ACCEPTANCE OF TERMS: Buyers registering for and using Hesse Galleries bid number card and/or Absentee/Phone Bid Form agree to the following TERMS OF SALE.

INSPECTION: All items are available for inspection whether on the floor, on the walls, or in the showcases. Buyers are encouraged to thoroughly inspect all items to be sold and to do so during advertised preview time. Assistance with inspection will be provided on request during scheduled preview time. Buyers, including absentee bidders, are responsible for making their own decisions regarding age, condition, etc.

ALL SALES FINAL - NO RETURNS: Hesse Galleries provides ample opportunity for buyers to thoroughly inspect goods to be sold. All purchases should be made on the buyer's own recognizance. All persons bidding in absentee who have not physically inspected the goods prior to the sale are also subject to these terms. All lots are sold "as is". There are no warranties expressed or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. Hesse Galleries and consignors make no guarantee or warranty as to the authenticity of the merchandise, the correctness of the catalog, nor shall any description (oral or written) of condition, size, quality, rarity, importance or provenance be deemed a guarantee.

DISPUTED BID: If after the auctioneer declares any item "sold", a contest arises between bidders as to who was the successful bidder, the auctioneer reserves the right to reopen the bidding on the contested item.

BUYER'S PREMIUM: In those sales where there is a Buyer's Premium, reference to the Buyer's Premium is made in auction advertisements, flyers, and catalogues. Buyer's Premium will be a stated percentage (normally 10% of the hammer price) and must be paid by the buyer as part of the purchase price.

PACKING & SHIPPING: Hesse Galleries provides a packing & shipping service to absentee bidders. Charges for this service are kept to a nominal amount according to size, weight, insurance based on purchase price, handling and materials. Quotes are given on a per purchase basis. Charges for packing and shipping are to be included with payment. Purchases made by personal check will be held five business days before shipment on the sixth day. Payments made by guaranteed funds are shippable within 3 business days.

PAYMENT: Payment is required day of sale (for those buying in absentia, see Absentee & Telephone Bids) and should be made by either cash, money order, traveler's check, bank check, VISA/MASTERCARD (convenience fee applicable) or good personal check. When paying by check, checks must be dated and bankable the day of purchase. Identification will be required. Persons issuing bad checks will be prosecuted to the fullest extent of the law. Hesse Galleries reserves the right, at their discretion, to retain any and all goods purchased by check until the check clears. FIRST TIME BUYERS: First time buyers must pay with cash, guaranteed funds or credit card (convenience fee applicable).

BIDDING: In order to bid at Hesse Galleries' auctions, buyers must sign up, provide proof of identity, (give name, address, home and work phone numbers) and receive a bidding number from the cashier. Hesse Galleries' auctioneer maintains the right to exercise his or her prerogative in accepting or rejecting minimum starting bids and reserves the right to pass any item(s) for which a reasonable starting bid is not made.

ABSENTEE & TELEPHONE BIDS: Absentee bids (unlimited) and telephone bids (maximum of ten per bidder) are accepted at the discretion of Hesse Galleries and are subject to the Terms of Sale (see All Sales Final - No Returns). It is strongly advised that buyers unable to attend the auction personally view items of interest prior to sale day. Arrangements can be made for this by appointment in advance. In order to leave an absentee bid or arrange a phone bid, an advance credit is required via guaranteed funds or credit card. FIRST TIME BUYERS - no absentee or phone bids will be accepted unless the potential bidder has reviewed and accepted our Terms of Sale. Hesse Galleries executes absentee bids competitively and as a convenience and is not responsible for errors or failure to execute bids. Arrangements for absentee or telephone bidding must be made well in advance and in no case later than 5:00 p.m. of the day prior to the auction. The successful absentee or telephone bidder is responsible for the purchase price including the buyer's premium and all applicable taxes, plus shipping and handling if required. Payment must be immediate (postmarked within five business days from date of auction) following notification of successful absentee bids. Notification is by telephone and in writing within two business days after the auction. Purchases not shipped must be picked up within seven days of notification or be subject to a storage fee. There is no return privilege.

REGARDING SIZE: Bidders should refer to the catalog description of size; there is no size relativity among photo plates as each item is photographed individually.

SALES TAX: Hesse Galleries is required by New York State to collect applicable sales tax from buyers. Tax is calculated on the total purchase price, i.e. hammer price plus buyer's premium. Dealers with a valid Resale Certificate filed with Hesse Galleries, and out-of-state buyers whose purchases are being shipped out-of-state, are exempt from paying sales tax.

PURCHASED GOODS REMOVAL & RESPONSIBILITY: All items purchased at auction become the property and responsibility of the buyer at the time the hammer falls. All purchases must be removed the same day unless previous arrangements have been made. Items left by buyers are the sole responsibility of the buyer who must tag items with his/her name, address & telephone number. All items not removed after one day will be subject to a $10 per day charge. Hesse Galleries assumes no liability whatsoever for any items after the hammer falls.

DISSEMINATION OF MATERIALS: Dissemination of materials of any kind is not allowed on property or in buildings owned by Hesse Galleries unless permission is granted.

Rev.Apr-99

ALL SALES FINAL. CATERING. 10% BUYER'S PREMIUM.