Conditions of Sale

The property described in the 2006 Auction catalogue (printed or online), as amended by any posted notices or oral announcements during the sale, will be sold by Higgins Harte International Galleries,LLC (HHIG) as agent for various owners (the Consignors). These CONDITIONS OF SALE, and the LIMITED WARRANTY and ADVICE TO PROSPECTIVE BIDDERS set forth elsewhere in the catalogue are the complete and only terms and conditions on which all property is offered for sale. By bidding at auction (whether present in person or by agent, by written or telephone bid, or by any other means) the buyer agrees to be bound by these Conditions of Sale.

1. THE AUTHENTICITY OF PROPERTY LISTED IN THE ONLINE CATALOGUE and HARDCOPY CATALOGUE IS WARRANTED TO THE EXTENT STATED IN THE "LIMITED WARRANTY." EXCEPT AS PROVIDED THEREIN, ALL PROPERTY IS SOLD "AS IS" AND NEITHER HHIG NOR THE CONSIGNOR MAKES ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY OR ITS VALUE, AND IN NO EVENTSHALL THEY BE RESPONSIBLE FOR CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE, AUTHENTICITY, AUTHORSHIP, COMPLETENESS, CONDITION OF THE PROPERTY OR ESTIMATE OF VALUE. NO STATEMENT (ORAL OR WRITTEN) IN THE CATALOGUE, AT THE SALE, OR ELSEWHERE SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION, OR ANY ASSUMPTION OF RESPONSIBILITY.

2. All bids are to be per lot as numbered in the catalogue (online or hardcopy).

3. NEITHER HHIG NOR THE CONSIGNOR MAKES ANY REPRESENTATION THAT THE PURCHASER OF PRINTS or WORKS OF ART WILL ACQUIRE ANY COPYRIGHT OR REPRODUCTION RIGHTS THERETO.

4. HHIG reserves the absolute right (a) to withdraw any property at any time before its actual final sale, including during the bidding,and (b) to refuse any bid from any bidder. The auctioneer is the sole judge as to the amount to be advanced by each succeeding bid.

5. Any right of the purchaser under this agreement or under the law shall not be assignable and shall be enforceable only by the original purchaser and not by any subsequent owner or any person who shall subsequently acquire any interest. No purchaser shall be entitled to any remedy, relief or damages beyond return of the property,rescission of the sale and refund of the purchase price; and without limitation, no purchaser shall be entitled to damages of any kind.

6. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have the absolute discretion either to determine the successful bidder or to re-offer and resell the lot in dispute. If any dispute arises after the sale, HHIG’s sales records shall be conclusive as to the purchaser, amount of highest bid, and in all other respects.

7. The purchase price paid by a purchaser shall be the sum of the final bid and a buyer's premium of 15% of the final bid on each lot (“the Buyer's Premium”), plus all applicable sales tax. An additional buyer’s premium may be charged on any purchase made through a live online auction as posted by HHIG in accordance with such live online auction.

8. On the fall of the auctioneer's hammer, title to the offered lot or article will pass to the highest acknowledged bidder, who thereupon (a) immediately assumes full risk and responsibility therefor, (b) will immediately sign a confirmation of the purchase therefor, setting forth his name and address, and (c) will immediately pay the full purchase price therefor. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to HHIG and the Consignor by law (including without limitation the right to hold the purchaser liable for the bid price), Swann, at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or (b) resell the property, either publicly or privately, for the account and risk of the purchaser, and in such event the purchaser shall be liable for the payment of all deficiencies plus all costs, including warehousing, the expenses of both sales, and HHIG's commission at its regular rates and all other charges due hereunder.

9. All property shall be removed from HHIG by the purchaser at his expense no later than five (5) days following its sale, and if not so removed may, at HHIG's option,be sent by HHIG to a public warehouse at the account, risk and expense of the purchaser. Whether sent to a warehouse or stored by HHIG, the purchaser shall be liable for all actual expenses incurred plus a storage charge of 5% of the purchase price.

10. The rights and obligations of the parties shall be governed by the laws of the State of Hawaii. All bidders and the purchaser submit to the personal jurisdiction of the Hawaii State courts and their rules and procedures in the event of any dispute.

11. No waiver or alteration of any of these Conditions of Sale, the Advice to Prospective Bidders, the Limited Warranty,the estimates,or any other matter in this catalogue or any other matter whatever (whether made by the auctioneer, or Consignor, or any representative of HHIG) shall be effective unless it is in writing and signed by a representative of Swann.

12. HHIG reserves all rights to to accept a bid or purchase offer of any piece listed in any catalogue, shown online or on the premises PRIOR to the the actual Live Auction(7pm January 5th,2007), and may sell anypiece at anytime prior.

ADVICE TO PROSPECTIVE BIDDERS

1. ALL PROPERTY IS SOLD SUBJECT TO THIS ADVICE, THE CONDITIONS OF SALE, AND TERMS OF WARRANTY PRINTED IN THE CATALOGUE OR POSTED ONLINE.

2. INSPECTION OF PROPERTY. Prospective bidders or their agents should inspect property prior to the auction. HHIG staff are available to advise prospective bidders at all pre-sale exhibitions and by appointment.

3. BUYER'S PREMIUM. The purchase price payable on any lot purchased will be the total of the final bid plus the Buyer's Premium as defined in paragraph 7 of the Conditions of Sale, plus all applicable sales taxes.

4. SALES TAX. All items purchased are subject to payment of the Hawaii and State sales tax of 4.4% on the total purchase price (final bid plus the Buyer's Premium as defined in paragraph 7 of the Conditions of Sale) unless the purchaser presents proof of exemption therefrom. An exempt purchaser must provide a properly completed Hawaii State Resale Certificate evidencing possession of a valid Hawaii Resale or,for non-New Hawaii businesses, the equivalent resale authorization from another locale. Purchases will not be released unless all sales tax requirements are satisfied. Purchases shipped outside of Hawaii are not subject to sales tax.

5. BIDDING INCREMENTS. The Auctioneer reserves all rights to raise the bidding with any increments he/she deems necassary, and may modify the increments at any given time.

6. RESERVES. All lots are subject to a reserve, which is the confidential minimum price agreed to with the seller below which the lot will not be sold. The reserve will never be higher than the low pre-sale estimate, and will never be lower than half the low estimate. HHIG may implement such reserve by opening the bidding on behalf of the seller and may bid up to the amount of the reserve by placing successive or consecutive bids for a lot in response to other bidders.

7. ESTIMATES. The estimates provided are intended as a guide to bidding. The figures are educated guesses, based on recent values. A bid between the listed figures would, in our opinion, have a chance of success (at the time the catalogue was prepared). The estimates are exclusive of the buyer's premium, and may be revised at any time prior to the auction.

8. BIDDING. All persons attending the auction must obtain a bidding number prior to bidding. If bids cannot be made in person or by an agent, they may be made by mail, fax, e-mail, or telephone and such bids will be executed without charge.

9. ABSENTEE BIDS will be executed by HHIG on the bidder's behalf in competition with other absentee bids and bidding in the room. Every effort will be made to carry out the bidder's instructions, but HHIG shall in no event be responsible for failing correctly to carry out instructions, and HHIG reserves the right to decline to undertake such bids. Bids by mail should be made in U.S. dollars on the bid sheet found at the end of the catalogue and in accordance with the instructions on the bid sheet

10. REMOVAL OF PROPERTY. All lots purchased shall be removed at the purchaser's risk and expense by the end of the fifth business day following the sale. Purchases not so removed will be treated as set forth in paragraph 9 of the Conditions of Sale.

11. SHIPMENT. Upon request, HHIG will facilitate the shipping of purchases to out-of-town buyers via Museum Quality Shipping which will package and crate then ship COD via FedEx

12. LOTS NOT RETURNABLE. Paragraph 3 of the Limited Warranty describes lots which are sold as is and not returnable. Books, giclees, prints, drawings, photographs, signatures, or any other property offered in a lot comprising more than 3 items, whether or not such items are individually named, constitute “Grouped Lots.” Such “Grouped Lots” are not subject to return for any reason.