Lot 509: "The Victorious Gladiator" Tim Holmes (American, born

All bidders are responsible for reading and understanding the following terms of sale, as well as any supplemental notices or announcements. By participating in our sale you acknowledge that you are bound by these terms and conditions. Place a bid only if you're serious about buying the item. If you are the successful and winning bidder, you have entered into a legally binding contract. If you are using Google Translate services, it often translates it into nonsense. For the purpose of this legal contract, the original English version is the only effective version.

Absentee and Telephone Bids

To place telephone and absentee bids (excluding absentee bids made online), please go to www.montgomeryauction.net to register, download and submit the absentee form 24 hours in advance of the sale to provide required information and method of payment. A $1000 deposit is required for all phone bidders 48 hours before the sale.

As IS condition

All sales are final. The Auctioneer will describe the item to the best of their ability. The Auctioneer and the Consignor assume no risk, liability or responsibility for the condition, authenticity or the authorship of any property identified in the catalog (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 herein). All property is sold AS IS and neither the Auctioneer nor the Consignor makes any warranties or representations of any kind or nature with respect to the property, and in no event shall be responsible for the correctness or any implied warranty or merchantability or any implied warranty of fitness for a particular purpose as it relates to description, genuineness, attribution, provenance, safety, reliability or condition of the property. If any implied warranties of merchantability or fitness for a particular purpose can be construed from the catalog, auction, or bill of sale, such warranties are disclaimed by the Auctioneer and the Consignor. No statement in the catalog or made at the sale or in the Bill of Sale or invoice or elsewhere shall be deemed such a warranty or representation or an admission of liability.

Reserves

Some of the lots in this sale are offered subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and the auctioneer, below which the lot will not be sold. A representative will execute such reserves by bidding for the consignor. In any event and whether or not a lot is subject to a reserve, the auctioneer may reject any bid or raise not commensurate with the value of such lot.

Purchaser Default

If the purchaser fails to pay or comply fully with any provisions of the Terms and Conditions, the purchaser will be in default. In addition to other remedies available to the auctioneer and the consignor by law, including the right to hold the purchaser liable for the total purchase price, including all premiums, charges and expenses specified in the Terms and Conditions, the auctioneer may, at its option, (a) cancel the sale of the lot on which the purchaser defaulted, and of any other lot(s) sold to the defaulting purchaser at the same or any other auction(s), and retain as liquidated damages all payments made by the purchaser, (b) resell the purchased Property, whether at public auction or private sale, or (c) pursue any combination of (a) and (b). In the event of any default by purchaser, purchaser will be liable to the auctioneer and the consignor for any deficiency, any and all costs and expenses, including reasonable attorneys' fees, collection fees and expenses, handling charges, late charges, expenses of both sales, premiums and other damages. Furthermore, bidder grants authorization to the auctioneer to automatically charge bidder's credit card(s) for all amounts due in the event payment for lot(s) is not made within 4 days of the sale.

Limitation of Liability

In no event shall the Auctioneer's liability for any breach, or act or omission exceed the purchase price actually paid by the Buyer, and in no event shall the Auctioneer have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of Buyer or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to the lot or its purchase, sale, delivery or non-delivery, or the acts or omissions of the Auctioneer or it's agents, representatives, officers, directors, stockholders, members, managers, employees, consultants or affiliates.

These conditions of sale shall be governed by the laws of the State of Maryland.

A Buyers premium of 22% will be automatically added to your invoice. Online bids are subject to an additional 5% charge.

Payment is required within 48 hours from the end of the auction. We accept Credit Cards, Bank Wires, Certified Checks, and Cash. All payments must be cleared before we can release the item.

Shipping is the responsibility of the buyer. We provide in-house shipping for most small items. Please read each description to find out if your purchase/item is qualified for in-house shipping. To ship large items, successful buyers will get contact information for the local shipping agencies/UPS stores after the sale. Buyer can also use your own shipping company to handle packing and shipping. Once payment is cleared, the title and risk of loss passes to the buyer. We are not a shipping and packing service provider, any damage or loss during shipping is the buyer's responsibility. Some property that is sold at auction can be subject to laws governing export from the U.S., such as items that include material from some endangered species. Import restrictions from foreign countries are subject to these same governing laws. Granting of licensing for import or export of goods from local authorities is the sole responsibility of the buyer. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of these lots.

Sales Tax

All sales to Maryland residents or if you are picking up your items from our office are subject to 6% Maryland State Sales Tax unless a valid Maryland sales tax exemption number is on file. Overseas buyers are exempt from paying local taxes but are responsible for all taxes, fees and duties in relation to exporting/importing items into their country.