Seller’s Warranty and Indemnification

This form is used by Center of Southwest Studies staff to document accessions purchased from a dealer, for the seller to warrant that work(s) of art is/are authentic and of the period indicated on the bill of sale.

I hereby affirm that the artifacts(s)/work(s) of art described as follows:

and in the attached bill of sale dated _______________ is being sold by me to the Center of Southwest Studies, Fort Lewis College (“the Center”).  I warrant that such work of art is authentic and of the period indicated above and on the bill of sale.  I further warrant that such artifact(s)/work(s) of art is (are) free and clear of all liens, claims and encumbrances, that its exportation from any foreign country has been in conformity with the laws of such country, that its importation to the United States has been or will be in conformity with the laws of the United States, that its acquisition did not violate any federal or state laws (including but not limited to the Antiquities Act of 1906 and the Archaeological Resources Protection Act of 1979), that I have the right and title to sell such artifact(s)/work(s) of art and that in so doing I hereby transfer to the Museum full legal and equitable title to such artifact(s)/work(s) of art.  I understand that these warranties shall survive the sale contemplated hereby.

I agree to indemnify the Center for any legal fees incurred by it which arise, result from or relate to any breach of the above warranties or a good faith challenge of the Museum’s title to all or any part of said artifact(s)/work(s) of art or its right to the use and enjoyment of said artifact(s)/work(s).

I further agree that the Center shall be entitled to receive a full refund for the artifact(s)/work(s) of art in the event of any breach of the above warranties which results in the surrender of said artifact(s)/work(s) of art by the Center.

Agreed to by: _______________________________________________________
                        (Name of seller)

Page last modified: December 12, 2001