Conditions of Sale for Live Auctions
The property listed in this catalogue will be sold by Pacific Book
Auction Galleries, Inc., dba PBA Galleries (hereinafter Galleries) as
agent for others upon the following terms and conditions as may be amended
by notice or oral announcement at the sale:
1. All bids are to be per lot as numbered in the catalogue.
2. As used herein the term "bid price" means the price at which a lot
is knocked down to the purchaser and the term "purchase price" means the
aggregate of (a) the bid price (b) a premium of 20% of the bid price payable by the purchaser, up to $100,000, plus 15% of the amount above $100,000,
and (c) unless the purchaser is
exempt by law from the payment thereof, any California state or local
sales tax except where sold to a purchaser outside of California and
shipped to the purchaser. The Galleries have been authorized by the
consignor to retain, as part of remuneration, the 20% premium payable by
3. Property auctioned by the Galleries is often of some age.
Prospective bidders should personally inspect such property to determine
its condition and whether it has been repaired or restored. Any
information provided by the Galleries or its employees is for the
convenience of bidders only and should not be relied upon. ALL PROPERTY IS
SOLD "AS IS" AND NEITHER THE GALLERIES NOR THE CONSIGNOR MAKES ANY
WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE WITH RESPECT TO THE
PROPERTY OR ITS VALUE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR WHETHER THE PURCHASER ACQUIRES ANY COPYRIGHTS. IN NO EVENT SHALL THE
GALLERIES OR THE CONSIGNOR BE RESPONSIBLE FOR CORRECTNESS OF DESCRIPTION,
GENUINENESS, ATTRIBUTION, PROVENANCE, AUTHENTICITY, AUTHORSHIP,
COMPLETENESS, CONDITION OF THE PROPERTY OR ESTIMATE OF VALUE. NO STATEMENT
(ORAL OR WRITTEN) IN THE CATALOGUE, AT THE SALE, OR ELSEWHERE SHALL BE
DEEMED SUCH A WARRANTY OR REPRESENTATION, OR ANY ASSUMPTION OF
RESPONSIBILITY. HOWEVER, notwithstanding this condition and subject to the
further provisions of this paragraph as set forth below, property may be
returned by the purchaser, the sale rescinded and the purchase price
refunded under the following conditions: (1) printed books which prove
upon collation to be defective in text or illustration (provided such
defects are not indicated within the catalogue or at the sale), and (2)
autographs which prove not to be genuine (if this can be demonstrated and
if not indicated in the catalogue or at the sale). Printed books are not
returnable for defects not affecting text and illustration, including, but
not limited to, lack of half-titles, lists of plates, binder's
instructions, errata, blanks, or advertisements. No returns will be
accepted unless written notice, by registered mail or receipted courier,
is received by the Galleries within fourteen (14) days of the sale of the
property and the property is returned in the same condition as it was at
the time of sale. NO LOT IS RETURNABLE ON ACCOUNT OF PROPERTY INCLUDED BUT
NOT SPECIFICALLY NAMED AND DESCRIBED IN SUCH LOT. LOTS CONTAINING THREE OR
MORE TITLES, WHETHER NAMED OR UNNAMED, AND SELLING FOR ONE HUNDRED FIFTY
($150) OR LESS, EXCLUSIVE OF BUYER's PREMIUM, ARE SOLD NOT SUBJECT TO
RETURN FOR ANY REASON.
4. Photographs, prints and other fine art multiples are sold in
compliance with California law, and the Galleries' catalogue descriptions
of such multiples conforms to the applicable provisions of that law.
5. Any right of the purchaser under this agreement or under the law
shall not be assignable and shall be enforceable only by the original
purchaser and not by any subsequent owner or any person who shall
subsequently acquire any interest. No purchaser shall be entitled to any
remedy, relief or damages beyond return of the property, rescission of the
sale and refund of the purchase price; and, without limitation, no
purchaser shall be entitled to damages of any kind.
6. If we are prevented by fire, theft or any other reason whatsoever
from delivering any property to the purchaser, our liability shall be
limited to the sum actually paid by the purchaser.
7. Books and other property purchased are to be removed at the close of
each Sale unless shipping instructions are received by the Galleries
before such sale. If not removed, property will be held at the sole risk
of the purchaser and no responsibility is assumed if such goods are lost,
stolen, damaged, or destroyed. The Galleries will facilitate shipment of
property to out-of-town purchasers at an additional packing charge plus
carriage and insurance, but will not be responsible for any loss or damage
resulting from the shipping thereof in excess of the amount of the
8. Payment terms: All items are to be paid for by (a) cash, (b) Visa,
MasterCard, cashier's check, or (c) personal check with approved credit.
All accounts are due when bills are rendered. MERCHANDISE WILL BE SHIPPED
AFTER PAYMENT HAS BEEN RECEIVED.
9. We 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, or in the event the auctioneer doubts the
validity of any bid, the auctioneer shall have the 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, our
sales records shall be conclusive in every respect.
10. Unless the Sale is advertised as a sale without reserve, each lot
is offered subject to a reserve. MOST LOTS OFFERED BY THE GALLERIES HAVE A
MINIMUM RESERVE OF ONE-HALF THE PRESALE LOW ESTIMATE OR $25.00, WHICHEVER
IS GREATER. The Galleries do not accept reserves of more than the low
estimate nor allow consignors to bid on their own items.
11. To prevent inaccuracy in delivery or inconvenience in the
settlement of a purchase, no lot can be transferred. Each buyer must pay
for the whole of his purchases before any lot can be removed.
12. As a service to clients unable to attend the Sale, we will accept
absentee bids without charge in advance of the sale by telephone, or in
writing on bid forms available at the rear of the Galleries' catalogues.
All bids must state the highest bid price the bidder is willing to pay.
"Buy" bids are not accepted. Please check bid sheets carefully to make
sure you have the correct lot numbers and that the sheet is legible. The
Galleries reserve the right to refuse to undertake absentee bids, and
shall in no event be responsible for failure to execute such bids or for
any error that may occur when executing them. Unsuccessful absentee bids
will not be acknowledged.
ALL SALES HELD BY PBA GALLERIES ARE CONDUCTED PURSUANT TO SECTION 2328
OF THE COMMERCIAL CODE AND SECTION 535 OF THE PENAL CODE OF THE STATE OF