Lot 1008: Ernest C. Withers, “Memorial March, After the Assassination of MLK, Jr in Memphis TN” [Photograph, Photography]

By bidding at auction, you agree to be bound by these Terms of Sale as amended and supplemented, whether you bid by telephone, through a representative, by internet, or by absentee bid. If you have any questions after having read the Terms of Sale, please call the Griffin Museum of Photography (the "Griffin Museum" or the "Museum") preferably before the day of the sale.

Qualifying to Bid

As a security measure for our grantors and us, all bidders must establish credit. You will be asked to furnish identification and a valid credit card number. If you are bidding as agent, we reserve the right to request a letter of authorization from your principal. If you are successful and do not remit payment as specified, the amount owed will be charged to your credit card together with such charges set forth in these Terms of Sale.

All bidders must register and receive a bidding number from the Auction House prior to bidding at auction.

Absentee Bids

Absentee bids submitted online must be received by us no later than two hours prior to the start of an auction's published start time. We accept absentee bids by phone from qualified bidders even during the auction up to 30 minutes before a Lot goes on the block. This is our first auction and we are not sure if we will be able to confirm the receipt of absentee bids. If you do receive a bid confirmation, please double check it for accuracy.

All absentee bidding is handled as though you are in attendance. We will bid on all designated Lots for you one bidding increment above where the competition stops up to your bid amount. Please check and comply with increments. In case of failure to comply, we will reduce each off-Increment bid to the increment below it. Generally, we will follow the bidding increments listed below; however, the auctioneer may change bidding increments during the auction for a particular lot at the auctioneer's sole discretion.

Final Words

This is the Griffin Museum's first ever charity auction. We have a small staff and some wonderful volunteers. If we make a few missteps, please be understanding and patient. We are doing our best.

Most importantly, many people have put in a tremendous amount of time and energy into this auction. There are some truly amazing works for sale for which we sincerely thank the photographers and other donors. Bid high, bid early and bid often. Do not hesitate to go above our high estimates. The estimates are only guidelines. This is a fundraiser for your museum. Help make it a smashing success! Thank you.


All absentee bidder names and bids are held in confidence, disclosed only in the event of a question after the sale. Absentee bidding is a convenience offered to our bidders and, while we will make every effort to execute your instructions, the Museum is not liable or responsible for any errors or failure to bid.

If you place absentee bids, and then choose to bid by phone or by any other means, it is solely your responsibility to cancel any or all absentee bids prior to the start of the auction. If you do not or cannot, regardless of reason, you will be held responsible for the purchase of any Lot for which you have placed a successful bid.

Telephone Bids and Contingency Bids

We will do our best to give you a telephone line for bidding provided we receive your request by mail, phone, or online by 4:00 p.m. on the day prior to the auction. After that time, we will gladly accept your absentee or online bids. Changes to bids left with us prior to the deadline will be accommodated as best we can, as will follow-up phone bids for those who are bidding by phone. We will do our best to confirm telephone bidders. If you do not receive a bid confirmation by 5:00 pm on the day prior to the auction, please call us. When you do receive a bid confirmation, please double check it for accuracy. We can call you at two phone numbers ONLY during the auction. If you are unsure of where you or your agent will be during the sale, we recommend you fill out a contingency bid on the bidding form that you submit to us.

Contingency bids are only available to you if you have made a telephone bid and have notified us no later than 30 minutes prior to the auction's published start time that due to unforeseen events, you may not be on the telephone at the time of the sale and therefore wish to leave a bid directly with the phone agent to make on your behalf. Please do not change your phone number after your phone lines have been confirmed; if you do, the Museum will not be responsible for any breakdown in communications.

We do not have the capacity to assign phone agents to clients who want to listen only or who will not bid the minimum selling price. Therefore, if you request to reserve a phone agent for bidding, you must be willing to open bidding and bid to the low estimate should the bidding go that far.

Bids are placed on the telephone at the discretion of the Museum and at the caller's risk. Telephone bidding is a convenience offered to our customers and, while we will make every effort to execute your instructions, the Museum is not liable or responsible for any errors or failure to bid.

Internet Bids

The Griffin Museum has engaged the services of a third party online bidding platform, which levies a fee for its services. Please proceed to www.Invaluable.com, for all necessary information on fees and how to bid and buy online using these platforms. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL THE GRIFFIN MUSEUM AND ITS GRANTORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THESE SITES.

If you place absentee bids with the GRIFFIN MUSEUM and/or through Invaluable and also bid by phone or any other means, it is solely your responsibility to cancel these bids prior to the start of the auction. If you do not or cannot, regardless of reason, you will be held responsible for the purchase of any Lot for which you have placed a successful absentee bid.

Absentee bids left on INVALUABLE's online bidding platform is released to the Museum when a Lot comes up for sale. Such absentee bids are considered received by us at the time they are released to us by INVALUABLE.

Reserves

A reserve is the confidential minimum price established by the Museum and the grantor. The reserve will never exceed the low estimate of a Lot. The Museum reserves the right to bid on behalf of the grantor at the auction up to the reserve.

Auctioneers Determination Final

A Lot will be sold to the highest bidder as determined in the sole and exclusive judgment of the auctioneer. The auctioneer will also have the sole and exclusive power and authority to: a) resolve any disputes between bidders; b) determine whether to pass or re-offer a Lot for sale; c) reject or challenge any bid or advance in the bidding; d) exclude any bidder from the auction and/or bidding; and e) otherwise regulate the bidders, the bidding and the bidding increments.

Successful Auction Bids

Upon the fall of the auctioneer's hammer an agreement for the sale of the Lot is created between the successful bidder and the consignor.

Auction Results

Since this is our first auction, we reserve the right to keep any or all results of the auction confidential at our discretion.

ALL LOTS DESCRIBED IN THIS CATALOGUE ARE SOLD "AS IS" EXCEPT AS EXPRESSLY STATED OTHERWISE. Our catalogue descriptions for Lots are expressions of our opinion only. All measurements listed in the catalogue are approximate. THE GRIFFIN MUSEUM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY LOT EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE TERMS OF SALE. Catalog illustrations may not be to scale or reflect the depicted Lot's actual size.

For each Lot, the grantor has represented and warranted to us that the grantor is the owner of such Lot or is acting as the authorized agent of the owner of the Lot and has the right to transfer title to the Lot free of all liens, claims and encumbrances.

The ARTIST and/or PHOTOGRAPHER retains all intellectual property rights and the copyrights to all images sold in this sale. The GRIFFIN MUSEUM retains all intellectual property rights and copyrights to the catalogue as a compilation work. No rights to reproduce or display any of the photographs are being given or sold and none should be assumed. Display of the images for personal use only is permitted.

Condition Reports

Condition reports are rendered as opinions by the staff and volunteers of the Museum and not as statements of fact. We do not guarantee the content of written or verbal condition reports. If you would like additional information, please call us or email. We will respond to requests as quickly as possible. If you need a condition report, please request and review it prior to reserving a phone line. Please be patient. We expect many requests and we will make every effort to respond to all of them in a timely fashion. We are not liable or responsible for any errors or failure to respond.

Estimates

The estimates provided in this catalogue are neither a representation nor a prediction of the hammer price that will be realized at auction, at a post-auction sale, or realized upon resale, which may be substantially different from our estimates in this catalogue. We shall not be liable for any discrepancies between our estimates and a price realized.

All successful bidders will be sent invoices by e-mail or mail (if we do not have an email address on file) within two business days following the auction.

We charge a buyer's premium on each Lot sold in amount equal to fifteen (15%) percent of the hammer price We do this for a few reasons. 1) Invaluable is charging a listing fee for their services. While the fee is at a greatly reduced amount available only for non-profits, it is still substantial. 2) Because of the reduced listing fee, Invaluable is also charging a fee based on a percentage of the hammer price. While the fee is also at a reduced amount for non-profits, it is something the Museum has to absorb as a cost of conducting this auction. 3) Auction houses all over the world charge buyer's premiums, usually in the 20% to 25% range. It is very rare for any auction house to charge a premium of only 15%.

We are a non-profit museum organized for your benefit. The buyer's premium basically covers our out-of-pocket expenses. Keep in mind that we exist because of your support. If you are not familiar with the auction process, remember that there will be a modest buyer's premium added to the hammer price. Your bids and the payment of the buyer's premium will help the museum serve you better.

Unless you are sales tax exempt, the Griffin Museum must collect Massachusetts sales tax (6.25%) on all Lots picked up at the Museum, or delivered or shipped to a Massachusetts address. If you are exempt from sales tax, please supply us with a sales tax exemption as soon as possible.

Payment of the Purchase Price

The hammer price, the Buyer's Premium, and any applicable taxes will be added together to comprise the total purchase price for each Lot (the "Purchase Price"). Payment of the Purchase Price in full is due immediately upon your receipt of our invoice. If payment is not received in full within fifteen (15) days, the Auction House reserves the right to impose interest at a rate of 1.5% per month prorated from the date of auction.

Upon our receipt of full payment from you, the Lot transfers to you. If you pay by check, title shall not transfer to you until the check has cleared.

Methods of Payment and Credit Card Processing Fee

Cash, Check, Wire Transfers, and Money Orders

Buyers can pay with their credit cards. Credit card processing fees will be covered by the Griffin's Buyer's premium.

Payments will be processed through the Griffin Museum PayPal account or through the Museum. Payments can be made using Visa, Mastercard, American Express and Discover cards. Payments can be also made by Wire Transfer, Money Order or Personal Check. Unless we know you, payment by check must clear before your item ships or can be released.

Each item in this catalogue is offered for sale subject to these Terms of Sale or as stated in the online auction catalog or by the auctioneer prior to a bid being accepted for an item. No other communications, in writing or orally, by any employee or representative of the Griffin Museum is binding, and all unofficial communications are made for informational purposes only.

Unless you are sales tax exempt, the Griffin Museum must collect Massachusetts sales tax (6.25%) on all Lots picked up at the Museum, or delivered or shipped to a Massachusetts address. If you are exempt from sales tax, please supply us with a sales tax exemption as soon as possible.

Transfer of Risk of Loss

Risk of loss shall transfer to you when you pick-up a Lot or on the 14th day after the auction, whichever is earlier. We are not responsible for any damage or loss that occurs to the Lot past such dates.

Pick-Up, Shipping and Storage Fees

All Lots must be removed from the premises of the Auction House no later than fourteen (14) days after an auction.

If Lots are not removed within thirty (30) days after an auction, we may in our sole discretion, remove any Lot to public storage at your risk and expense. All associated charges with such public storage will be charged to you and must be paid prior to our release of a Lot to you. Uncollected Lots left at the Auction House for ninety (90) days following an auction will be sold or added to the Museum archives.

If you choose to pick up a Lot from the Griffin Museum following an auction you must call 24 hours in advance to arrange pick-up. Regular hours for pick up are Tuesday - Sunday from 12:00pm to 4:00 p.m. Please bring your own packing materials. Any off hours pick-ups are made by special arrangement and/or by appointment only.

If you choose to have a lot shipped to you, you are solely responsible for the shipment. We will work with any shipper of your choosing. If you have any shipping preference for any reason, please make sure your shipper carries insurance. We are not responsible for any damage or loss that occurs while your objects are in another's care. We will also not be responsible for any damage or loss that occurs if you choose a shipping method that we have advised against, and we will require a waiver from you acknowledging this.

As a convenience to you, we will, if requested, release a Lot to a third party shipper. The third-party shipper will pack and ship or arrange shipment for you via UPS, FedEx or other carrier, fully insured for a fee payable in advance by credit card. Shipments are made within a few days after payment has been received. For the avoidance of doubt, we will not be responsible for any damage or loss that occurs to a Lot once we release it to a third-party shipper.

All international customs, duties, and other tariffs are your responsibility. The Auction House and all third-party shippers will declare the hammer price plus the Buyer's Premium as the value of a Lot in all cases.