1. Introduction

The Auction will create an absolute contract between Gallery Jamel and the successful buyer of a painting at the auction. All sales are final. Exhibit is open through December 21, 2007.

2. Common Terms

Bidder – Any person considering, making or attempting to make a bid, by whatever means, and includes Buyers;
Buyer – The person who, during the Live Auction on December 7, 2007, makes the highest bid or offer accepted by the auctioneer, and includes such person’s principal when bidding as agent; Or, in the case of Internet bidding, the person who has made the highest bid by the deadline of Wednesday, December 5, 2007 at 11:00pm EST;
Buyer's Expenses - Shipping / Handling;
Hammer Price – The highest bid accepted by the auctioneer by the fall of the hammer, or in the case of a post-auction sale, the agreed sale price;
Purchase Price – The Hammer Price;
Reserve – The (confidential) minimum Hammer Price at which the Seller has agreed to sell a painting;
Bidding Increment - The minimum amount by which the bidder may increase a bid;
Minimum Starting Bid - The minimum price at which the Seller has agreed to begin the bidding process for a given painting.

3. Bidding On-line and at Auction

(a)     Bidders must complete an Auction Registration Form. This registration can be accomplished by e-mail, telephone, first class mail, Fax, or in person. The bidder must supply such information and references as required by Gallery Jamel. Bidders act as principal unless they have Gallery Jamel’s prior written consent to bid as agent for another party. Bidders are personally liable for their bid and are jointly and severally liable with their principal if bidding as agent.

(b)     Written and telephone bids are offered as an additional service at the Bidder’s risk and shall be undertaken with reasonable care subject to Gallery Jamel’s other commitments at the time of the auction. Gallery Jamel therefore cannot accept liability for failure to place such bids save where such failure is unreasonable. Telephone bids may be recorded.

(c)     If an Absentee bidder decides to bid during the live auction, the bidder will give Gallery Jamel a telephone number where he/she can be reached the night of December 7, 2007. The bidder and Gallery Jamel will discuss in advance the approximate time, according to the auction schedule, that the item that he/she wishes to bid on will be available and agents of Gallery Jamel will call that bidder in order that he/she can participate in the live auction.

4. Conduct of Auction

(a) The auction will be conducted in three (3) separate parts. There will be an Internet/ Silent auction, a Live auction and Paintings for Sale on a first come, first served basis on the night of the auction.

(b) The Internet/Silent auction bids can be made once you have a Registration Number. Bidders will click on the image of the painting(s) they are interested in bidding on, fill in the requested bid information, to include the amount of the bid in the appropriate bidding increment, and submit. The bidding for the Internet/Silent Auction will end on Wednesday, December 5, 2007 at 11:00 p.m. EST. The highest bid at that time will be the winning bid.

(c) The Live auction will take place at Gallery Jamel on the evening of Friday, December 7, 2007. Absentee bidders may submit to Gallery Jamel a maximum bid and Gallery Jamel will endeavor to purchase the painting(s) at the lowest amount within the bidder’s maximum amount. Gallery Jamel will bid in increments as the bidding increases for each painting. Once the maximum amount supplied to Gallery Jamel by the bidder is exhausted, Gallery Jamel will no longer bid on that item on behalf of the bidder. Absentee bidding for the Live auction will close on Friday, December 7, 2007 at 4:00 p.m. EST.

(d) The Paintings for Sale on the night of the auction will reflect the price for that painting and will be sold on a first come first served basis. No painting will be sold before the show begins. However, bidders may instruct Gallery Jamel (their agent) any time hereafter to purchase a painting twenty (20) minutes after the show begins and any time thereafter according to the following guidelines:

• Buyers who attend the show will have priority over absentee buyers.
• If, by 7:20, more than one person attending the show has expressed the desire to purchase the same painting, those persons' names will be entered into a draw. The name will be drawn by 7:30, and that person will have first right of refusal.
• If no buyer in attendance expresses an interest in a painting, the same will apply to multiple absentee buyers interested in the same painting.

(e) If for any reason there are two absentee bids for exactly the same price for the same item, Gallery Jamel will notify both bidders before the auction to let them know of this fact.

(f) Unless otherwise specified, all paintings are offered subject to a Reserve, which shall be no higher than the low presale estimate at the time of the auction.

(g) During the Live Auction the auctioneer will commence and advance the bidding at levels and in increments he considers appropriate and is entitled to place a bid or series of bids on behalf of the Seller up to the Reserve on the lot, without indicating he is doing so and whether or not other bids are placed.

(h) Any post-auction sale of paintings offered at auction shall incorporate these Conditions as if sold in the auction.

5. Payment and Collection

(a) Unless otherwise agreed, payment of the Purchase Price for a painting and any Buyer’s Expenses are due by the Buyer in US dollars immediately on conclusion of the auction (the “Due Date”) notwithstanding any requirements for export, import or other permits for such painting.

(b) Title of a purchased painting will not pass until Gallery Jamel has received the Purchase Price in cleared funds.

(c) The Buyer is obliged to arrange collection of purchased paintings within five (5) days of the funds clearing. Gallery Jamel will notify the Buyer when the clearance of funds has occurred. Purchased paintings are at the Buyer’s risk (and therefore his/her sole responsibility for insurance) from the earliest of i) collection or ii) five days after the clearance of funds.

(d) Payment may be made by check or credit card. Due to security concerns for registration of credit card information on-line, Gallery Jamel will take said credit information by telephone.

6. Remedies for Non-Payment

Without prejudice to any rights the Seller may have, if the Buyer without prior agreement fails to make payment for a painting within five days of the auction, Gallery Jamel may in its sole discretion (having informed the Buyer) exercise one or more of the following remedies:
(a) Cancel the sale of the painting;
(b) Set off any amounts owed to the Seller;
(c) Resell the painting by auction or private sale, with estimates and reserves at Gallery Jamel’s discretion. In the event such resale is for less than the Purchase Price and Buyer’s Expenses for that painting, the Buyer will remain liable for the shortfall together with all costs incurred in such resale; or
(d) Commence legal proceedings to recover the Purchase Price and Buyer’s Expenses for that painting, together with interest and the costs of such proceedings on a full indemnity basis.

7. Failure to Collect Purchases

If the Buyer pays the Purchase Price and Buyer’s Expenses but fails to collect a purchased painting within fourteen (14) calendar days of the clearance of funds, the painting will be stored at the Buyer’s expense (and risk) at Gallery Jamel or with a third party.

8. Law and Jurisdiction

Governing Law These Conditions of Business and all aspects of all matters, transactions or disputes to which they relate or apply shall be governed by and interpreted in accordance with Maryland law.

Service of Process – All Bidders and Sellers irrevocably consent to service of process or any other documents in connection with proceedings in any court by facsimile transmission, personal service, delivery by mail or in any other manner permitted by US law, the law of the place of service or the law of the jurisdiction where proceedings are instituted, at the last address of the Buyer or Seller known to Gallery Jamel or any other usual address.