CONDITIONS OF SALE AND LIMITED WARRANTY
Each lot in this
catalogue is subject to the following Terms and Conditions of Sale, as
supplemented in writing or otherwise by Martin Gordon Auctions, LLC (MGA) prior
to the sale. By registering to bid at the auction, or by placing a bid by any
means, you agree to these Terms and Conditions of Sale. "We,"
"us," "our," "Martin Gordon," "MGA,"
and all other similar terms refer to Martin Gordon Auctions and its agents;
"you," "your," "buyer," or similar terms refer to
a person bidding on or buying property.
Terms and
Conditions of Sale
MGA conducts
business as an auctioneer commission-agent in its own name on behalf of its
voluntary consignors and from time to time on its own behalf.
Description
and Condition of Lots
All objects put
up for auction can be viewed and examined prior to the sale by appointment.
Catalogue descriptions are made with as much care as possible, but the
descriptions do not fall under the statutory paragraph for guaranteed legal
characteristics. Solely as a convenience, MGA may provide condition reports.
Many items are of an age or nature that precludes their being in perfect
condition. Some descriptions in the catalogue are given by way of a condition
report (made either orally or in writing), which makes reference to damage
and/or restoration. We provide this information for guidance only and the
absence of such a reference does not imply that an item is free from defects or
restoration, nor does a reference to particular defects imply the absence of
any others.
MGA is not liable
for any defects. In the case of a justified claim, however, we will accept the
responsibility to make a claim for restitution on behalf of the buyer against
the consignor within a period of 12 months, running from the fall of the
hammer. In the event of a successful claim, MGA will refund the hammer price
plus premium.
Any
representation or statement by MGA in any catalogue, brochure or advertisement
of forthcoming sales as to authorship, attribution, genuineness, origin, date,
age, provenance, condition or estimated selling price is a statement of opinion
only. Every person interested should exercise his own judgment as to such
matters, and neither MGA nor any of its agents are responsible for the
correctness of such opinions. Except as stated under "Limited
Warranty" in the paragraph below, all property is sold "as is,"
with no representation or warranty of any kind from MGA or the consignor.
Buyers are advised to personally examine any property on which they intend to bid
prior to the auction. All dimensions are approximate. The condition of frames
is not guaranteed.
Except as noted
in this paragraph, all lots in the sale are offered for the account of a third
party, without any interest (direct or indirect) of the auctioneer or MGA.
Where MGA or an affiliate of MGA is the sole or partial owner of the property,
there is no symbol next to the lot description. Where the lot is offered for
the account of a third party, it is noted by the symbol next to the description
of that lot. Under no circumstance will the Consignor receive any rebate
commission. Under no circumstance may the Consignor bid upon or buy back his
property.
Condition
Reports
All lots are sold
AS IS and there will be NO RETURNS BASED ON CONDITION. Catalogue
descriptions are composed with as much care as possible, but are OPINION
ONLY, and do not fall under any statutory paragraph for guaranteed legal
characteristics. Prospective buyers or their agents are advised to personally
examine any property on which they intend to bid prior to the auction.
Many items are of
considerable age and will exhibit wear, usage and damage often NOT LISTED IN
THE CATALOGUE ENTRY. Some descriptions in the catalogue refer to specific
damage and/or restoration. We provide this information for guidance only,
without legal obligation, and the absence of condition remarks in the catalogue
DOES NOT mean the item is in perfect condition. We recommend that every
interested party exercise the best judgment possible based on direct physical
examination of the property, as there are ABSOLUTELY NO RETURNS BASED ON
CONDITION.
Bidding at
Auction
All prospective
bidders are required to register with MGA in advance of the sale. We may
require photo identification and bank references for registration. By bidding
at the auction, a buyer assumes personal responsibility to pay the purchase
price bid, plus the buyer's premium and any additional charges that become due
and payable in connection with the purchase of property.
On the fall of
the auctioneer's hammer, title to the offered lot will pass to the acknowledged
bidder. At that time, the buyer assumes all risk of loss and damage to the
property, and in addition any obligations, costs and expenses relating to the
handling, shipping, insurance, tax, and export of property. The highest bidder
acknowledged by the auctioneer shall be deemed the buyer. The successful buyer
is obliged to accept and pay for the lot. Ownership only passes to the buyer
when full payment has been received. The buyer, however, immediately assumes
all risks when the goods are knocked down to him. In case of identical bids,
determination of the winning bidder shall be left to the sole discretion of
MGA.
MGA has the
right, in its absolute discretion, to determine the conduct of the sale as it
sees fit. It reserves the right to advance bidding, to reject bids, to combine
lots, to split lots, to re-offer and resell lots, and to withdraw lots before
the actual final sale. In any such case, the judgment of MGA is final, and
shall be binding upon all participants.
In the case of a
written bid, the bidder commissions MGA to place bids on his behalf during the
auction. In cases where there is a discrepancy between number and title in a
written bid, the number shall prevail. We assume no responsibility for failure
to execute any such bid, or for errors or omissions made in connection with the
execution of any such bid. If requested prior to the sale, we will use
reasonable efforts to contact the buyer by telephone to conduct a phone bid on
the day of the sale, but we assume no responsibility for errors or omissions
made in connection with any such arrangement. As a convenience to buyers who
cannot be present on the day of the sale, we will use reasonable efforts to
execute, on a competitive basis, bids left with us via the Internet, whether by
absentee or a live bidding program. We assume no responsibility for failure to
execute any such bid, or for errors or omissions made in connection with the
execution of any such bid.
All lots may be
offered subject to reserve, which is the confidential minimum price below which
the lot will not be sold. MGA may open the bidding on any lot below the reserve
by placing a bid on behalf of the seller. MGA may continue to bid on behalf of
the seller up to the amount of the reserve, either by placing consecutive bids
or by placing bids in response to other bidders.
The estimates
provided are intended as a guide to bidding. The figures are educated guesses,
based on recent values. A bid between the listed figures would, in our opinion,
have a chance of success (at the time that the catalogue was prepared). The
estimates are exclusive of the buyer's premium, and may be revised at any time
prior to the auction.
Buyers are
advised that there may be additional terms and conditions governing the use of
Internet bidding services including, but not limited to, those providing for
additional charges and fees relating to the execution of such bids. Buyers are
therefore advised to familiarize themselves with any such terms and conditions
prior to utilizing any Internet bidding service.
The sale
generally will be conducted in the following increments:
From $0 to $99 =
$10 increment
From $100 to $499
= $25 increment
From $500 to $999
= $50 increment
From $1,000 to
2,499 = $100 increment
From $2,500 to
$4,999 = $250 increment
From $5,000 to
$9,999 = $500 increment
From $10,000 and
above = $1,000 increment or auctioneer's discretion
Payment
Upon the fall of
the auctioneer's hammer, the buyer assumes all risk of loss and damage to the
property, and in addition any obligations, costs, and expenses relating to the
handling, shipping, insurance, tax, export, and storage of property. A buyer's
premium of 20% on the hammer price and 22 1/2% on purchases made via the
Internet will be paid by the purchaser. All purchases will be subject to state
sales tax unless the buyer has provided us with a valid certificate of
exemption from such tax.
Buyers are
required to pay for purchases immediately following the auction unless other
arrangements have been made in advance of the auction. Payments must be made in
US Dollars, in any of the following acceptable forms of payment:
-Cash (In House
Only)
-Personal(In
House Only) or corporate checks with acceptable identification
-Visa, MasterCard,
or American Express credit cards
-Money Orders or
Cashier's Checks
-Wire(Bank)
Transfer
Purchases over
$5,000 may require payment by cash, check, money order, cashier’s check or wire
transfer. Please contact the auction house for further information. No
surcharge will be charged to the buyer for payments made via credit card. We
reserve the right to delay delivery of any property until clearance or
collection of funds in connection with any payment and, in any event, title to
the property shall not pass to the buyer until collection of funds has
occurred. If after fourteen (14) days we have not received payment for lots
purchased at auction, we will promptly file an Unpaid Item Dispute in the case
of all delinquent Internet bids, and report all outstanding balances to the
credit bureaus.
Auction lots,
without exception, will only be handed over after payment has been made.
Storage and dispatch are at the expense and risk of the buyer. Charges for
dispatch, packing and insurance are billed separately. All property must be
removed from MGA by the purchaser, at his expense, no later than fourteen (14)
days following its sale, and if not so removed will accrue storage fees and/or
interest at the seller's discretion. The purchaser shall be liable for all actual
expenses incurred plus a storage charge of 5% of the purchase price.
All items
purchased are subject to payment of the city of Phoenix and state of Arizona sales tax of 8.1% on the total purchase price (final bid plus the Buyer's Premium)
unless the purchaser presents proof of exemption. Property not claimed by the
buyer within three months of the sale date will revert to the seller. Purchases
shipped outside of Arizona are not subject to sales tax.
The buyer is
liable for acceptance of goods and for payment. In case of delayed payment the
purchaser will be held responsible for all resultant damages, in particular
interest and exchange losses. In such an event, MGA reserves the right to annul
the purchase contract without further notice, and to claim damages from the
buyer for non-fulfillment. Accordingly, MGA may re-auction the goods at the
buyer's expense. In which case, the buyer is liable for any loss incurred; the
buyer shall have no claim if a higher price has been achieved. He will not be
permitted to bid on the re-offered lot. The place of fulfillment and
jurisdiction is Phoenix.
Seller's
Commission
MGA generally
charges a flat 10% commission on the hammer price of an item sold at its
auctions. There is no additional charge to the seller for insurance,
photography, color printing in the catalogue, buy-in fee, etc. The seller is
liable only for shipping the item to MGA, and in the event it goes unsold, the
shipping, handling, and packing costs of sending the item back to the seller.
Limited
Warranty
We warrant the
authenticity of each lot catalogued herein under the terms and conditions set
forth below.
Unless otherwise
indicated in the respective catalogue descriptions (which are subject to
amendment by oral or written notices or announcements made by MGA prior to the
sale):
(a) With respect
to autographed material (letters, historic documents, literary and musical
manuscripts, inscribed books, and signed photographs), we warrant without time
limit the authenticity of each lot catalogued herein; (b) With respect to
books, maps and atlases, and any other works not included in (a) above, unless
physical inspection would reveal self-evident lack of authenticity, we warrant
for a period of three (3) years from the date of the sale the authenticity of each
lot catalogued herein.
Except noted
above, or unless otherwise indicated in the respective catalogue description,
we warrant for a period of thirty (30) days from the date of sale to the
original buyer of record, that each book or manuscript is complete in text and
illustration and generally is in physical condition as may be reasonably
expected considering the age and provenance. This warranty does not cover
damages to binding, stains or foxing, wormholes, short leaves of text or plates
or any defect not affecting the completeness of the text. Moreover, this
warranty does not cover the lack of inserted advertisements, blank leaves,
cancels, or subsequently published volumes.
Serial
publications, books in original parts, extra-illustrated books, made up
"albums" and lots described as sold "as is," "sold not
subject to return," "not collated," "collection of" or
"group of," and any lot containing more than three (3) items, are
sold "as is" and therefore not covered by these warranties. Books,
manuscripts, prints, drawings, photographs, signatures, or any other property
offered in a lot comprising more than three (3) items, whether or not such
items are individually named, constitute "Grouped Lots." Such
"Grouped Lots" are not subject to return for any reason.
The benefits of
these warranties are not assignable, are applicable only to the original buyer
of the lot, and are conditioned on the buyer returning the work in the same
condition in which it was received at time of sale and in the time period
specified.
The buyer's sole
remedy under these warranties shall be the rescission of the sale and refund of
the original purchase price paid for the item, and this remedy shall be
exclusive and in lieu of any other remedy which might otherwise be available to
the buyer as a matter of law. With respect to autographed material or any
print, poster, drawing, painting, gouache, watercolor, photograph, sculpture,
ceramic, or antique, in the event that a buyer claims that an item is not
authentic, MGA shall have no obligation to rescind the sale unless the buyer
has obtained, at the buyer's expense, the opinion of two recognized experts in
the field, who are mutually agreeable to MGA and the buyer, that a lot or
portion thereof is not authentic.
Recession of Sale by Martin Gordon
If we become
aware of an adverse claim by a third party relating to property purchased by
the buyer, we may, in our discretion, rescind the sale. The buyer will promptly
return the property to us, at which time we will refund the hammer price and
the buyer's premium with respect to the property. This refund will represent
the buyer's sole remedy against us and/or the consignor in case of a rescission
of sale under this paragraph.
After-Sales
& Private Sales
These Terms and
Conditions of Sale shall govern any private sale of property by us not made
through auction, including all transactions conducted at after-sale. All
private and after-sale purchases are subject to the 20% buyer’s premium, as
well as all costs related to shipping and handling.
Shipping
IT IS THE FULL
RESPONSIBILITY OF THE WINNING BIDDER TO ARRANGE AND PAY FOR ALL PICK-UP,
PACKING, AND SHIPPING SERVICES related
to the transport of lots purchased at auction and/or after-sale. Any such
services provided or arranged by us are at the buyer's sole risk and expense;
we assume no responsibility for any errors or omissions in connection with any
such service or reference. Purchases shipped out of state are exempt from sales
tax.
IN-HOUSE
SHIPPING IS AVAILABLE for
qualified sizes. Items smaller than 24 x 18 inches qualify for in-house
shipping at a cost of $29.50 (within the United States). Items between 24 x 18
inches and 30 x 26 inches qualify for in-house shipping at a cost of $49.50
(within the United States). Lots may be combined at no additional charge,
unless the actual cost of shipping is affected by the increase in weight.
Artwork will be packed by specialized experts. Additional fees may apply in the
case of oversize and/or overweight objects, and if insurance is required. In-house
shipping is available for international orders as well (please inquire for
price quotes). PLEASE CALL TO ARRANGE FOR YOUR ITEMS TO BE SHIPPED.
Due to the high
volume of lots sold and requests for in-house shipping services, it may take
SIX TO EIGHT WEEKS before your order is processed. If you prefer to receive
your auction items on a timelier basis, or to organize shipping for lots that
do not qualify for in-house shipping, please contact the auction house for a
list of local shipping agents.
Copyright
Notice
All images and
text contained in this catalogue or in any other publication by us in whatever
form, shall remain the property of their respective owners, and the buyer shall
have no right of ownership, use or reproduction of any such material by virtue
of any purchase of property or otherwise.
Governing Law
By making a bid,
either verbally in the auction, or by telephone, or written by letter, or fax,
or via the Internet, the bidder confirms that he has taken notice of these
terms of sale by auction and accepts them. Agents who act on behalf of a third
party are jointly and separately liable for the fulfillment of contract on
behalf of their principals. These conditions of sale will also apply to all
purchases made out of this catalogue after the regular sale. The rights and
obligations of the parties shall be governed by the laws of the State of Arizona. All bidders and the purchaser submit to the personal jurisdiction of the Arizona State courts and their rules and procedures in case of any dispute.
Should one or the
other of the above terms of sale become wholly or partly ineffective, the
validity of the remainder is not affected.
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