Lot 121: Oil on Canvas, French Cuirassier, Henry L. Dupray

If you do not comply with any of these Conditions of Sale, you will be in default, and you agree that we and/or the consignor will have the right to pursue any remedies at law or otherwise against you as we or the consignor may determine in our or its sole discretion, including:
(i) holding you liable for the total purchase price (including buyer's premium);
(ii) canceling the sale of that or any other lots sold to you at the same time or any other auction, retaining as liquidated damages all payments made by you and reselling the property in any manner we determine without reserve. If this occurs, you will be liable for any deficiency and added cost, including our commission on both sales at our regular rate;
(iii) setting off the amount you owe us from a default against any amounts that we may owe you in other transactions;
(iv) rejecting any bids by you or that we determine in our sole discretion are being made on your behalf at other auctions or requiring you to place a deposit with us before accepting your bids; or
(v) effecting a combination of any of the foregoing as well as any other legal or equitable remedies we may have against you.

You will pay us the total purchase price for a lot by credit card, cash, or traveler's checks, personal check, or paypal before the property can be removed. We reserve the right to hold the merchandise until cleared or certified funds are provided. The purchaser will be charged $25.00 for each check returned for insufficient funds.

For shipping estimates, please contact us BEFORE the auction (include your zip code and the lot number) by emailing shipping@nyeandcompany.com or calling 973-984-6900. Nye & Company assumes no liability for items lost or damaged in shipping. Pickup is available immediately after auction. All US domestic lots will be shipped via FEDEX without exception; international lots will be shipped based on best service. We reserve the right to assume that some lots will need an outside shipper. It is up to the buyer to assume all responsibility for shipping costs.

The total purchase price to be paid for each lot of property by you is the amount of the successful bid price plus a premium of 25%.

Unless exempt by law, all purchases (including buyers premium) are subject to local sales or use tax.

Property Sold "As Is." All property is sold "As Is" and without any express or implied representation or warranty by us or any consignor, including with respect to warranties of merchantability and fitness for a particular purpose or as to the physical condition, size, quality, rarity, importance, authorship, provenance, medium, period, literature, exhibitions, origin, electronic condition, frame, glass, mirror or estimated value of any lot sold. We and the consignor also make no representations or warranties as to whether you will acquire any copyrights, including reproduction rights, in any purchased property. The absence of any reference to the condition of property does not imply perfect or imperfect condition nor does a reference to defects imply the absence of others. No oral or written statement, including in the catalogue or an advertisement, bill of sale, gallery or website posting, announcement, or remarks by our staff or agents or the auctioneer, is to be considered a warranty, representation, or assumption of liability. All measurements and weights are approximate.