Lot # : 147 - WINSLOW HOMER (1836 – 1910) "UNDERTOW"

Carlu Auctions, LLC TERMS AND CONDITIONS: The below listed "Terms and Conditions" are the complete and only understanding on which property in any auction is sold. 1. CAVEAT EMPTOR: The property purchased at Carlu is sold "AS IS" without any representations or warranties, express or implied, by Carlu or its consignor(s) as to the merchantability, fitness for a particular purpose, or description of any property. Any condition statement is given as a courtesy to the client, is only an opinion and should not be treated as a statement of fact. Carlu shall have no responsibility for any error or omission. The buyer should assume all items are not free from wear and tear, imperfections or the effects of aging. All prospective buyers are strongly advised to examine any property in which they are interested in before the auction takes place. All items are available for viewing during auction preview hours at the 326 Munson Avenue McKees Rocks, PA 15136. 2. BUYER PREMIUM, SHIPPING, SALES TAX: a charge of 20% for payment by cash or check and 23% for credit card payment will be added to the final bid price and is payable by the buyer, as well as Pennsylvania sales tax (7%), unless the property is being shipped to a state other than Pennsylvania, or the property is purchased for resale under a proper State resale number, or other legal exemption. Property that is picked up in person is subject to PA State sales tax. 3. PAYMENTS: Please pay your auction invoice within 7 days of the auctions close. We accept Visa, MasterCard, Discover, Money Orders, cash, bank or certified checks, wired funds, or personal checks. In Carlu's sole discretion, a sale may be nullified if payment is not received from the buyer within 15 days of the auction close. 3b. Credit Card Use: Each bidder agrees to NOT, under any circumstances, initiate a credit card chargeback with respect to any charges. Each bidder further agrees that if, in violation of these terms and conditions, a credit card chargeback is initiated by the bidder, these terms and conditions shall be conclusive evidence of the bidder's agreement to not initiate a credit card chargeback, and waiver of any rights to initiate a credit card chargeback. Each bidder acknowledges and agrees that on the auctioneer's presentation of these bidder terms and conditions to the bank, credit card company, or other financial institution that issued the credit card on which the disputed charges were made, such bank, credit card company, or other financial institution shall deny any credit chargeback and shall re-credit all amounts to the account of the auctioneer. If a bidder initiates a credit card chargeback, such bidder, even if successful, shall remain liable for all purchases made at the auction and shall be responsible for all costs and expenses, including any attorneys' fees, storage fees, packaging and handling fees, transportation fees, and/or disposal fees, ect., incurred by or on behalf of the auctioneer, seller, licensee, employees, and/or agents in challenging the credit card chargeback. Each bidder agrees that the agreement to not initiate a credit card chargeback is a condition to the issuance of a bidder number and/or approval to bid to the bidder and is being made as an inducement for the auctioneer to accept the bidder's registration and to issue a bidder number. Bidder agrees to provide a current and valid credit card with sufficient credit limit or funds to cover any and all bids placed by the bidder, and to allow the auctioneer access to credit card information to secure the bid and charge the bidders card if needed. 4. RESERVES: under Pennsylvania law, unless expressly stated otherwise, all property in an auction is considered subject to a reserve (a confidential amount below which an item will not be sold). Buyers should assume that all property in Carlu auctions are reserved. Carlu reserves the right to bid on behalf of its consignors up to, but not more than, the reserve to protect against selling at a price below the reserve. This will be accomplished as necessary by Carlu placing successive bids, or bids in response to buyers' bids. 5. MISCELLANEOUS: (a) all measurements and weights are approximate, (b) Carlu does not provide shipping services, buyers are responsible for shipping arrangements, and any/all shipping charges are the responsibility of the buyer (c) Carlu, in its sole discretion, reserves the right to refuse a bid or withdraw property for any reason prior to the final auction close, (d) Carlu will decide any bidding disputes, (e) Carlu will not be responsible for computer breakdowns, viruses, interruptions, or programming errors, (f) if purchased property cannot be provided by Carlu for any reason, the sale shall be deemed cancelled without any liability to Carlu. (g) Under no circumstance will Carlu's liability exceed the purchase price of an item. (h) at our discretion we will execute absentee bids or accept telephone bids as a convenience to clients who are not present at auctions, we are not responsible for any errors or omission in connection therewith. (i) Legal matters will be governed under Pennsylvania law. 6. BUYER'S OBLIGATIONS: (a) Pay promptly in good funds, (b) buyer pays for and arranges all shipping, insurance and packing costs, (c) buyer must remove or cause property to be shipped from Carlu's premises within 30 days of the auction close. (d) Any property left at Carlu after 30 days of the auction's close will be deemed Abandoned and become the property of Carlu Auctions's. (d) promptly advise Carlu of any problems. 7. Personal Property & Risk: Persons attending during inspection and/or removal of items and lots, assumes all risk of damage of/or loss to person and property and specifically assumes all risks by reason of any defect in or condition of the premises on which the inspection and/or removal is held. Auctioneers, licensees, sellers, employees, and/or agents are not responsible for accidents or theft, personal or physical, on the premises or in coming or going, to and from inspection and/or removal. All persons in attendance during inspection and/or removal shall exercise proper precautions at all times for the protection of persons and property and shall comply with all safety and health requirements as directed by the auctioneers, sellers, licensees, employees, agents, as well as federal state and local regulations. Buyer specifically releases auction company, auctioneer, licensees, sellers, employees, and agents from any and all liability thereof. 7. SHIPPING INFORMATION: Buyer must pay for and make shipping arrangements. As a service to our customers, Carlu offers several shipping company suggestions. Carlu makes no guarantee of any services provided by the suggested shippers. The buyer is free to contact any shipping company they wish, and shippers are not limited to those suggested by Carlu. 8. BIDDING INCREMENTS: unless otherwise indicated by the auctioneer, the following bid increments will be used. $ VALUE INCREMENT 0 TO 49 5, 50 TO 199 10, 200 TO 499 25, 500 TO 999 50, 1000 TO 1,999 100, 2000 TO 4,999 250, 5000 TO 9,999 500, 10000 TO 19,999 1000, 20000 TO 49,999 2500, 50000 TO 999,999 5000, 100,000 TO 249,999 10,000, 250,000 TO 9,999,999 25,000. Carlu Auctions LLC,326 Munson Avenue, McKees Rocks, PA 15136 Phone +1 412.328-2075, admin@carluauctions.com PA Lic. #AY002460 Privacy Statement Carlu considers the privacy and protection of its clients' personal data to be of utmost importance. To ensure that you feel confident about providing us with your personal information when communicating with us and using our services, we outline below our practices in relation to the collection and use of personal data. Changes may be made at any time. Purposes Carlu will collect, record, store and use your personal data but only to enable you to consign or purchase property or services and, to advise you of forthcoming sales, events and services. Privacy We will not share your Personal Data with anyone outside the Carlu Auctions. Security Any personal data you provide to us is securely stored in a database held by Carlu to which only authorized Carlu employees have access. We have in place administrative measures to ensure that the access which Carlu employees have to personal data on our server is limited to the extent necessary in order to perform their functions. The server holding your personal data is protected against both unauthorized physical and electronic access. These measures include an electronic firewall and various other protection measures that involve virus scanning, installation of security patches, vulnerability testing, backup and recovery planning, employee training, security audits and other steps designed to constantly improve the data protection posture. Email In order to provide you with timely notice about upcoming auctions and events, Carlu may send you email notices based on your expressed interests. At the bottom of each email you will be provided with the option to unsubscribe from future mailings.