CONDITIONS OF SALE

The lots listed in this catalogue are offered by PRIMITIVE, Inc. for the benefit of the Arts & Business Council of Chicago (A&BC) subject to the following terms and conditions. By bidding at auction you agree to be bound by these Conditions of Sale.

BEFORE THE SALE

Prospective buyers are strongly advised to personally examine any property in which they are interested before the auction takes place. All lots are sold "AS IS" and without recourse and neither PRIMITIVE, Inc. nor A&BC makes any warranties or representations, express or implied with respect to such lots. Neither PRIMITIVE, Inc. nor A&BC makes any express or implied warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. No statement, whether written or oral, and whether made in the catalogue, or in supplements to the catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. PRIMITIVE, Inc. and A&BC make no warranty or representation, express or implied that the purchaser will acquire any copyright or reproduction rights to any lot sold. PRIMITIVE, Inc. expressly reserves the right to reproduce any image of the lots sold in the catalogue.

BUY-IT-NOW ITEMS

A select group of lots are being made available for purchase before the live auction takes place February 25, 2011. All purchasers of Buy-It-Now items must register online before they can complete the purchase. The credit card designated at the time of registration will be charged the Buy-It-Now price including sales tax, if applicable. The "Buy-It-Now" price does not include shipping or delivery. Buy-It-Now items are intermittently placed throughout the auction catalogue. Any unsold Buy-It-Now item will enter the regular auction on February 25, 2011 and be subject to the starting bid listed in the catalogue.

AT THE SALE

Registration before Bidding - All prospective buyers must complete and sign a registration form and provide identification and payment information before bidding.

Bidding In Person - When making a bid, a bidder is accepting personal liability to pay the purchase price, all applicable taxes and all other applicable charges, unless it has been explicitly agreed upon in writing with PRIMITIVE, Inc. before the commencement of the sale that there will be an exception to this rule.

Online Bids - If bidding online, the highest online bid will be the starting bid at the physical auction. We will use every reasonable effort to carry out online bids made prior to the physical sale for the convenience of bidders who cannot present at the auction in person. Bids must be placed in U.S. dollars. If we receive online bids on a particular lot for identical amounts, and these are the highest bids on the lot at the auction, it will be sold to the person whose online bid was received first. Execution of online bids is a free service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute an online bid or for errors and omissions in connection with the online bid. Neither PRIMITIVE, Inc. nor A&BC accepts liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online bids.

Starting Bids - All lots in the sale are subject to a starting bid which is the minimum price below which such lot will not be sold. The starting bid will not exceed the low estimate of the lot. Starting bids are at the absolute discretion of PRIMITIVE, Inc. The auctioneer may open the bidding on any lot below the starting bid, but this does not imply that the lot will be sold if the starting bid amount is not reached. Generally, the auctioneer will open the bidding at the starting bid. In the absence of a bid at that level, the auctioneer may proceed backwards at his or her discretion until a bid is recognized, and then continue up from that amount.

Auctioneer’s Discretion - The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide, to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute. If any dispute arises after the sale, the sale record of PRIMITIVE, Inc. is conclusive.

Successful Bid - The highest bidder acknowledged by the auctioneer will be the purchaser. In the case of a tie bid, the winning bidder will determined by the auctioneer at his or her sole discretion. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder or to reoffer the lot in dispute. If any dispute arises after the sale, the PRIMITIVE, Inc. sale record shall be conclusive. Title passes upon the fall of the auctioneer’s hammer to the highest acknowledged bidder subject to the Conditions of Sale set forth herein, and the bidder assumes full risk and responsibility.

Refusal of Admission - PRIMITIVE, Inc. has the right, at our complete discretion, to refuse admission to the premises or participation in the auction and to reject any bid.

AFTER THE SALE

Payment Night of Event - There is no buyer’s premium attached to this auction. The buyer must pay the entire amount due (including the hammer price, applicable taxes and other charges, if necessary) no later than 5 p.m. on the fifth (5) business day following the sale. Payment in U.S. dollars may be made with cash; credit card; bank check or cashier’s check drawn on a U.S. bank; money order; or wire transfer unless other arrangements are made with PRIMITIVE, Inc. PRIMITIVE, Inc. reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay PRIMITIVE, Inc. a handling charge of $50 for any check dishonored by the drawee.

Payment Online -

Collecting Purchases - Purchased lots must be collected within seven (5) business days from the date of the sale.

Packing and Shipping - If your bid is successful, we can provide you with a list of shippers. We will not be responsible for the acts or omissions of carriers or packers whether or not recommended by us. Property will not be released to the shipper without the buyer’s written consent and until payment has been made in full. Packing and handling of purchased lots by us is at the entire risk of the purchaser, and PRIMITIVE, Inc. will have no liability of any loss or damage to such items.

Non Payment - If PRIMITIVE, Inc. does not receive payment in full within five (5) business days following the sale, we are entitled in our absolute discretion to exercise one or more of the following measures, in addition to any additional actions available to us by law: a) to impose a late charge of one and a half percent (1.5%) per thirty (30) days of the total purchase price; b) to hold the defaulting buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law; c) to cancel the sale; d) to resell the property publicly or privately with such terms as we find appropriate with the purchaser liable for any deficiency, cost, including handling charges, the expenses of both sales, and all other charges due hereunder and incidental damages. At our option, payment will not be deemed to have been made in full until we have collected funds sufficient to offset against any amount owed.

Failure to Collect Purchases - If property is not picked up within five (5) business days following the sale, whether or not payment has been made, PRIMITIVE, Inc. reserves the right to charge $5 per lot per day or to deliver said property to a public warehouse for storage at the purchaser’s expense. PRIMITIVE, Inc. shall have no liability for any damage to property left on its premises for more than five (5) business days following the sale. For property that is not picked up after thirty (30) calendar days, an additional administration fee of $100 will be charged. Property which is paid for but left on our premises for any reason in excess of sixty (60) calendar days may be sold by us with the balance of any funds recovered in excess of storage charges and any other fees being remitted to the purchaser.

LIABILITY

Lot Reports - PRIMITIVE, Inc. is not responsible for the correctness of any statement of any 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. The officers, directors, employees or agents of PRIMITIVE, Inc. and A&BC do not 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.

Purchased Lots - If for any reason a purchased lot cannot be delivered in the same condition as at the time of sale, or should any purchased lot be stolen, wrongly delivered or lost prior to delivery, PRIMITIVE, Inc. shall not be liable for any amount in excess of that paid by the purchaser.

Legal Ramifications - 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 Illinois. If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law.