Lot 83: Erastus Dow Palmer Marble, Memory

Westchester Fine Art Auctioneers & Appraisers, Inc. acts as an agent for various owners and consignors. We exercise care in describing all items listed and use our best educated judgment in attributing authorship, but offer no guarantee regarding authenticity, condition, or description beyond the terms of our Limited Warrantee expressed below. The items described in our catalog may be amended by notice or announcement at sale time. Hereinafter, Westchester Fine Art Auctioneers & Appraisers, Inc. is referred to as the Sellers agent. The owners or others authorized to sell the items are hereinafter referred to as Sellers. The person or persons acknowledged by the auctioneer to be the highest bidder on an item shall be hereinafter referred to as the Buyer or Buyers. Westchester Fine Art Auctioneers & Appraisers, Inc. reserves the right to change the terms of sale by oral announcement. Any such change shall become part of the Conditions of Sale. By the placing of a bid, whether present at the sale in person or by agent, by written or oral bid, by telephone or other means, the Buyer agrees to be bound by these conditions of sale.

1. The highest bidder acknowledged by the auctioneer shall be the Buyer. In the event of any dispute between bidders, the auctioneer has the absolute discretion to determine which bidder is the successful Buyer or to re-offer the item in dispute and resell it.

2. In the event of any dispute after the sale, Westchester Fine Art Auctioneers & Appraisers, Inc. record of the final sale price and of the successful buyer shall be conclusive. Westchester Fine Art Auctioneers & Appraisers reserves the right to withdraw any item before or during the sale.

3. Westchester Fine Art Auctioneers & Appraisers, Inc. reserves the right to sell items which are not listed in the catalogue(s), as well as offer unsold items of our choosing through private sales.

4. Many items in the auction are sold subject to a reserve. Such reserve is confidential, but in no case will the reserve exceed the low estimate. The auctioneer may reject any bid or increment not commensurate with the value of the lot.

5. Order bids are accepted. A deposit may be required. Absent parties may place bids by mail, email, fax or in person prior to the sale. Order bids must be placed 24 hours prior to the day of sale. Westchester Fine Art Auctioneers & Appraisers, Inc. will execute such bids up to the maximum amount specified. Westchester Fine Art Auctioneers & Appraisers, Inc. is not responsible for errors or omissions in the execution of these bids. Phones must be reserved 24 hours prior to the day of sale. Phone bidders are encouraged to leave a cover bid in case of technical failure.

6. A premium of 18% per lot of the successful bid will be applied to the individual hammer price of all lots sold, to be paid by the buyer as part of the purchase price. Payment may be made by cash, check or wire transfer. Purchases are subject to 7.38% NY sales tax. ALL ITEMS MUST BE PAID FOR WITHIN 10 DAYS OF THE SALE, AT WHICH POINT THEY WILL BE RELEASED FOR SHIPMENT OR DELIVERY.

7. Limited Warrantee: Although Westchester Fine Art Auctioneers & Appraisers, Inc. exercises due care in describing the items listed and we use good judgment in attributing authorship; we do not make any express or implied warrantee as to such authorship. Notwithstanding, Westchester Fine Art Auctioneers & Appraisers, Inc. may, but shall not be under obligation to, consider any reasonable request for refund on the grounds of authenticity of authorship only and only under the following conditions: A. Notification must be made to Westchester Fine Art Auctioneers & Appraisers, Inc. in writing within 3 weeks of the auction or within 7 days of receipt of the item, if paid within 2 weeks of the sale. B. The items must be returned within 28 days of the sale, accompanied by written testimony from a recognized authority that the lot in question is a forgery or was grossly misrepresented somehow. C. The limited warrantee does not extend to the lots identified as attributions, school, circle, manner, or after. D. The limited warrantee is applicable only to the original Buyer.

8. All property is sold "as is".

9. As a convenience to the Buyer, Westchester Fine Art Auctioneers & Appraisers, Inc. may make a referral for packing and shipping. This is at the request, expense, and risk of the Buyer, and Westchester Fine Art Auctioneers & Appraisers, Inc. assumes no responsibility for the items or the timing of delivery. Insurance for in transit items is the responsibility of the buyer.

BIDDING AT OUR AUCTION, WHETHER IN PERSON, BY AGENT, ORDER BID, TELEPHONE, INTERNET OR OTHER MEANS, CONSTITUTES YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE "CONDITIONS OF SALE".

Buyer must contact an independent shipper for estimates, payment of shipping and completing shipping arrangements. A list of recommended shippers is provided below.

(1) The UPS Store
980 Broadway
Thornwood, NY 10594
(914) 747-3700
store0539@theupsstore.com
contact Peter C.


(2) Ship Smart
(800) 554-5574
www.shipsmart.com

Buyer must contact an independent shipper for estimates, payment of shipping and completing shipping arrangements. A list of recommended shippers is provided below.

(1) The UPS Store
980 Broadway
Thornwood, NY 10594
(914) 747-3700
store0539@theupsstore.com
contact Peter C.


(2) Ship Smart
(800) 554-5574
www.shipsmart.com