Conditions of Sale
AGREEMENT BETWEEN PROFILES IN HISTORY & BIDDER.
Please note that all items in this auction are sold in "as is" condition.
The following terms and conditions including the Conditions of Sale and Terms of Guarantee, constitute the sole terms and conditions under which Profiles in History ("Profiles") will offer for sale and sell the property described in the Catalog. These Conditions of Sale constitute a binding agreement between the Bidder and Profiles with respect to this auction only. By bidding at auction, whether in person, through an agent or representative, by telephone, facsimile, on-line, absentee bid, or by any other form of bid or by any other means, the Bidder acknowledges the thorough reading and understanding of all of these Conditions of Sale, all descriptions of items in the Catalog, and all matters incorporated herein by reference, and agrees to be fully bound thereby. Bidder and Profiles agree that any agreements between the Bidder and Profiles including but not limited to these Conditions of Sale are entered into in Los Angeles County, California, which is where the agreements are to be performed and the auction to take place, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location. Both Profiles and the Bidder agree that any disputes under these Conditions of Sale, the subject matter hereof, the entering into, or any aspect of the auction, shall be exclusively governed by California law, and that any and all claims or actions shall be brought and maintained only in Los Angeles County, California in a State or Federal Court to the exclusion of any other venue, locale or jurisdiction. All parties submit to such jurisdiction. Both Bidder and Profiles agree that these provisions are intended to be binding on all parties and that they shall solely control choice-of-law, venue and jurisdiction in the event of any dispute specifically including third party claims and cross-actions brought by either Profiles or Bidder, and that absent such agreement, Profiles would not permit Bidder to bid hereunder. Any violation of the terms of this Paragraph shall entitle the affected party to reasonable attorney fees and litigation costs in addition to all other available remedies, all of which remain reserved. The parties agree that Profiles shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than set forth in this paragraph as conclusive evidence of the parties' agreement, and the parties further agree that the court shall immediately dismiss any action filed in such jurisdiction. Notwithstanding any other pro-vision herein, the prevailing party in any claim, dispute or litigation between the parties shall be entitled to an award of reasonable attorney fees and costs of litigation. Unless otherwise set forth in the Catalog, all property will be offered by Profiles solely as agent for the seller or consignor of the property ("Consignor") and not on its own behalf. Profiles is in compliance, to the fullest extent possible, with California procedures regarding the bonding of auctioneers.
1. Final Bid Price, Purchase Price and Payment: The term, "Final Bid Price" means the amount of the highest bid acknowledged and accept-able to Profiles. The term, "Purchase Price" means the sum of (1) the Final Bid Price; (2) a premium payable by the successful Bidder (also referred to throughout these Conditions of Sale as "Buyer") equal to twenty-four percent (24%) of the Final Bid Price [discounted to twenty percent (20%) of the Final Bid Price if paid in full in cash or by valid check]; or twenty-eight percent (28%) if bid on and won through internet bidding; (3) applicable taxes (including California and local sales tax and/or compensating use tax based upon the purchase price unless exempted by law and/or where Buyer presents an original, valid resale certificate with a copy for Profiles' records from the California State Board of Equalization); (4) shipping, handling and insurance coverage if requested by Buyer and agreed upon by Profiles. Profiles may accept current and valid VISA, MasterCard, Discover and American Express credit or debit cards for payment but under the express condition that any property purchased by credit or debit card shall not be refundable, returnable, or exchangeable, and that no credit to Buyer's credit or debit card account will be issued under any circumstances. The last sentence constitutes Profiles' "official policy" regarding returns, refunds, and ex-changes where credit or debit cards are used. For payment other than by cash, delivery will not be made unless and until full payment has been actually received by Profiles, i.e., check has fully cleared or credit or debit card funds fully obtained. Profiles has been authorized by the seller or consignor to retain, as partial remuneration, the premium set forth as number (2) in this paragraph. Unless otherwise agreed in a writing signed by Profiles, payment in full is due within seven calendar days of the auction or within five calendar days of the invoice date, whichever is later. PROFILES SHALL HAVE THE RIGHT, AND THE SUCCESSFUL BID-DER HEREBY UNCONDITIONALLY AND IRREVOCABLY PRE-AUTHORIZES PROFILES, TO CHARGE FROM AND COLLECT ALL AMOUNTS OWED FROM ALL CREDIT AND/OR DEBIT ACCOUNTS IDENTIFIED TO PROFILES BY THE SUCCESSFUL BIDDER PRIOR TO BIDDING IN THE EVENT THAT THE SUCCESSFUL BIDDER DOES NOT MAKE TIMELY PAYMENT UNDER THESE CONDITIONS OF SALE. IN SUCH EVENT, THE SUCCESSFUL BIDDER AUTHORIZES PRO-FILES TO COLLECT ALL AMOUNTS OWED FROM ANY OF SAID ACCOUNTS, AND THE SUCCESSFUL BIDDER SHALL NOT CONTEST ANY SUCH CREDIT OR DEBIT ACCOUNT CHARGE ON THE GROUND THAT PROFILES WAS NOT SO AUTHORIZED.
2. Title: On the fall of the auctioneer's hammer, title to the offered lot will pass to the highest bidder acknowledged by the auctioneer but fully subject to Buyer's compliance with all of the terms of the Conditions of Sale and the Registration Form.
3. Rights Reserved: Profiles reserves the right to withdraw any lot before or at the time of the auction, and/or to postpone the auction of all or any lots or parts thereof, for any reason. Profiles shall not be liable to any Bidder in the event of such withdrawal or postponement under any circumstances. Profiles reserves the right to refuse to accept bids from anyone.
4. Auctioneer's Discretion: Profiles shall determine opening bids and bidding increments. The auctioneer has the right in its absolute discretion to reject any bid in the event of dispute between bidders or if the auctioneer has doubt as to the validity of any bid, to advance the bidding at its absolute discretion and to determine the successful bidder in the event of a dispute between bidders, to continue the bidding or to reoffer and resell the lot in question. In the event of a dispute after the sale, Profiles' record of final sale shall be conclusive. The auctioneer also may reject any bid and withdraw the lot from sale if the auctioneer decides either that any opening bid is below the reserve (see paragraph 5 below) of the lot or article or that an advance is insufficient. Unless otherwise announced by the auctioneer at the time of sale, no lots may be divided for the purpose of sale.
5. Reserves: Lots may be subject to a reserve, which is the confidential minimum price below which the lot will not be sold. Although the auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller, Profiles reserves the right to protect the reserve by bidding through the auctioneer and continuing to bid on behalf of the seller up to the reserve amount either through consecutive bids or by placing bids in response to other bidders. Consignors may not bid on their own lots or property. If the consignor is indebted to or has a monetary guarantee from Profiles in certain circumstances, Profiles may have an interest in an offered lot and the proceeds therefrom apart from Profiles' commissions, and Profiles may bid thereon to protect such interest. In such instance, Profiles is entitled to its standard com-mission rate when a lot is "bought-in" to protect its interest.
6. Risk and Responsibility, Agency: The buyer shall, once deemed the highest bidder on the fall of the auctioneer's hammer, bear all risk and responsibility for the lot, and neither Profiles, its agents nor employees, shall thereafter be liable for any loss or damage to the property. The buyer will also be required to sign a confirmation of purchase at such time if requested by the auctioneer. All bidders are deemed to be acting as principals unless Profiles acknowledges in writing prior to the auction that the bidder is acting as agent for another party. In the absence of such written acknowledgment, the bidder guarantees payment of the Purchase Price of a successful bid.
7. Possession and Removal, Charges: No portion of any lot may be removed from the premises or possession transferred to Buyer unless Buyer has fully complied with these Conditions of Sale and the terms of the Registration Form, and unless and until Profiles has received the Purchase Price funds in full. Notwithstanding the above, all property must be removed from the premises by Buyer at his or her sole expense not later than seven (7) calendar days from the invoice date. If all or any property has not been so removed within that time, in addition to any other remedies available to Profiles all of which are reserved, a handling charge of one percent (1%) of the Purchase Price per month will be assessed and payable to Profiles by Buyer, with a minimum of five percent (5%) assessed and payable to Profiles by Buyer for any property not removed within sixty (60) days. Profiles shall additionally have the option, in its sole discretion, of transferring any of such property to a public warehouse at the full risk and expense of Buyer. Profiles, in addition, reserves the right to impose a late charge of fifteen percent (15%) per year on the Purchase Price if Buyer does not make full payment in accordance herewith. Profiles and Buyer acknowledge and agree that these charges are reasonably imposed to partially compensate Profiles for losses and expenses associated with any such delays.
8. Off-Site Bidding: Bidding by telephone, facsimile-transmission (fax-in), on-line, or absentee bidding (advance written bids submitted by mail) are offered solely as a convenience and permitted subject to advance arrangements, availability, and Profiles' approval which shall be exercised at Profiles' sole discretion. Neither Profiles nor its agents or employees shall be held liable for the failure to execute bids or for errors relating to any transmission or execution thereof. In order to be considered for off-site bidding in any manner, Bidders must comply with all of these Conditions of Sale and the terms contained on the Registration Form.
9. Profiles' Remedies: Failure of the Bidder/Buyer to comply with any of these Conditions of Sale or the terms of the Registration Form, is an event of default. In such event, Profiles may, in addition to any other available remedies specifically including the right to hold the defaulting Bidder/Buyer liable for the Purchase Price or to charge and collect from the defaulting Bidder/Buyer's credit or debit accounts as provided for elsewhere herein: (a) cancel the sale, retaining any payment made by the Buyer as damages (the Bidder/Buyer understands and acknowledges that Profiles will be substantially damaged should such default occur, and that damages under sub-part (a) are necessary to compensate Profiles for such damages; (b) resell the property without reserve at public auction or privately; (c) charge the Bidder/Buyer interest on the Purchase Price at the rate of one and one-half per cent (1.5%) per month or the highest allowable interest rate; (d) take any other action that Profiles, in its sole discretion, deems necessary or appropriate to preserve and protect Profiles' rights and remedies. Should Profiles resell the property, the original defaulting buyer shall be liable for the payment of any deficiency in the purchase price and all costs and expenses associated therewith, including but not limited to warehousing, sales-related expenses, reasonable attorney fees and court costs, commissions, incidental damages and any other charges due hereunder which were not collected or collectable. In the event that such buyer is the successful bidder on more than one lot and pays less than the purchase price for the total lots purchased, Profiles shall apply the payment received to such lot or lots that Profiles, in its sole discretion, deems appropriate. If Profiles does not exercise such discretion, the lots to which the payment shall be applied will be in descending order from the highest purchase price to the lowest. Any buyer failing to comply with these Conditions of Sale shall be deemed to have granted Profiles a security interest in, and Profiles may retain as collateral such security for such buyer's obligations to Profiles, any property in Profiles' possession owned by such buyer. Profiles shall have the benefit of all rights of a secured party under the Uniform Commercial Code (U.C.C.) as adopted by the state of California.
10. Terms of Guarantee: Profiles does not provide any guarantee or warranty to Bidders or Buyers, whether express or implied, beyond those expressly provided for in these Conditions of Sale and specifically this Section 10. As set forth below and elsewhere in these Conditions of Sale, Profiles guarantees the authorship, origin, period, and culture of each lot in this catalogue in which the catalog's lot description is printed in a Bold or Capitalized type heading, or as revised or amended by announcement before or during the auction. Except for the Bold and Capitalized headings and subject to the exclusions below, Profiles makes no warranties whatsoever, whether express or implied or by operation of law, with respect to any lots offered or any other material in the catalog. In the event Profiles in its reasonable opinion deems that the conditions of the Guarantee have been satisfied, Profiles shall refund to the original purchaser of record the hammer price plus applicable Buyer's Premium paid for the lot by the original purchaser of record. This Guarantee shall not apply if: (i) the catalogue description was in accordance with the opinion(s) of generally accepted scholar(s) and expert(s) as of the date of the sale, or the catalogue description indicated that there were conflicting opinions; and/or (ii) the only means to establish that the Authorship was not as described in the Bold or Capitalized heading at the date of the sale would have been by method or processes neither generally available nor accepted at such time; unreasonably expensive or impractical to utilize; or likely (in Profiles' reasonable opinion) to have caused damage and/or loss of value to the lot; and/or (iii) there has been no material loss in the lot's value from that which was disclosed in the catalog. The term of this Guarantee is five (5) years from the date of this auction. The Guarantee is non-transferrable and non-assignable, and is solely for the benefit of the original purchaser of record. To be eligible to make a claim under this Guarantee, the original purchaser of record must: (i) send written notice to Profiles within ninety (90) days after receiving information that causes the original purchaser of record to question the accuracy in any respect of the Bold or Capitalized type heading, specifying the lot number, date of the auction at which it was purchased and the specific reasons for such question; and (ii) return the lot to Profiles (a) in the same condition as it was when possession was transferred to the original purchaser of record and (ii) with sole title in and to the original purchaser of record free of any liens, encumbrances or third party claims arising after the date that possession was transferred to the original purchaser of record. Profiles, may, in its sole discretion, waive any of the above requirements. Profiles may also require the original purchaser of record to obtain at the sole expense of the original purchaser of record reports of two independent and recognized experts in the field, mutually acceptable to Profiles and the original purchaser of record. Profiles shall not be bound by any reports produced by the original purchaser of record, and reserves the right to seek additional expert advice at its own expense. Rescission of the sale and re-fund under this paragraph is exclusive and in lieu of and to the exclusion of any other remedy which may otherwise be available as a matter of law or equity. Neither Profiles nor the consignor shall be liable for any damages or damage claims including but not limited to consequential damages, losses of anticipated or actual profit or interest, punitive or exemplary damages, or any other incurred or claimed damages. Except as expressly set forth in this Section 10 above and in all other cases, all property and lots are sold "as is" and "where is". By way of illustration rather than limitation, neither Profiles nor the consignor makes any representation or warranty, expressed or implied, as to merchantability or fitness for intended use, condition of the property (including any condition report), correctness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuineness, value, or period of the property. Additionally, neither Profiles nor the consigner makes any representation or warranty, express or implied, as to whether the Buyer acquires rights in copyright or other intellectual property (including exhibition or reproduction rights) or whether the property is subject to any limitations such as 'droit morale' (moral rights) or other rights affecting works of art. Bidder/Buyer acknowledges and agrees that if the property embodies any copyright, trademark, or other intellectual property, by the purchase of such property, Buyer/Bidder is not acquiring any interest in any copyright, trademark or other intellectual property that may be embodied or reflected in such property, but is acquiring only such physical embodiment and/or reflection. Profiles does not make any representation or warranty as to title. All descriptions, photographs, illustrations, and terminology including but not limited to words de-scribing condition (including any condition reports requested by Bid-der), authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the catalog, bill of sale, invoice, or anywhere else, represent a good faith effort made by Profiles to fairly represent the lots and property offered for sale as to origin, date, condition, and other information contained therein; they are statements of opinion only. They are not representations or warranties and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price. Price estimates (which are determined well in advance of the auction and are therefore subject to revision) and condition reports are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices. Bidders are accorded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and Profiles urges Bidders to avail themselves accordingly. Lots and property are not returnable to Profiles for any reason except under Buyer's limited Remedies set forth in Section 13 below and under the express terms and conditions of Section 13.
11. Limitation of Damages: In the event that Profiles is prevented for any reason from delivering any property to Buyer or Buyer is other-wise dissatisfied with the performance of Profiles, the liability, if any, of Profiles, shall be limited to, and shall not exceed, the amount actually paid for the property by Buyer. In no event shall Profiles be liable for incidental, special, indirect, exemplary or consequential damages of any kind, including but not limited to loss of profits, value of investment or opportunity cost.
12. Unauthorized Statements: Under no circumstances is any employee, agent or representative of Profiles authorized by Profiles to modify, amend, waive or contradict any of these Terms and Conditions, any term or condition set forth on the Registration Form, any warranty or limitation or exclusion of warranty, any term or condition in either the Registration Form or these Terms and Conditions regarding payment requirements, including but not limited to due date, manner of payment, and what constitutes payment in full, or any other term or condition contained in any documents issued by Profiles unless such modification, amendment, waiver or contradiction is contained in a writing signed by all parties. Any statements, oral or written, made by employees, agents or representatives of Profiles to Bidder, including statements regarding specific lots, even if such employee, agent or representative represents that such statement is authorized, unless reduced to a writing signed by all parties, are statements of personal opinion only and are not binding on Profiles, and under no circumstances shall be relied on by Bidder as a statement, representation or warranty of Profiles.
13. Buyer's Remedies: This section sets forth the sole and exclusive remedies of Buyer in conformity with Sections 10 ("Warranties") and 11 ("Limitation of Damages") herein, and is expressly in lieu of any other rights or remedies which might be available to Buyer by law. The Buyer hereby accepts the benefit of the consignor's warranty of title and any other representations and warranties made by the consignor for the Buyer's benefit. In the event that Buyer proves in writing to Profiles' satisfaction that there was a breach of the consignor's warranty of title concerning a lot purchased by Buyer, Profiles shall make demand upon the consignor to pay to Buyer the Purchase Price (including any premiums, taxes, or other amounts paid or due to Profiles). Should the con-signor not pay the Purchase Price to Buyer within thirty days after such demand, Profiles shall disclose the identity of the consignor to Buyer and assign to Buyer all of Profiles' rights against the consignor with respect to such lot or property. Upon such disclosure and assignment, all responsibility and liability, if any, of Profiles with respect to said lot or property shall automatically terminate. Profiles shall be entitled to retain the premiums and other amounts paid to Profiles - this remedy is as to the consignor only. The rights and remedies provided herein are for the original Buyer only and they may not be assigned or relied upon by any transferee or assignee under any circumstances. Lots containing ten or more items are not returnable under any circumstances. The exercise of rights under this Section 13 must be made, if at all, within thirty (30) days of the date of sale.
14. Profiles' Additional Services: For Buyers who do not remove purchased property from Profiles' premises, Profiles, in its sole discretion and solely as a service and accommodation to Buyers, may arrange to have purchased lots packed, insured and forwarded at the sole request, expense, and risk of Buyer. Profiles assumes no and disclaims all responsibility and liability for acts or omissions in such packing or shipping by Profiles or other packers and carriers, whether or not recommended by Profiles. Profiles assumes no and disclaims all responsibility and liability for damage to frames, glass or other breakable items. Where Profiles arranges and bills for such services via invoice or credit card, Profiles will include an administration charge.
15. Headings: Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer.
16. Entire Agreement: These Conditions of Sale constitute the entire agreement between the parties together with the terms and conditions contained in the Registration Form. They may not be amended, modified or superseded except in a signed writing executed by all parties. No oral or written statement by anyone employed by Profiles or acting as agent or representative of Profiles may amend, modify, waive or supersede the terms herein unless such amendment, waiver or modification is contained in a writing signed by all parties. If any part of these Conditions of Sale are for any reason deemed invalid or enforceable, the remaining portions shall remain fully enforceable without regard to the invalid or unenforceable provisions.
AUCTION GENERAL GUIDELINES
Conditions of Sale: Before you bid, you must read the Conditions of Sale, immediately preceding these pages. They represent a contract between Profiles and you, and they contain important terms and conditions such as jurisdiction, payment terms, warranties and remedies. The Conditions of Sale are controlling over these general guidelines in the event of any conflicts between their respective terms.
Estimate Prices: In addition to descriptive information, each entry in the catalog includes a price range, which reflects opinion as to the price expected at auction. These are based upon various factors including prices recently paid at auction for comparable property, condition, rarity, quality, history, and provenance. Estimates are prepared well in advance of the sale and subject to revision. Estimates do not include the buyer's premium or sales tax (see under separate heading). See Paragraph 10 of the Conditions of Sale for important restrictions as to reliance on estimated prices.
Reserves The reserve is the minimum price the seller is willing to accept and below which a lot will not be sold. This amount is confidential and will not exceed the low pre-sale estimate.
Owned or Guaranteed Property: Profiles in History generally offers property consigned by others for sale at public auction; occasionally, lots are offered that are the property of Profiles in History.
Buyer's Premium and Sales Tax: The actual purchase price will be the sum of the final bid price plus the buyer's premium of 24% of the hammer price (discounted to 20% when full payment is made in cash or by valid check); or twenty-eight percent (28%) if bid on and won through internet bidding. California sales tax shall automatically be added to the purchase price unless exempted.
Before the Auction: You may attend pre-sale viewing for all of our auctions at no charge. All property to be auctioned is usually on view for several days prior to the sale. You are encouraged to examine lots thoroughly. You may also request condition reports (see below). Profiles in History's staff are available at viewings and by appointment.
Hours of Business: Profiles in History is open from 8 a.m. to 5 p.m. on weekdays. The viewing schedule for the auction is published in the front of the auction catalog.
Condition Reports: If you wish to obtain additional information on a particular lot, or cannot appear at the viewing, Profiles in History may provide, upon request, a condition report. We remind prospective buyers that descriptions of property are not warranted and that each lot is sold "as is" in accordance with the terms of the limited warranty. Condition reports, as other descriptions of property, are not warranted; they are only provided as a service to interested clients. Neither Profiles in History nor the consignor make any express or implied representation or warranty concerning the condition of any lot offered for sale; any information furnished does not modify or negate the limited warranty contained in the Conditions of Sale. See Paragraph 10 of the Conditions of Sale for important restrictions as to reliance on condition reports.
Registration: If you are planning to bid at auction, you will need to register with us. Please arrive 30 or 45 minutes before the sale to complete bidder registration and to receive a numbered paddle to identify you if you are the successful bidder. If you are a new client, or if you have not made a recent purchase at Profiles in History, you may be asked to sup-ply bank and/or other credit references when you register. To avoid any delay in the release of your purchases, we suggest that you pre-arrange check or credit approval. If so, please contact Profiles in History at (310) 859-7701 or by fax at (310) 859-3842. You must acknowledge having read your agreement with all of the Conditions of Sale prior to your registration and prior to your bidding on any lot.
The Auction: All auctions are open to registered bidders only. You must register to bid or otherwise participate.
Bidding: Property is auctioned in consecutive numerical order, as it appears in the catalog. The auctioneer will accept bids from those present in the salesroom or absentee bidders participating by telephone, internet or by written bid left with Profiles in History in advance of the auction. The auctioneer may also execute bids on behalf of the consignor to protect the reserve, either by entering bids in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor at or above the reserve. The auctioneer will not specifically identify bids placed on behalf of the con-signor to protect the reserve.
Bidding Increments: See registration page.
Absentee Bids: If you cannot attend an auction, it is possible to bid by other means. The most common is the absentee bid, sometimes called an "order bid." Absentee bids are written instructions from you directing Profiles in History to bid for you on one or more lots up to a maximum amount you specify for each lot. Profiles in History staff will execute your absentee bid as reasonably as possible, taking into account the reserve price and other bids. There is no charge for this service. If identical bids are submitted by two or more parties, the first bid received by Profiles in History will take preference. The auctioneer may execute bids for absentee bidders directly from the podium, clearly identifying these as order bids. Absentee Bid Forms are available in the back of every auction catalog and also may be obtained at any Profiles in History location. See Conditions of Sale and Registration Form for absentee bid details.
Internet Bids: Profiles in History is pleased to offer live Internet bidding at www.profilesinhistory.com. To ensure proper registration, those Bidders intending to bid via the internet must visit this site and register accordingly at least one full day prior to the actual auction. Please be aware that there is a minimum 3-second delay in the audio and visual feeds, which may confuse some bidders. If you have questions about this feature, please call Profiles in History well in advance of the auction. Winning bidders will be notified by Profiles. Profiles is not and cannot be responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids.
PLEASE NOTE: On some occasions beyond the control of Profiles, the online bidding software or the Internet itself may not physically keep up with the pace of the auction. In order to help avoid disappointment, Profiles recommends placing a realistic absentee bid now. Occasion-ally the auctioneer may eliminate or reject an internet live bid, and the auctioneer may also reopen a lot after the close of the internet live bidding (typically but not always because a floor bid or a telephone bid was missed), and your bid may be rejected even if you were shown to be the winning bidder. By bidding online, you acknowledge and agree that Profiles in History may award the lot to another bidder at its sole and final discretion under the circumstances described above or under any other reasonable circumstances. Since internet bids are not shown to Profiles until Profiles opens the lot on the floor, Profiles treats those bids the same as floor or telephone bids. In most cases, however, the floor and/ or telephone responds before the internet bid is presented, due to live internet bid software or internet lag time, so for consistency it is Profiles in History's policy that floor bids and telephone bids are always considered first over online bids with floor bids being considered before telephone bids. Also please note that all Profiles lots purchased online carry a 28% Buyer's Premium. Profiles in History strongly urges the bidder to resolve any questions about these policies or their implementation PRIOR TO BIDDING.
Successful Bids: The fall of the auctioneer's hammer indicates the final bid. Profiles in History will record the paddle number of the buyer. If your salesroom or absentee bid is successful, you will be notified after the sale by mailed or emailed invoice.
Unsold Lots: If a lot does not reach the reserve, it is bought-in. In other words, it remains unsold and is returned to the consignor.
AFTER THE AUCTION
Payment: You are expected to pay for your purchases in full within seven calendar days of the sale or five calendar days from the invoice date, whichever is later, and to remove the property you have bought by that date.
Shipping: After payment has been made in full, Profiles in History may, as a service to buyers, arrange to have property packed, insured and shipped at your request and expense. For shipping information, please contact Profiles in History at (310) 859-7701. In circumstances in which Profiles in History arranges and bills for such services via invoice or credit card, we will also include an administration charge. Packages shipped internationally will have full value declared on shipping form.
Sales Results: Interested clients may obtain sale results for specific lots at least three business days after the auction by calling Profiles in History at (310) 859-7701.
THE SELLER
Auction Estimate: If you are considering selling your property, you can bring items to our Calabasas Hills salesroom by appointment only. If a visit is not practical, you may instead send a clear photograph together with dimensions and any other pertinent information you may have. Profiles in History cannot be responsible or liable in any case for damage or loss to photographs or other information sent.
Consignment Agreement: If you decide to sell your property at auction, the procedures are simple and you should find Profiles in History staff helpful to you throughout the process. After discussions with our staff you will receive a contract (Consignment Agreement) to sign, setting forth terms and fees for services we can provide, such as insurance, shipping and catalog illustrations. For all categories, Profiles in History's standard consignor commission rates are fifteen percent (15%) of the final bid price. Profiles in History generally charges a minimum com-mission of $100 for each lot sold. Profiles in History will discuss with you a suggested reserve price and our recommendations for pre-sale estimates for each piece of property you consign for sale. The terms and conditions contained in the actual Consignment Agreement will govern our respective rights and obligations; those terms and conditions are controlling over these general guidelines.
Delivery of Property to Profiles in History: After you have consigned property to us for sale, you can either bring your property to Profiles in History yourself, arrange with your own shipper to deliver it to us or Profiles in History can arrange for it to be shipped through their shipping department. We are always happy to assist you. For more information please contact us at (310) 859-7701. Property usually arrives at Profiles in History at least three months before the sale in order to allow time to research, catalog and photograph the items. Prior to the auction your property is generally stored at Profiles in History's facilities.
Pre-Auction Notification: Several weeks before the scheduled sale, along with thousands of Profiles in History's worldwide subscribers, you should be receiving a copy of the sale catalog in which your property is offered.
After approximately 30 business days following completion of the sale, pending payment by the purchaser, you will be sent payment for your sold property and a settlement statement itemizing the selling commission and other damages.
Reference Photographs, Illustrations and Screen Shots: Unless otherwise explicitly set forth in the catalog description for an individual item, all photographs, illustrations, and screen shots are furnished solely for reference purposes and not as a statement, representation or warranty that the image depicted is the exact item offered. Due to the fact that multiple props, costumes, and other items are customarily made for and used on or off screen in a motion picture or other program, Pro files cannot and does not represent or warrant that the specific item depicted in the photograph, illustration or screen shot is the very same item offered at auction.
Trademarks: In the catalog descriptions, Profiles takes steps to identify and provide provenance for an item offered at auction. In many cases, the items offered were used in or in conjunction with motion pictures or other programs and is furnished in order to fully identify and describe the item offered at auction, including photographs, illustrations, and screen shots. Profiles in no way claims any connection to or relation-ship with the producers of the motion picture or other program. In all cases, the use of the titles or other elements of a motion picture or other program is for informational purposes only.
Copyrights: Unless otherwise set forth with respect to an item offered, the item offered at auction is a one-of-a-kind original piece, and Pro-files makes no statement, representation or warranty concerning the copyright of such item. Depiction of the item in the catalog and other auction promotions is purely for informational and reference purposes regarding the offering of the item at auction. Unless otherwise set forth with respect to an item offered, Profiles makes no statement, representation or warranty concerning the successful bidder's right to copy, reproduce or adapt for any purpose any item offered at auction.
Photographs and Illustrations: Due to printing catalog process and internet browser color spectrum some photographs, negatives, transparencies and illustrations may be cropped and/or color-corrected.
WE STRONGLY ENCOURAGE YOU TO EITHER PREVIEW THE ITEMS BEFORE BIDDING, OR CALL FOR A MORE SPECIFIC CONDITION REPORT ON ITEMS OF INTEREST.
Shipping: Please remember that the buyer is responsible for all shipping charges from Profiles in History's offices in Calabasas, CA to the buyer's door. Many of the items in this auction are of unusual size and/or weight, they will require special handling and will incur an additional shipping premium as charged by the carrier. Please see Terms & Conditions of Sale.
BUYERS PREMIUM
The actual purchase price will be the sum of the final bid price plus the buyer's premium of twenty-eight percent (28%) if bid on and won through internet bidding. California sales tax shall automatically be added to the purchase price unless exempted.
CREDIT CARD PAYMENTS
Profiles may accept current and valid VISA, MasterCard, Discover and American Express credit or debit cards for payment but under the express condition that any property purchased by credit or debit card shall not be refundable, returnable, or exchangeable, and that no credit to Buyer's credit or debit card account will be issued under any circumstances.
ITEM CONDITION
Please note that all items in this auction are sold in "as is" condition. If you wish to obtain additional information on a particular lot, or cannot appear at the viewing, Profiles in History may provide, upon request, a condition report. We remind prospective buyers that descriptions of property are not warranted and that each lot is sold "as is" in accordance with the terms of the limited warranty. Condition reports, as other descriptions of property, are not warranted; they are only provided as a service to interested clients. Neither Profiles in History nor the consignor make any express or implied representa-tion or warranty concerning the condition of any lot offered for sale; any information furnished does not modify or negate the limited warranty contained in the Conditions of Sale. See Paragraph 10 of the Conditions of Sale for important restrictions as to reliance on condition reports.
FINAL BID PRICE, PURCHASE PRICE AND PAYMENT
Final Bid Price, Purchase Price and Payment: The term, "Final Bid Price" means the amount of the highest bid acknowledged and accept-able to Profiles. The term, "Purchase Price" means the sum of (1) the Final Bid Price; (2) a premium payable by the successful Bidder (also referred to throughout these Conditions of Sale as "Buyer") equal to twenty-eight percent (28%) if bid on and won through in-ternet bidding; (3) applicable taxes (including California and local sales tax and/or compensating use tax based upon the purchase price unless exempted by law and/or where Buyer presents an original, valid resale certificate with a copy for Profiles' records from the California State Board of Equalization); (4) shipping, handling and insurance coverage if requested by Buyer and agreed upon by Profiles. Profiles may accept current and valid VISA, MasterCard, Discover and American Express credit or debit cards for payment but under the express condition that any property purchased by credit or debit card shall not be refundable, returnable, or exchangeable, and that no credit to Buyer's credit or debit card account will be issued under any circumstances. The last sentence constitutes Profiles' "official policy" regarding returns, refunds, and ex-changes where credit or debit cards are used. For payment other than by cash, delivery will not be made unless and until full payment has been actually received by Profiles, i.e., check has fully cleared or credit or debit card funds fully obtained. Profiles has been authorized by the seller or consignor to retain, as par-tial remuneration, the premium set forth as number (2) in this para-graph. Unless otherwise agreed in a writing signed by Profiles, pay-ment in full is due within seven calendar days of the auction or within five calendar days of the invoice date, whichever is later. PROFILES SHALL HAVE THE RIGHT, AND THE SUCCESSFUL BID-DER HEREBY UNCONDITIONALLY AND IRREVOCABLY PRE-AUTHORIZES PROFILES, TO CHARGE FROM AND COLLECT ALL AMOUNTS OWED FROM ALL CREDIT AND/OR DEBIT ACCOUNTS IDENTIFIED TO PROFILES BY THE SUCCESSFUL BIDDER PRIOR TO BIDDING IN THE EVENT THAT THE SUCCESSFUL BIDDER DOES NOT MAKE TIMELY PAYMENT UNDER THESE CONDITIONS OF SALE. IN SUCH EVENT, THE SUCCESSFUL BIDDER AUTHORIZES PRO-FILES TO COLLECT ALL AMOUNTS OWED FROM ANY OF SAID ACCOUNTS, AND THE SUCCESSFUL BIDDER SHALL NOT CONTEST ANY SUCH CREDIT OR DEBIT ACCOUNT CHARGE ON THE GROUND THAT PROFILES WAS NOT SO AUTHORIZED.
SHIPPING TERMS
After payment has been made in full, Profiles in History may, as a service to buyers, arrange to have property packed, insured and shipped at your request and expense. For shipping information, please contact Profiles in History at (310) 859-7701. In circumstances in which Profiles in History arranges and bills for such services via invoice or credit card, we will also include an administration charge. Packages shipped internationally will have full value declared on shipping form. Please remember that the buyer is responsible for all shipping charges from Profiles in History's offices in Calabasas, CA to the buyer's door. If items are of unusual size and/or weight, they will require special handling and will incur an additional shipping premium as charged by the carrier. Please see Terms & Conditions of Sale.
APPLICABLE TAXES WILL APPLY
Applicable taxes will apply (including California and local sales tax and/or compensating use tax based upon the purchase price unless exempted by law and/or where Buyer presents an original, valid resale certificate with a copy for Profiles' records from the California State Board of Equalization).
