Modern Literature

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 the purchaser. 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to the further provisions of this paragraph as set forth below, property may be returned by the purchaser, the sale rescinded and the purchase price refunded under the following conditions: (1) printed books which prove upon collation to be defective in text or illustration (provided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 insurance. Buyers are responsible for all shipping costs. Please contact us before auction day for quotes on shipping costs. We will attempt to combine multiple lots in to a single shipment when possible. 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. Payment must be received within 5 business days of auction close. 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 CALIFORNIA.

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