ONLINE ONLY AUCTION – SALE 3408
March 29th – April 12th
1. CHRISTIE'S AS AGENT
Except as otherwise stated Christie's acts as agent for the seller, the contract for the sale of the property is therefore made between the seller and the buyer.
2. Bidder Registration
- Registration: If you have an existing MyChristie's account, you can sign into the online-only auction with your existing username and password and then subsequently register for the auction (if you have multiple accounts, you will need to select the account under which you wish to transact). If you have not previously bid or consigned with MyChristie's and, therefore, do not already have a MyChristie's account, you will need to first create a MyChristie's account following the instructions provided at http://onlineonly.christies.com and providing any required information and/or completing any necessary forms. Registration for the sale can be completed at any time beginning on Friday March 29, 2013 at 10:00 a.m. (EST) when the sale starts and ending on Friday April 12, 2013, with the first lot closing at 10:00 a.m. (EST) until closing of the last lot of the sale at a time to be determined.
(b) Registering as principal / on behalf of a company:
When registering to bid whether as an individual or on behalf of an entity, you accept that in making a bid, you are accepting personal liability to pay the purchase price, including the buyer's premium and all applicable taxes, plus all other applicable charges, unless it has been explicitly agreed in writing with Christie's before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Christie's and Christie's will only look to the principal for payment.
If you are bidding on behalf of an entity and the entity already has a MyChristie's account, the entity's name will need to be entered as part of the registration process. If your entity does not already have a MyChristie's account, you cannot register online at http://onlineonly.christies.com. You will first need to create a MyChristie's account. In either situation, Christie's may require your entity to provide certain documents or meet certain qualifications as set forth below. Please contact Christie's Client Service to set up your MyChristie's account.
As a successful bidder, if you registered as a company bidder, your company will need to pay for any purchases via a credit card issued to the company account and not a personal account. Christie's is not able to honor any reseller's certificates through the online-only auction process and cannot grant any exemption upon check-out for applicable sales tax to any bidder. As a successful bidder, you will be charged sales tax, if applicable, as part of the check-out process. Buyers claiming exemption and a refund must provide Christie's with the appropriate valid and up-to-date documentation and Christie's will facilitate the process of a refund. It is your responsibility to obtain any relevant documentation and provide it to Christie's and any delay in obtaining a refund shall not justify the rescission of any sale.
(c) Requirements and Bidding Limits: In order to register to bid, you are required to supply the information requested, including valid credit card information. Each bidder is subject to an aggregate bidding limit in the amount of USD 300,000 for this particular online sale only. This aggregate limit shall apply to all items bid upon in the aggregate, and shall not apply on a per lot basis. The bidding limit is based upon the maximum bid you enter as opposed to the actual bid amount accepted at that time. Christie's, in its sole discretion, may lower or rescind this limit and has the ability to contact you to request the production of documents or information in relation to such limit. A maximum bid on a lot is deducted against the aggregate bidding limit and the bidding limit will not be reset until that lot closes. If you should reach the aggregate bidding limit based on the bids you place (whether maximum bids or actual bid amounts), you will not be able to place any further bids on those items or any additional bids on other items. You may adjust (i.e. remove, lower or increase) a maximum bid on a lot as long as the bids accepted on such lot have not met or exceeded the maximum bid amount. If you have a question regarding your bidding limit, please contact Christie's Credit department at 212-636-2490.
Christie's may also require the production of bank or other financial references or that you meet certain qualifications. Christie's may also require deposits of a portion of a placed bid to be made to Christie's. In such event, should you not be the successful bidder, your deposit shall be promptly returned to you. If you are the successful bidder, any such deposit shall be used to offset the appropriate portion of the purchase price.
If you are bidding on behalf of an entity, please contact Christie's Client Service at 212-636-2000 to set up your MyChristies account. Christie's may require you, or, if you are registering to bid on behalf of a company in accordance with paragraph 2(b), your company, to provide the following types of information and/or documentation: Confirmation of registration (including, but not limited to, a Certificate of Incorporation or Certificate of Formation or Certificate of Good Standing); Confirmation of beneficial ownership (e.g., schedule of shareholders, articles of organization or operating agreement); Confirmation of registered address (e.g., utility bill, bank statement or recent postal envelope, if the registered address is not listed on company documents); and Valid, government-issued photo ID for account owner (driver's license, passport or national identity card). Christie's Client Services will contact you.
(d) Refusal of Registration: Christie's reserves the right, at our complete discretion, to refuse your registration or participation in the auction, revoke your permission to participate and/or refuse to award you lots at any time prior to, during or even after the close of the sale.
3. BEFORE THE SALE
(a) Examination of property
You are strongly advised to examine personally any lot in which you are interested, before the auction takes place. Clients can view the lots to be sold in the Photographs by Diane Arbus on line auction during the public viewing scheduled to take place at Christie's Rockefeller Plaza on Friday March 29th and Saturday March 30th 2013 from 10:00 a.m. until 5:00 p.m., on Monday April 1st to Thursday April 4th, 2013 from 10:00 a.m. to 5:00 p.m. each day and on Friday April 5, 2013, from 10:00 a.m. to 2:00 p.m. Condition reports are usually available online.. Neither Christie's nor the seller provides any guarantee in relation to the nature of the property apart from the Limited Warranty in paragraph 7 below. The property is sold "as is."
(b) Lot descriptions
Our cataloguing practice for lots is explained in the Important Notices and Explanation of Cataloguing Practice located below. All statements by us in the online description of any property (the "lot description") or in the condition report, or made orally or in writing elsewhere, are statements of opinion and are not to be relied on as statements of fact. Such statements do not constitute a representation, warranty or assumption of liability by us of any kind. The contents of any lot description are subject to change and should not be relied upon as definitively representing the lot. References in the lot description or any supplementary material to damage or restoration are for guidance only and should be evaluated by personal inspection by the bidder or a knowledgeable representative. The absence of such a reference does not imply that an item is free from defects or restoration, nor does a reference to particular defects imply the absence of any others. Except as set forth in paragraph 7 below, Christie's is not responsible for errors or omissions in the lot description or any supplemental material, including but not limited to photographs.
(c) The lot descriptions include estimates that are based upon prices recently paid at auction for comparable property and take into account condition, rarity, quality and provenance (history of previous ownership). Estimates of the selling price should not be relied on as a statement that this is the price at which the item will sell or its value for any other purpose.
(d) Buyer's responsibility
All property is sold "as is" without any representation or warranty of any kind by Christie's or the seller. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the lot description. If you are considering bidding on a lot you should examine it - see 3(a) above. You are also responsible for making yourself aware of any amendments to these terms and conditions during the sale, which will be available at http://onlineonly.christies.com
4. AT THE SALE
(a) Logistics: The application that enables online bidding is optimized for broadband connectivity (DSL or cable modem). Please note that corporate firewalls may create difficulties for some users. Errors may occur in the operation and quality of digital images. We do not accept liability for such difficulties or errors.
(b) Refusal of Bidding: Christie's reserves the right, at in our absolute discretion, to reject, revoke or refuse to honor any bid (even those that have been previously accepted) or, whether during or after the sale, to restart or continue the bidding. Christie's also reserves the right to disable or deactivate your account at any time during the sale.
(c) Bidding as Principal: When making a bid, a bidder is accepting personal liability to pay the purchase price, including the buyer's premium and all applicable taxes, plus all other applicable charges, unless it has been explicitly agreed in writing with Christie's before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Christie's and Christie's will only look to the principal for payment.
(d) Online Bidding Process: An online-only auction is, by its nature, fast-moving. Competitive bidding can often progress very quickly. As soon as you place and confirm your bid amount, the bid is submitted (subject to the aggregate bidding limit set forth in paragraph 2(c)). You acknowledge that this is necessary in order to ensure that online bids are submitted and received as promptly as bids from other bidders. You accept and agree that bids submitted in this way are final and that you may not, under any circumstances, amend or retract your bid. We are not responsible for your errors in bidding.
Once you have made a bid the next bidding increment is shown for your convenience on your "Next Bid" button.
Bidding opens at a specified bid amount and advances in increments of up to 10%, subject to Christie's discretion. Bidding increments:
$50 to $1,000
$1,000 to $2,000
$2,000 to $3,000
$3,000 to $5,000
by $200, 500, 800
$5,000 to $10,000
$10,000 to $20,000
$20,000 to $30,000
$30,000 to $50,000
(ie: $32,000, 35,000, 38,000)
by $2,000, 5,000, 8,000
$50,000 to $100,000
To repeat in the same manner as set forth above
We may vary the increments during the course of the auction at our discretion.
(e) Reserves: Unless otherwise indicated, all lots are offered subject to a reserve, which is the confidential minimum price the seller will accept below which the lot will not be sold. The reserve will not exceed the low pre-sale estimate printed in the lot description. If any lot is not subject to a reserve, it will be identified in the lot description. The online-only auction may execute bids on behalf of the seller up to the amount of the reserve. Under no circumstances will we place any bid on behalf of the seller at or above the reserve. If you place a maximum bid that equals or exceeds the reserve on a lot for which the reserve has not been met, the system may automatically raise the current bid to meet the reserve price.
(f) The record of sale: The record of sale will be taken as absolute and final in all disputes. In the event of a discrepancy between Christie's and any online records or messages provided to you and the record of sale, the record of sale will govern.
(g) Withdrawal of a Lot: Christie's reserves the right, at our complete discretion, to withdraw any lot from the sale, prior to the lot's closing, and shall have no liability whatsoever with regard to such withdrawal.
(h) Employee Bidding: Please note that employees of Christie's may be bidding in this auction.
(i) Closing of Bidding: Bids may be submitted beginning on Friday March 29, 2013 from 10:00 a.m. (EST) and thereafter at any time until the sale closes on Friday April 12, 2013 with the first lot closing at 10:00 a.m. (EST) until the closing of the last lot.
5. AFTER THE SALE
(a) Successful bids:
Unless Christie's decides to use its discretion as set out in paragraph 4(b) above, the highest bid when the lot closes will be the successful bidder. This means a contract for sale has been formed between the seller and the successful bidder. Winning bidders will receive an email notification of any successful bid. Bidders are also requested to log in as soon as possible after the sale to obtain details of the outcome of any successful bid by checking "Your Account" and then "Your Bids"of the online-only auction. We do not accept responsibility for notifying you of the result of your bids.
(b) Buyer's premium:
In addition to the final bid price (the "hammer price"), the buyer agrees to pay to us the buyer's premium together with any applicable value added tax, sales or compensating use tax or equivalent tax in the place of sale. The buyer's premium is 25% of the final bid price of each lot.
(c) Payment deadline and passing of title:
You must pay the full amount due (comprising the hammer price, buyer's premium and any applicable taxes and shipping or delivery fees) no later than 11:59 pm. EST on April 16, 2013. This applies even if you wish to export the lot and an export license is, or may be, required. You will not acquire title and own the lot until all amounts due to Christie's have been received by us in full and cleared funds even in circumstances where Christie's has released the lot to you.
(d) Payment method:
You must pay for any lot bought at Christie's via the online-only auction by credit card. We will only accept credit cards with a MasterCard, Visa, Discover (including Diners Club International and JCB but for U.S. sales only), American Express or China Union Pay (if the China Union Pay credit card has a Visa or MasterCard logo) logo. Other methods of payment will not be accepted. Christie's will only accept payment from the registered bidder. If you registered and bid as a company in accordance with paragraph 2(b), your company will need to pay for any purchases via a credit card issued to the company account. Partial payment of a lot, or payment across multiple credit cards for a single lot, will not be allowed. If you purchase multiple lots, you may purchase one lot with one credit card and another lot with a different credit card but you will need to go through two separate check-outs. If you are the winning bidder of any lot, in order to pay for your lot, you will need to log onto your account and check out your basket in Your Account "Your Account" and then "Your Bids" and selecting "Checkout". You will need to enter your credit card information on check-out. The credit card you provide will be charged in U.S. dollars. For non-U.S. buyers, the actual amount to be paid in your home currency will be determined by the exchange rate used by your credit card company when you are actually charged. If you have any questions with respect to payment, please contact Christie's Client Services at firstname.lastname@example.org or on +1 (212) 636-2000.
(e) Sales or use tax:
New York sales tax or value added sales tax, sales or compensating use tax of any applicable jurisdiction (including but not limited to deliveries in California, Florida, Illinois, Massachusetts, New York, Pennsylvania, Rhode Island or Texas) will be collected, as applicable, before the lot may be released. It is the buyer's responsibility to ascertain and pay all taxes due. Christie's is not able to honor any reseller's certificates through the online-only auction process and cannot grant any exemption upon check-out for applicable sales tax to any bidder. As a successful bidder you will be charged sales tax, if applicable, as part of the check-out process. Buyers claiming exemption and a refund must provide Christie's with the appropriate valid and up-to-date documentation and Christie's will facilitate the process of a refund. It is your responsibility to obtain any relevant documentation and provide it to Christie's and any delay in obtaining a refund shall not justify the rescission of any sale.
(f) International duties:
For international buyers, the terms of sale are Delivered Duty Unpaid (DDU). It is your responsibility to ascertain and pay all international duties, customs charges, taxes and tariffs owed to the appropriate government entity or to be paid prior to shipment and/or delivery.
(g) Due diligence and offsetting:
We shall be entitled to retain any items sold until all amounts due to Christie's, or to Christie's International plc, or to any of its affiliates, subsidiaries or parent companies worldwide, have been received in full in good cleared funds or until the buyer has satisfied such other terms as Christie's, in our complete discretion, shall require, including, for the avoidance of doubt, completing any anti-money laundering or anti-terrorism financing checks we may require. If such amounts are not paid or such checks are not satisfied, Christie's shall be entitled to cancel the sale and to take any other actions that are required or permitted under applicable law. If any items sold have not been collected or for which shipping arrangements have not been confirmed or paid for in full by 11:59, April 16, 2013, administration and handling fees may be charged at Christie's full discretion.
(h) Shipping of your purchased lots:
We are entitled to retain items sold until all amounts due to us, or to Christie's International
plc, or to any of its affiliates, subsidiaries or parent companies worldwide, have been received in full in good cleared funds or until the buyer has satisfied such other terms as we, in our sole discretion, shall require, including, for the avoidance of doubt, completing any anti-money laundering or antiterrorism financing checks we may require to our satisfaction. In the event a buyer fails to complete any anti-money laundering or anti-terrorism financing checks to our satisfaction, Christie's shall be entitled to cancel the sale and to take any other actions that are required or permitted under applicable law. Subject to this, unless otherwise directed by you, Christie's will store your purchased lots that are paid for in full by the payment deadline of no later than 11:59 p.m. (EST) on April 16, 2013, free of charge until either the relevant deadline for shipment, at which time purchases will be either shipped at your expense and pursuant to the instructions you provided at time of payment. Payment for your purchase, including any applicable charges for shipping, and a provision of your final shipping destination, must be returned to Christie's by the payment deadline to qualify for this extended free-of-charge storage.
We will ship your purchased lots that are paid for in full by the payment deadline through a Christie's designated third party shipper. If you wish to have your purchases shipped either domestically or internationally, you must indicate that at the time of check-out. If such shipments can be facilitated, purchases will be shipped starting April 20, 2013 to the address you provide at check-out. Purchases cannot be delivered to P.O. boxes.
You will be responsible for any and all shipping expenses, including costs, packing and handling, loss damage liability fees. Christie's will provide loss damage liability for purchased lots when arrangements are made for such lots to be shipped to you at a rate of 1% (one percent) of the purchase price. This will be charged at check-out and will cover loss, theft, damage or breakage.
Although we shall use reasonable efforts to take care when handling, packing and facilitating any shipment of a purchased lot, Christie's is not responsible for any acts or omissions of any third party retained for these purposes, including, without limitation, any packing, shipping or delivery of purchased lots. Similarly, where we may suggest any third party handler, packer or carrier if so requested, we do not accept liability for their acts or omissions.
(i) Import/export licenses or other permits:
Unless otherwise agreed by us in writing, the fact that the buyer wishes to apply for an import and/or export license or some other permit and/or license for shipment does not affect his or her obligation to make payment on the payment due date nor our right to charge interest or storage charges on late payment. A delay in obtaining (or a failure to obtain) required permits or licenses shall not justify a rescission of any sale nor a delay in making full payment for the lot, and we shall not be obligated to refund any interest or other expenses incurred by the buyer. Local laws may prohibit the import of some property and/or may prohibit the resale of some property in the country of importation. No such restriction shall justify the rescission of any sale or delay in making full payment for the lot.
(j) Remedies for non payment:
If the buyer fails to make payment in full in good cleared funds by the payment due date required by paragraph 5(c), Christie's will be entitled in our absolute discretion to exercise one or more of the following rights or remedies (in addition to asserting any other rights or remedies available to us by law):
(i) To charge interest at such rate as we shall reasonably decide;
(ii) To hold the defaulting buyer liable for the total amount due and to commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law;
(iii) To cancel the sale;
(iv) To resell the property publicly or privately on such terms as we shall think fit, and the buyer shall be liable for payment of any deficiency between the total amount originally due to us and the price obtained upon resale as well as for all costs, expenses, damages, legal fees and commissions and premiums of whatever kind associated with both sales or otherwise arising from the default;
(v) To set off against any amounts which we, or Christie's International plc, or any of its affiliates, subsidiaries or parent companies worldwide, may owe to the buyer in any other transactions, the outstanding amount remaining unpaid by the buyer;
(vi) To reject at any future auction any bids made by or on behalf of the buyer or to obtain a deposit from the buyer before accepting any bids;
(vii) To exercise all the rights and remedies of a person holding security over any property in our possession owned by the buyer, whether by way of pledge, security interest or in any other way, to the fullest extent permitted by the law of the place where such property is located. The buyer will be deemed to have granted such security to us and we may retain such property as collateral security for such buyer's obligations to us; and/or
(viii) To take such other action as we deem necessary or appropriate.
(l) Failure to Remit Payment
Should buyers fail to complete their purchase by the payment deadline of no later than 11:59 pm. (EST) on April 16, 2013 Christie's shall be permitted to remove the property to a third party warehouse at the buyer's expense, and only release the items after payment in full has been made of removal, storage, handling, insurance and any other additional costs incurred, together with payment of all other amounts due to us.
6. EXTENT OF CHRISTIE'S LIABILITY
(a) Christie's offers internet services as a convenience to our clients, but Christie's will not be responsible to you for errors or failures to execute bids placed on the internet or on your mobile device, including, without limitation, errors or failures caused by: (i) any loss of connection to the online-only auction; (ii) a breakdown or problems with the online bidding software; and/or (iii) a breakdown or problems with any internet connection, computer, mobile device or system. Execution of on-line and mobile internet bids is a free service and Christie's does not accept liability for failing to access the bidding site or to execute an online or mobile internet bid or for errors or omissions in connection with this activity. In addition, condition reports and currency converter are free services and Christie's is not responsible to you for any error or breakdown in these services.
(b) Neither the seller nor Christie's (nor any of their officers, employees or agents) is responsible for the correctness of any statement of whatever kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Except as stated below, neither the seller, Christie's nor any of its officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition, history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph.
(c) Neither the seller nor Christie's (nor any of their officers, employees or agents) is responsible for any loss caused by or resulting from confiscation of a shipment of purchased property to any state or foreign country or risks of restricted transportation by government or public authority.
(d) In addition to the other rights of cancellation contained in this agreement, Christie's can cancel a sale of a lot if we reasonably believe that completing the transaction is or may be unlawful or that the sale places us or the seller under any liability to anyone else or may damage our reputation.
(e) We agree to refund the purchase price only in the circumstances of the Limited Warranty set out in paragraph 7 below.
7. LIMITED WARRANTY
Subject to the terms and conditions of this paragraph, Christie's warrants for a period of five years from the date of the sale that any property described in headings printed in UPPER CASE
TYPE (i.e. headings having all capital-letter type) in the lot description (as such description may be amended) which is stated without qualification to be the work of a named author or authorship, is authentic and not a forgery. The term "author" or "authorship" refers to the creator of the property or to the period, culture, source or origin, as the case may be, with which the creation of such property is identified in the UPPER CASE description of the property in the lot description. Only UPPER CASE TYPE headings of lots in the lot description indicate what is being warranted by Christie's. Christie's warranty does not apply to supplemental material which appears below the UPPER CASE TYPE headings of each lot and Christie's is not responsible for any errors or omissions in such material. The terms used in the headings are further explained in Important Notices and Explanation of Cataloguing Practice. The warranty does not apply to any heading which is stated to represent a qualified opinion. The warranty is subject to the following:
(i) It does not apply where (a) the lot description or any relevant notice corresponded to the generally accepted opinion of scholars or experts at the date of the sale or fairly indicated that there was a conflict of opinions; or (b) correct identification of a lot can be demonstrated only by means of either a scientific process not generally accepted for use until after publication of the lot description or a process which at the date of publication of the lot description was unreasonably expensive or impractical or likely to have caused damage to the property.
(ii) The benefits of the warranty are not assignable and shall apply only to the original buyer of the lot as shown on the invoice originally issued by Christie's when the lot was sold at auction.
(iii) The original buyer must have remained the owner of the lot without disposing of any interest in it to any third party.
(iv) The buyer's sole and exclusive remedy against Christie's and the seller, in place of any other remedy which might be available, is the cancellation of the sale and the refund of the original purchase price paid for the lot. Neither Christie's nor the seller will be liable for any special, incidental or consequential damages including, without limitation, loss of profits nor for interest.
(v) The buyer must give written notice of claim to us within five years from the date of the auction. It is Christie's general policy, and Christie's shall have the right, to require the buyer to obtain the written opinions of two recognized experts in the field, mutually acceptable to Christie's and the buyer, before Christie's decides whether or not to cancel the sale under the warranty.
(vi) The buyer must return the lot to the Christie's saleroom at which it was purchased in the same condition as at the time of the sale.
(a)The copyright in all images, illustrations and written material produced by or for Christie's relating to a lot is and shall remain at all times the property of Christie's and shall not be used by the buyer, nor by anyone else, without our prior written consent. Christie's and the seller make no representation or warranty that the buyer of a property will acquire any copyright or other reproduction rights in it.
(b) The contents of the online-only auction as displayed within LotFinder® or http://onlineonly.christies.com including but not limited to text, graphics, and images (hereinafter the "Material") are protected by copyright, trademark and other laws and are owned or controlled by Christie's Inc., Christie's Images Inc., Christie's Images Ltd., and/or other affiliated entities (for the purposes of this paragraph 8 are together, "Christie's") and/or by third parties. Christie's authorizes you to view and download a single copy of the Material solely for your personal, non-commercial use. All rights in and to the Material not expressly granted to you are reserved. You may not sell, prepare derivative works based on, modify, reproduce, publicly display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose without the express prior written permission of Christie's. For information on obtaining licenses to use the photographs that appear on LotFinder® or http://onlineonly.christies.com, please inquire with Christie's Client Services at email@example.com or 212-636-2000.
10. Personal Information
11. LAW AND JURISDICTION
The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in which the auction is held. By bidding at auction, whether present in person or by agent, by written bid, telephone or other means, the buyer shall be deemed to have submitted, for the benefit of Christie's, to the exclusive jurisdiction of the courts of that country, state, country or province, and (if applicable) of the federal courts sitting in such state.
IMPORTANT NOTICES AND
EXPLANATION OF CATALOGUING PRACTICE
CHRISTIE'S INTEREST IN PROPERTY CONSIGNED FOR AUCTION
From time to time, Christie's may offer a lot which it owns in whole or in part. Such property is identified in the lot description with language indicating such ownership.
On occasion, Christie's has a direct financial interest in lots consigned for sale, which may include guaranteeing a minimum price or making an advance to the consignor that is secured solely by consigned property. Such property is identified in the lot description with language indicating such ownership. This language will appear both in cases where Christie's holds the financial interest on its own and in cases where Christie's has financed all or part of such interest through third parties. When a third party agrees to finance all or part of Christie's interest in a lot, it takes on all or part of the risk of the lot not being sold, and will be remunerated in exchange for accepting this risk. The third party may also bid for the lot. Where it does so, and is the successful bidder, the remuneration may be netted against the final purchase price. If the lot is not sold, the third party may incur a loss.
For this auction, if property has language indicating as much in the lot description and/or lot notes, Christie's guarantee of a minimum price has been fully financed by third parties.
ALL DIMENSIONS ARE APPROXIMATE
Condition reports will often be made available online. The lot descriptions may include references to condition in descriptions of multiple works (such as prints, books and wine). Please contact Client Services at (212) 636-2000 or by email at firstname.lastname@example.org for supplementary information, such as a condition report on a particular lot. Such information is provided as a service to interested clients. Bidders should note that descriptions of property are not warranties and that each lot is sold "as is."
We recommend that you always examine the property personally.
PROPERTY INCORPORATING MATERIALS FROM ENDANGERED AND OTHER
Property made of or incorporating (irrespective of percentage) endangered and other protected species of wildlife are marked with the symbol ~ in the lot description (or are identified in the lot description with language indicating as such). Such material includes, among other things, ivory, tortoiseshell, crocodile skin, rhinoceros horn, whale bone and certain species of coral, together with Brazilian rosewood. Prospective purchasers are advised that several countries prohibit altogether the importation of property containing such materials, and that other countries require a permit (e.g., a CITES permit) from the relevant regulatory agencies in the countries of exportation as well as importation. Accordingly, clients should familiarize themselves with the relevant customs laws and regulations prior to bidding on any property with wildlife material if they intend to import the property into another country. For example, the U.S. generally prohibits the importation of articles containing species that it has designated as endangered or threatened if those articles are less than 100 years old. Please note that it is the client's responsibility to determine and satisfy the requirements of any applicable laws or regulations applying to the export or import of property containing endangered and other protected wildlife material. The inability of a client to export or import property containing endangered and other protected wildlife material is not a basis for cancellation or rescission of the sale. Please note also that lots containing potentially regulated wildlife material are marked as a convenience to our clients, but Christie's does not accept liability for errors or for failing to mark lots containing protected or regulated species.
EXPLANATION OF CATALOGUING PRACTICE
As stated in Christie's Conditions of Sale, Christie's warrants the authenticity of authorship identified in the UPPER CASE TYPE headings of each lot. Such headings generally indicate the person or persons, publisher or agency responsible for the execution of, or owning the rights to, the negative, positive, digital file or other method employed from which the print, plate, transparency or object being offered for sale is created. While we may indicate in the lot description who we believe to have been the maker, printer or creator of the object being offered, the Limited Warranty does not apply to any information regarding the maker, printer or creator of the print, plate, transparency or object being offered.
Please consult a member of the department if you have questions about any specific lots.
e.g., Attributed to [Henri Le Secq]:
In Christie's opinion, a work that may have been executed by [Henri Le Secq] but cannot be definitively determined to be by [Henri Le Secq].
In Christie's opinion, the maker of daguerreotype, whose identity cannot be definitively determined or attributed.
In Christie's opinion, the creator of a photograph, whose identity cannot be definitively determined or attributed.
Christie's wishes to make clear that all lots are sold without copyright. Images may not be reproduced without the express written permission of the copyright holder.
In addition to the "author" described in upper case type, each lot is generally described by title, medium, negative and printing dates, signatures, various stamps, dimensions and other relevant information in upper and lower case type, all of which are not covered by the Limited Warranty. A sample entry is as follows:
Ansel Adams (1902-1984)
Moonrise, Hernandez, New Mexico1
Gelatin silver print.2 1941/1960s.3 Signed in ink on the mount; Carmel credit stamp with title in ink on the reverse of the mount.4
14 x 19 in. (37.8 x 49.3 cm.)5
From the artist;
Private Collection, California;
with XYZ Gallery;
to the present owner.
Museum of Modern Art, New York, 1979.
New York Graphic Society, Ansel Adams: Classic Images, pl.1.
The title is, if known, the title given the work by the artist, the most common used to describe the image, what might appear on the print itself or, in some cases, simply a descriptive title given by Christie's to untitled works.
In Christie's opinion, the medium is the photographic technique that most accurately describes how the work was executed. A list of photographic techniques appears in the section entitled "Photographic Techniques."
3 Negative and printing dates:
The negative date indicates the date that the negative, positive, digital file or other method was exposed. The date of the printing indicates the date that the print, plate, transparency or object being offered for sale was created. When a difference between the negative date and the date of printing of the object is known or assumed, the negative date will be followed by the printing date separated by a /. If the negative date and the date of printing are the same, or are assumed to be reasonably close in time so that, for all practical purposes, they are indistinguishable, only one date will appear.
4 Signatures, stamps, inscriptions:
Christie's indicates the existence of any wet stamps, blind embossing or written markings that we deem important. Signatures are assumed to be in the hand of the artist.
Measurements are given in both inches and centimeters with height preceding width and refer to the image size only unless otherwise noted.
6 Provenance, Exhibited and Literature:
Provenance is the history of ownership of a work and is listed from the earliest known to most recent. When the provenance includes members of the trade, "with" precedes the dealer or gallery as it is often unknown whether the work was owned by the dealer, on consignment to or brokered by that dealer to the next owner.
Exhibitions listed include those where the actual object offered for sale was included.
When "See:" precedes a literature reference it indicates that the image is reproduced but is not the work being offered. If the specific object offered for sale is illustrated, the word "See:" is omitted.
Information regarding provenance, exhibition history and literature may not be complete.
GLOSSARY OF CATALOGUIN TERMS
1851 – 1880s, some use to early 1910s
Invented by Louis Blanquart-Evrard in 1850 as a photographic printing paper coated with salted egg white (albumen) and sensitised with silver nitrate. The photograph is produced by contact printing in daylight. Albumen prints have a thin paper base, a smooth finish with a light sheen and an image colour ranging from warm brown to purplish-black.
AMBROTYPE (COLLODION POSITIVE)
1854 – early 1860s
Patented by James Cutting in 1854, this is a positive image on a glass plate coated with a silver collodion emulsion. The plate is exposed in the camera, producing a negative image of a pale beige colour. When the glass is backed with black lacquer, paper or cloth, the light areas are brought out, giving the appearance of a positive image.
1907 – mid 1920s
Invented and patented by Louis Lumière in 1904, this is a direct positive colour transparency on glass. A glass plate is coated with a varnish holding tiny grains of potato starch dyed red, green and blue-violet, and then coated again with a light sensitive gelatin bromide emulsion. Once exposed in a camera, the plate produces a very dense image whose random-grain structure gives a rather pointilliste effect.
BLANQUART-EVRARD PROCESS PRINT
1847 – 1850s
Blanquart-Evrard introduced a modification of Talbot's calotype process to produce a developed-out paper print or calotype positive. These prints have a matt surface similar to salt prints, but the image colour tends to be neutral grey or black-brown rather than the brown hues of salt prints.
1907 – 1930s
Invented by E. J. Wall and C. Welbourne Piper in 1907, as a photograph in oily ink on commercial gelatin silver paper. An ordinary silver bromide photograph is made, then chemically treated to bleach out the silver image and selectively harden the gelatin surface in proportion to the density of the original silver image. The paper is inked with lithographic ink, using a brayer or a brush; the ink only adheres to the hardened areas of the print. Bromoil transfer is a variation of this, in which the inked print is transferred onto a sheet of plain paper. Both processes produce a grainy image, typically in black or brown ink.
1841 – 1850s, some use to early 1910s
Invented in 1841 by William Henry Fox Talbot, this was the first successful negative/positive process, enabling multiple prints to be made. Plain paper is coated with a solution of silver nitrate and potassium iodide and given a short exposure in a camera to produce a faint or latent image. This image is intensified ("developed") with a solution of silver nitrate and gallic acid. The resulting paper negative is contact-printed on a sheet of sensitised paper to produce a positive image (see salt print).
mid-1870s – 1930s
This pigment print process developed from 1850s work by Alphonse Poitevin and was perfected in the late 1860s by J. W. Swan. Paper is coated with pigmented gelatin and sensitised with potassium bichromate. This "carbon tissue" is then contact-printed in daylight to selectively harden the pigmented gelatin. The tissue is soaked in water to wash away the unhardened coating, leaving a stable image in pigmented gelatin, which is then transferred onto a support paper. Carbon prints can be in a range of colours but are usually brown. (See pigment processes).
CARBRO PRINT (VIVEX PRINT)
1920s - 1950s (and see dye transfer for subsequent use)
Invented in 1919 by Howard Farmer, this process produces a colour dye image on a gelatin support paper. A series of separation negatives are made on silver bromide paper (produced by photographing the original image through red, green and blue filters). Each bromide negative is then pressed onto a chemically-treated paper (or "tissue") coated with dyed gelatin. The silver image interacts with the sensitised dye "tissue" producing a dye matrix. This is squeegeed face down onto a gelatin receiving paper and when the tissue is peeled away, the dye image remains on the gelatin. Each dye image (magenta, cyan and yellow) is applied to the paper in registration, resulting in a full colour image.
CHROMOGENIC PRINT (CHROMOGENIC DEVELOPER PRINT)
1940s – present
A positive print made from a colour negative, involving at least three emulsion layers of silver salts sensitised to one of three colours – red, green or blue. Unlike a dye-destruction print, the dyes are not contained within each layer prior to exposure but are produced during development by adding dye couplers which are activated by the silver. The silver is bleached out, leaving a full colour positive image on a white polythene base. A print from this process may also be termed a colour coupler or "Type-C" print.
A print made by placing photographic printing paper in direct contact with a negative and exposing it to light through the negative.
1840s – early 1860s, revived as commercial proofing paper in 1890s
Invented in 1841 by John Herschel as a photographic printing process. Paper is coated with a solution of iron salts, contact printed in daylight, and washed in plain water to dissolve the unexposed salts, producing an image in Prussian blue on plain, uncoated paper.
1839 – 1850s
Developed in the late 1820s by J. N. Niépce and perfected in the mid-1830s by L. J. M. Daguerre, this direct positive process produced a unique image on a silver-plated copper plate. The plate was thoroughly polished, then sensitised with potassium iodide. Once exposed in a camera, the faint or latent image was developed out with mercury fumes. The image could be subsequently intensified and stabilised by toning with gold chloride. Its most distinctive characteristic is the highly reflective silver surface.
DIGITAL INK-JET PRINT (IRIS, GICLÉE)
1990s – present
A process in which the image is formed by the application of tiny droplets of ink or pigment, usually as a print on paper but can also be applied to other materials. The printer used to apply the ink or pigment droplets is controlled by a computer which has digitized the image from a negative, transparency or software original.
DYE-BLEACH PRINT (CIBACHROME PRINT, DYE-DESTRUCTION PRINT, SILVER DYE-BLEACH PRINT)
Early 1960s – present
A positive-to-positive (reversal) process usually resulting in a print made from a colour transparency and incorporating three emulsion layers of silver salts sensitised to one of three colours – (red, green or blue) and corresponding dyes. After exposure, the image is developed and then bleached out, leaving a relatively stable dye image on a white plastic or polythene support. Cibachrome is the patent name given to the process by Ilford.
DYE TRANSFER PRINT (ALSO KNOWN AS DYE IMBIBITION PRINT)
1940s – 1980s
This variation of carbro was developed in the late 1930s and early 1940s. It produces a very stable, full colour image on a gelatin support paper. Black-and-white separation negatives are used to produce dye matrices on celluloid, which are squeegeed down, in registration, on the support paper. The celluloid is peeled off, leaving an image in coloured dye.
GELATIN SILVER PRINT
1880s – present
In the 1880s, various formulae for gelatin silver printing papers were developed from early 1870s research by R.L. Maddox. The paper is coated with a layer of gelatin incorporating light-sensitive silver salts: silver chloride (see also printing-out paper), silver bromide, or a mixture of the two. Commercial gelatin papers present a range of finishes from glossy to matt and a range of image colours from warm brown to blue-black, with further alterations of colours through toning.
1890s – 1920s. Perfected in 1893 by A. Rouillé-Ladèveze.
A pigment print made by exposing a negative on paper coated with gum arabic, potassium bichromate, and pigment. As with the carbon process, the coating hardens in proportion to the light received through exposure, and unexposed coating is washed away to produce a pigmented relief image. (See pigment processes).
1880s – present
Developed in the 1870s and 1880s, this photo-mechanical process produces an inked image made up of a pattern of dots. A metal printing plate is coated with bichromated gelatin and contact printed with a negative and a ruled screen, which breaks up the shadow areas of the image into small dots. The unexposed gelatin coating is washed off, leaving the exposed areas of the gelatin to act as an etching resist. The plate is etched to produce a relief image, inked and printed. Today, half-tone images are produced by photolithography.
1904 – 1930s
Invented by G. E. Rawlins in 1904, this is a photo-graph in oily ink on gelatin-coated paper. The gelatin is sensitised with potassium bichromate, and then contact-printed in daylight. The bichromate hardens the gelatin in proportion to the exposure. The paper is then inked up, like bromoil. In 1911, Robert Demachy introduced the oil transfer process, a variation based on bromoil transfer.
Early 1900s – 1920s
A positive gelatin bromide transparency on glass, coated on the back with a mixture of bronzing powder and banana oil. This process was little used except by Edward S. Curtis, whose studio assistants employed the process to reproduce a number of his photographs of North American Indians.
A unique photographic print made without a camera, by placing objects on a light-sensitive surface and exposing them to light. The objects appear as negative silhouettes. A technique commonly associated with the work of Christian Schad ("Schadograph"), Laszlo Moholy-Nagy and Man Ray ("Rayograph").
1879 – present
Perfected in 1879 by Karel Kli_ (Klietsch), this photo-mechanical process produces a fine, random-grain image in ink, similar in appearance to an aquatint. A copper plate is covered with a bichromated carbon tissue (see carbon print) and contact-printed in daylight to selectively harden the tissue. The coating is washed to remove the unexposed areas and the plate dusted with aquatint rosin. The plate is then etched to produce a relief image, inked and printed.
This is a generic term, covering a variety of processes including bromoil, carbon, carbro and gum bichromate. These processes use a bichromated, pigmented colloid such as gelatin or gum arabic to produce an image. The bichromate acts as a light-sensitive catalyst, causing the colloid to harden in the presence of daylight/ultraviolet light. This action is selective, so that once exposed, the coating is soaked in water to remove the unexposed areas or chemically treated and then inked, leaving an image in pigment.
1880s – 1920s, revived 1970s
Invented by William Willis in 1873 from earlier work by John Herschel, this process produces very stable images. A light-sensitive solution of iron and platinum salts is applied to paper, contact-printed in daylight for a faint image, then developed out in potassium oxalate. Platinum prints show an extended tonal range, a neutral grey or brown image colour, and a matt finish on plain uncoated paper.
1939-40 – present
A diffusion transfer process, as a peel-apart reversal system based on dye-couplers and silver halide. Invented as a black and white process in 1939-40, perfected as colour process, commercially available from 1948 and established as Polacolor (1963), Polacolor II (1976) and Polaroid ER.
PRINTING-OUT PAPER (P.O.P.)
1890 – 1930s
A photographic printing paper coated with a silver chloride gelatin or collodion emulsion. A visible image is produced with exposure to light, without the need for chemical development. POP prints are contact-printed and are usually toned in gold chloride to produce a characteristic purple-grey image colour.
SALT PRINT (SALTED PAPER PRINT)
1840s – late 1850s, revived 1890s – 1910s
Invented in 1834/5 by W. H. F. Talbot, this was the first practicable silver printing paper. The paper was coated with a solution of salt, then sensitised with silver nitrate. It was contact-printed in daylight (see contact print). Salt prints are characterized by a matt finish and a range of image colours from warm reddish brown to a deep purplish-brown.
1851 – early 1900s
The stereograph was actually a pair of photographs, taken with paired lenses and mounted together on a card, to be viewed through a special stereoscope viewer also having paired lenses. The premise of the system was proposed in the 1830s and the viewer invented by David Brewster in 1849. The distance between the lenses and the mounted photographs was calibrated so that when seen through the viewer, the two images appear to converge, producing a three-dimensional effect.
c.1860 – 1920s
Proposed by Adolphe Martin in 1853, this was a collodion positive (see ambrotype) on a lacquered metal plate. It was an inexpensive method of portraiture used along with the ambrotype as an alternative to the daguerreotype.
WAXED PAPER NEGATIVE
Invented in 1851 by Gustave Le Gray, this process produced a translucent paper negative through waxing the paper before sensitising it with silver iodide. An exposure on waxed paper gave a finer image resolution than could be achieved with plain paper.
Early 1870s – early 1890s
Invented by Walter B. Woodbury in the 1860s, this is a photomechanical process producing a grainless, continuous image in pigmented gelatin. A bichromated gelatin matrix is produced from the original photographic image and this is used to emboss a lead printing plate, which held an "ink" of pigmented gelatin. Woodburytypes are most commonly seen as book illustrations. They usually have a brown image colour and can look similar to carbon prints, although they show a more pronounced relief image.