Kotto: Estate of Julia Eastman, Final Session

Terms & Conditions of Sale 1. General Rag & Bone Auctions (hereafter referred to as "Rag & Bone Auctions", "RBA", "Auction House","Auctioneer", "we", "us", and/or "our"). Your bidding, or your registration to bid, whether in person, by phone or absentee bid, via any participating online bid platform (including, but not limited to, LiveAuctioneers.com, Invaluable.com, AuctionZip.com, and HiBid.com) or by any other method, indicates your full understanding and acceptance of, and your agreement to be bound by, these Terms & Conditions of Sale as amended and supplemented. Your placing a bid, or your registration to bid, constitutes your electronic signature for all legal intents and purposes, and your agreement to accept and be bound by the following terms and conditions. Rag & Bone Auctions may seek all remedies under the law, including, but not limited to, canceling the sale and re-offering the property without reserve, in response to a breach of any of these Terms & Conditions of Sale by a bidder or purchaser, including default on the obligation to pay for purchased items. 2. Sale 'As-Is', Catalog Descriptions & Estimates All items are sold as is, where is, with all faults. There are no warranties or representations of merchantability, of fitness, nor of any other kind, whether express or implied. Written and oral descriptions are our opinions, and should in no way be construed as a guarantee of any kind as to age, condition, materials or any other feature of items being sold. All measurements are approximate. Our goal is to provide prospective bidders with accurate and detailed information, however, if you require absolute certainty in all areas of authenticity, and the results of your personal evaluation of any item(s) leaves you with any uncertainty, we strongly recommend that you simply not bid on the item(s) in question. 3. Condition Reports & Personal Inspection All items are available for your examination prior to auction day. We recommend prospective bidders personally examine all items in which they have an interest. Preview is by confirmed appointment only, and appointments to preview property being offered may be scheduled until the day prior to the sale, unless otherwise noted. Please contact the auction house prior to the auction for condition reports or additional images of any items you are planning to place bids on. Your bidding signifies that you have examined the item(s) as fully as you desire, or that you have chosen not to examine them. 4. Consignor Warranties Each Lot has been represented and warranted to us by the consignor to be owned by the consignor, or that the consignor is acting as authorized agent of the owner of the Lot, and has the right to transfer title to the Lot free of all liens, claims, and encumbrances. 5. Reserve Price, Auctioneer's Discretion, Withdrawal, Auctioneer?s Determination Final Reserve Price All lots in this catalog are offered subject to a reserve price, which is the confidential minimum agreed upon selling price (?hammer price?), as determined by prior agreement between RBA and the consignor, at which a lot will be sold. In executing a reserve, we have the right to bid on behalf of the consignor, whether by opening bidding, or continuing bidding in response to other bidders until reaching the reserve. Auctioneer's Discretion Bidding will begin at a price appropriate in our sole and complete discretion, and we reserve the right to reject any bid(s) deemed inappropriate, and to withdraw the item from the sale if the reserve is not met. We reserve the right to lower the bid price at any point during the auction. Withdrawal We may also, at our sole discretion, withdraw any Lot(s), at any time, for any reason we may deem appropriate; additionally, we may re-offer any withdrawn item or Lot again, but are under no obligation to do so. Auctioneer's Determination Final Once we have declared that an item is sold, it will be considered final. We will not re-open the bidding. It is the bidder's responsibility to get the auctioneer's attention prior to the fall of the hammer. 6. Registration & Qualifying to Bid, High-Risk Transactions Registration & Qualifying to Bid Bidding on an item, or registering to bid with us, indicates your acceptance of, and agreement to be bound by, our Terms & Conditions of Sale. We reserve the right to require bank letters of guarantee for large purchases. Any such credit arrangements must be made by the Friday prior to the day of auction so bank statements can be verified. We reserve the right to not issue a buyer's number, or to withhold merchandise if appropriate credit has not been established. Due to an increase in the number of non-paying bidders, all prospective bidders MUST provide complete, valid registration information to Rag & Bone Auctions prior to auction day. Bidders with incomplete or invalid registration information WILL NOT be approved to bid, and any bids placed WILL NOT be accepted. High-Risk Transactions Additionally, due to the increased risk of fraudulent transactions, we reserve the right to require that any winning bidder with invoice(s) containing certain items we may deem to be at increased risk for fraudulent activity make payment directly through their online bid platform?s secure internal payments system. These items may include, but are not limited to, jewelry, coins, silver & vertu, and all precious metals-containing items; additionally, this may extend to include any and all other item(s), and/or invoice(s) in totality, that we at our sole discretion deem to be such a risk. At our sole discretion, we may require an additional delay prior to release of purchases paid by wire transfer of not less than three (3) business days. 7. Bidding, Increments, Absentee & Phone Bidding, Online Bidding Bidding Please submit your highest and best offer for any item you are interested in; we will be moving through the auction at a fast pace. We are not responsible for missed bids due to entering a late bid. Bid Increments Following are general guidelines for bidding increments: $0-$50 --------------------- $5 $50-100 -------------------- $10 $100-500 ------------------ $25 $500-1,000 ---------------- $50 $1,000-2,000 -------------- $100 $2,000-$5,000 ------------ $250 $5,000-$10,000 ----------- $500 $10,000 - $20,000 -------- $1,000 $20,000 - $50,000 -------- $2,500 $50,000 - $100,000 ------ $5,000 $100,000 and above -------Auctioneer Determined Absentee & Phone Bidding Absentee bidding and phone bidding are available to prospective bidders who cannot be present at the auction. Please complete the Absentee Bid and/or Phone Reservation form. All phone and absentee bids are held in the strictest confidence, and are executed competitively. All phone and absentee bid requests and complete registration information MUST be received NO LATER than noon (12:00 PM Central Time) on auction day, following which no additional phone or absentee bids, including additions to existing bid forms, will be accepted. In our experience, cell phones are not always dependable, and we recommend phone bidding be made on land lines, if available. We make every effort to honor all absentee and phone bid reservations, but we are not liable for any losses incurred as a result of failure to execute absentee bids or failed phone bids. Submitting absentee bids or bidding by phone does not imply an extension of credit (please see number 4, above). Leaving an absentee or phone bid on a lot indicates your willingness to open the bidding at one half the printed low estimate, and gives the auctioneer the authority to open the bidding at that level. In the case of identical absentee bids, the bid received first will prevail. Online Bidding We engage the fee-based services of third-party online bidding platforms. You WILL be held responsible for your successful bids on these online platforms, including absentee bids left with such services before the live sale, as well as by any other method, regardless of reason. Bids left on any online bid platform are NOT executed until the item is offered in the live auction, and are accepted at the auctioneer's sole and complete discretion, without regard to the order in which they are received. Additionally, your bids may be in competition with bids from multiple additional sources, including, but not limited to, phone and/or absentee bidders, in-house ("floor") bidders, and other registered online bidders using a participating online patform (LiveAuctioneers, Invaluable,AuctionZip, HiBid). We do not accept "cut" bids, that is, bids lower than the last interval, from floor bidders or absentee/phone bidders, nor do we accept them from internet absentee bidders. Thus, it is possible that a lot could be sold to another bidder for less than your absentee bid. For example, if the bids are currently progressing in ten dollar ($10) increments ($50, $60, $70), and your absentee bid falls at $75, we will not take the bid, since it is less than the current bid increment. Bidders are encouraged to bid live, whether in person, by phone, or online during the live auction; or to leave absentee bids through our gallery to avoid such a situation. 8. All Sales Final, No Refunds All sales are considered final; we do not give refunds. 9. Invoicing, Buyer's Premium, Sales Tax Invoicing Rag & Bone Auctions will send invoices by e-mail to successful bidders within three (3) business days following the date of sale. Buyer's Premium A Buyer?s Premium of twenty-six percent (26%) will be applied to the hammer price of each Lot. Sales Tax If you are shipping purchased Lot(s) to a Texas address, or if you retrieve purchases at our Texas gallery location, you must pay applicable Texas sales tax of 8.25%, with the exception of those holding a Texas Sales & Use Tax Permit and who have filed a completed Texas Sales & Use Tax Resale Certificate (Texas Comptroller of Public Accounts Form 01-339) at or before the time of payment. Sales tax certificates and forms from other states are also accepted. No Texas state sales tax is applicable for purchases picked up by a third-party shipping provider for shipment to addresses outside the State of Texas. 10. Transfer of Title On the fall of the hammer, declaration that an item is sold, or other such customary method, an agreement for the sale of the Lot is created between the successful bidder and the consignor, and will be considered binding. 11. Payment of Purchase, Accepted Methods of Payment, Permission Granted to Process Payment Payment of Purchase Payment in full is due upon receipt of invoice. In-full payment for successful absentee, phone bids and online bids is required within five (5) business days of the auction. Accepted Methods of Payment For invoices totaling $5,000 and below, accepted methods of payment include cash (in-person transactions only), wire/bank transfer, or major credit card (MasterCard, Visa, American Express, and Discover). Purchases totaling greater than $5,000.00 MUST be paid by bank wire or transfer, unless Rag & Bone Auctions has given our express consent, in writing, allowing payment by alternate method. We DO NOT accept payment by check, including cashier's check, unless we have given our express consent, in writing, prior to the date of sale. We DO NOT accept money orders. We DO NOT accept PayPal under any circumstances. Permission Granted to Process Payment Your signature on our Bid Form, your request to bid by phone or absentee bid, your acceptance of these terms through any online bidding platform, or your placement of any bid or request for bidding approval by any method, constitutes your express permission to charge successful bids to credit cards if payment is not received within five (5) business days of the auction's end, unless alternate arrangements have been made with Rag & Bone Auctions prior to the day of sale with our express written consent. 12. Shipping by Third-Party Provider Only We DO NOT, under ANY circumstances, provide in-house shipping or packaging services, nor are we able to provide estimated shipping cost(s). Shipment of all items, including packaging for transport, is the sole and complete responsibility of the purchaser, and must be arranged for, and paid by, the purchaser directly with the third-party shipping provider. For shipping, we recommend: UPS STORE #2567 Attention: Drake Smith, Auction Shipping Manager 5233 Bellaire Blvd. Bellaire, TX 77401 Phone: (281) 764-9064 [Auction Shipping Department - Dedicated Voicemail Line. Please be certain to leave a detailed message, including your name, invoice information, and contact phone and/or e-mail. All messages left WILL receive follow-up correspondence in the order which they were received.] E-mail: store2567@theupsstore.com Alternate E-mail: auctions@epicpartnershipco.com The website listed below may also be used to provide information to UPS #2567 directly - we strongly encourage its use for both prospective bidders (in obtaining pre-auction estimates of shipping cost) and successful bidders (to help expedite the shipping process): https://wu535.infusionsoft.com/app/form/ragandbone-auction-release-form Please contact us if you require additional shipping recommendations. Rag & Bone Auctions will have no liability for any loss or damage to shipped items. IF YOU ARE USING ANY ALTERNATE SHIPPING PROVIDER, PLEASE NOTE: a) NOTICE MUST BE RECEIVED, BY E-MAIL, AT THE TIME OF INVOICE PAYMENT. We must receive notice of your specific shipping instructions, by e-mail, at the time of your invoice payment. All purchased Lot(s) without specific shipping instructions provided by the winning bidder as stated above WILL BE RELEASED, WITHOUT EXCEPTION, to the default shipping provider. b) WE WILL NOT DELIVER ITEMS TO SHIPPERS. Due to limited staff availability, we are not able, under any circumstance, to provide courier or delivery service of purchased Lot(s) to shipping provider locations. Please be sure to request that your selected shipping provider contacts us to schedule pick-up of your purchased items from our gallery location. c) APPOINTMENT REQUIRED. Please contact our office for an appointment prior to scheduling with your shipping provider so that we can ensure an appointment is available to you. Due to limited staff availability, we are unable to accommodate unscheduled property retrieval. 13. Appointment Required for Retrieval of Purchases, Storage Fees & Forfeiture Appointment Required for Retrieval of Purchases If you are coming in to pick up your items, please schedule with our office so that a staff member will be available to assist you. Due to limited staff availability, we are unable to accommodate unscheduled property retrieval, and no items may be retrieved without a confirmed prior appointment. Storage Fees We are unable to provide storage for purchased lots. Beginning seven (7) calendar days after the date of sale, all property remaining on our premises for any reason whatsoever will be subject to a storage fee totaling $25 for the first day, and an additional $10 each subsequent day on which the items have not been retrieved, up to fourteen (14) calendar days in total following the date of sale, at which time the item will be considered forfeit. Forfeiture You, as purchaser, expressly agree to forfeit any and all right(s) to property which is paid for, but left on our premises in excess of fourteen (14) calendar days FOR ANY REASON. You expressly agree to waive and to relinquish any and all right(s) to any refund(s), credit card charge-back(s) or merchant dispute(s), and further expressly agree to waive and relinquish any and all right(s) to compensation or restitution of any type in connection with forfeiture of properties not removed as stated. Any and all such property will become sole property of Rag & Bone Auctions, and will be disposed of by any means we see fit. Rag & Bone Auctions shall have no liability whatsoever for any damage to purchases remaining on our premises as a result of failure by the buyer to retrieve purchased property as scheduled. Failure to abide by these policies may result in revocation of future bidding privileges. 14. Export and Import It is your sole responsibility to identify and obtain any and all necessary export, import, firearm, endangered species, or any other permit which may be required with regard to any Lot(s). Rag & Bone Auctions and the consignor make no representations or warranties as to whether any lot is, or is not, subject to export or import restrictions or any embargoes. 15. Endangered Species Act (ESA) Compliance, Intrastate Sale Certain property sold at auction (for example, items made of or incorporating plant or animal materials, such as coral, crocodile, ivory, tortoiseshell, whalebone, et. al.), irrespective of age or value, may require a license or certificate prior to exportation and additional licenses or certificates upon importation to another country. The ability to obtain an export license or certificate does not ensure the ability to obtain an import license or certificate in another country, and vice versa. It is your sole responsibility as purchaser to ensure that you are familiar with and understand international, U.S. Federal, and respective State laws regarding any and all necessary licenses or permits prior to placing a bid; you are also solely responsible for obtaining any export or import licenses and/or certificates, as well as any other required documentation for any Lot(s). Rag & Bone Auctions is not able to assist you in attempting to obtain the appropriate licenses and/or certificates, and there is no assurance that an export license or certificate can be obtained. Please check with our specialists if you are uncertain as to whether a lot is subject to these export/import license and certificate requirements, or any other restrictions on exportation. Rag & Bone Auctions, and all Consignors represented by RBA, assume no responsibility for communicating to the purchaser the status with regard to legality or otherwise, of any objects that may be restricted under state and local law within the jurisdiction of the purchaser. In the event of denial of any export or import license or permit, delay in obtaining such licenses or permits, or seizure of any purchased Lot(s) by any authority/authorities, domestic or international, for failure to obtain such licenses or permits, you will still be held responsible for purchase of the Lot(s), including timely, in-full payment, and the foregoing will not constitute grounds for us to, nor will we, rescind or cancel any purchase or transaction for any Lot(s) on such basis. You agree to fully comply with any and all domestic and international restrictions on the trade of endangered species as a condition of the sale. Intrastate Sale ITEMS GOVERNED BY THESE RESTRICTIONS MAY ONLY BE BID ON BY RESIDENTS OF THE STATE OF TEXAS. WINNING BIDDERS MUST PROVIDE PROOF OF TEXAS RESIDENCY IN ORDER TO TAKE OWNERSHIP OF SUCH ITEMS; ADDITIONALLY, SUCH ITEMS MAY ONLY BE TRANSPORTED TO THE WINNING BIDDER WITHIN THE STATE OF TEXAS.' We will not release lots governed by these restrictions for shipment to buyers who may be U.S. residents, but reside outside the State of Texas, nor will we release such items for shipment or export to any other jurisdiction where the sale, transfer, or possession of such items is restricted in any way by law. If it is determined by RBA, with reasonable belief, that your purchase of such Lot(s) is in violation of, or likely to result in violation of, any law or Company policy governing Lot(s) as defined above, you expressly agree to immediate forfeiture of, and revocation of your right to any refund in connection with, such Lot(s). Your bidding on any such Lot(s) indicates your express consent and agreement to the foregoing. 16. Jewelry & Gemstones, Clocks, Watches, & Timepieces Rag & Bone Auctions makes no warranty or guarantee whatsoever regarding the jewelry, its colored stones, diamonds, other gem materials, or metals, or as to their status as natural, treated, 'earth mined', man-made/synthetic, or otherwise. Any and all gems, colored stones, diamonds, cultured and/or natural pearls, fresh water, south sea, Tahitian pearls, and other materials used in jewelry, may be enhanced bya variety of treatments. All identifications, including, but not limited to, weight, quality, cut, value and other estimates, and anyinformation of any other type, are to be considered opinions, and are limited by examination andgrading, the mountings, the condition, and the cleanliness of the items. Appraisals, descriptions, and photographs are offered solely as a courtesy to our customers, and are not intended to be a complete analysis of the qualities and conditions of the jewelry. Rag & Bone Auctions makes no warranty or guarantee whatsoever that any clock, watch, or other timepiece is in working order. 17. Rescission by Auction House In the event that we receive notice of an adverse claim with respect to a sold Lot, at our sole discretion, Rag & Bone Auctions reserves the right (but is not obligated), to rescind the sale to of any sold Lot,upon written notice to you. Upon such notice, you agree to promptly return the purchased Lot to our premises in the same condition in which it was purchased. Following our receipt of such a Lot, RBA will then promptly refund the full purchase price (hammer price, plus buyer's premium and any applicable taxes paid). You agree that you will have no further recourse against RBA or the consignor, and neither we nor the consignor shall be liable for any damages suffered by you as a result, regardless of nature. 18. Governing Law and Forum for Disputes Our Terms & Conditions of Sale, and any disputes which may arise in connection with any auction or sale by Rag & Bone Auctions will be governed by and construed in accordance with Texas law, and you hereby expressly agree to submit to the jurisdiction of the courts of Harris County, in the State of Texas, with respect to such disputes. You further agree that State and/or Federal courts located in the same will have exclusive jurisdiction over any and all claims asserted against RBA. However, we may, at our sole discretion, assert any claims we may have against you in connection with any auction and/or sales in any State or Federal Courts located in Harris County, in the State of Texas, and/or in any other jurisdiction where you, or assets owned by you, may be found. In the event that Rag & Bone Auctions brings an action against you to enforce the Terms of Sale and/or to collect any sum due and owing to us, we shall be entitled to collect (in addition to any other amounts owed to us) our reasonable attorney's fees, collection agency fees, and cost of suit from you. 19. Limitations of Liability Rag & Bone Auctions assumes no liability for any breach or default by the consignor of a Lot. 20. Severability and Waiver If any provision of these Terms of Sale is deemed unlawful, void, or unenforceable under applicable law, that provision will be stricken and severed from the remaining provisions, which shall remain in full force and effect. Failure to enforce any provision contained within in these Terms of Sale is not, nor shall it considered to be, deemed a waiver of our right to enforce any other provisions of these Terms of Sale. 21. No Assignment Unless RBA has issued our consent, in writing, no rights or obligations hereunder may be transferred. 22. Miscellaneous, Licensure, Customer Satisfaction, Unresolved Complaints Miscellaneous These Terms of Sale apply to all auctions conducted by Rag & Bone Auctions and all private sales facilitated by RBA. All paragraphs and subheadings are included in these Terms of Sale for ease of reference and should not be used to interpret the meaning of the substantive provisions. Licensure This auction is conducted by a licensed auctioneer in the State of Texas (Denton Sorrels, License #17596, TDLR [Texas Department of Licensing & Regulation]) under the applicable rules and laws of said State, and covered by the Recovery Fund administered by the Department. Customer Satisfaction We appreciate your business, and hope you will continue to join us at auction! We hope to provide each customer an engaging, enjoyable auction experience. We strive to provide outstanding customer service with a personal touch; as such we kindly request the privilege of assisting you with concerns or complaints, should any arise. Your satisfaction as a customer is of the utmost importance to us.We welcome the opportunity to speak with you regarding any comments, compliments, or concerns you may have. Unresolved Complaints Unresolved complaints may be directed to: Texas Department of Licensing & Regulation P.O. Box 12157 Austin, Texas, 78711 By phone: (800) 803-9202 Online: https://www.tdlr.texas.gov/complaints