McIlhany's Magical Mysteries III

The property described in this catalogue, as amended by any posted notices or oral announcements during the sale, will be sold by the Joint venture of Auction Results & Owen Magic Supreme as agent for the Estate of William H. McIlhany and/or Barbara O'Toole (hereinafter collectively referred to as "McIlhany Auction"). These CONDITIONS OF SALE, and ADVICE TO PROSPECTIVE BIDDERS set forth elsewhere in the catalogue are the complete and only terms and conditions on which all property is offered for sale. By bidding at auction (whether present in person or by agent, by written or telephone bid, or by any other means) including, but not limited to on-line the buyer agrees to be bound by these Conditions of Sale. 1. ALL PROPERTY IS SOLD "AS IS" AND "WITH FAULT". McIlhany Auction MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY OR ITS VALUE, AND IN NO EVENT SHALL THEY 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. THE BUYER IS MAKING THIS PURCHASE AFTER AND IN RELIANCE UPON HIS OR HER FULL AND COMPLETE EXAMINATION OF THE GOODS, AND NOT BY REASON OF ANY REPRESENTATION OF THEIR MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, SPECIFIC ATTRIBUTES OR OTHERWISE, MADE BY OR ON BEHALF OF THE SELLER. It is highly recommended that the buyer examines the item of interest in person or through an agent before making a bid. McIlhany Auction can provide a condition report on any offered up until 4 days prior to the sale. 2. THE MCILHANY AUCTION MAKES NO REPRESENTATION THAT THE PURCHASER OF MANUSCRIPT MATERIAL, PHOTOGRAPHS, PRINTS, OR WORKS OF ART WILL ACQUIRE ANY COPYRIGHT OR REPRODUCTION RIGHTS THERETO. 3. All bids are to be per lot as numbered in the catalogue. 4. The McIlhany Auction reserves the absolute right (a) to withdraw any property at any time before its actual final sale, including during the bidding, and (b) to refuse any bid from any bidder. The auctioneer is the sole judge as to the amount to be advanced by each succeeding bid. 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. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have the absolute discretion either to determine the successful bidder or to re offer and resell the lot in dispute. If any dispute arises after the sale, the McIlhany Auction sales records shall be conclusive as to the purchaser, amount of highest bid, and in all other respects. 7. The purchase price paid by a purchaser shall be the sum of the final bid and a buyer's premium of twenty percent (20%) of the final bid on each lot (the Buyer's Premium). Any on-line purchaser shall pay an additional five percent (5%) of the final bid on each lot in addition to the Buyer's Premium (Online Premium). 8. On the fall of the auctioneer's hammer, title to the offered lot or article will pass to the highest acknowledged bidder, who thereupon (a) immediately assumes full risk and responsibility therefore, (b) will immediately sign a confirmation of the purchase therefore, setting forth his name and address, and (c) will immediately pay the full purchase price therefore. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to the McIlhany Auction by law (including without limitation the right to hold the purchaser liable for the bid price), the McIlhany Auction, at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or (b) resell the property, either publicly or privately, for the account and risk of the purchaser, and in such event the purchaser shall be liable for the payment of all deficiencies plus all costs, including warehousing, the expenses of both sales, and the McIlhany Auction commission at its regular rates and all other charges due hereunder. The McIlhany Auction may also impose late charges of one and one-half (1.5%) per month (or the highest rate allowed under applicable law, whichever is lower) on any amounts unpaid. 9. All property shall be removed by the purchaser at his/her own expense after the sale, and if not so removed may, at the McIlhany Auction option, be sent by the McIlhany Auction to a public warehouse at the account, risk and expense of the purchaser. Whether sent to a warehouse or stored by the McIlhany Auction, the purchaser shall be liable for all actual expenses incurred plus a storage charge of five percent (5%) of the purchase price. 10. All purchases must be paid in full (the bid price, buyer's premium, all applicable taxes, and any other charges) within 3 days of the sale of the item by 5 p.m. Pacific time. Payment must be made in U.S. dollars with cash; bank check or cashier's check drawn on a U.S. bank, money order; or wire transfer. McIlhany Auction reserves the right to retain items purchased by personal check until the check has cleared the bank. The purchaser agrees to pay a handling charge of $75 for any check dishonored returned check. In the event the purchaser pays by credit card, a 3.75% convenience fee of the entire purchase price including buyer's premium and any applicable taxes will be added to the entire charge. CONDITIONS OF SALE 1. The rights and obligations of the parties shall be governed by the laws of the State of Illinois. All bidders and purchasers submit to the personal jurisdiction of the Illinois State courts and their rules and procedures in the event of any dispute. 2. No waiver or alteration of any of these Conditions of Sale, the Advice to Prospective Bidders, the estimates, or any other matter in this catalogue or any other matter whatever (whether made by the auctioneer, or any representative of the McIlhany Auction) shall be effective unless it is in writing and signed by a representative of the McIlhany Auction. 3. Prospective bidders must register and provide identification prior to the sale. McIlhany Auction may require financial references or bank letter of credit prior to being approved to bid at auction. McIlhany Auction reserves the right to approve or reject any potential bidder from participating in the sale. ADVICE TO PROSPECTIVE BIDDERS 1. ALL PROPERTY IS SOLD SUBJECT TO THIS ADVICE, THE CONDITIONS OF SALE, PRINTED IN THE CATALOGUE. 2. Negation of Express Warranties or Intent to Warrant by Description and Inspection of Property. Purchaser agrees that there have been no affirmations of fact or promises made by McIlhany Auction relating to the lot or lots and becoming part of the basis of the bargain other than those affirmations and promises expressly set forth herein. Prospective bidders or their agents are strongly advised to personally inspect property prior to the auction. All lots are sold "AS IS" and "WITH FAULT" without recourse to the McIlhany Auction. McIlhany Auction is not responsible for the accuracy of any statement of any kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. McIlhany Auction gives no representation, warranty or guarantee or assume any liability of any kind in respect to any lot with regard to fitness for a particular purpose, merchantability, description, size, quality, completeness, condition, attribution, authenticity, importance, rarity, medium, provenance, prior ownership history, or historical relevance. The absence of any reference to the condition of a lot does not imply that the lot is in fine condition or completely free from defects, imperfections, wear and tear, or the effects of aging. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph. 3. Buyer's Premium. The purchase price payable on any lot purchased will be the total of the final bid plus the Buyer's Premium as defined in paragraph 7 of the Conditions of Sale, plus all applicable sales taxes. 4. Bidding Increments. Expected bid increments are as follows: Minimum Value Maximum Value Expected Bid Increment from $0.00 to $29.00 $5.00 from $30.00 to $99.00 $10.00 from $100.00 to $499.00 $25.00 from $500.00 to $999.00 $50.00 from $1,000.00 to $1,999.00 $100.00 from $2,000.00 to $4,999.00 $250.00 from $5,000.00 to $9,999.00 $500.00 from $10,000.00 to $19,999.00 $1,000.00 from $20,000.00 to $49,999.00 $2,000.00 from $50,000.00 and above 10% of the current bid However, the auctioneer may modify the increments at any time. 5. Reserves. While most lots will be offered without reserve, some lots are subject to a reserve, which is the confidential minimum price agreed to with the seller below which the lot will not be sold. The reserve will never be higher than the low pre-sale estimate, and will never be lower than half the low estimate. The McIlhany Auction may implement such reserve by opening the bidding and may bid up to the amount of the reserve by placing successive or consecutive bids for a lot in response to other bidders. 6. Estimates. The estimates provided are intended as a guide to bidding. The figures are educated guesses, based on recent values. A bid between the listed figures would, in our opinion, have a chance of success (at the time the catalogue was prepared). The estimates are exclusive of the buyer's premium, and may be revised at any time prior to the auction. 7. Bidding. All persons attending the auction must obtain a bidding number prior to bidding. If bids cannot be made in person or by an agent, they may be made by mail, fax, e-mail, telephone or on-line and such bids will be executed without charge. 8. Absentee Bids will be executed by the McIlhany Auction on the bidder's behalf in competition with other on-line bids, absentee bids and bidding in the room. Every effort will be made to carry out the bidder's instructions, but the McIlhany Auction shall in no event be responsible for failing correctly to carry out instructions, and the McIlhany Auction reserves the right to decline to undertake such bids. Bids by mail should be made in U.S. dollars. 9. Removal of Property. All lots purchased shall be removed at the purchaser's risk and expense immediately following the sale. Purchases not so removed will be treated as set forth in paragraph 9 of the Conditions of Sale. 10. Shipment. If your bid is successful, and you do not take the item with you at the end of the sale, there will be an outside shipper on site who can arrange for the shipment of your purchase. McIlhany Auction will not be responsible for the acts or omissions of the Carriers or shipper, even if onsite. Shipment will not be released without written consent from buyer and account must be paid in full to McIlhany Auction for all purchases. If McIlhany Auction agrees to ship purchased item/items, purchaser agrees to pay an additional charge for the cost of packing, shipping, handling, and insurance charges. In any event, McIlhany Auction shall have no liability for any loss or damage to any items and packing and shipping is at the entire risk to the purchaser. 11. Prices Realized. A list of prices realized will be published subsequent to the sale. The Prices Realized will be made available on line. 12. Lots not Returnable. Paragraph 2 of the Advice to Prospective Bidders describes lots which are sold "AS IS" and "WITH FAULT" and not returnable. 13. Purchased Lots. If for any reason a sold lot cannot be delivered in the same condition as at the time of sale, or should any bought lot be misdelivered, stolen, or lost prior to delivery, McIlhany Auction shall not be liable for any amount in excess of that paid by the buyer.