Auction SITE Santa Fe 2009

The property offered in this sale will be offered and sold by SITE Santa Fe. Any questions should be directed to SITE Santa Fe and not to Sotheby’s, Inc., (“Sotheby’s”), which serves merely as auctioneer for SITE Santa Fe in conducting the auction sale and participates on the following terms and conditions, as amended by any posted notices or oral announcements during the sale, which govern the sale of all the property offered at the auction:

1. (a) Neither Sotheby’s nor SITE Santa Fe assumes any risk, liability, or responsibility for the authenticity or the authorship of any property offered at this auction (that is, the identity of the creator or the period, culture, source, or origin, as the case may be, with which the creation of any property is identified).

(b) All Property is sold “as is” and neither Sotheby’s nor SITE Santa Fe makes any representations or warranties of any kind or nature, expressed or implied, with respect to the property, and in no event shall either of them be responsible for the correctness of any catalogue or notices or descriptions of property, nor be deemed to have made, any representations or warranty of physical condition, size, quality, rarity, importance, genuineness, attribution, authenticity, provenance, or historical relevance of the property. No statement in any catalogue, notice, or description made at the sale, in any bill of sale invoice or elsewhere, shall be deemed such a representation or warranty or any assumption of liability. Neither Sotheby’s nor SITE Santa Fe makes any representation or warranty, expressed or implied, as to whether the purchaser acquires any reproduction rights in the property. Prospective bidders should inspect the property before bidding to determine its condition, size, and whether or not it has been repaired or restored.

2. Any property may be withdrawn by Sotheby’s or SITE Santa Fe at any time before the actual sale without any liability.

3. Sotheby’s and SITE Santa Fe reserve the right to reject a bid from any bidder. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have sole and final discretion either to determine the successful bidder or to reoffer and resell the article in dispute. If any dispute arises after the sale, SITE Santa Fe’s sale records shall be conclusive in all respects.

4. If the auctioneer determines that any opening bid is not commensurate with the value of the article offered, he may reject the same and withdraw the article from sale, and if, having acknowledged an opening bid, he decides that any advance thereafter is insufficient, he may reject the advance.

5. On the fall of the auctioneer’s hammer, the highest bidder shall be deemed to have purchased the offered lot subject to all of the conditions set forth herein and thereupon (a) assumes the risk and responsibility
thereof (including without limitation damage to frames or glass the covering prints), (b) will sign a confirmation of purchase thereof and (c) will pay the full purchase price therefore or such part as SITE Santa Fe may require. All property shall be removed from SITE Santa Fe’s premises by the purchaser at his expense no later than four days following its sale and, if not so removed, will be sent by SITE Santa Fe at the expense of the purchaser to a public warehouse for the account, risk, and expense of the purchaser and such added charges will then be added to the purchase price of the object. If the foregoing conditions and other applicable conditions are not complied with, in addition to other remedies available to SITE Santa Fe by law, including, without limitation, the right to hold the purchaser liable for the bid price, SITE Santa Fe at their option, may either (a) cancel the sale, or (b) resell the property on three days notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for payment of any deficiency, all other charges due hereunder and incidental damages.

6. Any checks should be payable to SITE Santa Fe and not to Sotheby’s.

7. (a) In the case of order bids or bids transmitted by telephone, Sotheby’s and SITE Santa Fe are not responsible for any errors or omissions in connection with such bids. (b) All lots are offered for sale subject to a reserve, which is the confidential minimum price below which such lot will not be sold. Sotheby’s may implement such reserve by bidding up to the reserve on behalf of SITE Santa Fe.

8. SITE Santa Fe is not responsible for the acts or omissions of carriers or packers of purchased lots, whether or not recommended by them. Packing and handling of purchased lots by SITE Santa Fe or its agent is at the entire risk of the purchaser.

9. The Conditions of Sale as well as the purchaser’s, Sotheby’s, and SITE Santa Fe’s respective rights and obligations hereunder shall be governed by and construed and enforced in accordance with the laws of New Mexico. By bidding at an auction, whether present in person, or by an agent, order bid, or other means, the purchaser shall be deemed to have consented to the jurisdiction of the state and federal courts of the State of New Mexico.

10. Please note that three artists have requested that the successful purchaser sign an agreement regarding the following lots: Lot 11 (Jenny Holzer): the artist has requested that the purchaser agree not to sell this work at auction for a period of ten years from today. Lot 14 (Vera Lutter): the artist has requested that the purchaser agree to preapprove with the artist all requests to reproduce the image. Lot 20 (Matthew Ritchie): the artist has requested that the purchaser agree that, if the work becomes available for resale, he/she offers Andrea Rosen Gallery right of first refusal at fair market value. Copies of these documents are available in advance upon request.