Hollywood Auction 36 - Day 1

Conditions of Sale The following terms and conditions, in addition to other information printed in the catalog including any glossary contained herein, and as amended by any posted notices or verbal announcements made during the sale, constitute the sole terms and conditions under which Profiles in History ("Profiles") will offer for sale and sell the property described herein. Unless otherwise indicated in the catalog, all property will be offered by Profiles solely as agent for the seller or consignor of the property and not in its own behalf. By bidding at auction, whether in person, through an agent or representative, by telephone or by bid in tangible form, or by any other means, the buyer acknowledges the reading of these terms and conditions, the catalog including description of the property and any other matters incorporated herein by reference, and accepts all of the terms and conditions herein and agrees to be fully bound by these terms and conditions of sale, and further agrees that any disputes under these Conditions of Sale or with respect to the subject matter hereof shall be determined under California law and shall be adjudicated in Los Angeles County, California in a court of competent jurisdiction and the buyer, by bidding hereunder, hereby consents to jurisdiction therein. In the event of such dispute, reasonable attorney's fees and costs of litigation shall be awarded to the prevailing party. Profiles is in compliance, to the fullest possible extent, with California procedures regarding the bonding of auctioneers. 1. As used in these Conditions of Sale, the term "final bid price" means the amount of the highest bid acknowledged by and acceptable to Profiles. The term "purchase price" means the sum of {1} the final bid price; {2} a premium payable by the buyer equal to twenty (20) percent of the final bid price; {3} any applicable taxes (including California and local sales tax and/or compensating use tax based upon the purchase price unless exempted by law or where the buyer presents an original, valid resale certificate with a copy for Profiles' records from the California State Board of Equalization); {4} shipping, handling and/or insurance coverage if requested by buyer. Profiles may accept valid VISA, MasterCard, Discover and American Express charge cards for payment under the express condition that the property is neither returnable, refundable nor exchangeable and that no charge card credit may be issued in the event of any such return. For purchases by cash (in house only), valid check, money order or credit card, the buyer's premium shall be twenty (20) percent of the final bid price . For payment other than by cash, delivery will not be permitted until actual payment has been received, i.e., a check has cleared. Profiles has been authorized by the seller or consignor to retain, as partial remuneration, the buyer's premium. 2. On the fall of the auctioneer's hammer, title to the offered lot will pass to the highest bidder acknowledged by the auctioneer subject to the buyer's compliance with all other terms and conditions of sale. Lots are as numbered in the catalog unless otherwise announced by the auctioneer. 3. Profiles reserves the right to withdraw any lot before or at the sale, and to postpone the sale for a reasonable time period for any reason without liability to any buyer or prospective buyer. Profiles reserves the right to refuse to accept bids from anyone. 4. Profiles shall determine opening bids and bidding increments. The auctioneer has the right in its absolute discretion to reject any bid in the event of dispute between bidders or if the auctioneer has doubt as to the validity of any bid, to advance the bidding at its absolute discretion and to determine the successful bidder in the event of a dispute between bidders, to continue the bidding or to reoffer and resell the lot in question. In the event of a dispute after the sale, Profiles' record of final sale shall be conclusive. The auctioneer also may reject any bid and withdraw the lot from sale if the auctioneer decides either that any opening bid is below the reserve (see paragraph 5 below) of the lot or article or that an advance is insufficient. Unless otherwise announced by the auctioneer at the time of sale, no lots may be divided for the purpose of sale. 5. Lots may be subject to a reserve which is the confidential minimum price below which the lot will not be sold. Although the auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller, Profiles reserves the right to protect the reserve by bidding through the auctioneer and continuing to bid on behalf of the seller up to the reserve amount either through consecutive bids or by placing bids in response to other bidders. Consignors may not bid on their own lots or property. If the consignor is indebted to or has a monetary guarantee from Profiles in certain circumstances, Profiles may have an interest in an offered lot and the proceeds therefrom apart from Profiles' commissions, and Profiles may bid thereon to protect such interest. In such instance, Profiles is entitled to its standard commission rate when a lot is "bought-in" to protect its interest. 6. The buyer shall, once deemed the highest bidder on the fall of the auctioneer's hammer, bear all risk and responsibility for the lot, and neither Profiles, its agents nor employees, shall thereafter be liable for any loss or damage to the property. The buyer will also be required to sign a confirmation of purchase at such time if requested by the auctioneer. All bidders are deemed to be acting as principals unless Profiles acknowledges in writing prior to the auction that the bidder is acting as agent for another party. In the absence of such acknowledgment, the bidder guarantees payment of the purchase price of a successful bid. 7. No portion of any lot may be removed from the premises or possession given to buyer until the buyer has paid the purchase price in full or has satisfied the terms as Profiles, in its sole discretion, shall require. All property must be removed from the premises by the buyer at his sole expense not later than five (5) business days following its sale. For property not removed within such time, a handling charge of 1% of the purchase price per month will be assessed and payable to Profiles by the buyer, with a minimum of 5% assessed and payable to Profiles by the buyer for any property not removed within 60 days following the sale. Profiles shall have the option, in its sole discretion, of transferring any of such property to a public warehouse at the full risk and expense of buyer. Profiles, in addition, reserves the right to impose a late charge of 15% per year on the purchase price if the buyer does not make full payment in accordance with these Conditions of Sale. 8. Telephone, internet, facsimile-transmitted (fax-in) or advance-written bids (including bids submitted by mail) are offered as a convenience by Profiles to absentee bidders subject to availability, advance arrangements and Profiles' approval. Neither Profiles nor its agents or employees shall be held liable for the failure to execute such bids or for errors relating to any execution thereof. Payment in full for all absentee bids must be made within seven calendar days following buyer's receipt of Profiles' written invoice. 9. Should the buyer fail to comply with any of these Conditions of Sale, Profiles may, in addition to any of the remedies available to it under these Conditions of Sale or by applicable law, including the right to hold the defaulting buyer liable for the purchase price, (a) cancel the sale, retaining any payment made by the buyer {Buyer acknowledges and agrees that such payment shall constitute liquidated damages}, (b) resell the property without reserve at public auction or privately on seven days' notice to buyer, (c) take any such other action as Profiles in its sole discretion deems necessary or appropriate. Should Profiles resell the property, the original defaulting buyer shall be liable for the payment of any deficiency in the purchase price and all costs and expenses associated therewith , including but not limited to warehousing, sales-related expenses, reasonable attorney fees and court costs, commissions, incidental damages and any other charges due hereunder which were not collected or collectable. In the event that such buyer pays a portion of the purchase price for any and all lots purchased, Profiles shall apply the payment received to such lot or lots that Profiles, in its sole discretion deems appropriate. Any buyer failing to comply with these Conditions of Sale shall be deemed to have granted Profiles a security interest in, and Profiles may retain as collateral such security for such buyer's obligations to Profiles, any property in Profiles' possession owned by such buyer. Profiles shall have the benefit of all rights of a secured party under the Uniform Commercial Code (U.C.C.) as adopted by the state of California. 10. Profiles does not provide any warranties to buyers or prospective buyers, whether express or implied, beyond those expressly provided for in these Conditions of Sale. All descriptions, photographs, illustrations, and terminology including but not limited to words describing authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the catalog, bill of sale, invoice, or anywhere else, represent a good faith effort made by Profiles to accurately represent the lots and property offered for sale as to origin, date, condition, and other information contained therein. Price estimates (which are determined well in advance of the sale and are therefore subject to revision) are provided solely as a guide to prospective buyers and are not intended nor shall they be deemed to be representations of actual value or predictions of final bid prices. Notwithstanding the above and except as expressly provided herein, all property and lots are sold "as is" and neither Profiles nor the consignor makes any representation or warranty, express or implied, as to title, merchantability, fitness for intended use, condition of the property, or correctness of description, genuineness, attribution, provenance, condition or period of the property or as to whether the buyer acquires any copyrights or other intellectual property rights (including any reproduction rights) or whether the property is subject to any limitation such as "droit morale" (moral rights) or other rights affecting works of art, prospective bidders are urged to personally inspect the lots or otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding. No employee or agent of Profiles is authorized to make any representation or warranty, oral or written, with respect to any lot or property on behalf of either Profiles or the consignor. 11. In the event that Profiles is prevented by fire, theft or any other reason from delivering any property to the buyer, the liability, if any, of Profiles, shall be limited to the amount actually paid for the property by the buyer. In no event shall Profiles be liable for incidental or consequential damages of any kind. 12. The buyer agrees that damages recoverable by him for any reason shall be strictly limited to recovery of the original purchase price paid for the lot or property. the buyer expressly agrees that profiles shall not be liable in whole or in part, for, and the buyer shall not be entitled to recover, any special, indirect, incidental or consequential damages including loss of profits or value of investment or opportunity cost. 13. In the event that the buyer is dissatisfied with lots or property sold hereunder for any reason, the procedure and limited remedy provided in this section constitutes the sole and exclusive procedure and remedy for the buyer in lieu of any other remedy which might be available to buyers by law. If within a reasonable time (in no event later than 30 days following the date of sale), the original purchaser serves written notice to Profiles alleging that the authorship of any lot is not substantially correct based upon a fair reading of the catalog and within ten days thereafter returns the lot to Profiles in the same condition as at the time of sale and establishes the allegation to the satisfaction of Profiles unless otherwise indicated in the catalog description or unless physical inspection revealed or reasonably should have revealed a self-evident lack of authenticity or unless attribution of authorship is based upon current scholarly opinion which is inherently subject to change, then the sale of the lot will be rescinded, and the purchase price will be refunded less any amounts already been paid to the consignor in connection with the sale. If, prior to receiving such notice from the original buyer, Profiles has paid moneys owed to the consignor in connection with the sale, Profiles shall pay the original buyer the amount of Profiles' commissions, any other proceeds received by Profiles on the sale and applicable taxes received from the buyer, and Profiles shall make demand on the consignor to pay the balance of the original purchase price to the original buyer. Should the consignor fail to pay such amount promptly, Profiles shall disclose the identity of the consignor and assign to the original buyer all of Profiles' rights against the consignor with respect to such lot or property sold to the original buyer. Upon such disclosure and assignment, liability, if any, of Profiles with respect to said lot or property shall automatically terminate. The rights provided herein are for the original buyer only and they may not be assigned or relied upon by any subsequent transferee or assignee. The buyer hereby accepts the benefit of the consignor's warranty of title and other representations and warranties made by the consignor for the buyer's benefit. Nothing in this section shall be deemed an admission by Profiles of any representation of fact, express or implied, or obligation, responsibility or liability with respect to any lot or property. Authorship under this section means the creator of a signature, book, manuscript or other article or to the period , culture, source or origin as the case may be, with which the creation of the book, manuscript or other article is identified in the description of the article in the manuscript. Lots containing ten or more items are not returnable under any circumstance. 14. For buyers who do not remove purchased property from Profiles' premises, Profiles, in its sole discretion and solely as a service and accommodation to buyers, may arrange to have purchased lots packed, insured and forwarded at the request, expense and risk of buyer. Profiles assumes no responsibility or liability for acts or omissions in such packing or shipping by Profiles or other packers and carriers, whether or not recommended by Profiles. Profiles does not assume any responsibility or liability for damage to frames, glass or other breakable items. Where Profiles arranges and bills for such services via invoice or credit card, Profiles will include an administration charge. 15. These Conditions of Sale constitute the entire Conditions of Sale. They may be amended, varied or supplemented only by sale room notice posted on or before the day of sale or by oral announcement during the sale. If any part of these Conditions of Sale are for any reason deemed invalid or unenforceable, the remaining portions shall remain fully enforceable. Estimate Prices In addition to descriptive information, each entry in this catalog includes a price range which reflects the opinion of our specialist as to the price expected at auction. These are based upon prices recently paid at auction for comparable property and take into account condition, rarity, quality and history of previous ownership (provenance). Estimates are prepared well in advance of the sale and are subject to revision; they do not include the buyer's premium or sales tax. (See under separate heading.) Where "Estimate on Request" appears, please contact the specialist department for further information. Reserves The reserve is the minimum price the seller is willing to accept and below which a lot will not be sold. This amount is confidential and will not exceed the low pre-sale estimate. Conditions of Sale Before you bid, you are urged to read the Conditions of Sale which contain Profiles's limited warranty, immediately following these pages. The Conditions of Sale are controlling over these general guidelines, and they set forth the terms governing the purchase of all property sold at auction. The limited warranty specifies the terms and conditions upon which Profiles guarantees the authenticity of property offered for sale. Owned or Guaranteed Property Profiles generally offers property consigned by others for sale at public auction. Occasionally, lots are offered which have in the course of the sale process become the property of Profiles's. Buyer's Premium and Sales Tax The actual purchase price will be the sum of the final bid price plus the buyer's premium of 15% of the hammer price. California sales tax shall automatically be added to the purchase price unless exempted. Before the Auction You can attend pre-sale viewing for all our auctions at no charge. All property to be auctioned is usually on view for several days prior to the sale. You are encouraged to examine lots thoroughly and to request condition reports (see below). Profiles's specialists and customer service staff are available to give advice at all viewing or by appointment. Hours of Business Profiles is open from 8 a.m. to 5 p.m. on weekdays. The viewing schedule for the auction is published in the front of the auction catalog. Condition Reports If you wish to obtain additional information on a particular lot, or cannot appear at the viewing, Profiles may provide, upon request, a condition report. We remind prospective buyers that descriptions of property are not warranted and that each lot is sold "as is" in accordance with the terms of the limited warranty. Condition reports are provided as a service to interested clients, but the information furnished does not negate or modify the limited warranty. Neither Profiles nor the seller makes any express or implied warranty or representation as to the condition of any lot offered for sale, and no statement made at any time, whether oral or written, shall constitute such a warranty or representation. Registration If you are planning to bid at auction, you will need to register with us. Please arrive 20 or 30 minutes before the sale to complete bidder registration and to receive a numbered paddle to identify you if you are the successful bidder. If you are a new client, or if you have not made a recent purchase at Profiles, you may be asked to supply a bank reference when you register. To avoid any delay in the release of your purchases, we suggest that you pre-arrange check or credit approval. If so, please contact Profiles at (310) 859-7701 or by fax at (310) 859-3842. The Auction All auctions are open to the public, free of charge. You do not have to bid or register for a paddle. However, if the auction floor is full only registered bidders will be admitted. Bidding Property is auctioned in consecutive numerical order, as it appears in the catalog. The lot being offered is usually shown at the front of the salesroom or on scheduled preview days. The auctioneer will accept bids from those present in the salesroom or absentee bidders participating by telephone, internet or by written bid left with Profiles in advance of the auction. The auctioneer may also execute bids on behalf of the consignor to protect the reserve, either by entering bids in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor at or above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve. Bidding Increments Bidding generally opens below the low estimate and advances in the following increments: $50 to $500 by $25 $500 to $1,000 by $50 $1,000 to $2,000 by $100 $2,000 to $5,000 by $250 $5,000 to $10,000 by $500 $10,000 to $20,000 by $1,000 $20,000 to $50,000 by $2,500 $50,000 to $100,000 by $5,000 $100,000 to $250,000 by $10,000 $250,000 and up-Auctioneer's discretion The auctioneer may vary the increments during the course of the auction at his or her discretion. Currency Conversion Profiles may, as a convenience to bidders, use a currency conversion board during the auction to display the amounts being bid converted into several foreign currencies. These converted amounts are approximations only and may not represent the exact exchange rate at any given time. Absentee Bids If you cannot attend an auction, you may bid in other ways. The most common is the absentee bid, sometimes called an "order bid." Absentee bids are written instructions from you directing Profiles to bid for you on one or more lots up to a maximum amount you specify for each lot. Profiles staff will execute your absentee bid as reasonably as possible, taking into account the reserve price and other bids. There is no charge for this service. If identical bids are submitted by two or more parties, the first bid received by Profiles will take preference. The auctioneer may execute bids for absentee bidders directly from the podium, clearly identifying these as order bids. Absentee Bid Forms are available in the back of every auction catalog and also may be obtained at any Profile's location. Telephone Bids Profiles may also execute your bids if you cannot come to the auction and wish to participate by telephone. Arrangements should be confirmed at least one day in advance of the sale with Profiles at (310) 859-7701. Profiles staff will execute telephone bids from designated areas in the salesroom. This service is also free of charge. Internet Bids Profiles is please to offer live Internet bidding through Ibidlive.tv at the URL www.ibidlive.tv. To ensure proper registration, those bidders intending to bid via the Internet should visit this site and register accordingly fully one day prior to the actual auction. If you have questions about this feature, please call PIH well in advance of the auction. Winning bidders will be notified by Profiles. Please note that on some occasions beyond the control of Profiles, the Live Auctioneer bid software or the Internet itself may not physically keep up with the pace of the auction. In order to help avoid disappointment, Profiles recommends placing a realistic absentee bid now. Occasionally the auctioneer may eliminate or reject a Live Auctioneer Live bid, and the auctioneer may also reopen a lot after the close of the Live Auctioneers live bidding (typically but not always because a floor bid or a telephone bid was missed), and your bid may be rejected even if you were shown to be the winning bidder. By bidding via Live Auctioneers, you acknowledge and agree that Profiles may award the lot to another bidder at its sole and final discretion under the circumstances described above or under any other reasonable circumstances. Since Live Auctioneer bids are not shown to Profiles until Profiles opens the lot on the floor, Profiles treats those bids the same as floor or telephone bids. In most cases, however, the floor and/or telephone responds before the Live Auctioneer bid is presented, due to Live Internet bid software or Internet lag time, so for consistency it is Profiles’s policy that floor bids and telephone bids are always considered first over Live Auctioneer bids with floor bids being considered before telephone bids. Also please note that all Profiles lots purchased through Live Auctioneers carry an 18% Buyer's Premium. Profiles strongly urges the bidder to resolve any questions about these policies or their implementation PRIOR TO BIDDING. Successful Bids The fall of the auctioneer's hammer indicates the final bid. Profiles will record the paddle number of the buyer. If your salesroom or absentee bid is successful, you will be notified immediately after the sale by mailed invoice. Unsold Lots If a lot does not reach the reserve, it is bought-in. In other words, it remains unsold and is returned to the consignor. When the auctioneer hammers down a lot that fails to sell, he will so indicate by announcing that the lot has been "passed," "withdrawn," "returned to owner" or "bought-in." After the Auction Payment Under normal circumstance, you are expected to pay for your purchases within seven calendar days of the sale and to remove the property you have bought by that date. Payments can be made by check, cash(in house only), credit card, money order or bank wire transfer. To avoid any delivery delays, prospective buyers are encouraged to supply bank or other suitable references before the auction. Shipping After payment has been made in full, Profiles may, as a service to buyers, arrange to have property packed, insured and shipped at your request and expense. For your convenience, a shipping form is enclosed with your invoice and is also available through our Shipping Department at (310) 859-7701. In circumstances in which Profiles arranges and bills for such services via invoice or credit card, we will also include an administration charge. Packages shipped internationally will have full value declared on shipping form. Sales Results Price lists are sent automatically to catalog subscribers and absentee bidders shortly after each sale and are available to others on request. The price list will not include lots that were withdrawn or failed to sell. The price paid for any bought-in lot sold within 24 hours of the auction may be included on the list of prices realized but will be marked to indicate that such price was not realized at the auction. In addition, interested clients can obtain sale results for specific lots during and after the auction by calling Profiles at (310) 859-7701. The Seller Auction Estimate If you are considering selling your property, Profiles can provide a non-binding verbal estimate of its auction value free of charge. You can bring items into our Los Angeles salesroom at any time during normal business hours. To ensure meeting with the specialist we encourage you to make an appointment in advance with the department. If a visit is not practical, please send a clear photograph together with dimensions and any other pertinent information that you may have. Estate Services Profiles works closely with lawyers, bankers and others with responsibility for dispersing estates. Please call (310) 859-7701 for information about these estate services. Consignment Agreement If you decide to sell your property at auction, the procedures are simple and you should find Profiles specialist and administrative staff helpful to you throughout the process. After discussions with our specialists, you will receive a contract (Consignment Agreement) to sign, setting forth terms and fees for services we can provide, such as insurance, shipping and catalog illustrations. For all categories, Profiles's standard consignor commission rates are 15% of the final bid price. Profiles generally charges a minimum commission of $100 for each lot sold. Profiles specialists will discuss with you a suggested reserve price and our recommendations for pre-sale estimates for each piece of property you consign for sale. The terms and conditions contained in the Consignment Agreement will be controlling over these general guidelines and you are urged to read them thoroughly. Delivery of Property to Profiles After you have consigned property to us for sale, you can either bring your property to Profiles yourself, arrange with your own shipper to deliver it to us or Profiles's specialist department can arrange for it to be shipped through their shipping department. We are always happy to assist you. For more information please contact us at (310) 859-7701. Property usually arrives at Profiles at least three months before the sale in order to allow our specialist time to research, catalog and photograph the items. Prior to the auction your property is generally stored without charge at Profiles's facilities. Pre-Auction Notification Several weeks before the scheduled sale, along with thousands of Profiles's worldwide subscribers, you will receive a copy of the sale catalog in which your property is offered. You will also find enclosed with your catalog a form indicating your property's lot numbers and confirming the reserves. Post-Auction Notification Within a few days after the sale, you will receive a post-sale advice listing the final bid price or, in the event that the property failed to sell, notification that it was bought-in to be returned to you. At any time during or after an auction, you can obtain the selling price for any lot by calling (310) 859-7701. After approximately 30 business days following completion of the sale, pending payment by the purchaser, you will be sent payment for your sold property and a settlement statement itemizing the selling commission and other damages. Important Notices Notice Regarding Copyright Profiles shall make no representation to the buyer to the effect that he or she may acquire any intellectual property rights, including copyright, which would permit reproduction of any works in this sale.