Agnes Martin, Ellsworth Kelly, Lucio Fontana

TERMS 1. General Black River Auction (Hereafter referred to as the Auction House "we" "us" or "our") By bidding at auction you agree to be bound by these Terms of Sale as amended and supplemented, whether you bid in the room, through a representative, by phone, by internet, or absentee bid. If you have any questions after having read the Terms of Sale Each item of property (a "Lot" or "Lots") in this catalogue is offered for sale subject to these Terms of Sale, as changed or supplemented by provisions a) written in other places within these Terms of Sale, b) in written supplements to this catalogue or other materials prepared by us and c) as stated by the auctioneer or posted in writing at the auction, prior to a bid being accepted for a Lot. No other communications, in writing or orally, by any employee of the Auction House is intended to be binding, and such other communications are made for informational purposes only.   2. Catalogue Descriptions and Consignor Warranties ALL LOTS DESCRIBED IN THIS CATALOGUE ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS. Black River Auction and the seller do not give or make any type of guarantee or warranty regarding the lots to be sold, implied or otherwise. All lots are sold with no guarantees of any kind, with all faults, imperfections and errors of description, regardless of statement of condition made from the auction block on in the description or title of the lot in the catalog. Buyers shall rely entirely on their own inspection and their own knowledge. Black River Auction is not responsible for genuineness or authenticity of any lot. Catalog descriptions are provided as a courtesy and are made to the best of our ability. No warranty whatsoever is given by Black River Auction. No credits or refunds shall be given, even in the event of an error in the listing. Black River Auction is not responsible for incorrect listing information, if any. Black River Auction has attempted to provide accurate descriptions for all items, however, it is the bidder?s responsibility to determine the condition and authenticity of each lot. Descriptions and statements are made ?in the opinion of? Black River Auction and are provided in good faith and matters of OPINION. All measurements listed in the catalogue are approximate. We recommend that you inspect the condition of a Lot prior to bidding at auction to ensure your satisfaction with condition. THE AUCTION HOUSE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR PURPOSE EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE TERMS OF SALE. Catalog illustrations may not be to scale or reflect the depicted Lot's actual size. For each Lot, the consignor has represented and warranted to us that the consignor is the owner of such Lot or 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. Neither the consignor nor we make any warranty or representation, guarantee, express or implied, as to whether you will acquire any reproduction rights, copyrights or other intellectual property rights in, or with respect to any Lot. The Auction House retains all rights to photographs and other intellectual property contained in this catalogue. 2,5. No Returns All sales are final. There are absolutely NO returns, refunds, or adjustments. 3. Withdrawal The Auction House reserves the right to withdraw a Lot from auction for any reason and with no liability whatsoever for such withdrawal. 4. Condition Reports and Pre-Auction Viewings Condition reports are rendered as specialist opinion by the staff of the Auction House and/or independent consultants and not as statements of fact. We do not guarantee the content of written or verbal condition reports. These reports are made ?in the opinion of? Black River Auction.  Condition reports can be accessed online at Blackriverauction.com. If you would like additional information, please call us or email. Our specialists will respond to requests as quickly as possible. If you need a condition report, please request and review them prior to reserving phone lines. Please be patient. We get many requests and we make every effort to respond to all of them in a timely fashion. The Auction House is not liable or responsible for any errors or failure to do so. 5. Estimates The estimates provided in this catalogue are neither a representation nor a prediction of the hammer price that will be realized at auction, price realized at a post-auction sale, or price realized upon resale, which may be substantially different from our estimates in this catalogue. We shall not be liable for any discrepancies between our estimates and a price realized. 6. Qualifying to Bid As a security measure for our consignors and us, all bidders must establish credit. You will be asked to furnish identification and a valid credit card number, credit references and/or (for absentee, phone and online bidders) an initial deposit in the form of a pre-authorization hold equal to 10% of the low estimate of the total number of Lots on which you are bidding. First time and international bidders on Asian Lots with a total low estimate of $5,000 or greater will be asked to: a) furnish an initial deposit in the form of a pre-authorization hold equal to 30%; and b) grant the Auction House the right to charge your credit card 30% of the selling price on the date of the auction. If you are bidding as agent, we reserve the right to request a letter of authorization from your principal. If you are successful and do not remit payment as specified, the amount owed will be charged to your credit card together with such charges set forth in these Terms of Sale. Bidding Numbers: All bidders must register and receive a bidding number from the Auction House prior to bidding at auction. 7. Absentee Bids Absentee bids submitted by fax, mail or online must be received by us no later than two hours prior to the start of an auction's published start time. We accept absentee bids by phone from qualified bidders even during the auction up to 30 minutes before a Lot goes on the block. Absentee bidders are emailed their bid confirmations. If you do not receive a bid confirmation by 5 pm on the day prior to the auction, please call us. When you do receive a bid confirmation, please double check it for accuracy. All absentee bidding is handled as though you are in attendance. We bid on all designated Lots for you one bidding increment above where the competition stops up to your bid amount. Please check and comply with increments. In case of failure to comply, we will reduce each off-Increment bid to the increment below it. Generally, the auctioneer will follow the bidding increments listed below; however, the auctioneer may change bidding increments during the auction for a particular Lot at the auctioneer's sole discretion. Plus bids: Several people may leave identical bid amounts. Therefore on your bid sheet you have the opportunity in addition to listing your bid amount, to also list a "Plus" bid. An earlier bid received by the Auction House wins in the event of a tie, but if a later bid has an added ?plus? bid to a higher increment and the earlier bid does not have a "Plus" bid that matches or exceeds the "Plus" bid, the later bid would win the Lot. All absentee bidder names and bids are held in strictest confidence, disclosed only in the event of a question after the sale. Absentee bidding is a convenience offered to our customers and, while we will make every effort to execute your instructions, the Auction House is not liable or responsible for any errors or failure to bid. If you place absentee bids with the Auction House and then choose to attend the auction in person, bid by phone or by any other means, it is solely your responsibility to cancel any or all absentee bids prior to the start of the auction. If you do not or cannot, regardless of reason, you will be held responsible for the purchase of any Lot for which you have placed a successful bid. 8. Telephone Bids and Contingency Bids We guarantee you a line and a phone agent for bidding provided we receive your request by fax, mail, phone, or online by 4:00 p.m. on the day prior to the auction. After that time, we will gladly accept your absentee bids as outlined in Paragraph 7 above. Changes to bid lists left with us prior to the deadline will be accommodated as best we can, as will follow-up phone bids for those who attend, but must leave the auction and other exceptional cases. Telephone bidders are emailed bid confirmations. If you do not receive a bid confirmation by 5:00 pm on the day prior to the auction, please call us. When you do receive a bid confirmation, please double check it for accuracy. We can call you at two phone numbers ONLY during the auction. If you are unsure of where you or your agent will be during the sale, we recommend you fill out a contingency bid on the bidding form that you submit to us. Contingency bids are only available to you if you have made a telephone bid and have notified us, no later than 30 minutes prior to the auction's published start time, that due to unforeseen events, you may not be on the telephone at the time of the sale and therefore wish to leave a bid directly with the phone agent to make on your behalf. Please do not change your phone number after your phone lines have been confirmed; if you do, the Auction House will not be responsible for any breakdown in communications. We do not have the capacity to assign phone agents to clients who want to listen only or who will not bid the minimum selling price. Therefore, if you request to reserve a phone agent for bidding, you must be willing to open bidding and bid to the low estimate should the bidding go that far. Bids are placed on the telephone at the discretion of the Auction House and at the caller?s risk. Telephone bidding is a convenience offered to our customers and, while we will make every effort to execute your instructions, the Auction House is not liable or responsible for any errors or failure to bid. 9. Internet Bids The Auction House has engaged the services of third party online bidding platforms, the majority of which levy a fee for their services. Please proceed to these sites for all necessary information on fees and how to bid and buy online using these platforms. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE AUCTION HOUSE AND ITS CONSIGNORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THESE SITES. If you place absentee bids with the Auction House and/or a third-party site and also bid in person, by phone or any other means, it is solely your responsibility to cancel these absentee bids prior to the start of the auction. If you do not or cannot, regardless of reason, you will be held responsible for the purchase of any Lot for which you have placed a successful absentee bid. Absentee bids left with third party online bidding platforms are released to the Auction House when a Lot comes up for sale. Such absentee bids are considered received by us at the time they are released to us by the online bidding platforms. Under no circumstance will an ?accidental bid? be accepted as a form of withdraw from any transaction. Bidder is responsible for knowing which item he/she is bidding on. If unsure, bidder should inquire or refrain from bidding. If you become the winning bidder, you have entered into a legally binding contract and are expected to pay for the item(s). 10. Reserves A reserve is the confidential minimum price established by the Auction House and the consignor. The reserve will never exceed the low estimate of a Lot. The Auction House prohibits consignors from bidding on their own Lots, but the Auction House may implement the reserve by bidding on behalf of the consignor at the auction up to the reserve. The Auction House will indicate in the catalogue or by saleroom announcement or notice when parties with an interest In a Lot, for example a beneficiary of an estate, may be bidding on such Lot. 11. Telephone Bids: A telephone bid will take place during the auction. We require our telephone form to be filled out prior to the auction with an ID, credit card, CVC code, zip code, and billing address to allow for instant payment.  12. Auctioneers Determination Final A Lot will be sold to the highest bidder as determined in the sole and exclusive judgment of the auctioneer. The auctioneer will also have the sole and exclusive power and authority to: a) resolve any disputes between bidders; b) determine whether to pass or re-offer a Lot for sale; c) reject or challenge any bid or advance in the bidding; d) exclude any bidder from the auction and/or auction premises; and e) otherwise regulate the bidders, the bidding and the bidding increments. 13. Successful Auction Bids Upon the fall of the auctioneer's hammer an agreement for the sale of the Lot is created between the successful bidder and the consignor. 14. Auction Results Preliminary auction results will be available online shortly after each auction. Final auction results will be available as soon as the Auction House has audited and verified all sales/bids, usually within a few days of an auction. 15. Invoicing, Buyer's Premium and Sales Tax All successful bidders will be sent invoices by E-mail.  All invoices will be sent the day after an auction. It is the buyers responsibility to make sure they receive an email in that timeframe. If not received, the buyer must provide us a different email. Invoices may go to the junk/spam/deleted folder on their email. It is their responsibility to check.  We charge a buyers premium on each Lot sold in amount equal to: 28% of the hammer price  Successful Bidders who bid through third party online bidding platforms, such as LiveAuctioneers, pay the Buyer's Premium and a surcharge that offsets the fee levied by the third party online bidding platform on the Auction House. Successful Bidders who bid through LiveAuctioneers, pay a buyer's premium of 28%. For more details on this surcharge, see the Terms of Sale posted with each of our auctions on your online bidding platform of choice or call  The Auction House will collect New Jersey sales tax on all Lots picked up from the Auction House's New Jersey premises or shipped to a New Jersey address. 16. Payment of the Purchase Price and Transfer of Title The hammer price, the Buyer's Premium, any applicable surcharges or fees and taxes shall be added together to comprise the total purchase price for each Lot (the "Purchase Price"). Payment of the Purchase Price in full is due immediately upon your receipt of our invoice. If payment is not received in full within seven (7) days, the Auction House reserves the right to impose interest at a rate of 1.5% (coinciding with original invoice total) from the date of auction.  Upon our receipt of payment in full in good and clear funds from you, title to a Lot transfers to you. If you make payment by check, title shall not transfer to you until the check has cleared. We will only accept a wire transfer or check as a form of payment for any transaction equal to or above $2,000.00.  17. Methods of Payment and Credit Card Processing Fee Cash. Check. Wire Transfers. Money Order. Buyers can pay with their credit card.  18. Transfer of Risk of Loss Risk of loss shall transfer to you upon your pick-up of a Lot or the 14th day after the auction, whichever is earlier. We are not responsible for any damage or loss that occurs to the Lot past such dates. 19. Pick-Up, Shipping and Storage Fees All Lots must be removed from the premises of the Auction House no later than fourteen (14) days after an auction. Black River Auction offers in house shipping with full insurance and will mark so accordingly on each invoice as a ?default? shipping charge. It is up to the bidder/buyer to tell Black River Auction otherwise. Black River Auciton?s initial shipping charge is an estimate and may be increased after payment to cover the cost. It is the buyer?s responsibility to cover this in a timely manner. Black River Auction ships 1-42 days after posted payment.  If Lots are not removed within fourteen (14) days after an auction, you will thereafter be assessed a $5.00 per Lot storage charge per day and we may, in our sole discretion, remove any Lot to public storage at your risk and expense. All associated charges with such public storage will be charged to you and must be paid prior to our release of a Lot to you. Uncollected Lots left at the Auction House for ninety (90) days following an auction will be sold or donated. If you choose to pick up a Lot from the Auction House following an auction you must call 24 hours in advance to arrange pick-up. Regular hours for pick up are Monday ? Friday, from 9:00 a.m. to 11:30 a.m. and from 1:00 p.m. to 5:00 p.m. Please bring your own packing materials. The Auction House is closed on Federal holidays and on Mondays following full auction weekends. Weekend pick-ups are made by special arrangement and/or by appointment only. If you choose to ship a Lot from the Auction House you are solely responsible for the shipment. We will work with any shipper of your choosing. If you have any shipping preference for any reason, please make sure your shipper carries insurance. We are not responsible for any damage or loss that occurs while your objects are in another?s care. We will also not be responsible for any damage or loss that occurs if you choose a shipping method that we have advised against, and we will require a waiver from you acknowledging this. As a convenience to you, we will, if requested, release a Lot to a third party shipper. This company will pack and ship or arrange shipment for you via UPS, FedEx or other carrier, fully insured, for a fee payable in advance by credit card. Shipments are made within a few days after payment has been received. For the avoidance of doubt, we will not be responsible for any damage or loss that occurs to a Lot once we release it to a third party shipper. All international customs, duties, and other tariffs are your responsibility. The Auction House and all third party shippers will declare the hammer price plus the Buyer's Premium as the value of a Lot in all cases. Oversized Lots are objects such as furniture, andirons, floor vases, or any other item whose safe packing will exceed the limits of common carriers. The Auction House can arrange delivery by freight almost anywhere in the United States, fully insured, for a fee. The delivery of oversized, large, heavy, or expensive objects is not an inexpensive proposition and we urge you to consider this before bidding. 20. Export and Import The Auction House 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 and will have no responsibility with regard to these matters. 21. Endangered Species You are responsible for checking any applicable laws and regulations regarding the importation of Lots containing materials made from endangered species. An export or import license may be required for the export or import of such Lots and it is your sole responsibility to familiarize yourself with International, U.S. Federal and State laws or requirements regarding the necessary export, import, endangered species or other permit required prior to bidding at auction. We will not rescind the sale of a Lot that is transferred to you and later seized by government authorities due to the presence of endangered species material. 22. Firearms The Auction House does not sell any type of firearms. 23. Jewelry For centuries, natural gemstones have been enhanced in a variety of ways, including heating, oiling and other methods. These treatments are accepted by the international jewelry and gemstone trade. The Auction House makes no representations or warranties, express or implied, as to whether natural stones have been treated or enhanced, whether specifically referenced or not.. All stones have been identified by standard gemological field tests as the mounting permits and the Auction House will make available to prospective buyers any gemological certificates in its possession. It will not always be feasible to obtain a qualified lab report on every stone offered through the Auction House. If you wish to have a grading or gemological report from an independent recognized laboratory such as the Gemological Institute of America, the European Gemological Laboratories or the American Gemological Institute, you may request one at your own expense or hire an independent adviser of your choosing. Weights given are based solely on measurements and known gemological formulae; they are approximate, not exact. Weight may differ once a stone is removed from its setting. You are advised to verify weight estimates prior to bidding at auction. 25. Failure to Make Payment If you fail to make payment within seven (7) days after your invoice is sent, we shall charge you interest at the rate of 10% per month from the date of the auction in regards to the original amount reflected on your invoice.  In addition to other remedies available to the Auction House by law, the Auction House may, at its option: i. Cancel the sale of any Lot for which payment by you has not been made or for any Lot for which you have made payment and retain all payments made by you for such Lots as liquidated damages; ii. Resell any Lot for which payment by you has not been made, whether at public auction or private sale; or iii. Open any and all disputes; iv. Pursue any combination of i), ii) and iii.) above. 26. Rescission by the Auction House In the event the Auction House receives notice of an adverse claim with respect to a sold Lot, the Auction House shall have the right (but not the obligation), in its sole and absolute discretion, to rescind the sale to you, upon written notice to you. Upon such notice, you will promptly return the purchased Lot to the Auction House?s premises in the same condition as when you purchased it. Following our receipt of the Lot, we will then promptly refund you the full Purchase Price, including the Buyer?s Premium and applicable taxes paid. You will have no further recourse against the Auction House or the consignor, and the Auction House and the consignor shall not be liable for any damages of any nature suffered by you. 27. Governing Law and Forum for Disputes The laws of New Jersey shall govern the Terms of Sale and all of our auctions. Any disputes that may arise in connection with any auction or sale shall be governed by and construed in accordance with New Jersey law. You agree to submit to the jurisdiction of the courts of the State of New Jersey with respect to any dispute arising in connection with any auction and/or any sales. You agree that the Federal and State courts sitting in New Jersey shall have exclusive jurisdiction over any claims asserted by you against the Auction House in connection with any auction and/or any sales. You further agree that the Auction House may, in its sole discretion, assert any claims it has against you in connection with any auction and/or any sales in any Federal or State courts sitting in New Jersey or in any other jurisdiction where you or assets owned by you may be found. In the event that the Auction House brings an action to enforce the Terms of Sale and/or to collect any sum due and owing to it, the Auction House shall be entitled to collect (in addition to any other amounts it Is owed) its reasonable attorney?s fees, collection agency fees, and cost of suit from you. 28. Limitations of Liability The Auction House is not liable for any breach or default by the consignor of a Lot. 29. Severability and Waiver If any provision of these Terms of Sale shall be deemed unlawful, void, or unenforceable under applicable law, that provision shall be stricken and severed from the remaining provisions, which shall remain in full force and effect. Failure to enforce any of the provisions in these Terms of Sale shall not be deemed a waiver of the right to enforce any other provisions of these Terms of Sale. 30. No Assignment Unless the Auction House consents in writing, you may not assign your rights or any of your obligations hereunder. 31. No Modifications These Terms of Sale may not be changed unless the Auction House and you have agreed to do so in a written agreement signed by both parties. 32. Miscellaneous These Terms of Sale shall apply to both auction and private sales. Paragraph 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. We do not guarantee the accuracy of our descriptions. Experts may disagree. We are not experts in all subject matters. All descriptions are done to our best effort. Buyers are encouraged to ask questions and preview any lots they are interested in and make their own informed decision. No refunds will be given due to errors in lot descriptions or titles. Should Black River Auction agree to issue a refund on any purchased inventory, it will be given exclusively in the form of an in store credit minus a 20% restocking fee. I have read and understand these Terms of Sale. I ACCEPT them in their entirety as a condition to bid at Black River Auction