PBA Galleries - Auctioneers & Appraisers

 

CONDITIONS OF SALE FOR ONLINE AUCTIONS

(For Conditions of Sale for Live Auctions, click)

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 for electronic auctions:

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 and (b) 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.

3. Property offered via electronic auction is often of some age. 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to the further provisions of this paragraph as set forth below, property may be returned by the purchaser, the sale rescinded and the purchase price refunded under the following conditions: (1) printed books which prove upon collation to be defective in text or illustration (provided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.

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. 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 insurance. Prospective bidders must provide a street address for all items to be shipped.

8. Payment terms: All items are to be paid for by (a) cash, (b) cashier's check, (c) wire transfer, (d) personal check with approved credit, or (e) Visa or MasterCard, and all accounts are due when bills are rendered.

9. We reserve the right to reject a bid from any bidder. 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.

11. To prevent inaccuracy in delivery or inconvenience in the settlement of a purchase, no lot can be transferred.

12. Shipping and handling charges are calculated per order based on weight, size, destination, and value of the items. The shipping charges for each order will be reflected on your invoice..

For items shipped to Canada add $10 and items shipped outside the US or Canada add $15. If you want an express method of shipment additional charges will apply.