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(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below, property may be returned by the purchaser, the sale rescinded and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.
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