Alexander Calder Works, From a Friend's Collection

The Potomack Company Terms and Conditions of Sale and Limited Guarantee<br>
By bidding on items at our auction, you agree to accept the following conditions:<br>

Registration<br>
In order to bid, you will need to register with a Potomack Company representative and obtain a bidding number. The Auctioneer will only recognize bidders who have a number so you will not be able to bid for a lot without one.<br>

All Goods Sold 'As Is'<br>
All items that are sold at our auctions are sold 'as - is'. Neither The Potomack Company nor the consignor makes any representations or warranties of any kind concerning any items offered for sale. Neither the Auctioneer nor The Potomack Company or its representatives is responsible for the accuracy of any printed or verbal communications and descriptions. No statement in the catalogue, made at the sale, or otherwise, shall be construed to be a representation, warranty or admission of liability. All measurements are approximate.<br>

Limited Guarantee<br>
Notwithstanding the preceding paragraph, The Potomack Company does offer a limited guarantee that items that are offered for sale are not counterfeit, unless otherwise noted in the catalogue or at the time of the sale. A counterfeit for this purpose is defined as a modern fake or forgery that was made with the intent to deceive. If a buyer gives us notice within 14 days of the sale that an item that was purchased was a counterfeit and, within 7 days of such notice, provides a written report from an authority that demonstrates that the item was indeed counterfeit and that a fair reading of the catalogue description and the auctioneer's statements at the time of the sale did not indicate this, then The Potomack Company will rescind the sale and refund the purchase price to the buyer. This guarantee is made only to the original buyer (i.e. a registered bidder) and does not extend to any subsequent purchasers. In any event, any liability that The Potomack Company has for such a sale is limited to the purchase price of the item sold.<br>

Inspection and Conditional Reports<br>
We strongly encourage you to come and examine lots that you are interested in purchasing. Although we do not include condition reports in this catalogue, our representatives are happy to assist you in determining the condition of items that you are interested in as they are able. Given the high volume of requests for condition reports, however, we must reserve the right to limit such requests to those items with a pre-sale estimate of more than $500.<br>

Buyer's Premium<br>
A buyer's premium will be added to the hammer price of each lot sold. The buyer's premium is equal to 25% of the hammer price (an additional 5% is added by Invaluable for online bidding).<br>

Bidding<br>
We reserve the right to reject any bid for any reason. The highest bidder acknowledged by the Auctioneer at the time his hammer drops will be the buyer of the lot. The Auctioneer has the sole right to re-offer any lot and/or settle disputed bids. In the event that a dispute arises after the end of the sale, our sale record shall be conclusive.
The Auctioneer reserves the right to reject any opening bid (or advance from an accepted opening bid) that he believes, in his sole discretion, is not commensurate with the value of the lot or that does not meet the reserve, and withdraw that lot from sale.
Although we are happy to accept your absentee, telephone, and internet bids, we will not be held responsible for any errors or failure to properly execute such bids. Bidders may submit absentee, internet, and telephone bids until 12:00 pm Alexandria Time the day before the auction.
All bids placed at auction are per lot.<br>

Online Bidding<br>
Any bids placed online will be subject to Invaluable's online bidding fee equal to 5% of the hammer price, in addition to The Potomack Company's 25% buyer's premium.

Buyer's Responsibilities<br>
If you are the buyer of the lot, title to the items in the lot passes to you as soon as the Auctioneer's hammer falls. At that time, you assume full risk and responsibility for the items you have purchased. You must then pay the hammer price plus the buyer's premium and Virginia sales tax, as applicable. The sum of the buyer's premium and the hammer price equals the purchase price. The Virginia sales tax is calculated as 6% of the purchase price.
Although you are encouraged to take your property with you the day of the auction, items may be left on our premises for up to two working days after the sale. After that time, however, we reserve the right to transfer any remaining items to a public warehouse at your risk and expense. Any items that are not picked up within the two day time period will be subject to a handling and storage fee of 5% of the purchase price. This fee will be assessed weekly. We assume no risk or responsibility for items that are left on our premises after the sale or that are transferred to a public warehouse.<br>

Reserves<br>
Some lots may carry reserves or minimum selling prices. This is a confidential figure set by the consignor and The Potomack Company below which the item will not be sold. The reserve will always be less than (or equal to) our final low estimate for the lot. The Auctioneer will execute the reserve bid.<br>

Estimates<br>
All pre-sale estimates of the value of the lots are intended only as guides for potential bidders. Our pre-sale estimates may not be relied upon by anyone as a prediction of the selling price or the fair market value of any lot. The actual selling price may differ greatly from our estimates. All estimates that are provided by us are subject to revision at any time.<br>

Withdrawal<br>
Items may be withdrawn from sale at anytime prior to the offering of each lot.<br>

Payment<br>
We accept cash, checks and major credit cards. We reserve the right to hold items that you have purchased until your payment clears. If you are planning to purchase an expensive lot, you should discuss payment in advance and are encouraged to bring letters of reference from your financial institutions. We reserve the right to refuse to accept a personal check for any reason. A $50 fee will be added for any returned checks. We reserve the right to charge you a late fee of 10% for any unpaid balances over 30 day.
As previously noted, payment is due at the end of each sale unless we have authorized other arrangements.<br>

Buyer's Default<br>
If you fail to comply with any of these Terms and Conditions, we reserve the right to hold you liable for the purchase price plus any expenses we have incurred. In addition, we may, at our option, cancel the sale of the lot that you purchased while holding any payments you have made as liquidated damages. In addition, we may re-sell the items at public auction or through private sale and retain the proceeds for our account.<br>

Shipping<br>
Although we do not provide shipping services, we are happy to provide you with contact information for shippers so that you may inquire as to shipping costs before you bid on an item. Arranging shipping and paying for shipping costs will be solely your responsibility. We strongly recommend that you determine the costs of shipping before you bid on any item.<br>

Announcements<br>
Any announcements made at the time of the auction take precedence over any other communications, written or verbal.<br>

Special Additional Terms and Conditions for Jewelry Sales<br>
Metals not tested. When items are stamped, fineness will be stated; as a courtesy to our clients. All Jewelry items are sold 'as - is'.
D

CONDITION REPORTS

We strongly encourage you to come and examine lots that you are interested in purchasing. Although we do not include condition reports in this catalogue, our representatives are happy to assist you in determining the condition of items that you are interested in as they are able. Given the high volume of requests for condition reports, however, we must reserve the right to limit such requests to those items with a pre-sale estimate of more than $500.

Special Additional Terms and Conditions for Jewelry Sales
Metals not tested. When items are stamped, fineness will be stated; as a courtesy to our clients. All Jewelry items are sold 'as - is'.
Diamond and colored stones weights are approximations ascertained by volumetric proportions.

CONTRACT

Your bid is a binding and legal contract.

PAYMENT

Terms and Conditions of Sale
Location of Items
111 S Lilas Dr, Appleton, WI 54914
AUCTION BEGINS: 9/9/16
STAGGERED CLOSING BEGINS: 9/21/16 - 10 am CDT
Important
All articles are sold "AS IS WHERE IS" and with no warranties or guaranties of any type, either expressed or implied, made by L&B All Star Management LLC ("Auctioneer"). All items will be sold absolute, regardless of price.
Preview
Tuesday, September 20, 2016 from 12pm - 6pm
Buyer's Premium
A 10% buyer's premium will be added to each purchase. For example, if the winning high bid is $100.00 at check out, you will be charged $110.00. Please keep this in mind when bidding.
Taxes
If you are the winning bidder, you will be charged a 5% sales tax on all purchases.
Payment
You may pay by Cash, Cashier's Check, MasterCard, Visa, Discover and American Express (Bring exact change for cash purchases no change will be made). ALL PAYMENTS INCLUDING CREDIT CARDS MUST BE MADE IN PERSON AT THE TIME OF PICK UP. You will receive notification via email in the form of an invoice indicating the items on which you are successful High Bidder at the close of the auction. Please bring that invoice with you to pick up your purchases. Make all cashier's checks payable to L&B All Star Management LLC
Item Pick Up
Thursday, September 22, 2016 from - 10am - 5pm
111 S Lilas Dr, Appleton, WI 54914
All items must be paid for in full prior to the time of removal. There will be no partial release of any lots at any time without payment in full for all items purchased by the purchaser. Purchased items will be released upon presentation of an e-mail invoice and valid photo ID. All movers or anyone picking up items on a buyer's behalf must present the e-mail invoice and a valid photo ID before purchased items will be released. All items must be physically removed from the removal locations during the scheduled times. Any item(s) that may need disassembly will be the sole responsibility of the buyer, please allow for ample time to remove your items. Buyers must sign a receipt upon removal of their purchased items at the removal site as proof of receipt. All cost, responsibility and risk of such removal shall be borne by the purchaser. The purchaser shall use prudence in effecting such removal.
Please note that due to some physical limitations of some removal facilities, there may be an extended waiting period for the pick-up of one's purchased items.
In the event an item is not available for pick-up, the buyer will be notified as soon as possible via e-mail and an adjustment or refund will be made.
This is an on-line only auction. If items cannot be picked-up during the scheduled removal times NO REFUNDS OR CHARGEBACKS WILL BE GRANTED due to a lack of removal at the designated times. If purchased items have not been removed during the scheduled removal dates and times, the items will be considered abandoned and to dispose of the abandoned items a removal fee may be assessed to the purchaser's credit card used at account creation or through other means to the extent permitted by law.
ITEMS WILL NOT BE SHIPPED BY AUCTIONEER. AUCTIONEER WILL BE FREE TO DISPOSE OF ANY ABANDONED ITEM(s) IN ANY MANNER THAT AUCTIONEER DEEMS APPROPRIATE.
Staggered Closing
Auctioneer reserves the right to "stagger" the opening and/or closing times of items within the auction. The online auction closes 10 items per every 10 minutes.
Dynamic Closing
Whenever a bid is placed within the last three minutes of the item's closing time, the closing time of that item will be automatically extended an additional three minutes.
Winning Bidder Notification
Winning high bidders will be notified by e-mail ONLY when all items in the auction have closed. Bidders are responsible for checking their e-mail.
NOTICES:
For demonstration purposes various items may be joined. Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please inspect the lot numbers and read the descriptions.
A bidder is bidding on the described item, not the photo. Occasionally a wrong photo may be displayed. Always read the item description. Descriptions are believed to be accurate but are not guaranteed.
Auctioneer reserves the right to add or remove items from the auction, split or combine lots, add minimum bids or reserve prices, cancel, suspend, extend or reschedule the auction of an individual item or lot and cancel, suspend, extend or reschedule an auction event.
Any controversy or claim arising out of or relating to these Terms and Conditions, or breach thereof, shall be settled solely by the Auctioneer. Auctioneer's and Seller's liability shall be limited to the refund of the buyer's purchase price as the sole and exclusive remedy of the buyer.
Each bidder agrees:
A. to indemnify and hold harmless the Auctioneer and the Seller from any and all actions, causes of action, suits, damages, costs and losses of any nature, arising from the purchase or use of any item, or the attendance or participation of bidder or attendee, his agents or employees, at the preview/removal sites.
B. to be responsible for the payment of the purchase price, including the buyer's premium and transaction fee, due on all of bidder's purchases.
C. to pay in full for all items purchased including applicable sales taxes, if applicable, before removing same from the removal location.
D. that all rights and defenses available to the Auctioneer hereunder shall extend to the Seller.
There shall be no guarantees or warranties, expressed or implied, statutory or otherwise of any nature whatsoever in respect to the items offered at the auction. Each and every item will be sold "as is, where is." Specifically, but without limitation, Auctioneer makes no representation or warranty that any of the items:
Bidder agrees he or she has satisfied himself or herself and is not relying on Auctioneer, nor is Auctioneer liable, for any matter in respect of the above. Bidder further agrees to repair, at his cost, any item purchased at the auction to a safe operating condition and, without limitation, to a condition which meets any standard or requirement of any applicable authority, law or regulation including those concerning any use to which the item may be put. Sales documents will be issued in the name of the registered bidder only.
Every attendee at the preview/removal locations and premises at any time shall be there at his or her own risk with notice of the condition of the preview/removal premises and the activities thereon. No bidder shall have any claim against the Auctioneer, or the Seller, or their agents, employees or principals for any injuries sustained, nor for damages to, or loss of property of any bidder, which may occur from any cause whatsoever.
Each bidder agrees to indemnify and hold harmless both the Auctioneer and the Seller against any liability and damages claimed by any person or party caused by acts of the bidder while the bidder or attendee is on the preview/removal locations and premises.
Any dispute arising as to any bidding shall be settled by the Auctioneer at its sole discretion and the Auctioneer may put the Item in dispute up for sale again. The Auctioneer reserves the right to refuse any bid which it considers to be an insignificant advance over the preceding bid.
Purchases become the responsibility of and shall be at the risk of the Purchaser upon acceptance of his or her winning bid. It shall be the responsibility of the Purchaser to insure his or her purchases immediately. The Auctioneer shall not be responsible for loss or damage to any purchase.
All information describing items has been prepared as a guide only, based on information from sources believed to be reliable and from the Seller; however, its accuracy cannot be guaranteed or warranted.
No sale shall be invalidated, nor shall the Auctioneer be liable as a result of defects or inaccuracies in the description of any item. The bidder acknowledges that all items were available for inspection prior to the auction and that it is the bidder's responsibility to inspect all items and to make his or her own inquiries prior to bidding.
The Terms and Conditions shall be governed by and interpreted under the laws of, and any action hereunder against the Auctioneer shall be commenced in the State of Illinois and the jurisdiction shall be the County of Cook. If any provision of these Terms and Conditions is invalid or unenforceable as against any party under certain circumstances, the remainder of these Terms and Conditions and the applicability of such provision to other persons or circumstances shall not be affected thereby. Each provision of these Terms and Conditions, except as otherwise herein provided shall be valid and enforced to the fullest extent permitted by law.
All statements printed in catalogues, ads, brochures, signs, on any website, as well as verbal statements made by Auctioneer, or its representatives, have come from the Seller, or other sources deemed to be reliable. Auctioneer assumes no responsibility or liability for representations made by Seller and shall have no obligation to verify or authenticate such statements or claims.
In Conjunction with Ira Lauter, Registered Wisconsin Auctioneer, License #2896-52

SHIPPING

Although we do not provide shipping services, we are happy to provide you with contact information for shippers so that you may inquire as to shipping costs before you bid on an item. Arranging shipping and paying for shipping costs will be solely your responsibility. We strongly recommend that you determine the costs of shipping before you bid on any item.

BUYER'S PREMIUM

A buyer's premium will be added to the hammer price of each lot sold. The buyer's premium is equal to 25%. All bids placed online will be subject to Invaluable's online bidding fee, equal to 5% of the hammer price, in addition to The Potomack Company's 25% buyer's premium.

TAXES

The Virginia sales tax is calculated as 6% of the purchase price.