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Conditions of Sale

Fine Art Terms and conditionsCONDITIONS OF AUCTION SALEThe following Conditions of Sale, including the appended notes and other information, whetherprinted or online, as they may be amended by any posted notices or oral announcements before orduring the auction sale, constitute the entire agreement between Barridoff Galleries, representing itsconsignors, and the bidder relative to the item being sold and the conduct of the sale. By registeringfor or participating in the sale, all bidders agree to the terms hereof.1. Barridoff Galleries acts as an agent for its consignors and the contract for sale is between theconsignor and the winning bidder with the exception of the buyer’s premium in paragraph 4. BarridoffGalleries may reject any bid for any reason. Items are sold with reserve and Barridoff Galleries mayreject any bid below the reserve. The auctioneer may bid on behalf of the consignor or of BarridoffGalleries. Barridoff Galleries reserves the right to withdraw any item at any time before its actualsale. The buyer will be the highest bidder acknowledged by the auctioneer. Barridoff Galleries hasthe authority to decide any disputes over the auction process in its sole discretion, and its decisionshall be final and binding. As a convenience to clients who cannot attend a sale in person,absentee/telephone bid forms may be found on the Barridoff Galleries website. Online bidding mayalso be available on one or more online auctioneering websites as announced by Barridoff Galleries,the conduct of which Barridoff Galleries takes no responsibility. Barridoff Galleries is not responsiblefor errors and omissions in connection with telephone, Internet or other absentee bidding. Bidderunderstands that any dispute regarding the auction or a purchased item is between the consignorand the winning bidder unless the dispute concerns the conduct of the sale or other issue withinBarridoff Galleries’ sole responsibility and control.2. Provenances are included in the catalog to the extent they are available. Estimates are included witheach lot (See note on estimates in paragraph 8.) Statements of condition may be provided herein.However, these provenances, estimates and statements and any other information provided byBarridoff Galleries or its staff are merely the opinion of Barridoff Galleries and may not be taken asstatements of fact to substitute research regarding and inspection of the item by the bidder. BarridoffGalleries, however, will endeavor to answer to the fullest extent possible any reasonable question,subject to the disclaimers herein. An item may be described as an attribution or “attributed to,”indicating that the authenticity of the item cannot be definitively determined (also see Old Masters inNotes and Other Information, below). The auctioneer may make corrections and provide additionalinformation as available at the time of sale.3. Barridoff Galleries is not responsible for errors and omissions contained in the catalog, presented bythe auctioneer or in any of the information detailed in paragraph 2. Barridoff Galleries makes norepresentation or warranty with respect to and is not responsible for the description, quality,condition, or authenticity of any items sold, and makes no warranty as to merchantability or fitnessfor a particular purpose. All items are sold “AS IS.” Prospective bidders bear sole responsibility toinspect an item before bidding to determine the item’s authenticity, condition, size and whether ornot is has been repaired or restored. No representation or warranty is made as to copyright of anyitem or whether the bidder acquires any reproduction rights of the item.4. Barridoff Galleries charges the winning bidder a premium to be added to the hammer price on eachitem purchased. This premium is equal to 24% of the hammer price up to and including$ 500,000.00, plus 17% of the hammer price over $ 500,000.00. The premium when bidding online isan additional 5%. A discount of 2% of the hammer price shall be given to any item paid for andremoved from the premises of the auction by the buyer or buyer’s representative on the day of the sale. This premium is due subsequent to sale separate from and regardless of any other issues thewinning bidder may present or dispute with the consignor of the item.5. Upon the fall of the auctioneer’s hammer, title to that item passes to the highest bidder, subject tothe terms hereof, who is bound by the sale and assumes full risk and responsibility therefore. Thewinning bidder authorizes Barridoff Galleries to sign a sales record, which shall be conclusive as tothe terms of the sale, on the winning bidder’s behalf. All items must be paid for, including anyadditional amounts owed under paragraph 6 or otherwise, and removed from the premises of theauction by the winning bidder, at the winning bidder’s expense, on the day of sale unless otherspecific arrangements have been made with Barridoff Galleries. Barridoff Galleries is not responsiblefor any loss by the winning bidder as a result of the damage or theft of an item subsequent to the fallof the hammer for that item. Payment for each item purchased must be made before the item isremoved. Only cash, certified check or verified credit card will be acceptable unless other suitablearrangements have been made with Barridoff Galleries at least five days before the auction. If itemswon at auction are not paid for and removed from the premises within 5 business days after the sale,additional charges may apply. Shipping, packing and any related expense of an item are the soleresponsibility of the buyer of the item. All sales are final and no refunds will be given with the limitedexception of circumstances under paragraph 7.6. If the winning bidder does not comply with any applicable conditions herein, Barridoff Galleries andthe consignor shall have all of the following nonexclusive rights and remedies, in addition to theirother remedies at law or in equity: the right a) to hold the winning bidder liable for the total purchaseprice plus interest of 1 ½ % per month; b) to cancel the sale and retain as liquidated damages allpayments made by the winning bidder; c) to resell the item, in which case the winning bidder shall beliable for any deficiency, cost, including handling charges, the expenses of both sales, commissionson both sales and all other charges and incidental damages; d) to charge 1% of the total purchaseprice per month, with a minimum charge of 5%, to handle any item not timely removed; e) to excludethe winning bidder and its agents or affiliates from all future auctions; f) to charge a reasonablestorage fee or g) to set off any amounts Barridoff or consignor owes the winning bidder. The winningbidder is responsible for the winning bidder’s premium due Barridoff Galleries under paragraph 4separate and apart from any other remedy listed in this paragraph. A winning bidder shall bedeemed to have granted to Barridoff Galleries and its consignor as collateral for bidder’s obligationshereunder a security interest in any item of the winning bidder in the possession of BarridoffGalleries or its consignor, who shall have all of the rights of a secured party in Maine and the law ofthe location of the item. Barridoff Galleries shall have all of the rights of the consignor to pursue allrights and remedies hereunder, and Barridoff Galleries and its consignors shall be entitled to all oftheir costs, including reasonable attorney’s fees, in enforcing their rights and remedies hereunder.Bidder waives any and all rights it may now or in the future have under any Maine law governingunclaimed or abandoned property.7. Disputes on the grounds of authenticity subsequent to sale must be made within 15 days of theauction and must be supported by the written testimony of at least two recognized experts in the fieldwith respect to the specific artist involved. Only if the disputed article is in the same condition aswhen sold will a rescission of the sale be considered. In the event Barridoff Galleries agrees torescind the sale, which decision shall be at Barridoff Galleries’ sole discretion, an amount equal tothe original hammer price shall be refunded to the winning bidder. Such rescission and refund isexclusive and in lieu of any other remedies which might otherwise be available as a matter of law. Inno event shall Barridoff Galleries’ or its consignor’s liability exceed the hammer price of the itemsold.8. Estimates. The high and low estimate given for an item are solely a guideline based upon BarridoffGalleries’ approximation as to the range within which an item may be sold for at auction. The reserveprice below which an item may not be sold is never higher than the low estimate, and sometimes isfar lower than the low estimate. An estimate is not a statement of value or selling price of an itemand Barridoff Galleries makes no guarantee, representation, or agreement as to the value or sellingprice of an item more than the Galleries’ opinion of the item’s possible auction price.9. All purchases are subject to Maine sales tax (5.5%) unless the bidder possesses a sales taxexemption number either from or acceptable to Maine Revenue Services and presents to BarridoffGalleries at or before the auction a valid signed certificate acceptable to Maine Revenue Servicesstating that Barridoff Galleries does not have to withhold Maine sales tax on the purchase. Mainesales tax is applicable to the full purchase price, which includes the hammer price plus the premiumunder paragraph 4.10. The descriptions used in this catalog may not be reproduced in any manner without the writtenauthorization of Barridoff Galleries.11. The Uniform Commercial Code Title 11, Section 2-328 applies to this auction sale. These conditionsof sale are governed by and shall be interpreted under Maine law, and any conflicts hereunder shallbe decided in the state and federal courts located in Cumberland County, Maine, and all bidderssubmit themselves to the jurisdiction thereof. The regulating authority of this auction is the Board ofLicensing of Auctioneers, 35 State House Station, Augusta ME 04333-0035.12. Unless agreed otherwise in writing between Barridoff Galleries and the bidder, these terms andconditions, whenever applicable, apply to all private sales, post auction sales and any othertransaction between the parties not conducted at the auction sale.NOTES AND OTHER INFORMATIONABBREVIATIONSl.c. lower centerl.l. lower leftl.r lower rightu.c. upper centeru.l. upper leftu.r. upper rightb. bornc. circaAm. AmericanBr. BritishEur. EuropeanFr. FrenchGer. GermanIt. Italianh. heightw. widthl. lengthd. depthSHIPPINGFor the buyer’s convenience, Barridoff Galleries has arranged for representatives of The UPS Storein South Portland to be at the auction to help arrange the shipping of any purchases directly from thepremises or, as a free service to Barridoff clients, to help pack to carry away any purchase that day.Barridoff Galleries assumes no responsibility of any kind for providing this service. Buyers shouldotherwise make arrangements to collect or ship purchases in a timely manner following the sale.FRAMESIf a frame is thought to be original to the work of art or of some other particular interest based uponits history, value or beauty, it may be illustrated; but the illustration is in no way to be considered aguarantee of same and nothing about the frame is included in any catalog entry.OLD MASTERSAll works by Old Masters, including school, manner and other related information including dates arenow by policy offered as attributions because, in the opinion of Barridoff Galleries, there has beentoo little or no known opportunity for a consensus, extensive research or singular expertise orbecause such opportunities often result in significant changes and varied opinions. However, allattributions are, in the opinion of Barridoff Galleries, appropriate as cataloged.CONDITION REPORTSCondition reports may be in the catalog and are available upon request. However, informationprovided by Barridoff Galleries pertaining to the condition of any auction lot is for the bidder to use orinterpret as the bidder sees fit. A condition report is in no way a guarantee, nor should it beconsidered an expert opinion. All prints (etchings, lithographs, silkscreens, etc.), to the best ofBarridoff Galleries’ knowledge, have full margins unless otherwise noted. All lots should beexamined by potential bidders. Because few lots are examined by Barridoff Galleries out of theirframes, potential bidders should assume that condition reports only include areas that are clearlyvisible unless otherwise stated.SIZEUnless otherwise noted, the size of each item is measured height by width in inches and does notinclude the frame. Sizes are approximate. The term “actual” means the actual size of the itemwithout any frame or other appendage, “framed” means the size of the item including the frame and“sight” means the visible portion of the item when the actual size is covered or obscured and unableto be determined. The terms regarding information in paragraph 2 apply to information regardingsizes provided by Barridoff Galleries.ONLINE CATALOGS, LIVE PHONE BIDDING, AND ONLINEBIDDINGPhone bids will be allowed on a limited first-come, first-served basis. Phone bidders must makearrangements in advance. Barridoff Galleries provides phones as a service for bidders who cannotattend the auction, but phones are not the perfect medium for bidding at an auction under anycircumstances and cell phones, while useful, can be particularly difficult. Bidders should be mindfulof these limitations if choosing to bid by phone. Bidding may also be available online in real time atbarridoff.com, invaluable.com, and liveauctioneers.com. Bidders are advised to familiarizethemselves with the rules and procedures provided thereon prior to bidding. Barridoff Galleries is notresponsible for any difficulties, technical or otherwise, that may be experienced through biddingother than in person.ADDITIONS AND ERRATA.Additions consigned too late to be included in the bound copy of the catalog will be found on acontinually updated separate sheet to the extent possible. All additions will be included on the finalsheet available at the auction and will be placed sequentially at the end of the sale. Digital catalogswill be updated daily. Lot numbers will correspond with the printed catalog and additions sheets.Errata will also be published in the updated sheet listing any corrections of inaccuracies or additionalinformation concerning the original catalog.PROVENANCEProvenance is listed insofar as it is known or is allowed to be published by the owner. The conditionsregarding information in paragraph 2 apply to any provenance information provided by BarridoffGalleries.TITLESTitles are provided for most items in the sale. A title bounded by quotation marks indicates that it isthe official title of the item. A title not bounded by quotation marks is an unofficial title or a briefdescription used to identify the item.OFFERS FOR PREVIOUS SALESBarridoff Galleries accepts offers for items sold at former auctions at prices above the prior hammerprice acceptable to participating winning bidders. If Barridoff Galleries receives and determinessuitable a bona fide offer for an item, Barridoff Galleries will relay the offer to the winning bidder forconsideration and acceptance. If the winning bidder accepts the offer, the applicable standardconditions of sale apply to the transaction.NEW FEATURES AT BARRIDOFF GALLERIESThere are several new features at Barridoff Galleries. The first feature is Barridoff Galleries isoffering a discount on the bidder’s premium equal to 2% of the hammer price for items paid for andremoved from the auction premises the day of the auction. The second feature is that BarridoffGalleries now accepts credit cards. Bidders should speak to a Barridoff Galleries representative tomake arrangements if paying by credit card.AUCTIONEERWilliam J. Milliken. ME license number AUC1627.