Day of the auction at our Encino, California gallery beginning at 11am until the start of the auction at 12:59pm.
Terms & Conditions
TERMS OF SALE for bidding in Malter Galleries Inc.
Sunday, November 18th, 2007 Auction
Please read the following "Terms of Sale" carefully. These terms are applicable to all floor bidders and mail bidders in this auction, collectors and dealers alike. Your submission of bids in this auction constitutes your acceptance of these "Terms of Sale."
1. This is an auction sale, not an approval sale. At the fall of the gavel or upon the auctioneer's call of "Sold," all sales are final. By bidding in this auction, the bidder personally guarantees payment. The auctioneer has final discretion in all matters. In case of dispute, the lot(s) in question may be resold. Lots will be sold in their numerical sequence unless the auctioneer directs otherwise.
2. Absolutely no lots will be released until payment in full has been made. Payment (in US Dollars) may be made in cash(In House Only), by personal check (with proper identification, at the discretion of Malter Galleries inc.) or by MasterCard, Visa, Discover or American Express credit cards. Paypal is fine. Our Paypal address is firstname.lastname@example.org
3. Bid "LIVE" at "Real Time" via EBAY LIVE AUCTIONS. ALL MALTER auctions are available for WORLDWIDE "live" bidding from your computer!. The buyer's fee for "LIVE" Ebay bidding is 22.5%. This fee will be added to the hammer price giving a total amount for that lot. Example; $100 hammer price plus the 22.5% buyer's fee for a lot total of $122.50.
4. Appropriate state and local Sales Tax of (8.25%) will be added to all California invoices, unless a valid seller's permit is on file with Malter Galleries Inc. prior to any bidding in the auction. Items shipped outside of California and the United States of America are also sales tax exempt.
5. No lots purchased by a floor bidder may be returned, including those lots where the bidder is acting as agent for another, or to mail bidders who have examined the lot(s). There are no returns or refunds except for reason of lack of authenticity. Claims to the contrary must be made in writing within ten (10) days after receipt of material. A letter from a recognized expert in the field pertaining to the item in dispute must be presented for refund. No lots may be returned without prior written consent. Late remittance constitutes just cause for revocation of all return privileges. In no event may any lot(s) be returned after thirty (30) days from the date of the auction. All sales are then FINAL!
6 MAIL BIDS may be left prior to and or during the auction, and will take priority over an identical floor bid. In case of a tie mail bid, the earliest received bid will take priority. Mail bids sent via United States mail, E-mail, FAX (818-784-4726) or phone (818-784-7772) will be executed by Malter Galleries Inc., at no charge. Your bids will be started at a small increment over the next highest bid, saving the bidder money wherever possible. Malter Galleries Inc. is not held responsible for any errors in bidding made on behalf of a mail bidder. Malter Galleries Inc. reserves the right to refuse any mail bids under 50% of the estimates. Mail bids that are accepted for under 50% of the estimated price may be used as a starting bid on that particular lot.
7. Ebay bidders will receive an invoice via email detailing their purchases, sales tax (if applicable), the buyer's premium, and shipping and handling charges. All collectibles will be mailed only upon receipt of payment in full and will be insured for their full value where applicable. Items shipped outside of the USA may need the buyer to provide their own insurance. All lots are shipped at the buyer's risk upon clearance of payment.
8. Estimates (indicated at the end of a lot description) are given only as a guide, and are not given as starting points for bidding. Bids below 50% of the estimate have little chance of success and may not be recorded. Bidding will start at an increment above the second highest mail bid received. Lots may sell for a price greater than or less than these estimates. Estimates with a "/" after the dollar amount indicate that there are that many items in that lot. Example: $500/5 or five items in lot.
9. The auctioneer may open the bidding on any lot by placing a bid on behalf of the seller. The auctioneer may bid further on behalf of the seller up to the amount of the reserve, by placing successive bids for any lot, or by placing bids in response to other bidders. The auctioneer may accept or decline any bid, or challenge to any bid, as he in his sole discretion shall determine.
10. Floor and mail bidders who have not yet established credit with Malter Galleries Inc. must furnish satisfactory credit references or deposit at least twenty-five percent (25%) of their total bids for that session(s) or such other amounts as Malter Galleries Inc. may require before such bids will be accepted. Deposits submitted will be applied to purchases and any unused portion of such deposit will be promptly returned.
11. In the event a successful bidder fails to make payment when due, Malter Galleries Inc. reserves the right to re-sell the merchandise and bidder agrees to pay for the reasonable cost of such a sale and also to pay any difference between the resale price and the previously successful bid, together with any incidental costs of sale and disbursements.
12. If the auction invoice is not paid for in full when due per invoice terms, the unpaid balance will bear interest at the highest rate permitted by law until paid in full. If the matter is referred to an attorney for collection, bidder agrees to pay all reasonable attorney fees, court costs and other collection cost incurred by Malter Galleries Inc. to collect past due invoices and that the services of process by certified or registered mail, return receipt requested, shall be sufficient to confer "in personam" jurisdiction over bidder.
13. Buyer agrees that any claim of controversy arising out of, or relating to the formation, interpretation of performance of these terms and underlying transactions or the breach thereof, is subject to arbitration or judicial proceedings and shall take place within the County of Los Angeles subject to the laws of the State of California.