Bids may be made in person at the MCASD Art Auction on Wednesday, April 9, 2008. For those unable to attend, there are two options to make absentee bids: either by proxy with the Absentee Bid Sheet, or participate remotely in the Auction with live telephone bidding.

For anyone unable to attend the Art Auction, bids may be made in advance by proxy.
Click here to download an Absentee Bid Sheet. Simply indicate the lot numbers and your maximum bid, fill in all blank fields, and return via fax to Jenna Siman at 858 454 6985. To ensure adequate processing time, please return advance bid forms by Tuesday, April 8, 2008 at 5:00pm.

Bidders unable to attend in person may also participate in live telephone bidding the night of the auction. Simply contact the Museum by Tuesday, April 8 at 858 454 3541 x170 and a phone number will be given to you which will directly feed to a MCASD staff member. The MCASD staff contact will provide live updates of the status of requested lots and will place bids on your behalf.

LIVE AUCTION

• An individual or couple must register at the Auction Registration Desk and receive an official bidding paddle in order to be eligible to bid on an item.
• To enter a bid, the bidder raises his or her paddle and directs it to the Auctioneer. Bids should be made promptly.
• The highest bidder acknowledged by the Auctioneer shall be the purchaser. In case of any dispute between bidders, the Auctioneer shall have the sole and final discretion.
• Artwork offered in the Live Auction bears a published Price Range. There may also be an unpublished Reserve price below which the item will not be sold.

SILENT AUCTION:

• An individual must bid for silent auction items by indicating their paddle number and signing their name and bid amount on the forms provided. Please observe the minimum bid requirement noted for each item as well as the incremental bid requirement. The Silent Auction will be arranged in several areas of the Museum and will close sequentially, at times to be announced at the Auction. Fair warning will be given for each Silent Auction closing.

TAXABLE SALES
Tax Applicability: On the date of sale, purchasers shall be required to pay all applicable state and local retail sales taxes. The California sales tax of 7.75% shall apply to the full purchase price of all art auction items.

PARTICIPATION AGREEMENT
By participating in the MCASD 2008 Auction, each bidder recognizes and agrees that:

• The highest bidder shall be the successful purchaser.
• Every effort has been made to describe auction items accurately, but all items are sold “as is” and without warranty or representation of any kind as to the correctness of the description, authenticity, value, or fitness of items.
• Neither the Museum of Contemporary Art San Diego, nor Sotheby’s, is liable for any occurrence resulting from the use of auctioned items or services.
• All sales are final. Refunds or exchanges are not allowed.
• All items must be paid for immediately after the auction. Payment may be by cash, check, or credit card (VISA, MasterCard, American Express accepted). Checks should be made payable to the Museum of Contemporary Art San Diego.

PAYMENT & COLLECTION OF ARTWORKS

• Payment for all auction items must be made at the payment desk on the evening of the auction.
• Full payment must be made before any lot is removed from the Museum premises.
• Successful bidders shall make every effort to remove their winning lot at the end of the evening. If an artwork is too large, arrangements may be made with the Museum Registrar for delivery, within a reasonable distance, or other arrangements may be made with a professional art mover.

CONDITIONS OF SALE
The property offered in this sale will be offered and sold by the Museum of Contemporary Art San Diego (MCASD). Any questions should be directed to MCASD and not to Sotheby’s, which serves merely as auctioneer for MCASD in conducting the auction sale and participates on the following terms and conditions, as amended by any posted notices or oral announcements during the sale, which govern the sale of all the property offered at the auction:

1. (a) Neither Sotheby’s nor MCASD assume any risk, liability, or responsibility for the authenticity of the authorship of any property offered at this auction(that is, the identity of the creator or the period, culture, source, or origin, as the case may be, with which the creation of any property is identified.)
   
   (b) ALL PROPERTY IS SOLD “AS IS” AND NETIHER SOTHEBY’S NOR MCASD MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PORPERTY, AND IN NO EVENT SHALL EITHER OF THEM BE RESPONSIBLE FOR THE CORRECTNESS OF ANY CATALOGUE OR NOTICES OR DESCRIPTIONS OF PROPERTY, NOR BE DEEMED TO HAVE MADE ANY REPRESENTATIONS OR WARRANTY OF OHYSICAL CONDITION, SIZE, QUALITY, RARITY, IMPROTANCE, GENUINENESS, ATTRIBUTION, AUTHENTICITY, PROVENANCE, OR HISTORICAL RELEVANCE OF THE PROPERTY.
   
   No statement in any catalogue, notice, or description made at the sale, in any bill of sale invoice or elsewhere, shall be deemed such a representation or warranty or any assumption of liability. Neither Sotheby’s nor MCASD makes any representation or warranty, expressed or implied, as to whether the purchaser acquires any reproduction rights in the property. Prospective bidders should inspect the property before bidding to determine its condition, size, and whether or not it has been repaired or restored.
   
   
2. Any property may be withdrawn by Sotheby’s or MCASD at any time before the actual sale without any liability.
3. Sotheby’s and MCASD reserve the right to reject a bid from any bidder. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, 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, MCASD’s sale records shall be conclusive at all times.
4. If the auctioneer determines that any opening bid is not commensurate with the value of the article offered, he may reject the same and withdraw the article from sale, and if, having acknowledges an opening bid, he decided that any advance thereafter is insufficient, he may reject the advance.
5. On the fall of the auctioneer’s hammer, the highest bidder shall be deemed to have purchased the offered lot subject to all of the conditions set forth herein and thereupon (a) assumes the risk and responsibility thereof (including without limitation damage to frames or glass the covering prints), (b) will sign a confirmation of purchase thereof and (c) will pay the full purchase price therefore or such part as MCASD may require. All property shall be removed from MCASD’s premises by the purchaser at his/her expense no later than five (5) business days following the sale and, if not so removed, will be sent by MCASD at the expense of the purchaser to a public warehouse for the account, risk and expense of the purchaser and such added charges will then be added to the purchase price of the object. If the foregoing conditions and other applicable conditions are not complied with, in addition to other remedies available to MCASD by law, including, without limitation, the right to hold the purchaser liable for the bid price, MCAD at their option, may either (a) cancel the sale, or (b) resell the property on three days notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for payment of any deficiency, all other charged due hereunder and incidental damages. MCASD shall have the rights afforded a secured party under the California Commercial Code with respect to such property, and MCASD may apply against such obligations all monies or other property help or received by MCASD for the account of, or due from them to, such purchaser.
6. Payment should be made payable to MCASD. MCASD may give the donor of the work and/or the artist who created it the name and address of the final purchaser.
7. Unless exempted by lay, the purchaser will be required to ay the California state and local sales tax or any applicable compensating use tax of another state on the total purchase price.
8. MCASD is not responsible for the acts or omissions of carriers or packers of purchased lots, whether or not recommended by them. Packing and handling of purchased lots by MCASD is at the entire risk of the purchaser. In no event will MCASD’s liability to a purchaser exceed the purchase price actually paid.
9. The Conditions of Sale as well as the purchaser’s and Sotheby’s and MCASD’s respective rights and obligations hereunder shall be governed by and construed and enforced in accordance with the laws of the State of California. By bidding at an auction, whether present in person or by an agent, order bid, or other means, the purchaser shall be deemed to have consented to the jurisdiction of the state and federal courts of the State of California.
10. In the case of order bids or bids transmitted by telephone, Sotheby’s and MCASD are not responsible for any errors or omissions in connection with such bids.
11. All lots are offered for sale subject to a reserve, which is the confidential minimum price below which such lot will not be sold. Sotheby’s may implement such reserve by bidding up to the reserve on behalf of MCASD.