The Holiday Sale

Conditions of Sale

M. Klein Auctions, LLC


The following Conditions of Sale are M.Klein Auctions,LLC and the Consignor's entire agreement with the buyer relative to the property listed in this catalogue. The Conditions of Sale and all other contents of this catalogue are subject to amendment by us by posted notices and /or oral announcements made prior to or during the auction. By participating in this sale, you acknowledge that you are bound by these terms and conditions.

1 The lots listed in this catalogue will be offered by M. Klein Auctions, LLC, as owner or as agent for consignor(s) subject to the following terms and conditions:

2. All lots are sold “AS IS” and without recourse and neither M. Klein Auctions, LLC, nor its consignor(s) makes any warranties or representations, express or implied with respect to such lots. Neither M. Klein Auctions, LLC, nor its consignor(s) makes any express or implied warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. The Conditions of Sale are controlling, and no statement, whether written or oral, and whether made in this catalogue, or in supplements to this catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. M. Klein Auctions, LLC, and its consignor(s) make no warranty or representation, express or implied, that the purchase will acquire any copyright or reproduction rights to any lot sold. M Klein Auctions, LLC, expressly reserves the right to reproduce any image of the lots sold in this catalogue.

3. M. Klein Auctions, LLC reserves the right to add or withdraw any lot at any time prior to the commencement of bidding for such lot.

4. If the auctioneer decides that any opening bid is below the value of the lot offered, the auctioneer may reject that bid and withdraw the lot from sale; and if, having acknowledged any opening bid he decides that any advance thereafter is insufficient, he may reject that advance. All lots are offered subject to a reserve, which is the confidential minimum price below which such lot will not be sold. No reserves will exceed the low estimate of the lot. Reserves are agreed upon with consignors or, in the absence thereof, in the absolute discretion of M. Klein Auctions, LLC. The auctioneer may open bidding on any lot by placing a bid on behalf of the seller. The auctioneer may further bid on behalf of the seller, up to the amount of the reserve, by placing successive or consecutive bids for a lot or by placing bids in response to other bidders.

5. Estimates provided in this catalogue represent that range which, in the opinion of M. Klein Auctions, LLC represents a fair and probable auction value. Actual prices realized for items can fall below or above this range.

6. M. Klein Auctions, LLC reserves the right to reject any bid, as well as the right to refuse to acknowledge any bidder. The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder or to reoffer the lot in dispute. If any dispute arises after the sale, the M. Klein Auctions, LLC sale record shall be conclusive.

7. M. Klein Auctions, LLC will not be held responsible for error or failure to execute bid(s). Absentee bids must be in writing and a $30.00 minimum is required per lot.

8. Online bidding and phone bidding is available on select items and must be arranged by the Friday prior to the sale.

9. All auction inquires must be received by 4:00 p.m. CST on the Friday prior to the sale as well as e-mail inquires.

10. While M. Klein Auctions, LLC makes every attempt to look for flaws in the items, it is the responsibility of those bidders that are not able to personally view the lots to call or email for condition reports. M. Klein Auctions, LLC does guarantee for fourteen (14) days from the time of the auction items as described in the catalogue (except for condition). After the fourteen (14) day period all items will remain sold without further recourse. Refunds in cash or credit shall be for the purchase price only, shipping costs excluded. Any announcements and addendum prior to the acommencement of bidding takes precedence over the description in the catalogue. This guarantee is only valid to the original buyer. The item(s) returned must be in the same condition as when purchased. Discrepancies of descriptions shall be decided by a mutually agreed upon expert in the field. The authentication must be in writing and is at the expense of the purchaser.

11. Title passes upon the fall of the auctioneer’s hammer to the highest acknowledged bidder subject to the conditions of sale set forth herein, and such bidder thereupon assumes full risk and responsibility therefore and will pay the purchase price as follows: The total purchase price to be paid by purchaser is the amount of the successful bid price plus a premium of 18% of the hammer price will be added to every purchase to reach to the total sales price. For buyers using on line bidding service for purchases, a buyer’s premium of 20% will be added to each purchase to reach the total sales price. M.Klein Auctions reserves the right to reduce the buyers premium on any lot at any time prior to the commencement of bidding for such lot. All purchases are subject to state and local sales or use taxes, when applicable, and payment shall be made as follows: A cash deposit of not less than 25% of the purchase price (unless the whole purchase price is required at the sole discretion of M Klein Auctions, LLC.) will be paid on the day of the auction. Deposits shall apply to all purchases made at this sale and not to any one particular lot. The balance of the purchase price, if any, will be paid not later than 5 p.m. one (1) day following the day of the action. Such payment shall be made in U.S. dollars by certified or cashier’s check drawn on a U.S. bank unless other arrangements are made with M. Klein Auctions, LLC. M. Klein Auctions, LLC reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay M. Klein Auctions, LLC a handling charge of $25 for any check dishonored by the drawee.

12. In addition to the other remedies available to us by law, we reserve the right to impose a late charge of 1.5% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. All property must be removed from our premises by the purchaser at their expense not later than 3 business days following its sale and, if it is not removed, M. Klein Auctions, LLC reserves the right to charge a minimum of $5 per lot per day or to deliver said property to a public warehouse for storage at the purchaser’s expense. M. Klein Auctions, LLC shall have no liability for any damage to property left on its premises for more than 3 days following the sale. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the consignor(s) by law, including without limitation the right to hold the purchaser liable for the total purchase price, we in our option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property at public auction without reserve, and the purchaser will be liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages. In addition, a defaulting purchaser will be deemed to have granted M. Klein Auctions, LLC a security interest in, and M.K.A. may retain as collateral security for such purchaser’s obligations to M.K.A., any property in our possession owned by such purchaser. At our option, payment will not be deemed to have been made in full until M.K.A. has collected funds represented by checks, or in the case of bank or cashier’s checks, we have confirmed their authenticity.

13. If for any cause a purchased lot cannot be delivered in as good condition as at the time of sale, or should any purchased lot be stolen or mis-delivered or lost prior to delivery, M. Klein Auctions, LLC. shall not be liable for any amount in excess of that paid by the purchaser. M. K. A. is not responsible for the acts or omissions of carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots by us is at the entire risk of the purchaser, and M. Klein Auctions, LLC will have no liability of any loss or damage to such items.

14. Any and all of the conditions may be waived or modified in the sole discretion of M. Klein Auctions, LLC

15. Bidding at these sales indicate that you have read and accepted these conditions.

Local taxes may apply.