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(e) All Sales Final: Notwithstanding other terms mentioned herein, refunds shall be given at Moran’s sole discretion. Refunds
requested on the grounds of authenticity must be made within 10 days of the auction and accompanied by a supporting written
statement from a recognized authority (defined as a person who has authored, edited, or substantially contributed to a monograph
on the artist, a person who has curated, organized or substantially contributed to a solo exhibition on the artist, a person who has
represented the artist’s estate or someone who represented or worked closely with the artist while they were alive and, in any of
the above instances physically handled works of the period, medium and subject matter in question during the course of their duties)
stating that the object sold is incorrect or not the work of the artist. Dealers, appraisers and representatives of other auction firms do
not qualify as authenticators of individual artists unless they have had such specific involvement with that artist’s work, as specified
above, in addition to their daily duties. Refunded lots must be returned to Moran’s in the same condition as when sold. Moran’s does
not grant extensions to refund considerations based upon authenticity due to shipping delays. There are no exceptions to this refund
policy.
LIABILITY AND LIMITED WARRANTY
(a) Liability: The buyer expressly agrees that (i) neither Moran’s nor the seller shall be liable, in whole or in part, for any special,
indirect or consequential damages, including, without limitation, loss of profits and (ii) the buyer’s damages, if any, are limited
exclusively to the original purchase price paid for the lot.
(b) Limited Warranty: All property is sold as is. Neither Moran’s nor the consignor or our associates make any representation,
express or implied warranty (including merchantability and fitness) or guarantee in condition, size, provenance, medium, signature,
inscription, exhibition history, importance, rarity, country of origin, age, genuineness, historical relevance, monetary or other value,
framing or lack thereof, mounting, conservation, coloring, palette, inscription, edition, style, label or other descriptor. No statement in
the catalogue, brochures, website, bill of sale or invoice, any supplementary material, or statements by any Moran’s employee shall be
deemed such a warranty or representation or an assumption of liability.
(c) Descriptions: No warranty, whether express or implied, is made with respect to any description contained in this auction or any
second opinion. Any description of the items or second opinion is for the courtesy of identifying the items for those Bidders who do
not have the opportunity to view the lots in person, and no description of items has been made part of the basis of the transaction or
has created any express warranty that the goods would conform to any description made by the Auctioneer. Color variations can be
expected in any electronic or printed imaging, and are not grounds for the return of any lot.
(d) Estimates: All estimates provided are carefully considered opinions of Moran’s specialists, and are merely suggested guidelines
for interested buyers. Buyers must be aware that all property sold is subject to fluctuating values depending on the subjective
interests of collectors and a wide variety of other uncontrollable factors. The lots auctioned may sell at prices above, within, or below
estimate.
(e) Notices, Demands and Refunds: Any demands for refunds, problems with the lot(s) sold or notices of any kind concerning the
auction shall be in writing and addressed to John Moran Auctioneers, Inc, 735 West Woodbury Road, Altadena, California 91001.
ADDITIONAL MATTERS
(a) Copyright: The copyright on all images, illustrations and written material produced by or for Moran’s for this auction
is and shall remain at all times the property of Moran’s. Moran’s and the seller make no representation or warranty that
the buyer will acquire any copyright or reproduction rights to a purchased lot.
(b) Buyer’s Breach of Conditions: If a buyer fails to comply with any of these conditions, Moran’s may, in addition to asserting
all remedies available by law, including the right to hold that buyer liable for the purchase price, (i) cancel the sale, retaining as
liquidated damages any payment made by the buyer, (ii) resell the property without reserve at public auction or privately upon notice
to the buyer, or (iii) take such other action as we deem necessary or appropriate. If Moran’s resells the property, the original defaulting
buyer shall be liable for the payment of any deficiency between the original sale price and any subsequent mitigation sale, including
warehousing, the expenses of both sales, reasonable attorney’s fees, commissions, incidental damages and all other charges due
hereunder. In the event that such buyer pays a portion of the purchase price for any property, Moran’s shall apply the payment received
to such property that Moran’s in our sole discretion, deems appropriate. Moran’s shall have the benefit of all rights of a secured party
under the Uniform Commercial Code adopted in the State of California.
(c) Severability: Should any of these conditions be deemed unenforceable, invalid or illegal in any court having jurisdiction, that part
shall be discounted and shall have no effect on the enforceability of the remaining provisions contained herein, which shall remain
valid to the fullest extent permitted by law.
(d) Jurisdiction: The rights and obligations of the parties with respect to these conditions and the conduct of the auction shall be
governed and interpreted by the laws of the State of California. By bidding, whether in person or by agent, by absentee bid, telephone,
internet or other means, the buyer shall be deemed to have consented to the exclusive jurisdiction of the courts of the state of
California or, if applicable, the federal courts sitting in this state. Further, the buyer agrees that the venue for any action arising out
of the failure to abide by these conditions, or any conduct related to or arising out of the auction, shall be the Los Angeles Superior
Court, Pasadena Branch located at 300 E. Walnut Street, Pasadena, California 91101 or the Federal Court Central District located at
312 North Spring Street, Los Angeles, California, 90012-4793.
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