Old Master, Modern & Contemporary Prints - Doyle New York

Conditions of sale continuedterms of guaranteePrior to the sale, the buyer must provide us withhis or her name and permanent address and, if sorequested, details of the bank from whichpayment will be made.The balance of the purchase price, if any, will bepaid not later than 5 pm one (1) day followingthe day of the auction. Such payment shall bemade in U.S. dollars by certified or cashier checkdrawn on a U.S. bank unless other arrangementsare made with Doyle New York. The buyer willnot acquire title to the lot until we have receivedall amounts due to us from the buyer in goodcleared funds even in circumstances where wehave released the lot to the buyer. Doyle NewYork reserves the right to hold merchandisepurchased by personal check until the check hascleared the bank. The purchaser agrees to payDoyle New York a handling charge of $35 for anycheck dis d by the drawee.At some auctions there may be a video or digitalscreen. Errors may occur in its operation and inthe quality of the image, and Doyle New Yorkdoes not accept liability for such errors.8. REMEDIES AVAILABLE TODOYLE NEW YORKIn addition to the other remedies available tous by law, we reserve the right to impose a latecharge of 1 1/2% per month of the total purchaseprice if payment is not made in accordance withthe conditions set forth herein. All property mustbe removed from our premises by the purchaserat their expense not later than (2) business daysfollowing its sale and, if it is not removed, DoyleNew York reserves the right to charge a minimumstorage fee of $5 per lot per day or to deliver theproperty to a public warehouse for storage at thepurchaser’s expense, to be released only afterpayment in full of all removal, storage, handling,insurance and any other costs incurred, togetherwith payment of all other amounts due to us.Doyle New York shall have no liability for anydamage to property left on its premises for morethan (2) days following the sale.If any applicable conditions herein are notcomplied with by the purchaser, in addition toother remedies available to us and the consignorby law, including without limitation the right tohold the purchaser liable for the total purchaseprice, including all fees, charges and expensesmore fully set forth herein, we shall be entitledin our absolute discretion to exercise one or moreof the following rights or remedies:a) To charge interest at such rate as we shallreasonably select;b) To hold the defaulting buyer liable for the totalamount due and to commence legal proceedingsfor its recovery together with interest, legal feesand costs to the fullest extent permitted underapplicable law;c) Cancel the sale of that, or any other lot or lotssold to the defaulting purchaser at the same orany other auction, retaining as liquidateddamages all payments made by the purchaser;d) Resell the property whether at private sale orpublic auction without reserve, and the purchaserwill be liable for any deficiency, cost, includinghandling charges, the expenses of both sales,our commission on both sales at our regularrate, all other charges due hereunder andincidental damages;e) To set off the outstanding amount remainingunpaid by the buyer against any amounts whichwe may owe the buyer in any other transactions;f) Where several amounts are owed by the buyerto us, in respect of different transactions, to applyany amount paid to discharge any amount owedin respect of any particular transaction, whetheror not the buyer so directs;g) To reject at any future auction any bids madeby or on behalf of the buyer or to require adeposit from the buyer before acceptingany bids;h) To take such other actions as we deemnecessary or appropriate; ori) To effect any combination thereof.In addition, a defaulting purchaser will bedeemed to have granted and assigned to us acontinuing security interest of first priority in, andwe may retain as collateral security for suchpurchaser’s obligations to us, any property ormoney of or owing to such purchaser in ourpossession. We shall have all of the rightsaccorded a secured party under the New YorkUniform Commercial Code with respect to suchproperty and we may apply against suchobligations all monies held or received by us forthe account of, or due from us, to such purchaser.At our option, payment will not be deemed tohave been made in full until we have collectedfunds represented by checks, or in the case ofbank or cashier’s checks, we have confirmed theirauthenticity. In the event the purchaser fails topay any or all of the total purchaser price for anylot and Doyle New York nonetheless elects to paythe consignor any portion of the sale proceeds,the purchaser acknowledges that Doyle NewYork shall have all of the rights of the consignorto pursue the purchaser for any amounts paid tothe consignor, whether at law, in equity, or underthese Conditions of Sale.9. LIMITED LIABILITYIf for any cause a purchased lot cannot bedelivered in as good condition as at the timeof sale, or should any purchased lot be stolenor mis-delivered or lost prior to delivery, DoyleNew York shall not be liable for any amount inexcess of that paid by the purchaser. We are notresponsible for the acts or omissions of carriersor packers of purchased lots, whether or notrecommended by us. Packing and handling ofpurchased lots by us is at the entire risk of thepurchaser and Doyle New York will have noliability for any loss or damage to such items.10. DOYLE NEW YORK EMPLOYEESEmployees of Doyle New York are not prohibitedfrom bidding on property. In the course of theiremployment it is possible that they may haveaccess to information not available to the public.11. WAIVER OF CONDITIONSAny and all of these conditions may be waivedor modified in the sole discretion of Doyle NewYork. The Conditions of Sale, Terms of Guarantee,the glossary, if any, and all other contents of thiscatalogue are subject to amendment by us byoral announcements made during the sale.Salesroom notices amend the cataloguedescription of a lot after our catalogue has goneto press. They are posted in the viewing galleriesand salesroom or are announced by theauctioneer. Please take note of them.12. All measurements and weight areapproximate.Doyle New York is not responsible for damageof glass covering paintings, drawings, other worksor frames and lamp shades regardless of cause.13. If any part of these Conditions of Sale isfound by any court to be invalid, illegal orunenforceable, the balance of the conditions shallcontinue to be valid to the fullest extentpermitted by law.14. The rights and obligations of the parties withrespect to these Conditions of Sale and Termsof Guarantee, as well as the purchaser’s and ourrespective rights and obligations hereunder,the conduct of the auction and any mattersconnected with any of the foregoing, shall begoverned and interpreted by the laws of theState of New York. By bidding at auction, whetherpresent in person or by agent, by written bid,telephone or other means, the buyer shall bedeemed to have submitted, for the benefit ofDoyle New York, to the exclusive jurisdiction ofthe federal or state courts located in the state andcounty of New York and waives any objection tothe jurisdiction and venue of any such court.Doyle New York warrants the authenticity ofauthorship of each lot contained in this cataloguesolely and expressly subject to the terms andconditions set forth below.1. DEFINITION OF AUTHORSHIP“Authorship” is defined as the artist, artisan,workshop, designer, school, period, culture, orsource of origin, as applicable and indicated inthe description of the lot. The warrantedinformation appears in bold print immediatelyfollowing the individual lot number; no otherlanguage in the catalogue is warranted, includingany supplemental material which appears belowthe bold print headings. Doyle New York is notresponsible for any errors or omissions in anymaterial, which appears below the bold printheadings. The description of authorship in thiscatalogue may be amended by a supplement tothe catalogue, or by notices or announcementsat the time and place of the auction sale. Thiscatalogue may contain one or more glossariesexplaining the terminology used in the catalogue.All terminology used in this catalogue, includingthe contents of the glossaries, are merelyqualified statements or opinions and are notintended or made as warranted statements orrepresentations under these Terms of Guarantee.Doyle New York makes no warranties whatsoever,express or implied, with respect to any materialin the catalogue, except as set forth in bold printheadings following individual lot numbers in thiscatalogue and subject to the exclusions setforth below.2. COVERAGE UNDERTHE GUARANTEESubject to the exclusions set forth below inparagraphs 5 and 6, Doyle New York warrants theauthorship (as that term is defined above) of eachlot in this catalogue for a period of five years fromthe date of the sale of the lot. The guarantee ismade only to the original purchaser of record atthe auction, and only the registered bidder forthe lot at the auction will be considered as theoriginal purchaser. The buyer must give writtennotice of claim within five years from the date ofthe auction. Doyle New York may require,at its option, to have the purchaser obtain at thepurchaser’s expense the opinion of tworecognized experts (approved by Doyle NewYork) in the field relating to the item in question,before Doyle New York determines whether torescind a sale under the above warranty. Uponrequest, Doyle New York will provide thepurchaser with the names of acceptable experts.3. NON-ASSIGNABILITYThe benefits of this warranty are not assignableand shall be applicable only to the originalpurchaser of record (i.e., the registered bidder)and not to any subsequent owners (including,without limitation, donees, heirs, successors,beneficiaries or assigns) who have, or mayacquire, an interest in any purchased property.The original buyer must have remained the ownerof the lot without disposing of any interest in it toany third party.4. SOLE REMEDYThe purchaser agrees that in the case of a breachof warranty under these Terms of Guarantee, heshall have no remedy other than rescission of thesale and the refund of the original purchase pricepaid. The original purchase price paid is definedas the amount of the successful bid price, plus thebuyer’s premium. No rescission and refund will bemade unless the item is returned to Doyle NewYork at 175 East 87th Street, New York, NY 10128,in the same condition as at the time of sale. Theremedy of rescission and refund is exclusive andthe purchaser waives any other remedy whichmay be otherwise available in law or equity.Doyle New York shall not be liable for any special,consequential or incidental damages incurredor claimed including, without limitation, loss ofprofits or for interest.5. EXCLUSIONSThis warranty does not apply to:i. authorship of any paintings, drawings orsculpture created prior to 1870, unless the lot isdetermined to be a counterfeit which has a valueat the date of the claim for rescission which ismaterially less than the purchase price paid forthe lot; orii. any catalogue description where it wasspecifically mentioned that there is a conflict ofspecialist opinion on the authorship of a lot; oriii. authorship which on the date of sale was inaccordance with the then generally acceptedopinion of scholars and specialists, despitethe subsequent discovery of new information,whether historical or physical, concerning the artistor craftsman, his students, school,workshop or followers; oriv. the identification of periods or dates ofexecution which may be proven inaccurate bymeans of scientific processes not generallyaccepted for use until after publication of thecatalogue, or which were unreasonably expensiveor impractical to use at the time of publication ofthe catalogue.The term counterfeit is defined as a modern fakeor forgery, made less than fifty years ago, andmade with the intent to deceive. The authenticityof signatures, monograms, initials or other similarindications of authorship is expressly excluded asa controlling factor in determining whether a workis a counterfeit under the meaning of this Termsof Warranty.6. LIMITED WARRANTYAs stated in paragraph 2 of the Conditions ofSale, neither Doyle New York nor its consignormakes any express or implied representations orwarranties whatsoever concerning any propertyin the catalogue, including without limitation,any warranty of merchantability or fitness for aparticular purpose, except as specifically andexpressly provided in these Terms of Guarantee.IIIIV