CONDITIONS OF SALE: The Unburnable Book. An Auction to benefit P.E.N. America Center, 2022 New York, New York| Hosted by Sotheby’s

The following Conditions of Sale are Sotheby’s, Inc. ("Sotheby's") and P.E.N. America Center (hereinafter, "PEN") entire agreement with the purchaser and any bidders relative to the property listed in this online auction. All property is offered to benefit P.E.N. America Center.

The Conditions of Sale, the glossary, if any, and all other contents of this online auction, " The Unburnable Book " are subject to amendment by Sotheby's or PEN by the posting of notices or by oral announcements made during the sale.

By participating in any sale, you acknowledge that you are bound by these Conditions of Sale.

1. As Is. Goods auctioned are often of some age. All property is sold “AS IS” without any representations or warranties by us or PEN as to merchantability, fitness for a particular purpose, the correctness of the items listed in the online auction or other images or descriptions of the physical condition, size, quality, rarity, importance, medium, frame, provenance, exhibitions, literature or historical relevance of any property and no statement anywhere, whether oral or written, whether made in the online auction, an advertisement, a bill of sale, a salesroom posting or announcement, or elsewhere, shall be deemed such a warranty, representation or assumption of liability. We and PEN make no representations and warranties, express or implied, as to whether the purchaser acquires any copyrights, including but not limited to, any reproduction rights in any property. We and PEN are not responsible for errors and omissions in the catalogue, glossary, or any supplemental material. Sotheby’s and PEN will not be responsible or liable for damage to frames and glass coverings, regardless of the cause.

2. Inspection. Prospective bidders should make themselves aware of the property on which they wish to bid, which may include information about its condition, size, and whether or not the property has been repaired or restored. If prospective bidders are interested in learning more about a property, please contact kalika.sands@sothebys.com. Property will be available for viewing at designated times at Sotheby’s New York premises, or such other location as we may indicate from time to time. Any images and condition reports are provided to assist you with assessing the condition of the property and are for guidance only.

3. Withdrawal. Sotheby’s and PEN reserve the right to withdraw any property before, during and after the sale and shall have no liability whatsoever for such withdrawal.

4. Per Lot. All bids are per lot as numbered in the online auction.

5. Bidding. When you click on ‘Place a Bid’ on a lot, you will be prompted to either log in to your Sotheby’s account, or to create a Sotheby's account if you do not already have one. Once you have either created an account or logged into your account, you will be presented with the Conditions of Sale for the auction in which that lot is offered. Once you have accepted the Conditions of Sale, you may proceed with placing a bid on that lot or any other lot in that auction. All bids placed in that auction are governed by the Conditions of Sale for that auction.

You may bid at or above the starting bid displayed on the online platform. You may also input a maximum bid which, upon confirmation, will be executed automatically up to this predefined maximum value in response to other bids, including bids placed by PEN on behalf of the seller, up to the amount of the reserve (if applicable). Bids placed by PEN on behalf of the seller, up to the amount of the reserve, will be counted toward the total bid count displayed on the online platform. The current leading bid will be visible to all bidders; the value and status of your maximum bid will be visible only to you, unless it is the leading bid. If the status of your bid changes, you will receive notifications via email and push (if you have the Sotheby’s App installed).

As soon as you place and confirm your bid amount, your bid is submitted. You accept and agree that bids submitted by you are final. Sotheby's, PEN and the Consignor are not responsible for any errors in bidding. Sotheby’s and PEN reserve the right to reject any bid. The highest bidder acknowledged by the Sotheby's online bidding system will be the purchaser. PEN has absolute and sole discretion in the case of error or dispute with respect to bidding, and whether during or after the sale, to determine the successful bidder, to re-open the bidding, to cancel the sale or to re-offer and re-sell the item in dispute. If any dispute arises after the sale, the sale record is conclusive.

By participating in the sale, you represent and warrant that any bids placed by you, or on your behalf, are not the product of any collusive or other anti-competitive agreement and are otherwise consistent with federal and state antitrust law.

By participating in the sale, you represent and warrant that:

(a) The bidder and/or purchaser is not subject to trade sanctions, embargoes or any other restriction on trade in the jurisdiction in which it does business as well as under the laws of the European Union, the laws of England and Wales, or the laws and regulations of the United States, and is not owned (nor partly owned) or controlled by such sanctioned person(s) (collectively, “Sanctioned Person(s)”);

(b) Where acting as agent (with Sotheby’s prior written consent), the principal is not a Sanctioned Person(s) nor owned (or partly owned) or controlled by Sanctioned Person(s); and

(c) The bidder and/or purchaser undertakes that none of the purchase price will be funded by any Sanctioned Person(s), nor will any party be involved in the transaction including financial institutions, freight forwarders or other forwarding agents or any other party be a Sanctioned Person(s) nor owned (or partly owned) or controlled by a Sanctioned Person(s), unless such activity is authorized in writing by the government authority having jurisdiction over the transaction or in applicable law or regulation.

Sotheby's may screen potential bidders to confirm such bidder's participation in the auction and may revoke such bidder's permission to participate before, during or after the sale. Bidders should also consult the Sotheby's Website for the most up to date cataloguing of the property in this online auction. Bidders are responsible for making themselves aware of all available notices, which will be posted online.

6. Closing Bidding. Bids may be submitted from the start of the auction until bidding on the specific lot closes. An end time will be displayed for each lot on the lot detail page. Lots will close in one-minute increments unless a bid is placed within one (1) minute of a lot's scheduled end time, in which case we will extend the sale of that lot by two (2) minutes from the time of the last bid. The extension of any one lot's closing time does not affect any other lot's closing time; therefore, it is possible that lots will close out of numerical lot order. Upon the closing of each lot, you will receive another email and push notification indicating whether you have won or lost each lot on which you have placed a bid.

7. Cancelling Bids. A bidder may cancel a bid placed in an online-only sale only if either (a) the description of the lot or the condition report for the lot listed in the catalogue has been materially revised after the bid was placed or (b) a notice regarding the lot has been posted on Sotheby’s website after the bid was placed. For further information, please contact the Sotheby’s Bids Department in New York at bids.newyork@sothebys.com.

8. Record of Sale. The record of sale kept by Sotheby's on behalf of PEN will be taken as absolute and final in all disputes. In the event of a discrepancy between any online records or messages provided to you and the record of sale kept by Sotheby's on behalf of PEN, the record of sale will govern.

Successful bidders will be notified and invoiced by PEN after the sale. In the event of any discrepancy between any online purchase information and the invoice sent to you by PEN following the sale, the invoice prevails.

9. Purchaser’s Responsibility.

(a) At the close of a lot, the contract between PEN and the purchaser is concluded, and the winning bidder thereupon will immediately pay the full purchase price or such part as PEN may require. Title in a purchased lot will not pass until the PEN has received the full purchase price in cleared funds. The purchaser’s obligation to immediately pay the full purchase price or such part as PEN may require is absolute and unconditional and is not subject to any defenses, setoffs or counterclaims of any kind whatsoever. PEN is not obligated to release a lot to the purchaser until title to the lot has passed and any earlier release does not affect the passing of title or the purchaser’s unconditional obligation to pay the full purchase price. Please note PEN reserves the right to refuse to accept payment from a source other than the buyer of record.

(b) The purchaser is solely responsible for the payment of shipping and insurance of the purchased lot. PEN will help coordinate shipping arrangements between the purchaser and the donor of the auction item to facilitate timely delivery. Neither PEN nor the consignors are responsible for the acts or omissions related to the packing and shipping of the lots. Packing and handling of purchased lots is at the entire risk of the purchaser. Sotheby’s is in no way responsible for any shipping, packing, handling and insurance, and any coordination thereof, for the purchased lots.

If any applicable conditions herein are not complied with by the purchaser, the purchaser will be in default and in addition to any and all other remedies available to PEN by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, PEN, at its option, may cancel the sale. Payment will not be deemed to have been made in full until PEN has collected good funds. Any claims relating to any purchase, including any claims under the Conditions of Sale, must be presented directly to PEN.

10. Reserve. All lots in this online auction are offered subject to a reserve, which is the confidential minimum hammer price at which a lot will be sold. No reserve will exceed the low presale estimate stated in the online auction, or as amended by oral or posted notices. Sotheby's may implement such reserve by opening the bidding on behalf of PEN.

11. Tax. It is the responsibility of the purchaser to comply with all tax laws, including sales tax obligations, the purchaser is subject to in all jurisdictions. By purchasing an item in the online auction, the purchaser agrees to indemnify both Sotheby’s and PEN from any and all tax due, including sales tax, on the purchase in all other applicable jurisdictions if Sotheby’s and PEN are not legally required to collect tax in that jurisdiction.

12. Charitable Donation. Any amount paid in excess of fair market value may be considered a charitable deduction and, in these cases, PEN will issue a tax substantiation letter to the purchasers.

13. Export and Permits. It is the purchaser’s sole responsibility to identify, pay for and obtain any necessary export, import, endangered species, applicable customs fees or other permits required for the lot. Any symbols or notices in the auction reflect Sotheby’s and PEN’s reasonable opinion at the time of cataloguing and are for bidders’ general guidance only; Sotheby’s and PEN make no representations or warranties as to whether any lot is or is not subject to export or import restrictions or any embargoes.

14. Governing Law and Jurisdiction. These Conditions of Sale, as well as bidders’, the purchaser’s, Sotheby's and PEN’s respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of New York. By bidding at an auction, all bidders including the purchaser, shall be deemed to have consented to the exclusive jurisdiction of the state courts of, and the federal courts sitting in, the State of New York. All parties agree, however, that Sotheby’s and PEN shall retain the right to bring proceedings in a court other than the state and federal courts sitting in the State of New York.

15. Limitation of Liability. In no event will the aggregate liability of Sotheby’s or PEN to a purchaser exceed the purchase price actually paid. Sotheby's will not be responsible for any errors or failures to execute bids placed online or for any errors or omissions in connection therewith including, without limitation, errors or failures caused by (i) a loss of connection to the internet or the Sotheby's online platform software by either Sotheby's or the client; (ii) a breakdown or problem with Sotheby's online platform software; or (iii) a breakdown or problem with a client's Internet connection, mobile network or computer.

16. Data Protection. Your personal information will be shared with PEN for purposes of completing any transactions hereunder and conducting the auction. Sotheby’s will also hold and process your personal information and may share it with another Sotheby’s Group company for use as described in, and in line with, our Privacy Policy published on our website at https://www.sothebys.com/en/privacy-policy or available on request by email to enquiries@sothebys.com. Under European data protection laws, a client may object, by request and free of charge, to the processing of their information for certain purposes, including direct marketing, and may access and rectify personal data relating to them and may obtain more information about Sotheby’s data protection policies by writing to Sotheby’s, 34-35 New Bond Street, London W1A 2AA, or 1334 York Avenue, New York, NY 10021, Attn: Compliance, or emailing enquiries@sothebys.com. Online bids may be recorded.

17. Cancellation Right. The Consumer Rights Directive (Directive 2011/83/EU) and related regulations implemented by the European Union (“EU”) member states and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (as amended) (the “Regulations”) give bidders who are consumers and are habitually resident within an EU member state or the United Kingdom (an “EU/UK Bidder”) who purchase goods and services online or otherwise “at a distance” certain cancellation rights under the Regulations.

Under the Regulations, an EU/UK Bidder who purchases property during the sale from a seller that is a trader has the right to cancel the contract (provided that such contract is a distance contract or an off-premises contract for the purposes of the Regulations) for any reason and without incurring liability within a period of fourteen days after the day on which the property comes into the physical possession of either the EU/UK Bidder or a person identified by the EU/UK Bidder to take possession of the property (but not the carrier of the property) (the “Goods Cancellation Period”).

To exercise the right to cancel, the EU/UK Bidder must inform PEN of its decision to cancel the contract for the purchase of property (as applicable) by a clear statement (e.g. a letter sent by post, fax or email). In order to meet the applicable cancellation deadline, the EU/UK Bidder is required to send his/her communication concerning the exercise of the cancellation right (i) in relation to a purchase of property before the Goods Cancellation Period has expired. In connection with any cancellation, PEN may require that you furnish us, upon our request, with any additional information necessary for PEN to assess whether in our reasonable opinion you would be deemed a trader under the Regulations.

If you cancel the contract for the purchase of property within the applicable Goods Cancellation Period, PEN will reimburse you for payments received from you or any import duties PEN incurs as a result of you returning the property to PEN. PEN is entitled to deduct from the reimbursement the amount of any loss in value of property which is caused as a result of unnecessary handling by you. PEN will make the reimbursement without undue delay, and not later than (i) 14 calendar days after the date on which PEN receives back from you any property supplied; or (ii) (if earlier) 14 calendar days after the date on which you provide evidence that you have returned the property. PEN will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. PEN may withhold reimbursement until PEN has received the property back or you have supplied evidence of having sent back the property, whichever is earliest. You must send back the property or return them to us at such address as PEN may specify for the purpose, without undue delay and in any event not later than 14 calendar days from the date after the date on which you communicate your cancellation to PEN. The deadline is met if you send back the property before the period of 14 calendar days has expired. You will have to bear the costs of returning the property. You are only liable for any diminished value of the property resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the lot.

The Unburnable Book

The Unburnable Book

The Unburnable Book

The Unburnable Book

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