Lot 2322: Dwight Clark Shepler, painting

MILLEA BROS. LTD. TERMS & CONDITIONS OF SALE
The property listed in this auction catalog will be offered by Millea Bros. Ltd. (Millea Bros.) as owner or as agent for their consignor(s) subject to the following terms and conditions. Any of the following conditions of sale may be amended, waived, or modified in the sole discretion of Millea Bros. Ltd. By placing a bid, whether present in the saleroom or by any other means, the buyer (bidder, purchaser) agrees to be bound by the following conditions of sale:

1) All property is sold in "as is" condition and all sales are final. Neither Millea Bros. nor their consignor(s) makes any representations or warranties, express or implied, with respect to the property or the correctness of the catalogue or other description of the authenticity of authorship, physical condition, size, age, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property or otherwise. Original provenance documentation depicted in the item listings may be replaced with copies at the auctioneer's discretion. This documentation is provided as a courtesy to the bidder.

2) The highest bidder acknowledged by the auctioneer shall be the buyer. The auctioneer reserves the right to reject any bid and shall advance the bid at his/her sole discretion. In the event of a dispute between bidders, the auctioneer has absolute discretion to determine the successful buyer or to re-sell the disputed lot. If a dispute arises after the sale, Millea Bros.' record of the successful buyer and final sale price shall be conclusive. Millea Bros. reserves the right to withdraw, combine or divide any lot at any time before bidding commences.

3) The auctioneer has sole and exclusive discretion, and authority to regulate the following bidding increments:

$0 - $100 ................$10
$101 - $500 ..............$25
$501 - $1,000 ............$50
$1,001 - $2,000 .........$100
$2,001 - $5,000 ........$250
$5,001 - $10,000 .......$500
$10,001 - $50,000 .....$1,000
$50,001 - $100,000 ....$2,500
$100,001 - $150,000 ...$5,000
$150,001 - and up ....$10,000

4) Some lots offered for sale may be subject to a reserve, which is a confidential minimum price below which a lot will not be sold. Under no circumstance will a reserve exceed the low estimate of the lot being offered. Consignors are prohibited from bidding on their own property, however, the auctioneer may implement reserves by bidding on behalf of the consignor. If bids on a lot fail to reach the reserve, the lot will be "passed" or "bought-in".

5) Absentee and Internet bidding is offered as a convenience to our customers, and while we will make every effort to carry out your instructions, Millea Bros. cannot be held responsible for errors and omissions resulting in failure to execute your absentee bids.

6) Users of third-party internet bidding services shall indemnify and hold Millea Bros. and its consignors harmless against any claim arising out of or resulting from the use of such Internet Bidding Services, including all losses, damages, liabilities, and all fees, including reasonable attorney's fees, costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall Millea Bros. and its consignors be liable for lost profits or any special, incidental, or consequential damages that result from the use of, or the inability to use Internet Bidding Services.

7) Title of each lot passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder. Thereafter, any loss by fire, theft, breakage, or any other cause is the sole responsibility of the purchaser. Merchandise must be packed and transported by the purchaser at his/her own risk and expense. If any employee or recommended agent of Millea Bros. shall pack or transport the merchandise, it is fully at the risk, responsibility, and expense of the purchaser and Millea Bros. shall not be liable for any loss or damage that may be caused by such employee or agent. Under no circumstances will Millea Bros.' liabilities to a purchaser exceed the purchase price actually paid.

8) The purchase price of each lot shall be the amount of the successful bid plus a twenty five percent (25%) buyer's premium. Unless exempt by law, all purchases, including buyer's premium, are subject to all state and local taxes applicable at the time of payment.

9) All payments are due immediately upon receipt of invoice. Payments will be accepted by cash, bank transfer, or check. Non-US purchasers must make payment using a US-dollar denominated check. Credit card payments are also accepted, but only under the following conditions: 1) the invoice is less than $2,000; 2) the credit card is swiped and an original signed receipt can be obtained at the time of the transaction or payment is made directly via our online invoice. Property purchased during the auction may not be removed until the full purchase price, including buyer's premium and all applicable taxes, have been paid. Millea Bros. reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Millea Bros. a handling charge of $35 for any check returned for insufficient funds. A service charge of 1.5% will be added each month to unpaid balances beginning 30 days after the sale date. Any invoice not paid in full within thirty (30) days after the auction may be cancelled and the sale rescinded without further notice to the purchaser.

10) Thank you for your participation in our auction during these extraordinary times. Though we do not ship to winning bidders ourselves, to help make the buying process as easy and hassle-free as possible, we are relaxing our pickup procedure for this sale. With restrictions on gallery access and transportation currently in place, we are happy to store all purchases onsite until normal transportation options resume (up to 90 days following the close of the sale). As of now, we believe that our local UPS store will be able to pick up and deliver small purchases, and that our shipping partner, DAKS Global, can pick up any item you may purchase. Feel free to make arrangements with them if you are eager to receive your purchase right away. If you plan to pick up your purchase in person, it is important to call us in advance to make an appointment. We have developed a pickup procedure that meets state mandated social distancing requirements. If you have a third party shipper you prefer to use, we can hold your item until they can safely make pickup arrangements. We appreciate you letting us know as soon as possible what shipping method you choose, so we can make the appropriate accommodations for a smooth transaction. We will keep in touch with successful bidders via email as the situation progresses. Take care and stay healthy.

11) If any applicable conditions contained herein are not complied with by the purchaser, Millea Bros. may, in addition to other remedies available by law; (a) hold the purchaser liable for the total purchase price; (b) retain any payment made by the purchaser, and/or (c) cancel the sale and resell the property without reserve and the original purchaser will be liable for any deficiency and added cost.

NOTE REGARDING ANIMAL MATERIALS
Certain property contained in this catalog may be constructed from, or may incorporate animal materials, and may require a license, permit or certificate for exportation or resale. It is the sole responsibility of the purchaser to obtain appropriate licenses. The sale of a lot will not be canceled if a purchaser cannot obtain the appropriate license, permit or certificate. CITES documents are not provided unless specified in the lot description.

Thank you for your participation in our auction during these extraordinary times. Though we do not ship to winning bidders ourselves, to help make the buying process as easy and hassle-free as possible, we are relaxing our pickup procedure for this sale. With restrictions on gallery access and transportation currently in place, we are happy to store all purchases onsite until normal transportation options resume (up to 90 days following the close of the sale). As of now, we believe that our local UPS store will be able to pick up and deliver small purchases, and that our shipping partner, DAKS Global, can pick up any item you may purchase. Feel free to make arrangements with them if you are eager to receive your purchase right away. If you plan to pick up your purchase in person, it is important to call us in advance to make an appointment. We have developed a pickup procedure that meets state mandated social distancing requirements. If you have a third party shipper you prefer to use, we can hold your item until they can safely make pickup arrangements. We appreciate you letting us know as soon as possible what shipping method you choose, so we can make the appropriate accommodations for a smooth transaction. We will keep in touch with successful bidders via email as the situation progresses. Take care and stay healthy.

We recommend that all potential buyers obtain pack/ship estimates prior to bidding. For pack/ship quotes, we suggest contacting DAKS Global Logistics (call 484.879.6678 or email sales@daksglobal.com). Again, you may use any shipper of your choosing.

We have made every attempt to note any significant condition issues, however, the absence of a condition statement does not indicate that it is free from imperfection.

All payments are due immediately upon receipt of invoice. Payments will be accepted by cash, check, bank transfer or, for an additional fee, credit card (on invoices under $2,000). Property purchased during the auction may not be removed until the full purchase price, including buyer's premium and all applicable taxes, have been paid. We reserve the right to hold merchandise paid for by check until the funds have cleared. Any invoice not paid in full within thirty (30) days after the auction may be cancelled and the sale rescinded without further notice to the purchaser.

All purchases are subject to a NJ sales tax of 7% on the total purchase price, final bid plus the Buyer's Premium, as defined in paragraph 8 of the Conditions of Sale, unless the purchaser provides proof of exemption. Buyers claiming exemption from sales tax must submit appropriate documentation to Millea Bros. Ltd. including a properly completed New Jersey State Resale Certificate (ST-3 Form) or equivalent out-of-state resale authorization with business card or letterhead.