Paper No. 4

Please read the following in its entirety for clarification on any detail not otherwise explicit. For further clarity on terms, auction procedure, etc., please contact us directly at info@catalogprojects.com

Each Lot in an auction listed by Catalog Projects is offered subject to the following Terms and Conditions of Sale ("Terms"). By Registering to Bid, Bidding, or otherwise purchasing a Lot from Catalog Sale, you agree to be bound by these Terms.

In these Terms, "we," "us," "our," "Catalog Sale" or similar terms mean Catalog Sale, LLC and any of its agents, and "you," "your," "buyer" or similar mean a person Bidding on or buying a Lot at Catalog Sale.


1 Bidding

You must Register to Bid with us ahead of the sale. We reserve the right to require photo identification; bank references; a credit card.

Your Bid constitutes a legally binding agreement to purchase the Lot in accordance with your Bid if accepted by the auctioneer. You agree to assume personal responsibility to pay the Purchase Price Bid, plus the Buyer's Premium and any additional charges that become due and payable in connection with your purchase of a Lot; and that upon the auctioneer's closing a particular lot by any means, if your last Bid is the Purchase Price Bid, you agree to purchase the Lot and assume all risk of loss and damage to such Lot, in addition to any obligations, costs and expenses relating to its handling, shipping, insurance, taxes and export. All sales are final.

The auctioneer has the right to advance the bidding, to reject any Bid offered, to withdraw any lot, to reoffer and resell any lot, and to resolve any dispute pertaining to the auction. The judgment of the auctioneer is final, and is binding.

Reserve: All Lots may be offered subject to a confidential minimum price below which the Lot will not be sold (the "Reserve"). 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.


2 Payment and Collection

You agree to pay all Buyer Costs immediately following Catalog Sale?s acceptance of the Purchase Price Bid. All payments must be made in US Dollars, in any of the following acceptable forms of payment:

Cash
Check, with acceptable identification
Visa, MasterCard or American Express.
LivePayments
Catalog Sale reserves the right to charge and collect an additional 3% of payments made by credit card.

Catalog Sale reserves the right to delay delivery of or otherwise prevent access to any purchased Lot until all Buyer Costs have been received. Notwithstanding passage of title, risk of loss to a Lot passes immediately to the buyer upon Catalog Sale?s acceptance of a Purchase Price Bid. All sales are final.

Delivery: Buyer is solely responsible for collection of purchased Lots from Catalog Sale?s facilities, including making arrangements and paying all costs associated with packing and delivery. We may, as a courtesy to the buyer, provide or arrange packing, shipping or similar logistical services, or refer the buyer to third parties who specialize in these services. Any such services referred, provided or arranged by us are at the buyer's sole risk and expense, we assume no responsibility for any act or omission of any party in connection with any such service or reference, and we make no representations or warranties regarding such parties or their services. You expressly release Catalog Sale from any and all liability arising from your use of any third-party website or services.

Storage: Abandonment And Related Charges All purchased Lots not collected from Catalog Sale?s facilities by buyer or buyer's authorized agents within thirty (30) days following the Sale Date will become subject to storage fees of not less than $5 per day. A late payment fee equal to 1.5% per month may be assessed on any Buyer Costs remaining unpaid thirty (30) days following the Sale Date. If a purchased Lot has not been collected from us within sixty (60) days after the Sale Date, and Catalog Sale has not consented to continue to store the Lot, the buyer will be deemed to have defaulted under these Terms, and, in addition to any other remedies we may have at law or equity, we shall be entitled to foreclose on the Security Interest by selling such Lots and using the proceeds from such sale for any purpose (including payment of storage fees and administrative expenses of handling such matter), without any further liability to the buyer. You agree that this remedy is reasonable in light of the costs Catalog Sale would incur to continue to store purchased Lots after sale.

Breach: If a buyer fails to make payment as required in these Terms, or breaches any other representation or warranty in this Agreement, we shall be entitled, in our discretion, to exercise any remedies legally available to us, including, but not limited to, the following:

(1) cancellation of the sale of the Lot to the non-paying buyer, including the sale of any other Lot to the same buyer (whether or not paid);

(2) reselling the Lot, at public or private sale, with or without reserve;

(3) retention of all amounts already paid by the buyer to Catalog Sale, which shall constitute a processing and restocking fee (which you acknowledge would be reasonable in light of the costs Catalog Sale would have to incur to process your breach and attempt to re-auction or resell the Lot);

(4) rejection of any Bids by the buyer at future auctions;

(5) setting-off any amounts owed by Catalog Sale to the buyer in satisfaction of unpaid amounts; and/or

(6) taking any other action we deem necessary or appropriate under the circumstances.


3 Limited Warranty

"As Is", "Where Is": Except as expressly stated below, each Lot is sold "as is" "where is", with no representation or warranty of any kind from any party (including Catalog Sale or the consignors of the Lots), express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. Because you are responsible for satisfying yourself as to condition or any other matter concerning each purchased Lot, you are advised to personally examine any Lot on which you intend to bid prior to the auction and/or sale. As a courtesy, condition reports for any Lot are available from Catalog Sale prior to the sale, but Catalog Sale assumes no responsibility for errors and omissions contained in any such report, or other description of a Lot. Any statements made by Catalog Sale with respect to a Lot (whether in a condition report, or on the Catalog Sale website), whether orally or in writing, are intended as statements of opinion only, are not to be relied upon as statements of fact and do not constitute representations or warranties of any kind.

Authorship: Catalog Sale makes no warranty to the authorship of any Lot unless explicitly stated, and not referred to as being ?in the manner of?, ?after?, ?in the style of?, ?attributed to? or other similar terms.

Limit Of Liability: In no event shall Catalog Sale be liable to you or any third party for any consequential, exemplary, indirect, special, punitive, incidental or similar damages, whether foreseeable or unforeseeable, regardless of the cause of action on which they are based, even if advised of the possibility of such damages occurring. With respect to any sale of a lot, in no event shall Catalog Sale be liable to you or any third party for losses in excess of the purchase price paid by you to Catalog Sale for such lot to which the claim relates.


4 Copyright

Catalog Sale retains ownership of our intellectual property rights, including, without limitation, rights to the copyrights and trademarks and other images, logos, text, graphics, icons.


5 Governing Law

These Terms are governed by and interpreted in accordance with the law of the State of New York and, by Registering to Bid or Bidding at Catalog Sale (whether personally, by telephone or by agent), you agree to submit to the exclusive jurisdiction of the state and federal courts located in Queens County, New York in connection with any matter related to these Terms.

6 Expenses

In addition to the foregoing, you agree to pay to Catalog Sale on demand the amount of all expenses paid or incurred by Catalog Sale, including attorneys' fees and court costs paid or incurred by Catalog Sale in exercising or enforcing any of its rights hereunder or under applicable law, together with interest on all such amounts at 1.5% per month (the "Enforcement Costs") within thirty (30) days of the buyer's receipt of Catalog Sale?s invoice for such Enforcement Costs.


7 Definitions

The following terms have the following meanings:

"Author" and "Authorship" have the meanings given in Section 3.

"Bidding", "Bid" or "place a Bid" means a prospective buyer's indication or offer of a price they will pay to purchase a Lot at a Catalog Sale which conforms with the provisions of Section 1.

"Buyer Costs" has the meaning given in Section 2.

"Buyer's Premium" means the following for any Lot: (i) 25% of the Hammer Price (or part thereof) up to and including $250,000; (ii) 20% of the Hammer Price (or part thereof) in excess of $250,000. An additional premium of 3% will be added to any successful bid accepted through a third-party site.

"Hammer Price" means the price for a Lot established by the last bidder and acknowledged by the auctioneer before dropping the hammer or gavel or otherwise indicating the bidding on such Lot has closed.

"Lot" means the personal property offered for sale by Catalog Sale.

"Passed Lot" a Lot which does not reach its reserve or otherwise fails to sell at a Catalog Sale Auction.

"Purchase Price Bid" means the bid submitted by a Buyer for a Lot which is accepted as the Hammer Price.

"Register to Bid" or "Registering to Bid" means providing Catalog Sale with your complete, accurate contact information (including address, phone and email) and a current, valid credit card number (including security code), and (i) in the case of phone or absentee bidders, a properly completed Catalog Sale bid form

"Reserve" has the meaning given in Section 1.

"Sale Date" means, in the case of Catalog Sale Auctions, the date of the closing of bidding for a particular Lot and acceptance of the Purchase Price Bid for such Lot.


"Terms" has the meaning given in the Introduction to this Agreement.

"Catalog Sale Auction" means the sale of Lots to the public through competitive bidding administered by Catalog Sale (including sales administered through a third-party Internet auctioneer authorized by Catalog Sale).