https://dallascontemporary.muradbid.com or by texting dallascontemporary to 56651

GUIDE FOR PROSPECTIVE BUYERS

Dallas Contemporary is referred to collectively hereafter as ‘The Hosts’, ‘We’, ‘Us’, ‘Our’.

Conditions of Sale

The Conditions of Sale which appear later in this catalogue govern the auction.

Bidders are strongly encouraged to read them as well as the Terms and Conditions of Business at https://dallascontemporary.muradbid.com as they outline the legal relationship between The Hosts and the buyer and describe the terms upon which property is bought at this auction.

Buyer’s Premium

There is no buyer’s premium payable on any of the lots.

Sales Tax

There is no sales tax payable on any of the lots.

Condition of Lots

All Auction items are sold “AS IS” and are not exchangeable. Dallas Contemporary makes no warranties express or implied or representation of genuineness, attribution, physical condition, size, quality, importance or value in connection with the sale. No statement contained in this Brochure or made orally at the Auction or elsewhere shall be deemed to be such a warranty or assumption of liability against Dallas Contemporary or the donor of the property or service.

If a lot is sold framed, The Hosts accept no liability for the condition of the frame.

Pre-Auction Viewing

Pre-auction viewings are open to the public and free of charge at https://dallascontemporary.muradbid.com or by texting dallascontemporary to 56651. The works will also be on display at Dallas Contemporary from 12 September though auction date during regular museum open hours.

Bidding at Auction

If you will be joining us in person or virtually for the Live and Silent Auctions, please register to bid at https://dallascontemporary.muradbid.com or text dallascontemporary to 56651. A pre- authorization of your credit card will be required.

If you have pre-registered to bid, once the auction is open for bidding, you will be notified by text message with a link to your personalized bidding profile.

Bidding in Person

If you are joining us in person, you may bid in the silent auction online with the bidding link, and then you will be assigned a bid paddle at registration for your live auction bids at the event.

To bid in person, you will need to register for and collect  a paddle before the auction begins. All lots sold will be charged to the name and address to which the paddle has been registered and invoices may be transferred to other names and addresses and/or split between parties. Please do not misplace your paddle. In the event you lose it on the night, inform a staff member immediately. At the end of the auction, please return your paddle to the registration desk.

Bidding Online

If you will be joining us virtually, please register to bid on the auction website https://dallascontemporary.muradbid.com or use your personal bidding link from your pre-registration text. The silent auction will be open for bidding on Thursday, September 21st at noon CST and will remain open until Friday, September 22nd at midnight. If you are not attending gala and see something you like as part of the live auction, please contact gino.dalcin@dallascontemporary.org for more information + to place your proxy bid.

Bidding Increments

Online silent auction bidding increments will increase at 10% and live auction items at the following intervals

$50 to $1,000 by $50s, $1,000 to $2,000 by $100s, $2,000 to $3,000 by $200s, $3,000 to $5,000 by $200s, 500, 800 (i.e. $4,200, 4,500, 4,800), $5,000 to $10,000 by $500s, $10,000 to $20,000 by $1,000s, $20,000 to $30,000 by $2,000s, $30,000 to $50,000 by $2,000s, 5,000, 8,000, $50,000 to $100,000 by $5,000s, $100,000 to $200,000 by $10,000s

The auctioneer may vary the increments during the course of the live auction at his or her own discretion.

AFTER THE AUCTION

Payment & Check Out

Auction Winners are required to pay for all items before leaving the Party. Credit cards scanned during Check-In will be charged for applicable purchases.

Purchases may be made with cash, personal or company check, MasterCard, Visa, American Express or Discover. Please make all checks payable to “Dallas Contemporary”.

Upon full payment, guests shall receive a paid receipt redeemable for Auction Item purchases.

Winning bidders credit cards will be charged at the end of the evening if the bidder does not check out.

Collection

It is our policy to request proof of identity on collection of a lot. A lot will be released to the buyer or the buyer’s authorized representative when The Hosts have received full and cleared payment and we are not owed any other amount by the buyer.

We reserve the right to levy industry standard removal, interest, storage and handling charges on uncollected lots.

Items purchased at the auction must be collected, delivered or shipped within three weeks of auction close.

Transport and Shipping

Please note that we do not provide packing, handling or shipping services directly. However, we do have a partnership with a reputable handling and logistics company who can provide preferential rates for works purchased as part of this event. We will coordinate with shipping agents instructed by you in order to facilitate the packing, handling and shipping of property purchased at this sale.

Export and Import Licences

Before bidding for any property, prospective bidders are advised to make independent enquiries as to whether a licence is required to export the property from the United States or to import it into another country. It is the buyer’s sole responsibility to comply with all import and export laws and to obtain any necessary licences or permits. The denial of any required licence or permit or any delay in obtaining such documentation will not justify the cancellation of the sale or any delay in making full payment for the lot.

CONDITIONS OF SALE

The Conditions of Sale set forth below govern the relationship between bidders and buyers on the one hand, and The Hosts on the other hand. All prospective buyers should read these Conditions of Sale as well as the Terms and Conditions of Business at https://dallascontemporary.muradbid.com terms carefully before bidding.

1 INTRODUCTION

Each lot in this catalogue is offered for sale and sold subject to: (a) the Conditions of Sale (b) additional notices and terms printed in other places in this catalogue, including the Guide for Prospective Buyers, and (c) supplements to this catalogue or other written material posted by The Hosts in the saleroom or at https://dallascontemporary.muradbid.com, in each case as amended by any addendum or announcement by the auctioneer prior to the auction.

By bidding at the auction, whether in person, through an agent, by written bid, by online bid or any other means, bidders and buyers agree to be bound by these Conditions of Sale, as so changed or supplemented.

These Conditions of Sale, as so changed or supplemented, contain all the terms on which The Hosts contract with the buyer.

2 BIDDING AT AUCTION

(a) The Hosts have absolute discretion to refuse participation in the sale. All bidders must register for a paddle prior to bidding, supplying such information and references as required by The Hosts.

(b) When making a bid, whether in person, by absentee bid or Internet, a bidder accepts personal liability to pay the purchase price, plus all other applicable charges unless it has been explicitly agreed in writing with The Hosts before the commencement of the auction that the bidder is acting as agent on behalf of an identified third party acceptable to The Hosts and that we will only look to the principal for such payment.

3 CONDUCT OF THE AUCTION

(a) The auctioneer has discretion at any time to refuse any bid, withdraw any lot, re-offer a lot for sale (including after the fall of the hammer) if he or she believes there may be error or dispute and take such other action as he or she deems reasonably appropriate.

(b) The auctioneer will commence and advance the bidding at levels and in increments he or she considers appropriate. In order to protect the reserve on any lot, the auctioneer may place one or more bids on behalf of the seller up to the reserve without indicating he or she is doing so, either by placing consecutive bids or bids in response to other bidders.

(d) Subject to the auctioneer’s reasonable discretion, the highest bidder accepted by the auctioneer will be the buyer and the striking of the hammer marks the acceptance of the highest bid and the conclusion of a contract for sale between the seller and the buyer. Risk and responsibility for the lot passes to the buyer.

(e) If a lot is not sold, the auctioneer will announce that it has been ‘passed’, ‘withdrawn’, ‘returned to owner’ or ‘bought-in’.

(f) Any post-auction sale of lots offered at auction shall incorporate these Conditions of Sale as if sold in the auction.

4 PAYMENT

(a) Unless otherwise agreed, a buyer is required to pay for a purchased lot immediately following the auction regardless of any intention to obtain an export or import licence or other permit for such lot.

(b) Title in a purchased lot will not pass until The Hosts or their nominated processing partner has received the full purchase price for that lot in cleared funds. The Hosts are not obliged to release a lot to the buyer until title in the lot has passed and appropriate identification has been provided, and any earlier release does not affect the passing of title or the buyer’s unconditional obligation to pay the purchase price.

5 REMEDIES FOR NON-PAYMENT

Without prejudice to any rights the seller may have, if the buyer without prior agreement fails to make payment of the purchase price for a lot in cleared funds within five days of the auction The Hosts may in our sole discretion exercise one or more of the following remedies: (i) store the lot at the buyer’s sole risk and expense; (ii) cancel the sale of the lot, retaining any partial payment of the purchase price as liquidated damages; (iii) charge interest at 12% per annum from the date payment became due until the date the purchase price is received in cleared funds or (iv) commence legal proceedings to recover the purchase price for that lot, together with interest and the costs of such proceedings.

6 LIMITATION OF LIABILITY

(a) Subject to sub-paragraph (e) below, the total liability of The Hosts and our affiliated companies to the buyer in connection with the sale of a lot shall be limited to the purchase price actually paid by the buyer for the lot.

(b) Except as otherwise provided in this Paragraph 6, neither The Hosts or any of our affiliated companies (i) is liable for any errors or omissions, whether orally or in writing, in information provided to prospective buyers by The Hosts or any of our affiliated companies or (ii) accepts responsibility to any bidder in respect of acts or omissions, whether negligent or otherwise, The Hosts or any of our affiliated companies

in connection with the conduct of the auction or for any other matter relating to the sale of any lot.

(c) All warranties expressed or implied, including any warranty of satisfactory quality and fitness for purpose, are specifically excluded by The Hosts and our affiliated companies to the fullest extent permitted by law.

(d) Subject to sub-paragraph (e) below, neither The Hosts or our affiliated companies shall be liable to the buyer for any loss or damage beyond the refund of the purchase price referred to in sub-paragraph (a) above, whether such loss or damage is characterized as direct, indirect, special, incidental or consequential, or for the payment of interest on the purchase price to the fullest extent permitted by law.

(e) No provision in these Conditions of Sale shall be deemed to exclude or limit the liability of The Hosts or any of our affiliated companies to the buyer in respect of any fraud or fraudulent misrepresentation made by any of us or in respect of death or personal injury caused by our negligent acts or omissions.

7 COPYRIGHT

The copyright in all images, illustrations and written materials produced by or for The Hosts relating to a lot, including the contents of this catalogue, is and shall remain at all times the property of The Hosts, and such images and materials may not be used by the buyer or any other party without our prior written consent. The Hosts make no representations or warranties that the buyer of a lot will acquire any copyright or other reproduction rights in it.

8 LAW AND JURISDICTION

(a) The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters related to any of the foregoing shall be governed by and interpreted in accordance with the laws of the State of Texas.

(b) For the benefit of The Hosts, all bidders and sellers agree that the federal courts within the State of Texas are to have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Conditions of Sale relate or apply. All parties agree that The Hosts shall retain the right to bring proceedings in any court other than the federal courts within the State of Texas.

(c) All bidders and sellers irrevocably consent to service of process or any other documents in connection with proceedings in any court by facsimile transmission, personal service, delivery by mail or in any other manner permitted by the laws of the State of Texas, the law of the place of service or the law of the jurisdiction where proceedings are instituted at the last address of the bidder or seller known to The Hosts.