New York, NY, United States
DoneMar 5, 2008 1:00 PM UTC
Bibliophile Americana and Literature
A diverse sale, to be held in our New York gallery on 5 March 2008, of antiquarian books and modern first editions, including pamphlets, broadsides, autographs and more.
Auction & Auctioneer Information
Feb 29, 10am to 5pm; March 1, 10am to 5pm; March 3, 10am to 5pm; March 4, 10am to 7pm.
Terms & Conditions
1. (a) Bloomsbury Auctions Inc. trading as Bloomsbury Auctions (the Auctioneer) sells as agents for the seller(except where otherwise stated) and as such is not responsible for any default by buyer or seller. (b) The Seller warrants to the Auctioneer and to the buyer that he is the true owner or is properly authorised to sell the property by the true owner and is able to transfer good and marketable title to the property free from any third party claims. 2. (a) The highest bidder to be the buyer. If during the auction the Auctioneer considers that a dispute has arisen between bidders he has absolute authority to settle it or to re-offer the lot. The auctioneer may at his sole discretion determine the advance of bidding or refuse a bid, divide any lot, combine any two or more lots or withdraw any lot without prior notice. (b) Where goods are bought at auction by a buyer who has entered into an agreement with another or others that the other or others (or some of them) shall abstain from bidding for the goods and the buyer or other party or one of the other parties is a dealer, the buyer warrants that the goods are bought bona fide on a joint account. 3. The buyer shall pay the price at which a lot is knocked down by the Auctioneer to the buyer (the hammer price) together with a premium of 20% of the first $300,000 of the hammer price and 10% thereafter. The buyer shall also be responsible forthe payment of all applicable sales tax. 4. (a) The buyer shall, upon the purchase, give in his name and permanent address together with proof of identity and pay to the Auctioneer the total sum due. (b) The buyer may be required to pay down during the course of the sale the whole or any part of the total sum due, and if he fails to do so after such request the lot or lots may at the Auctioneer's absolute discretion be put up again and resold immediately. (c) The buyer shall at his own expense take away any lot or lots purchased no later that five working days after the auction day. Any lot not picked up by the buyer within this time will be shipped to the buyer at buyer's expense.(d) The Auctioneer may at his discretion agree credit terms with a buyer and extend the time limits for collection in special cases but otherwise payment shall be deemed to have been made only after the Auctioneer has received cash(In House Only) or a banker's draft or the buyer's check has been cleared. (e)In the event oflate payment the Auctioneer reserves the right to charge the Buyer interests which shall accrue at the rate of 1.5 % per month (or the highest rate allowed under applicable law, whichever is lower). 5. (a) If the buyer fails to pay for or take away any lots pursuant to clause 4 or breaches any other condition of that clause the Auctioneer as agent for the seller shall be entitled after consultation with the seller to exercise one or other of the following rights: (i)Rescind the sale of that or any other lots sold to the buyer who defaults and re-sell the lot or lots whereupon the defaulting buyer shall pay to the Auction any shortfall between the proceeds of that sale after deduction of costs or re-sale and the total sum due. Any surplus shall belong to the seller. (ii) Proceed for damages for breach of contract. (b) Without prejudice to the Auctioneer's rights hereunder if any lot or lots are not collected within five days or such longer period as the Auctioneer may have agreed otherwise, the Auctioneer may charge the buyer a storage charge up to $5.00 per lot per day for the first 8 working days and $10.00 per lot per working day thereafter. 6. (a) Notwithstanding any other terms of these conditions, if within fourteen days of the sale the Auctioneer has received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery and within fourteen days after such notification the buyer returns the same to the Auctioneer in the same condition as at the time of the sale and satisfies the Auctioneer that considered in the light of the entry in the catalogue the lot is a deliberate forgery then the sale of the lot will be rescinded and the purchase price of the same refunded. A deliberate forgery means a lot made with intention to deceive. (b) A buyers claim under this condition shall be limited to any amount paid to the Auctioneer for the lot and for the purpose of this condition the buyer shall be the person to whom the original invoice was made out by the Auctioneer. 7. Lots may be removed during the sale after full settlement in accordance with 4.d. hereof. 8. All goods delivered to the Auctioneer's premises will be deemed to be delivered for sale by auction unless otherwise stating in writing and will be catalogued and sold at the Auctioneer's discretion and accepted by the Auctioneer subject to all these conditions. By delivering the goods to the auctioneer for inclusion in his auction sales each seller acknowledges that he or it accepts and agrees to all conditions. 9. (a) Unless otherwise instructed in writing all goods on the Auctioneer's premises and in their custody will be held insured against the risk of fire, burglary, water damage and accidental breakage or damage for which insurance the Auctioneer will charge the Seller a premium of 1.5% of the applicable deemed value. The value of the goods so covered will be the hammer price, or in the case of unsold lots the best bid, or in the case of loss or damage prior to the sale the median of the pre-sale estimates. (b) The Auctioneer shall not be responsible for loss or damage to goods of any kind whether caused by negligence or otherwise unless goods are covered by insurance affected by the Auctioneer as provided for in clause 10.a. above.(c) Any liability of the Auctioneer for any claim arising from loss or damage of any kind in respect of goods whether caused by negligence or otherwise including any claims for conservation will be limited to the amount of insurance cover affected in accordance with the provisions of clause 9.a. above. 10. The Auctioneer's current standard notices and information will apply to any contract with the Auctioneer as if incorporated herein. 11. The Auctioneer accepts no responsibility in connection with the commissioning of their staff to bid for any lots. Reserves, and commissions given by telephone are accepted at sender's risk and must be confirmed in writing before the date of the sale. 12. Lots in which the auctioneer has an interest will be marked in the catalogue with a ®. 13.Online bidding on our sales is subject to additional charges. 14. Please see the following limited warranty for warranty constraints. 15. The rights and obligations of the parties as set forth above shall be governed by the laws of the State of New York. In the event of a dispute, all bidders and the purchaser expressely agree to submit themselves to the personal jurisdiction of the New York State Courts and their rules. LIMITED WARRANTY We warrant the authenticity and condition of each lot catalogued herein on the terms and conditions set forth below. 1. Except as noted below, or unless otherwise indicated in the respective catalogue description, we warrant for a period of thirty (30) days from the date of sale to the original buyer of record, that each book or manuscript is complete in text and illustration and generally is in such physical condition as may reasonably be expected considering the age and provenance. This warranty does not cover damages to binding, stains or foxing, wormholes, short leaves of text or plates or any defect not affecting the completeness of the text. Moreover, this warranty does not cover the lack of inserted advertisements,blank leaves,cancels or subsequently published volumes. 2. Unless otherwise indicated in the respective catalogue descriptions (which are subject to amendment by oral or written notices or announcements made by Bloomsbury Auctions prior to sale):(a) With respect to autograph material (letters, historic documents, literary and musical manuscripts, inscribed books, and signed photographs), we warrant without time limit the authenticity of each lot catalogued herein. (Please note Paragraphs 3a and 4(b) below.) (b) With respect to books, maps and atlases, and any other works not included in (a) above, unless physical inspection would reveal self-evident lack of authenticity, we warrant for a period of three (3) years from the date of sale the authenticity of each lot catalogued herein. (Please note Paragraph 3 below.) 3. Serial publications, books in original parts, extra-illustrated books,made up albums and lots described as sold as is, sold not subject to return, not collated,collection of or group of, and any lot containing more than three (3) items, are sold as is and therefore not covered by these warranties. 4. (a) The buyer's sole remedy under these warranties shall be the rescission of the sale and refund of the original purchase price paid for the item, and this remedy shall be exclusive and in lieu of any other remedy which might otherwise be available to the buyer as a matter of law. (b) With respect to autograph material (see Paragraph 1(a)above), or any print, drawing, or watercolor: in the event that a buyer claims that an item is not authentic, Bloomsbury Auctions shall have no obligation to rescind the sale unless the buyer has obtained, at the buyer's expense, the opinion of two recognized experts in the field, who are mutually agreeable to Bloomsbury Auctions and the buyer, that a lot or portion thereof is not authentic. 5. The benefits of these warranties are not assignable and are applicable only to the original buyer of the lot, and are conditioned on the buyer returning the work in the same condition as at time of sale and in the time period specified.
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