Focus On AIDS 10 Benefit Photography Auction

CONDITIONS OF SALE LIVE PUBLIC AUCTION This catalogue, as amended by any posted notices or oral announcements during the sale, is the entire agreement by and between FOCUS ON AIDS AUCTION, the Consignor and the purchaser relative to the property listed herein. The following Conditions of Sale are the complete and only terms and conditions on which all property is offered for sale. We will offer some of the property as an agent for the Consignor. Focus on AIDS Auctions generally uses the following bidding increments: $100.00 increments 1. All property is sold "AS IS" and neither we nor the Consignor may make any warranties of representations of the correctness of the catalogue or the other description of the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical relevance of the property and no statement anywhere, whether oral or written, shall be deemed such a warranty or representation. Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored. Neither Focus On AIDS Auctions nor the Consignor make representations or warranties as to whether the purchaser acquires any copyrights, including but not limited to, reproduction rights in the property. If the proposed purchaser cannot attend the preview in person, please discuss individual items with the auction staff to ascertain conditions of sale, etc. We will do our best to answer your inquiry, though we highly suggest you visit our properties to review the said items in person. 2. Payment may be made with money orders, cashiers checks, American Express, Visa/Mastercard for purchases made online. 3. The authenticity of the Authorship of the property listed in this catalogue is NOT guaranteed by Focus On AIDS due to the fact, that all lots have been donated for the Focus On AIDS Benefit Auction. 4. We reserve the right to withdraw any property before the sale and shall have no liability whatsoever for such withdrawal. 5. We ACCEPT absentee bids in person, via fax or phone (with a signature). (See Absentee bid form for description of terms). We are able to accept bids throughout the actual auction and do our best to represent the buyer per our absentee bid rules. 6. We reserve the right to reject any bid. The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of any dispute between bidders, or in the event of doubt on our part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sale record is conclusive. Although at our discretion we will execute order bids as a convenience to clients who are not present at auctions, we are not responsible for any errors or omissions in connection therewith. Please note some pieces will be sold unframed, as noted in catalogue. 7. On the fall of the auctioneer's hammer, title to the offered lot will pass to the highest bidder acknowledged by the auctioneer, subject to fulfillment by such bidder of all the conditions set forth herein. Such bidder thereupon (a) assumes full risk and responsibility and therefore, (b) will pay the full purchase price upon notification that client is the successful bidder 8. Unless exempted by law, the purchaser will be required to pay the California State and local sales tax or any applicable compensating use tax of another state on the total purchase price. The local and state tax combined is 8.25%. 9. These Conditions of Sale, as well as the purchaser's and our respective rights and obligations hereunder, shall be governed by, construed and enforced in accordance with the laws of the State of California. By bidding at an auction, whether present in person, by agent or by other bid, the purchaser shall be deemed to have consented to the exclusive jurisdiction of the state courts and federal courts sitting in the State of California. 10. Focus On AIDS is NOT responsible for packing, shipping or providing insurance for sold artwork. Successful bidders are responsible for making ALL shipping arrangements. SM Auctions can suggest qualified shippers if necessary. 11. We, FOCUS ON AIDS are not responsible for the facts or omissions in our packing or shipping of purchased lots or other carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots is at the entire risk of the purchaser. 12. In no event will our liability to a purchaser exceed the purchase price actually paid. 13. During the auction, we will do our best to stay in the order of this catalogue, which is for the most part per lot. However, we are not strictly adhering to numbers or a specific order in this catalogue. These are to be used as references and the auctioneer will announce them as they come up in the auction block. Also, unsold items will be brought up upon request to open the bidding.

Unless exempted by law, the purchaser will be required to pay the California State and local sales tax or any applicable compensating use tax of another state on the total purchase price. The local and state tax combined is 8.25%.