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Conditions of Sale

TERMS & CONDITIONS, 1. Prior to sale, all bidders must register with Hill Auction Gallery LLCor online to participate in live bidding. 2. The Auctioneer and the Consignor assume no risk,liability or responsibility for the authenticity or the authorship of any property identified in theonline catalog (that is, the identity of the creator or the period, culture, source or origin as thecase may be, with which the creation of any property is identified herein). All property is sold "AsIs" and neither the Auctioneer nor the Consignor makes any warranties or representations ofany kind or nature with respect to the property, and in no event shall be responsible for thecorrectness or any implied warranty or merchantability or any implied warranty of fitness for aparticular purpose as it relates to description, genuineness, attribution, provenance, safety,reliability or condition of the property. If any implied warranties of merchantability or fitness for aparticular purpose can be construed from the catalog, auction, or bill of sale, such warrantiesare disclaimed by the Auctioneer and the Consignor. No statement in the online catalogue ormade at the sale or in the Bill of Sale or invoice or elsewhere shall be deemed such a warrantyor representation or an admission of liability. Moreover, the Auctioneer will not be heldresponsible for any variations in appearance of online photographs. 3. Notwithstanding thepreceding condition, if within 14 days of the sale of any lot the purchaser of any painting or lot ofsilver gives notice in writing to the Auctioneer that the lot so sold is a counterfeit and, if within 7days after such notice the purchaser returns to the Auctioneer in the same condition as whensold, and gives written proof from a recognized impartial expert which establishes beyondreasonable doubt that the returned lot is in fact a counterfeit and that this was not indicated by afair reading of the catalog or the Auctioneer's comments at the time of sale, the Auctioneer asagent for the Consignor will rescind the sale and refund the purchase price. 4. A premium equalto 25% of the successful bid price will be added thereto and is payable by the purchaser as partof the total purchase price. 5. The State of Florida Sales Tax (6%) is computed on this totalpurchase price. The purchaser will be required to pay Florida Sales Tax unless exemptedthrough possession of a valid State of Florida Sales Tax number on file. Please Note: The Stateof Florida has no arrangement of reciprocity with any other jurisdiction and the Auctioneercannot honor a Sales Tax number from any other jurisdiction. 6. The Auctioneer reserves theright to withdraw any property at any time before actual sale. 7. Unless otherwise announced bythe Auctioneer at the time of sale, all bids are per lot as numbered in the catalog. TheAuctioneer reserves the right to reject a bid from any bidder. The highest bid acknowledged bythe Auctioneer shall be the purchaser. In the event of any dispute between bidders, theAuctioneer shall have the sole and final discretion either to determine the successful bidder, orto re-offer and re-sell the article in dispute. If the Auctioneer determines that any opening bid isnot commensurate with the value of the article offered, he may reject the bid; and if, havingacknowledged an opening bid he decides that any advance is not sufficient, he may reject theadvance. The Auctioneer reserves the right to acknowledge an auction floor bid beforeacknowledging an internet and/or phone bid regardless of the maximum bid amount provided bythe bidder before and/or during the auction. 8. On the fall of the Auctioneer's hammer, title to theoffered lot passes to the highest bidder who thereupon will pay the full purchase price thereforeor such part as the Auctioneer may require. All property shall be removed by the purchaser athis expense on the day of sale and, if not so removed, may be sent by the Auctioneer to apublic warehouse for the account, risk and expense of the purchaser. Any damage to or loss ofany item purchased which is left with the Auctioneer after the day of purchase is the purchaser'ssole responsibility. If the foregoing conditions or any other applicable conditions herein are notcomplied with, in addition to other remedies available to the Auctioneer and the Consignor bylaw, including without limitation the right to hold the purchaser liable for the bid price, theAuctioneer at its option, may either (a) cancel the sale, retaining as liquidated damages allpayments made by the purchaser, or (b) re-sell the property on 3 days notice to the purchaserand for the account and risk of the purchaser, either publicly or privately, and in such event thepurchaser shall be liable for the payment of any deficiency plus all costs, including warehousing, the expenses of both sales, and the Auctioneer's commission at its regular rates and all othercharges due hereunder, and incidental charges. No claims shall be allowed after removal ofgoods and no article shall be re-sold for purchaser at the sale where purchased. 9. Unless thesale is advertised and announced as an unrestricted sale or sale without reserve, Consignorsreserve the right to bid through the Auctioneer as agent on their own consignments. 10. TheAuctioneer reserves the right to cancel the sale or any portion thereof without prior or furthernotice, and to announce at any time additional conditions of sale. 11. Bidding will constitute fullacceptance of the terms and conditions herein. 12. Payment: Payment will be accepted in theform of Visa, MasterCard, American Express, Discover, personal check, cashier's check, bankwire transfer,Paypal, money order, and cash (in house only). *All purchases exceeding a totalamount of $1,000 USD being paid in the form of a credit card must provide a photo ID and copyof the credit card being used. All orders over $1,500 USD cannot be paid in the form of a creditcard. For internet bidders, if payment is not received within 5 business days following theauction, a payment reminder invoice will be sent. If payment is not received within 10 businessdays of the auction, we (Hill Auction Gallery LLC) reserve the right to void the sale of the item(s)to that bidder, and make the item(s) available for sale to the under bidder. In addition, any nonpaying bidder will be prohibited from registering for any future auction that is held by Hill AuctionGallery LLC. For auction floor bidders, if any item(s) remain unpaid after 10 business dayswithout prior agreement by Hill Auction Gallery LLC management, said item(s) will berelinquished by the bidder and the bidder will be prohibited from registering for any futureauctions held by Hill Auction Gallery LLC. 13. Shipping: Shipping fees listed with each lotpertain to continental USA shipping only. Non-continental USA shipping is subject to highershipping fees. International bidders will be referred to local third party shipper(s). Please inquireabout shipping to a particular country before the start of the auction. Purchased items will beshipped on a first paid, first shipped basis and may take up to twenty (10) business days for saidshipment to leave our (Hill Auction Gallery LLC.) auction house. For time sensitive shipments,we (Hill Auction Gallery LLC.) will expedite payment processing and shipping for a nominal fee.Items paid for by personal check are subject to a ten (10) business day hold for fundsclearance. All domestic mainland items are shipped via FedEx ground unless otherwisespecified or requested by the customer. For items that are too large for in-house shipment, agallery approved vendor will be provided for crate and freight services. For framed artwork,since we (Hill Auction Gallery LLC.) sell the item based on being framed and matted prior tobeing consigned to the gallery, we (Hill Auction Gallery LLC.) will not remove any item from theframe and/or matting, unless there is damage to a front glass panel prior to being sold.Sometimes there may be damage or alteration to the artwork that is not visible once the art hasbeen framed. However, upon removal from the frame it has been discovered on multipleoccasions that there was a flaw hidden from view, causing the item to be returned due tomisrepresentation. We (Hill Auction Gallery LLC.) will no longer provide frame removal service,nor will we (Hill Auction Gallery LLC.) assume responsibility of the artwork's condition if thewinning bidder decides to have the art removed from the frame by a third party shipper. 14.Insurance: All items are insured for the full purchase amount less carrier shipping charges, orthe maximum amount allowed by the carrier and/or country of destination. However, insuranceis not included in the specified shipping amount listed in the item description. Insurance may bepurchased at the rate of $1.00(US) per $100.00(US) of insurance coverage. All invoices aresent with insurance already factored into the shipping charge. The customer has the right towaive any insurance amount by providing written consent that the customer will not hold HillAuction Gallery LLC. or its shipping carriers responsible for damaged and/or lost shipments dueto uninsured/under insured packages. In some instances, we (Hill Auction Gallery LLC.) reservethe right to only ship certain items if insurance is purchased for the full amount of the item(s)being shipped. 15. Storage Fees: Oversize items, including items with "We Will Not Ship" listedin the lot description must be removed from our gallery within 15 Days after the auction, or will be subject to a $10 per lot, per day storage fee, unless other arrangements are made with thegallery. Once fees incurred are equal or above the cost of purchase price items will be forfeited.