1. The highest Bidder to be the Buyer, and if any dispute arise
between two or more Bidders, the Lot so in dispute shall be immediately
put up again and re-sold.
2. The Auctioneer reserves the right to reject any bid which is
merely a nominal or fractional advance, and therefore, in his judgment,
likely to affect the Sale injuriously.
3. The Purchasers to give their names and addresses, and to pay
down a cash deposit, or the whole of the Purchase-money, if required,
in default of which the Lot or Lots so purchased to be immediately
put up again and re-sold.
4. The Lots to be taken away at the Buyer’s Expense and Risk
within twenty-four hours from the conclusion of the Sale, and the
remainder of the Purchase-money to be absolutely paid, or otherwise
settled for to the satisfaction of the Auctioneer, on or before delivery;
in default of which the undersigned will not hold themselves responsible
if the lots be lost, stolen, damaged, or destroyed, but they will
be left at the sole risk of the Purchaser.
5. While the undersigned will not hold themselves responsible for
the correctness of the description, genuineness, or authenticity of, or
any fault or defect in, any Lot, and make no Warranty whatever,
they will, upon receiving previous to date of Sale trustworthy expert
opinion in writing that any Painting or other Work of Art is not
what it is represented to be, use every effort on their part to furnish
proof to the contrary; failing in which, the object or objects in question
will be sold subject to the declaration of the aforesaid expert,
he being liable to the Owner or Owners thereof, for damage or injury
occasioned thereby.
6. To prevent inaccuracy in delivery, and inconvenience in the
settlement of the Purchases, no Lot can, on any account, be removed
during the Sale.
7. Upon failure to comply with the above conditions, the money
deposited in part payment shall be forfeited; all Lots uncleared
within one day from conclusion of Sale shall be re-sold by public or
private sale, without further notice, and the deficiency (if any)
attending such re-sale shall be made good by the defaulter at this
Sale, together with all charges attending the same. This Condition
is without prejudice to the right of the Auctioneer to enforce the contract
made at this Sale, without such re-sale, if he thinks fit.
8. The undersigned are in no manner connected with the business
of the cartage or packing and shipping of purchases, and although
they will afford to purchasers every facility for employing careful
carriers and packers, they will not hold themselves responsible for the
acts and charges of the parties engaged for such services.
The AMERICAN ART ASSOCIATION, Managers.
THOMAS E. KIRBY, Auctioneer.