptly inspecting shipped merchandise upon delivery.

Any shipping damage should immediately be reported to the carrier or shipping provider.

The Buyer should retain all packaging materials and photograph:

* the exterior packaging;
* interior packaging;
* shipping label;
* damaged area; and
* complete item.

Failure to retain packaging or promptly report a claim may affect the Buyer's ability to recover compensation from the carrier or insurer.

## 14. DEFAULT

If a Buyer fails to comply with these Terms and Conditions, including failure to make payment when due, SDLES may exercise any remedies available under applicable law.

Such remedies may include, without limitation:

1. canceling the sale;
2. retaining payments already received to the extent legally permitted;
3. reselling the property publicly or privately;
4. holding the defaulting Buyer responsible for any deficiency between the original purchase price and resale price;
5. recovering reasonable storage, shipping, administrative, collection, resale, and legal costs;
6. restricting the Buyer from future auctions; and
7. reporting the default to LiveAuctioneers.

The Buyer may also be responsible for reasonable attorneys' fees and costs where permitted by law or awarded by a court or arbitrator.

## 15. FAILURE TO COMPLETE PURCHASE / CHARGEBACKS

A successful bid constitutes a binding purchase agreement.

A bidder may not cancel a transaction simply because they changed their mind, failed to review the lot description, misunderstood the auction format, did not inspect the photographs, or no longer wish to purchase the lot.

Fraudulent or improper payment disputes or chargebacks may result in suspension of bidding privileges and collection action to the extent permitted by law.

Nothing in this section limits any rights a consumer may have under applicable law.

## 16. LIMITATION OF LIABILITY

To the fullest extent permitted by law, SDLES's liability relating to any individual lot shall not exceed the amount actually paid to SDLES by the Buyer for that lot.

SDLES shall not be responsible for indirect, consequential, incidental, punitive, speculative, or special damages, including lost profits, lost resale opportunities, loss of anticipated value, or loss of investment potential.

## 17. CHANGES TO TERMS AND CONDITIONS

SDLES reserves the right to amend or update these Terms and Conditions.

Any material changes applicable to an auction may be posted on the LiveAuctioneers registration page or otherwise communicated before bidding closes.

Continued participation in the auction following publication of such changes constitutes acceptance of the revised terms.

## 18. GOVERNING LAW AND DISPUTES

These Terms and Conditions and all transactions arising from this auction shall be governed by the laws of the **State of California**, without regard to conflict-of-law principles.

Any legal proceeding that is not subject to arbitration shall, to the extent permitted by law, be brought in the appropriate court located in **San Diego County, California**.

## 19. ARBITRATION

To the fullest extent permitted by applicable law, any dispute arising between a Buyer and San Diego Liquidation and Estate Services Inc. relating to this auction, a purchased lot, these Terms and Conditions, or the parties' transaction may be resolved by binding arbitration in accordance with the rules of a mutually acceptable arbitration provider and California law.

Unless otherwise required by law or agreed by the parties, arbitration shall take place in **San Diego County, California**.

The decision of the arbitrator shall be final and binding, subject to any rights of review or enforcement provided by applicable law.

The prevailing party may recover reasonable attorneys' fees and arbitration costs where permitted by law or awarded by the arbitrator.

## 20. ACCEPTANCE OF TERMS

By registering, bidding, or purchasing property in this auction, the bidder and Buyer acknowledge that they have read, understood, and accepted these Terms and Conditions in their entirety.

Participation in the auction constitutes a legally binding agreement between the bidder or Buyer and:

**San Diego Liquidation and Estate Services Inc.**
San Diego, California

Auction conducted online through **LiveAuctioneers**.