Lot 88: The North American Cowboy: A Portrait

Welcome to TAMARKIN RARE CAMERA AUCTION

Please read the "General Instructions" and the "Terms and Conditions":

I. GENERAL INSTRUCTIONS

1. BUYER'S PREMIUM

The Buyer's Premium is 15%.

2. CONDITION

All items are offered "as is." There is no return privilege, and all sales are final.

We have sought to express carefully a useful, general guide to the condition of each Lot. We have also attempted to describe any damage or restoration, but our descriptions cannot be accepted as absolutely definitive and complete. The absence of such a reference does not imply that a Lot is free from defects nor does any reference to particular defects imply the absence of others.

3. GUIDE TO RATINGS OF CONDITION OF BOOKS

Fine: Outstanding condition, approaching "like new" but without being crisp. The book may have been opened and read, but there are no defects to the book, jacket or pages.

Excellent: Excellent condition, a book that shows some small signs of wear - but no tears - on either binding or paper.

Good: Good condition, average, a used worn book that has all pages or leaves present.

Fair: Fair condition, worn, complete, but well-handled and well-read.

Poor: Poor condition describes a book that is very worn. Pages might be soiled, scuffed, stained or spotted and may have loose joints, hinges and pages.

4. ESTIMATES & RESERVES

The estimated prices in the catalogue descriptions are the approximate prices expected to be realized, excluding Buyer's Premium. They are prepared well in advance of the auction sale and are subject to revision. Furthermore, they are not definitive and meant only to represent general guidelines. Every item in the auction has a private "reserve" price.

5. INTERNET ON-LINE BIDDING

You will be able to bid, if you choose, in "real time" during the auction. Bidders pay a 15% Buyer's Premium.

6. VIEWING

All lots are available for inspection prior to the sale. Please note the viewing schedule. Our staff will attempt to answer questions and give advice, but the final decision to bid, and the amount to bid, is at your discretion and liability.

7. LOCAL TAXES

A 6.35% tax is due on all deliveries made in Connecticut. However, all lots that are delivered outside Connecticut are not charged any local taxes.

8. SHIPPING

All lots are available to the buyer at the end of the auction. Tamarkin Rare Camera Auctions undertakes the shipment of auction purchases only as a courtesy to buyers. The Buyer pays all freight and insurance costs, plus a modest additional fee for packaging and handling.

We normally ship via United States Postal Service by Parcel Post for domestic shipments, and by International Priority for foreign shipments.

Note that some countries have limits of insurance and therefore all liability for shipments above a country's limit will lie with the Buyer. All risk of loss, theft, and damage passes to the Buyer upon dispatch by the freight company or postal service.

9. PAYMENT

Buyer agrees to pay for property within five (5) days of sale. Payment must be made in U.S. Dollars ($) and may be made in any one of the following: credit card or debit card via PayPal, or bank wire transfer. There is a $15.00 fee for accepting payment by Wire Transfer. Purchased property will not be released to the Buyer until payment in full has cleared.

Note that Stan Tamarkin Rare Camera Auctions is a division of Tamarkin Photographica, LLC.



II. TERMS AND CONDITIONS

The following provisions constitute the entire agreement by and between Stan Tamarkin Rare Camera Auctions, a division of Tamarkin Photographica, LLC(Tamarkin), the Consignor, and the Buyer and will govern the sale of all property sold through bidding at the Tamarkin auction to be conducted in Woodbridge, Connecticut.

1. BUYER'S COMMISSION
INTERNET BIDDERS WILL PAY TAMARKIN A COMMISSION OF FIFTEEN PER CENT (15%). THIS COMMISSION IS PAYABLE IN ADDITION TO THE WINNING BID PRICE.

2. CONDITION OF PROPERTY
All property is sold "as is."
There is no return privilege, and all sales are final.
There is no warranty or guaranty of any kind whether expressed, implied or statutory including without limitation any warranty or guaranty as to character, fitness for a particular purpose, merchantability, physical condition, or rarity.
Prospective buyers must rely solely on their own inspection and knowledge before bidding to determine such issues as age, quality, character, physical condition, mechanical and electrical function and rarity.
The property being offered at the auction is mostly used and to be sold as collectors' items.

3. WITHDRAWAL OF PROPERTY
Tamarkin and Consignor reserve, in their unfettered discretion, the right to withdraw any property from auction before sale.

4. DISPUTES
Any disputes between bidders shall be resolved by the Tamarkin who may re-offer and resell any property over which there is a dispute.

5. BIDS, REJECTION AND RESERVES
The Buyer shall be the highest bidder. Tamarkin may reject any opening bid he deems too low and withdraw the property from sale.
Likewise in the course of bidding he may reject any advance as being too low. Generally, Tamarkin will require that all bids advance the price by not less than 10%. All items of property will be sold with a reserve which may be confidential. Tamarkin may bid on behalf of the Consignor to effectuate the reserve. Responsibility for bidding is ultimately the prospective Buyer's and Tamarkin assumes no responsibility or liability with regard to bidding.

6. POSSESSION, TITLE AND RISK OF LOSS
Buyer will receive possession of the property only when payment has been made in full and all funds have cleared. Title and risk of loss or damage will pass to the Buyer when the Buyer has made full payment and the purchase is shipped.

7. TERMS OF PAYMENT AND REMEDIES
Buyer agrees to pay for property within five (5) days of sale. Payment must be made in U.S. Dollars ($) and may be made in any one of the following: credit card or debit card via PayPal, or bank wire transfer. There is a $15.00 fee for accepting payment by Wire Transfer. Purchased property will not be released to the Buyer until payment in full has cleared.
In the event Buyer fails to pay for property, Tamarkin may in its sole discretion and in addition and without prejudice to any other right or remedy available to it in law or equity, exercise one or more of the following rights and remedies:
A. bring an action against Buyer seeking damages for breach of contract including court costs and attorneys fees.
B. rescind the sale of the property or any other lot sold to the Buyer.
C. resell the property at auction or private sale and bring an action to recover any deficiency between (i) full amount owed by Buyer plus court costs and attorneys fees and (ii) the net proceeds, after payment of all expenses, received from the resale. If there is a surplus, the surplus will be paid to Consignor.
D. store the property and release it to Buyer only upon payment of the full purchase price plus all direct and indirect costs of storage.
E. to charge interest at 18% per annum commencing immediately after failing to pay on time.
F. to retain any other lot sold to Buyer at auction.
G. to apply any amount owing from Tamarkin to Buyer against the purchase price and all expenses due and owing by Buyer to Tamarkin. Tamarkin is likewise be deemed to have a security interest in any property of the Buyer in Tamarkin's possession to secure payment of the purchase price and all expenses due and owing from Buyer to Tamarkin.
H. to apply any payment made by Buyer to Tamarkin for any purpose and despite any instructions by Buyer as to application, against the purchase price and all expenses due and owing.

8. SALES AND USE TAX
The total purchase price of all property will be subject to all sales or use tax which Tamarkin is obligated by law to collect.
The tax due on deliveries in Connecticut is 6.35%.
Tamarkin is not obligated to collect tax on any item that is delivered outside the state of Connecticut.

9. TERMS OF ADHESION
By bidding at the auction, the Buyer acknowledges and agrees:
A. that the foregoing terms and conditions will represent the entire agreement of the parties, provided that the terms may be altered or amended by Tamarkin prior to or at the time of auction by oral or written announcement or posted notice.
B. that the rights and obligations of the parties will be construed and governed by the law of the State of Connecticut.
C. that jurisdiction for the resolution of any dispute between the parties related to the auction, will be exclusively in the State of Connecticut and consents to the jurisdiction of the Connecticut State Courts and federal court for the District of Connecticut.

10. LIMITATION OF LIABILITY
Tamarkin's and Consignor's liability to a Buyer shall not exceed the purchase price actually paid.

11. TAMARKIN AS AGENT ONLY
Except as otherwise specifically stated in writing, Tamarkin is acting only as an agent for the Consignor. Tamarkin will have no liability for any breach by either a Consignor or Buyer.

By bidding at the auction, the Buyer acknowledges and agrees:

A. that the foregoing terms and conditions will represent the entire agreement of the parties, provided that the terms may be altered or amended by Tamarkin prior to or at the time of auction by oral or written announcement or posted notice.

B. that the rights and obligations of the parties will be construed and governed by the law of the State of Connecticut.

C. that jurisdiction for the resolution of any dispute between the parties related to the auction, will be exclusively in the State of Connecticut and consents to the jurisdiction of the Connecticut State Courts and federal court for the District of Connecticut.

Note that Stan Tamarkin Rare Camera Auctions is a division of Tamarkin Photographica, LLC.

Internet bidders will pay Tamarkin a commission of fifteen per cent (15%). This commission is payable in addition to the winning bid price.

Note that Stan Tamarkin Rare Camera Auctions is a division of Tamarkin Photographica, LLC.

CONDITION OF PROPERTY

All property is sold "as is."

There is no return privilege, and all sales are final.

There is no warranty or guaranty of any kind whether expressed, implied or statutory including without limitation any warranty or guaranty as to character, fitness for a particular purpose, merchantability, physical condition, or rarity.

Prospective buyers must rely solely on their own inspection and knowledge before bidding to determine such issues as age, quality, character, physical condition, and rarity.

The property being offered at the auction is mostly used and to be sold as collectors' items.

Note that Stan Tamarkin Rare Camera Auctions is a division of Tamarkin Photographica, LLC.


GUIDE TO RATINGS OF CONDITION OF BOOKS

Fine: Outstanding condition, approaching "like new" but without being crisp. The book may have been opened and read, but there are no defects to the book, jacket or pages.

Excellent: Excellent condition, a book that shows some small signs of wear - but no tears - on either binding or paper.

Good: Good condition, average, a used worn book that has all pages or leaves present.

Fair: Fair condition, worn, complete, but well-handled and well-read.

Poor: Poor condition describes a book that is very worn. Pages might be soiled, scuffed, stained or spotted and may have loose joints, hinges and pages.

The total purchase price of all property will be subject to all sales or use tax which Tamarkin is obligated by law to collect.

The tax due on deliveries in Connecticut is 6.35%.

Tamarkin is not obligated to collect tax on any item that is delivered outside the state of Connecticut.

Note that Stan Tamarkin Rare Camera Auctions is a division of Tamarkin Photographica, LLC.

All lots are available to the buyer at the end of the auction. Tamarkin Rare Camera Auctions undertakes the shipment of auction purchases only as a courtesy to buyers. The Buyer pays all freight and insurance costs, plus a modest additional fee for packaging and handling.

We normally ship via United States Postal Service by Parcel Post for domestic shipments, and by International Priority for foreign shipments.

Note that some countries have limits of insurance and therefore all liability for shipments above a country's limit will lie with the Buyer. All risk of loss, theft, and damage passes to the Buyer upon dispatch by the freight company or postal service.

Note that Stan Tamarkin Rare Camera Auctions is a division of Tamarkin Photographica, LLC.

Buyer agrees to pay for property within five (5) days of sale. Payment must be made in U.S. Dollars ($) and may be made in any one of the following: credit card or debit card via PayPal, or bank wire transfer. There is a $15.00 fee for accepting payment by Wire Transfer. Purchased property will not be released to the Buyer until payment in full has cleared.

Note that Stan Tamarkin Rare Camera Auctions is a division of Tamarkin Photographica, LLC.