TERMS AND CONDITIONS OF SALE

The following Terms and Conditions of Sale, as amended by any oral announcements by the auctioneer, apply to all interested parties and participants and all sales are bound by and subject to these provisions.

All purchases are subject to Kentucky law, with six percent sales tax applying unless the work is shipped out of Kentucky by common carrier. No buyer’s premium will be charged. Payment is by cash, approved check, Visa, Master Card, Discover or American Express. Packing and shipping are available through Collectors Gallery for charges available at sale time. Title, risk and responsibility for the artwork pass to the highest bidder at the fall of the auctioneer’s hammer, and Harness Tracks of America, hereafter known as HTA, is not responsible for any loss by the buyer as a result of damage or theft of an article once purchased. If any applicable conditions are not complied with by the purchaser, including without limitation the right to hold the purchaser liable for the total purchase price, HTA and the Consignor, in addition to other remedies available, may at their option either a) cancel the sale or b) resell the property, in which case the purchaser shall be liable for any deficiency, cost, including handling charges, and other expenses of both sales. Some items may be subject to a reserve by the Consignor, and the auctioneer may bid on behalf of the consignor or HTA, and reject any bid that he feels is not commensurate with the value of the item(s) to be sold. Disputes will be resolved at the discretion of the auctioneer. HTA reserves the right to withdraw any property at any time before its actual sale.

HTA will endeavor to answer to the fullest extent possible any and all reasonable questions posed concerning the condition of any work of art. Descriptions concerning quality, condition and authenticity of all items are provided by Consignors and HTA makes no representation or warranty with respect to any such description. All items are sold "AS IS" and no statement or representation made by any employee of HTA shall be deemed such representation or warranty. Prospective bidders should inspect the property before bidding to determine its condition, size, and whether or not it has been repaired or restored. No representation or warranty is made as to whether the buyer acquires any reproduction rights of the property. Requests for refunds will only be considered only on the grounds of authenticity. All such requests must be made within fifteen (15) days of the auction and must be supported by the written testimony of at least two recognized experts in the field with respect to the specific artist involved. Only if the disputed article is in the same condition as when sold by HTA will a request for refund be considered. In the event HTA agrees to rescind the sale, which decision shall be at HTA’s sole discretion, the original purchase price shall be refunded to the buyer. Such rescission and refund is exclusive and in lieu of any other remedies which might otherwise be available as a matter of law.

Mail, fax and e-mail bids should be directed to HTA, 4640 E. Sunrise Drive, Suite 200, Tucson, AZ, 85718, phone 520-5292525, fax 520-529-3235, e-mail info@harnesstracks.com. All bids must be acknowledged by HTA personnel by phone, fax or e-mail to be valid. All advance bids must be received by Thursday, October 7, 2004. Phone bids are accepted on sale day on a first-come, first-serve basis, but phone bidders must make arrangements with HTA in advance of the sale, in which case HTA representatives will call in advance of the sale of the item of interest. Advance bidding arrangements can be made with the HTA office (520) 529-2525, or after October 1 by calls to these cell phone numbers, all area code 520: 907-5726; 907-8986; or 241-8121. This is provided as a service for those who cannot attend the auction, but phones are not the perfect medium for bidding at auction and, while every effort will be made to accommodate phone bidders, HTA will not be responsible for missed calls. The telephone number for the Tattersalls Sales Arena, where the sale will be held, is 859-422-7253, or 422-SALE.

While Harness Tracks of America attempts in all cases to provide an accurate description of condition, it is in no way to be understood as a guarantee. Potential bidders are urged to examine any item in the sale prior to bidding in person and/or have a qualified expert or representative do so for them. The descriptions used in this catalog, including size, are approximate. All paintings are sold framed. All sales are final subject to the conditions above. Bidding on any item indicates acceptance of these terms. The Uniform Commercial Code Title II, section 2-328 applies to this auction sale.