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eLot No. 07-1510: “Mombi” by Matthew Hines

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Art for AIDS Terms & Conditions of Sale

The following, as amended by any posted notices or verbal announcements during the sale, constitutes the entire terms and conditions on which property shall be offered for sale or sold as part of the Art for AIDS benefit auction by the UCSF AIDS Health Project (?we? or ?our?).

By clicking ?Submit? you authorize the UCSF AIDS Health Project (AHP) to bid on your behalf up to the price stated. AHP will obtain the lot(s) as reasonably as possible (as though you were present and bidding for yourself). AHP assumes no responsibility for failure to execute these bids for any reason whatsoever.

Unless otherwise agreed, full payment is due and payable by five (5) business days after the auction sale. Payment for purchases may be made in (a) cash, (b) cashiers check or money order, (c) Visa, MasterCard or American Express.

We reserve the right to withdraw any property at any time before the actual sale.

We reserve the right to reject a bid from any bidder. In the event of any dispute between bidders, or in the event the auctioneer doubts the validity of any bid, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sales records shall be conclusive in all respects.

If we are prevented by fire, theft or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid by the purchaser and shall in no event include any incidental or consequential damages.

All descriptions of the artwork and statements contained in the catalog are statements of opinion and not representations or warranties. UCSF AIDS Health Project makes no representation or warranty, oral or written, with respect to any property. No employee or volunteer of the UCSF AIDS Health Project is authorized to make any representation or warranty, oral or written, with respect to any property.

All paid for property shall be removed from our premises at the purchasers expense not later than 5:00 PM ten (10) business days following the date of the sale. If not so removed, we may transfer the property to a public warehouse at the purchasers risk and expense. Packing and handling of purchased lots is the responsibility of the purchaser. UCSF AIDS Health Project can provide packing and shipping services as noted below.

No waiver, amendment or modification of the terms hereof (other than posted notices or oral announcements during the sale) shall bind us unless specifically stated in writing and signed by us. If any part of these Conditions of Sale is for any reason invalid or unenforceable, the rest shall remain valid and enforceable.

These Conditions of Sale for the purchaser and our respective rights and obligations hereunder are governed by the laws of the state of California. By bidding at an auction, the buyer or bidder agrees to be bound by these Conditions of Sale.

Limitation of Liability

Except as expressly provided above, all property is sold ?AS IS.? UCSF AIDS Health Project makes no representation or warranty, express or implied, as to the title, merchantability, fitness or condition of the property or as to the correctness of description, genuineness, attribution, provenance or period of the property or as to whether the purchaser acquires any copyrights or other intellectual property rights in lots sold or as to whether a work of art is subject to the artists moral rights or other residual rights of the artist. The purchaser expressly acknowledges and agrees that in no event shall UCSF AIDS Health Project be liable for any damages including, without limitation, any compensatory, incidental or consequential damages.

The AIDS Health Project is proud to announce our new Registration procedure, which will speed up your Cashing Out experience. We now accept credit cards upon your arrival at Art for AIDS.

Our trusted staff will imprint your credit card, and present you with your unique bidding number and event catalog. Your credit card will not be processed / charged unless you are the Winning Bidder in the silent or live auctions! The imprinted credit card slip will be properly disposed of if a purchase is not made.

Should you have any questions / considerations, please contact Derek Ngin at 415-502-7276 or email Derek at derek.ngin@ucsf.edu.

Estimated Value

We furnish estimates for all lots. These are based on the artists estimated value, and should not be interpreted as a price. Bidding normally begins at about one-third to one-half the estimate but the final bid price may well be less than or more than any estimate printed.