CONDITIONS OF SALE FOR BENEFIT AUCTIONS

The property offered in the sale will be offered and sold by CCA. Any questions should be directed to CCA. The following terms and conditions, as amended by any posted notices or oral announcements during the sale govern the sale of all the property offered at the auction:

1. (a). Neither The Auctioneer nor CCA assume any risk, liability or responsibility for the authenticity or the authorship of any property offered at this auction (that is, the identity of the creator or the period, culture, source or origin, as the case may be, with which the creation of any property is identified). (b). All Property is sold “as is” and neither The Auctioneer nor CCA makes any representation or warranties of any kind or nature, expressed or implied, with respect to the property, and in no event shall either of them be responsible for the correctness of any catalogue or notices or descriptions of property, nor be deemed to have made, any representations or warranty of physical condition, size, quality, rarity, importance, genuineness, attribution, authenticity, provenance or historical relevance of the property. No statement in any catalogue, notice or description or made at the sale, in any bill of sale invoice or elsewhere, shall be deemed such a representation or warranty any assumption of liability. Neither the Auctioneer nor CCA make any representation or warranty, expressed or implied, as to whether the purchaser acquires any reproduction rights in the property. Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored.

2. Any property may be withdrawn by The Auctioneer or CCA at any time before the actual sale without any liability.

3. The Auctioneer and CCA reserve the right to reject a bid from any bidder. The highest bidder acknowledged by the Auctioneer shall be the purchaser. In the event of any dispute between bidders, the Auctioneer shall have sole and final discretion either to determine the successful bidder or to reoffer and resell the property in dispute. If any dispute arises after the sale, CCA’s sale records shall be conclusive in all respects.

4. If the Auctioneer determines that any opening bid is not commensurate with the value of the article offered, he may reject the same and withdraw the article from sale, and if, having acknowledged an opening bid, he decides that any advance thereafter, is insufficient, he may reject the advance.

5. On the fall of the Auctioneer’s hammer, the highest bidder shall be deemed to have purchased the offered Lot subject to all of the conditions set forth herein and thereupon (a) assumes the risk and responsibility thereof (including without limitation damage to frames or glass the covering prints), (b) will sign a confirmation of purchase thereof and (c) will pay the full purchase price therefore or such part as CCA may require. All property shall be removed from CCA premises by the purchaser at his expense no later than three days following its sale. If the foregoing conditions and other applicable conditions are not complied with, in addition to other remedies available to CCA by law, including, without limitation, the right to hold the purchaser liable for the bid price, CCA at their option, may either (a cancel the sale, or (b) resell the property on three days notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for payment of an deficiency, all other charges due hereunder and incidental damages.

6. Any checks should be payable to CCA.

7. (a) In the case of order bids or bids transmitted by telephone, CCA is not responsible for any errors or omissions in connection with such bids.
(b) All lots are offered for sale subject to a reserve, which is the confidential minimum price below which such lot will not be sold. The Auctioneer may implement such reserve by bidding up to the reserve on behalf of CCA.

8. CCA is not responsible for the acts or omission of carriers of purchased lots, whether or not recommended by them. Handling of purchased lots by CCA or its agent is at the entire risk of the purchaser.

9. The Conditions of Sale as well as the purchaser’s. The Auctioneer and CCA’s respective rights and obligations hereunder shall be governed by and construed and enforced in accordance with the laws of New Mexico. By bidding at an auction, whether present in person, or by an agent, order bid, or other means, the purchaser shall be deemed to have consented to the jurisdiction of the state and federal courts of the State of New Mexico.