Awesome Books, Awesome Items, Great Buys!

Terms & Conditions - Fitzgeralds Antiquities and Fine Books THE "TERMS and CONDITIONS OF THE SALE ATTACHED HERETO, FORM PART OF THIS BIDDER CONTRACT. BY BIDDING IN THIS AUCTION, YOU ACKNOWLEDGE RECEIPT OF AND AGREE TO HAVE READ AND ARE TO BE BOUND BY THE TERMS and CONDITIONS OF THIS BIDDER CONTRACT. AUCTION CONTRACT AGREEMENT - 1)TERMS and CONDITIONS By submitting your bid, and bidding in this auction, you are agreeing to the Terms and Conditions of the sale and that You have read and agree with all the Auctioneer Terms and Conditions of this sale. The following Terms and Conditions of Sale to Bidders are conditions upon which all property is offered for sale by Fitzgeralds (the auction house). By bidding at auction (whether present in person or by agent, by written or telephone bid, or by any other means) the buyer agrees to be bound by these Conditions of Sale. Additional terms and conditions, and/or amendments to the terms, may be posted or announced from the auction block prior to the sale and shall be equally binding. - 2)WARRANTY and ESTIMATES Property is sold "as is" and "where-is" and sold not subject to return unless agreed to by the auction house or listed on the item being bid on. Contact us if you have any issues and we will try to work it out. Fitzgeralds makes no warranties or representations of any kind or nature with respect to the property or its value. No statement (oral or written) in the catalog (online or print) by Fitzgeralds (or by their respective agents), at the sale, or elsewhere shall be construed as a warranty, express or implied. Condition statements, grades, weights, and any other statements regarding any lot are statements of opinion only. Antiquities are not guaranteed to be correctly dated as there are tests for close dating and they can even differ from different test labs. If test lab or authenticity documents are available this will be noted on the auction site. Neither Fitzgeralds (nor any agent or representative thereof) makes any representation that the purchaser of print material, antiquities, or works of art will acquire any copyright or reproduction rights thereto. The estimates provided are intended as a guide to bidding. The figures are educated guesses based on recent trends, and such estimates reflect our opinion as to the amount for which a lot will sell in an auction setting. The estimates are exclusive of the buyer's premium and may be revised at any time prior to the auction. Final bid prices may be significantly higher or lower than the estimated valued figure. The estimates are often a small fraction of retail prices one may or may not find for similar items on the retail market, and thus, the estimates do not imply any warranty or guarantee of retail or intrinsic value. All lots are sold as-is, where-is and with no warranties implied unless added to the item being auctioned. Each item listed is represented as its own information. - 3)IDENTIFICATION and CREDIT in ORDER TO BID Government-issued ID, preferably a current driver's license, or credit debit card with validation of ownership is required to register for high spending amounts. For out-of-town bidders, a photocopy or facsimile of ID is enough if a credit card is validated. Bidders registering for the sale may, at our discretion, be required to provide credit references, additional proof of identity or any other details Fitzgeralds deems necessary to establish the bidder's credibility. Bidders out of the USA and some online bidders to bid over a certain dollar amount may be required to provide the credit card information to us prior to the auction to secure their bids even with proper ID. Any lots won, and shipping charges will be charged to the credit card provided and billed in US currency. Fitzgeralds requires a pre-authorized credit card on file for bidders because of past non-paying bidders. We are sorry for this to bidders that fulfill their bidder agreements. The card will not be billed until after the auction process. - 4)INSPECTION of PROPERTY Property is sold "as is" and "where-is" and sold not subject to return unless agreed to by the auction house or listed on the item being bid on. Fitzgeralds makes no warranties or representations of any kind or nature with respect to the property or its value. Prospective bidders or their agents should request any information they may need prior to the auction. Fitzgeralds staff is available to advise prospective bidders before sale exhibitions and by appointment. Catalog descriptions are provided for the bidder's consideration but should not be construed as a substitute for physical examination of the property. All lots are available for more information or photos prior to sale, and bidders are encouraged to inspect lots, or pictures and documents prior to bidding and ask any questions needed to confirm what they are bidding on. There should be all attempts to confirm what you are bidding on as Fitzgeralds accepts no responsibility for bidders not retrieving information or inspecting what they are bidding on. After bidding the bidder must accept what they have purchased without recourse or refund in any matter. We can be contacted at 1-800-843-2658 or 804-213-0404, Monday thru Friday, 8:30 to 5:00 EST. - 5)BIDDERS All persons attending the in-house auction or online auction must obtain a bidding number prior to bidding. Regardless of the bidding method, each bidder is required to register for the sale and has agreed with the Bidder Contract by obtaining a bidder number. - 6)ABSENTEE BIDS Bids will be executed competitively by Fitzgeralds on the bidder's behalf. Bids by absentee should be stated in U.S. dollars using the Absentee bidder form available by request from Fitzgeralds by email or by postal mail. The phone call in bids is accepted with card or bank letter on file. - 7)BIDDING and PROCEDURES All bids are to be per lot as numbered in the catalog. Fitzgeralds reserves the absolute right to withdraw any property at any time including during the bidding process. Fitzgeralds also reserves the right to refuse any bid from any bidder. The auctioneer is the sole judge as to the amount to be advanced by each succeeding bid. The auctioneer may modify the increments at any time. The highest bidder acknowledged by the auctioneer shall be the purchaser. On the fall of the auctioneer's hammer, title to the offered lot or article will pass to the highest acknowledged purchasing bidder or buyer, who thereupon immediately assumes full risk and responsibility therefor, and who will pay the full purchase price therefor. The purchase price paid by a purchaser shall be the sum of the final bid and a buyer's premium as posted added to the final bid on each lot ("the Buyer's Premium"), plus all applicable sales taxes and shipping charges. Tax-exempt bidders must provide proof of exemption at the time of registration. Fitzgeralds (or agents thereof) reserves the right to bid on behalf of phone or absentee bidders or pass lots during the bidding process as may be necessary to protect Consigner seller reserves. Any collusion by bidders to affect selling prices is strictly prohibited, and any parties found to be engaged in such activity may fully be prosecuted of the law. 8)BIDDER DISPUTES and FILING TIME PERIODS for PURCHASER CLAIMS In the event of any dispute between bidders or auction house, the auctioneer shall have absolute discretion either to determine the successful bidder or to re-offer and resell the lot listed in the dispute later. If any dispute arises after the sale, Fitzgeralds Antiquities sales records shall be conclusive as to the purchaser, amount of highest bid, and in all other respects. Fitzgeralds has the right to cancel the item bid on altogether if a bidder becomes adamant in not agreeing with the terms after winning the bid. Except as may be otherwise expressly provided herein, any and all claims of a purchaser shall be deemed to be waived and without validity, unless delivered in writing by registered mail return receipt requested to Fitzgeralds Antiquities within fifteen (15) calendar days of the date of sale. - 9)ITEMS MISSING or UNAVAILABLE ITEMS Fitzgeralds also reserves the right to cancel any items won if items are damaged or deemed missing or made unavailable after the auction has taken place. Any billing paid that has taken place will be refunded if collected or not billed at all if found out problems exist before the item is drawn for shipping or pick up. Consignment items are contingent upon the consignee fulfilling their contract with Fitzgeralds. Fitzgeralds is not responsible for issues deriving from Consignee issues to buyer accept refunding money if the product is made unavailable. - 10)WINNING BIDDERS PAYMENTS and TIME PERIODS Payment is due at the end of the sale for all bidders, floor bidders must pay before leaving or receiving the item. Out of town, online bidders, phone in bidders, and out of country bidders will be sent an invoice. Even though the invoice amount is due at the end of the auction these bidders will be allowed up to 5 days from the auction date to complete payment. Other terms can be requested by contacting the auction house. Invoices will generally be sent to winning bidders within two days after the auction. Longer time periods on invoicing may be depending on whether the auction closing date falls on a weekend or Holiday. The winning bidder agrees to pay a buyer's premium and agrees to all additional terms as posted in this auction. Any issues with paying please contact us. Items purchased must be paid for before shipping and cleared of payment. Any delay in paying while arranging or qualifying to ship will be non-complying with the auction terms of payment first and the bidder will be listed as a nonpaying bidder. Payment may be remitted by Credit Card by calling the auction house or paying through the emailed invoice at a 3.5 percent handling fee, Cash, Cashier's Check-(no personal checks), Money Order, or by Wire. If payment is requiring mail to complete, it must be completed within the 5-day payment time. The mailed payment also should have tracking information to confirm in case of loss. Fitzgeralds Antiquities will not release property to be shipped until the funds have cleared our bank. Wire transfers must be sent in U.S. Dollars, and the buyer is responsible for all costs related to the transfer. Any questions contact us about payment at (804-213-0404) or 1-800-843-2658. - 11)SALES TAX All items purchased are subject to payment of City and State sales taxes unless the purchaser presents proof of exemption therefrom. Purchases will not be released unless all sales tax requirements are satisfied. All tax exemptions certificates or forms must be given to Fitzgeralds prior to the auction. Purchases shipped outside of the State of Virginia are subject to sales tax (6%) unless a) the buyer provides proof of tax-exemption and sends us a completed tax exemption resale certificate form prior to the auction, or b) the purchaser is not a resident of Virginia and items are being shipped outside of Virginia must have their own states sales tax exemption listing Fitzgeralds Antiquities as the selling agent sent to Fitzgeralds prior to the auction. - 12)NON-PAYING BIDDERS If the foregoing conditions or any other applicable conditions herein are not complied with, Fitgeralds reserves the right to a full collection for the sale and any losses incurred. This includes other remedies available to Fitzgeralds and the Consignor by law (including without limitation the right to hold the purchaser legally liable for the bid price and all expenses incurred by collections or the legal process of collection including all legal fees.) Fitzgeralds may resell the property, either publicly or privately, within 10 days after the auction if the terms are not completed. The buyer loses all rights to the property and will be listed as a nonpaying bidder after 5 to 10 days from the auction date as determined by the auction house. - 13)REMOVAL of ITEMS AFTER WINNING Once the bidder wins the auction the item is considered the property of the purchasing bidder. All property shall be removed from Fitzgeralds at the purchasing bidder's expense five (5) days following its sale for online, phone in, or out of town bidders. Any lots not removed from our premises (and/or storage facility) within 15 calendar days of the auction date will be forfeited. After this time Fitzgeralds has the right to resale the item no longer belonging to the bidder and list the bidder as a non-compliant bidder with no exceptions. The buyer under circumstances may contact us and arrange longer periods by email and our agreement. - 14)LOCAL SHIPPERS and SHIPPING CONSIGNMENT All shipments must be arranged within 5 days from the auction date unless the item is a consignment item, and a longer time is needed to complete the shipment for receiving the item to complete the shipment. Shipment may be made by any professional shipper the buyer desires to use or by the shipping company at Fitzgeralds complex. Fitzgeralds will give a list of local shippers on the payment invoice only if requested. If an outside shipper is not requested within 24 hours, Fitzgeralds will automatically assume the buyer wants to use the independent packaging shipping company at the Fitzgeralds complex and add their shipping cost to the invoice to avoid multiple invoices. Fitzgeralds do not allow items to be picked up by the bidder unless attending an in-house auction for the 24-hour period given to remove items. No online, phone bidders or their representative may pick the items up. All items are shipped. Once the hammer drops the product belongs to the buyer. Fitgeralds takes no responsibility for an item once a bidder has won it. Fitzgeralds offers shipping from an independent packaging-shipping company at our complex. The billing is a rate that is normally less expensive than any other outside shipping company as they are not doing it for a high profit but for adding to their shipping volume. After the auction Fitzgeralds will release the items to them unless otherwise instructed to do so in writing before payment is made. Release for shipping will take place within 10 business days from the time of payment unless the item sold is delayed as a consignment item which still must be shipped to Fitzgeralds. Call 1-800-843-2658 or 804-213-0404 to arrange any other shipment criteria. All in house shipping cost will be billed with the auction bill and calculated once the auction ends. Fitzgeralds Antiquities accepts no responsibility for the buyer's items during this process. Once the hammer drops the product belongs to the buyer. Fitzgeralds will not be responsible for any loss, damage, or delay resulting from the packing, handling, and shipping thereof. Everything shipped from our complex will be insured requiring signature acceptance upon delivery. Fitzgeralds is not responsible for forwarding shipments to any change of address other than the address listed as the original bidder?s address. Sometimes the shipper misses address changes, and we suggest the changes be corrected before bidding. If loss or damage takes place the buyer will be expected to use their tracking number and file the proper claims with the shipper USPS, UPS or FedEx, or whichever company is contracted for the items shipping delivery. Please be sure that the shipping address shown on your account is accurate. If an item is shipped to the address which the bidder provides and the shipment is undeliverable (due to an error, buyer's negligence, or absence), then the buyer is responsible for the return shipping costs we incur when the item is returned to us as well as the re-shipping of the item back to them. There are no pick-ups of items from the auction house by online or phone in bidders or any other party representing the winning bidder. (In house bidders or phone in bidders) If the auction house has in-house bidders or phone in bidders, the auction house bidders must have secured payment before bidding and will have 24 hours to remove the items from the auction site. After this, there will be shipping only. - 15)BIDDERS and PURCHASERS RIGHTS 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. No purchaser shall be entitled to any remedy, relief, or damages beyond the return of the property. This is only if the return is accepted by the auction house and return procedures are followed by sending in writing, by registered mail return receipt requested to Fitzgeralds Antiquities within fifteen (10) calendar days of the date of sale. This indicates the rescission of the sale and refund of the purchase price only. A refund will be made once the return has been made and the item is inspected to be in the condition as it was when sold. Without limitation, no purchaser shall be entitled to damages of any kind. Fitzgeralds has the right to cancel any bid if the item becomes unavailable for any reason after the bidding has ended. No waiver or alteration of any of these Terms or Conditions of Sale to Bidders shall be effective unless it is in writing and signed by a representative of Fitzgeralds or unless it is officially announced by the auctioneer from the auction block prior to sale. All Legal matters involving the rights and obligations of all parties shall be governed by the laws of the State of Virginia. All Bidders, Purchasers, and Auction House are subject to the personal jurisdiction of the Virginia State Courts and their rules and procedures in the event of any legal dispute or claim against the Auction House or Bidder. - 16)CONSIGNORS and BOOK PURCHASES Fitzgeralds sells items on consignment under a Consignor contract. We also buy Antique Books for resale from individuals and bookstores. If interested in Fitzgeralds consigning an item for auction or selling an antique book to us, please contact us at 1-800-843-2658 or email us at fitzant@outlook.com ADDITIONAL INFORMATION SELLER Fitzgeralds Antiquities, Fitzgeralds Antiquities and Fine Books, Fitzgeralds and the Auction House are all one and the same and are a representation of the same entities and are considered the Auctioneer or Seller. BIDDER Bidder is the Purchaser or buyer and is one and the same. By submitting your bid, and bidding in this auction, you are agreeing to all the following Terms and Conditions of this Agreement. AUCTION TYPES: AUCTION with RESERVES Lots are sold subject to a reserve, which is the confidential minimum price, or the lot will not be sold. The reserve will never be higher than the low pre-sale estimate. In many cases, the auctioneer will implement such a reserve by opening the bidding at the reserve price. ABSOLUTE AUCTION Lots are sold without a reserve and are sold at the last highest bidder call on the fall of the auctioneer's hammer. There is no minimum bid past the starting bid. Some lots may be passed if deemed by the auctioneer to do so.

Property is sold "as is" and "where is" and sold not subject to return unless agreed to by the auction house or listed on the item being bid on. Fitzgeralds makes no warranties or representations of any kind or nature with respect to the property or its value. Prospective bidders or their agents should request any information they may need prior to the auction. Fitzgeralds staff is available to advise prospective bidders before sale exhibitions and by appointment. Catalog descriptions are provided for the bidder's consideration but should not be construed as a substitute for physical examination of the property. All lots are available for more information or photos prior to sale, and bidders are encouraged to inspect lots, or pictures and documents prior to bidding and ask any questions needed to confirm what they are bidding on. There should be all attempts to confirm what you are bidding on as Fitzgeralds accepts no responsibility for bidders not retrieving information or inspecting what they are bidding on. After bidding the bidder must accept what they have purchased without recourse or refund in any matter. We can be contacted at 1-800-843-2658 or 804-213-0404, Monday thru Friday, 8:30 to 5:00 EST.