The Collection of John and Virginia Duncan - Session II

These conditions of sale are Everard Auctions and Appraisals ("we," "us" or "our"), and the consignor's entire agreement with the bidder or purchaser ("you" or "your") for the property listed in the auction catalog. These conditions of sale and the contents listed in the catalog are subject to amendment by us by the posting of notices. By bidding at any of our auctions, whether in person or by agent, by written or any other means, you agree to be bound by the following conditions of sale: 1. PROPERTY SOLD AS IS. 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, express or implied. Prospective bidders are strongly advised to personally examine any lots in which they are interested before the auction takes place. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. Everard Auctions and Appraisals attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections, or the conditions of aging. Please REVIEW OUR DETAILED PHOTOS to help in determining condition. You are encouraged to request a condition report on items you are interested in bidding on. We do not guarantee the condition of frames. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. If your item(s) are damaged in shipping, you will need to contact the shipper to file a claim. 2. PROPERTY AVAILABLE FOR INSPECTION. It is your responsibility to inspect the property before bidding to determine your level of interest. We strongly encourage an inspection so that you may determine the property's condition and whether it has been repaired or restored. Everard Auctions and Appraisals nor the consignor makes any warranties or representations of any kind or nature with respect to the property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of property or estimate of value. No statement (oral or written) in this catalog, at the sale, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. All measurements and weights are approximate. 3.ESTIMATES. Each lot is given a low and high sale estimate, based on market conditions and previous auction history, as an indication of the range in which the lot might sell at auction. It should not be relied on as a representation or prediction of actual selling prices. 4. PROPERTY WITHDRAWAL. We reserve the right to withdraw any property before or at a sale and cannot be held liable for any such withdrawal. 5. LOTS WITH RESERVES. We may offer lots subject to a "reserve," which is a confidential minimum price below which a lot will not be sold. For most lots, the start bid is the reserve. 6. BIDDING PROCEDURE. The successful bidder is the highest bidder at the time the lot is closed. In the event of any dispute or in the event of doubt on Everard Auctions and Appraisal's part as to the validity of any bid, Everard Auctions and Appraisals 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, Everard Auctions and Appraisal?s sale record is conclusive. 7. ABSENTEE AND PHONE BIDDING NOT GUARANTEED. In our sole discretion we may permit and execute absentee bidding, including written bids, telephone bidding, and internet bidding, as a convenience to you if you are unable to attend an auction. Phone bid arrangements must be made 24 hours prior to start of the auction. We are not responsible for any errors or omissions related to this type of bidding. You further agree to hold us harmless should we fail in any way to execute properly this type of bid for you. As we get many requests, all phone bidders must be willing to bid at least the low estimate for the lot. 8. PAYMENTS. Payments are expected within 7 calendar days of receiving your invoice. You will pay us the total purchase price for a lot by credit card, cash (US currency not to exceed $10,000 in a single or multiple related payments), check, or wire transfer, before the property can be removed. You must quote your invoice number when making a payment. A 3% Convenience Fee will be applied to all credit card payments. No fee will be levied if payment is made by Wire Transfer, Cash or Check. Please note a flat $15 fee for wire transfers should be included in the amount wired. For all payments made by check, we reserve the right to hold the merchandise for 7 Business days or until cleared or certified funds are provided. The purchaser will be charged $35.00 for each check returned for insufficient funds. Additionally, all payments made after 30 days will be subject to a 1.5% Late Payment Fee which will continue to accrue and compound per each additional 30 day period. Everard Auctions and Appraisals reserves the right to demand payment by wire transfer for jewelry for all New and/or International buyers. 9. PROPERTY REMOVAL. You must pay for purchased lots within 7 calendar days and remove all purchased lots, at your expense, within 20 calendar days unless we have provided prior written consent otherwise. If you do not remove property at that time, we will charge you a PER LOT charge of $10 per lot that the property remains at the sale site. We are not responsible for any purchased property left at the site of sale. After 45 days, all property left at sale site will be considered abandoned and property of Everard Auctions and Appraisals. 10. TITLE TO PROPERTY. Title passes to the highest acknowledged bidder subject to these conditions of sale. At that time, that bidder assumes full risk and responsibility for that lot, including liability for damage to frames or glass covering lot property. The successful bidder will immediately pay us the full purchase price, unless we have provided our advance written consent to another payment arrangement. Packing and handling of purchased lots is at the entire responsibility and risk of the purchaser. We are not responsible for the acts of movers or packers and any packing or handling by us is at the entire risk of the purchaser. 11. BUYERS PREMIUM; TAX. The total purchase price to be paid for each lot of property by you is the amount of the successful bid price plus a premium of 25%. Unless exempt by law, all purchases (including buyer's premium) are subject to 7% GA sales or use tax. 12. PURCHASER IN DEFAULT; OUR REMEDIES. If you do not comply with any of these Conditions of Sale, you will be in default, and you agree that we and/or the consignor will have the right to pursue any remedies at law or otherwise against you as we or the consignor may determine in our or its sole discretion, including: (i) holding you liable for the total purchase price (including buyers premium); (ii) canceling the sale of that or any other lots sold to you at the same time or any other auction, retaining as liquidated damages all payments made by you and reselling the property in any manner we determine without reserve. If this occurs, you, the purchaser will be liable for any deficiency, any and all costs, handling charges, late charges, expenses of both sales, our commission on both sales at our regular rate, legal fees and expenses, collection fees and incidental damages; (iii) setting off the amount you owe us from a default against any amounts that we may owe you in other transactions; (iv) rejecting any bids by you or that we determine in our sole discretion are being made on your behalf at other auctions or requiring you to place a deposit with us before accepting your bids; or (v) effecting a combination of any of the foregoing as well as any other legal or equitable remedies we may have against you. In addition, you agree to pay us upon demand for all costs, including reasonable attorney?s fees, that we incur in pursuing any remedy against you in connection with these conditions of sale. 13. LIMITATION ON LIABILITY. In no event will our liability to you exceed the purchase price actually paid. 14. REFUND POLICY. All items are sold as-is, where-is, with all faults. There are no warranties or representations of merchantability of any kind, express or implied. All artists' names and dates recorded in this catalog are not to be taken as qualified attributions to the artists named. No attributions to any artist or date are made or intended as to authorship or date of execution. Therefore, none of the property in this catalog is subject to any guarantee of authenticity and/or provenance and all of the property is sold as is. Occasionally, brand-name items may contain less than 100% brand name parts. In any case, exact dates, sizes, weights, and country of origin are not guaranteed for any item. Minor imperfections shall not be cause for voiding a sale. We do not give refunds. All sales are final. No statement written or oral made by the auctioneer or any employee of Everard Auctions and Appraisals shall be deemed a warranty or assumption of liability by Everard Auctions and Appraisals or by any seller represented by Everard Auctions and Appraisals. 15. GOVERNING LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL. These conditions of sale are governed by the laws of the State of Georgia. In connection with any dispute arising with us under this agreement or otherwise, you consent to the exclusive jurisdiction of the state and federal courts located in the state of Georgia, in Chatham County, regardless of where you may reside or have a place of business. You waive all rights you may have to a jury trial in connection with any dispute arising with us under this agreement or otherwise. 16. COPYRIGHT. The copyright in all images, illustrations and written material produced by or for Everard Auctions and Appraisals relating to a lot, including the contents of this catalogue, is, and shall remain at all times, the property of Everard Auctions and Appraisals and shall not be used by the buyer nor by anyone else, without our prior written consent. Everard Auctions and Appraisals reserves the right to reproduce any image of the lots sold in this catalogue. 17. EXPORTING, IMPORTING, AND ENDANGERED SPECIES (a) The shipping of a lot is affected by United States export laws or the import laws of other countries. If you are outside the United States, then local laws may prevent you from importing a lot. You alone are responsible for seeking advice prior to bidding and meeting the requirements of any law or regulation applying to the export or import of a lot. (b) Lots made of or including (regardless of the percentage) endangered and other protected species of wildlife--such as, among other things, ivory, tortoiseshell, crocodile skin, rhinoceros horn, whalebone, certain species of coral, and Brazilian rosewood--may be subject to export controls in the US and import controls in other countries. You should check the relevant wildlife laws and regulations before bidding on any lot containing wildlife material if you plan to export the lot from the United States, import the lot into another country, or ship the lot between states. Your purchase of a lot containing endangered and other protected species of wildlife is at your own risk, and you shall be responsible for any scientific test or other reports required for export from the United States or for shipment between states. We will not cancel your purchase and refund the purchase price if your lot may not be exported, imported, or shipped between states, or if it is seized for any reason by a government authority. It is your responsibility to determine and satisfy the requirements of any applicable laws or regulations relating to import, export, and/or interstate shipping of a lot containing endangered and other protected species of wildlife. 18. SELECT LOTS. Everard Auctions and Appraisals may designate certain lots as Select Lots and will require pre-registration authorization to bid. The pre-registration application must be received by Everard Auctions and Appraisals at least 2 business days prior to the auction. Everard Auctions and Appraisal?s decision whether to accept any application is final. We cannot obtain financial references over weekends or public holidays.