Rare Autographs, Manuscripts, Etc. Auction

Conditions of Sale for Auction The following constitutes the entire terms and conditions on which property listed in the catalogue shall be offered for sale or sold by One Of A Kind Collectibles LLC. and any consignor of such property for whom we act as agent. 1. As used herein the term "bid price" means the price at which a lot is knocked down to the purchaser and the term "purchase price" means the aggregate of (a) the bid price, (b) A PREMIUM PAYABLE BY THE PURCHASER OF 20% OF THE BID PRICE and (c) Florida state or local sales tax if applicable. 2. This is an Online, Mail, Phone, Email and Fax Bid Auction. As of closing time printed below, the highest bidder shall be deemed to have purchased the offered lot in accordance with all of the conditions set forth herein and thereupon (a) assumes full risk and responsibility therefore (b) if requested will sign a confirmation of purchase, and (c) will pay the purchase price in full or such part as we may require for all lots purchased. No lot may be transferred. All property shall be shipped at the purchaser?s expense. Each sale made pursuant to these Conditions of Sale will be deemed to constitute a grant of a security interest by the purchaser to us in, and we may retain as collateral security for the purchaser?s obligations to us, any of the purchaser?s property in our possession, and we may apply against such obligations all monies held or received by us for the account of, or owing to, the purchaser. Whenever the purchaser pays only a part of the total purchase price for one or more lots purchased, we may apply such payments, in our sole discretion, to the lots we chose. Payment will not be deemed made in full until we have collected all amounts due in cash or good funds represented by cleared checks or cashier checks. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to us and the consignor by law, including but without limitations, the right to hold the purchaser liable for the purchase price, we at our option may either (a) cancel the sale, retaining as liquidated damages all payments made by purchaser or (b) resell the property, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs and expenses of both sales, our commission at our standard rates, all other charges due hereunder, attorney?s feel and incidental damages. 3. All Lots sold by One Of A Kind Collectibles are accompanied by a Certificate of Authenticity. On any lot presented with a Certificate of Authenticity ("COA") issued by One Of A Kind Collectibles, that warranty insures only to the original Bidder (as shown in Auctioneer's records) "Bidder". Bidder may not transfer the rights afforded under the COA and it is null and void when Bidder transfers or attempts to transfer the lot. The COA warranty is valid from date of the auction in which Bidder was awarded the lot to three (3) years after its purchase. The COA warranty is valid as to its attribution to the person or entity described or to the lot's usage. The Bidder as well as their heirs, successors and assigns is also given an unconditional lifetime guaranteed that allows the present owner of any lot purchased through One Of A Kind Collectibles the right to consign with One Of A Kind Collectibles. When the lot is accompanied by a Certificate of Authenticity (or its equivalent) from a third-party authentication provider, buyer has no right of return. On lots not accompanied by third-party authentication or under extremely limited circumstances not including authenticity (e.g. gross cataloging error), a Bidder who did not bid from the floor may request Auctioneer to evaluate voiding a sale; such request must be made in writing detailing the alleged gross error, and submission of the lot to Auctioneer must be pre-approved by Auctioneer. A Bidder must notify the appropriate department head in writing of the Bidder's request within three (3) days of the non-floor bidder's receipt of the lot. Any lot that is to be evaluated for return must be received at the office of One Of A Kind Collectibles within 35 days after Auction. AFTER THAT 35 DAY PERIOD, NO LOT MAY BE RETURNED FOR ANY REASONS. Lots returned must be in the same condition as when sold and must include any Certificate of Authenticity. If a bidder wishes to challenge the Letter of Authenticity within the three (3) year warranty period, Bidder must present with the claim, authoritative written evidence that the lot is not authentic as determined by a known expert in the field. If Auctioneer concurs that the lot is not as represented, Bidder shall be refunded their purchase price. If the Auctioneer denies the claim, the Bidder may file the dispute with the American Arbitration Association with locale in Miami Florida, Dade County, before a single selected Arbitrator selected by the American Arbitration Association. The American Arbitration Association arbitration shall be conducted under the provisions of the Federal Arbitration Act and the Bidder consents to jurisdiction in The State of Florida. The challenge to Authenticity must be brought within one (1) year if the Auctioneer denies the claim. After one (1) year, the Bidder hereby releases and discharges One Of A Kind Collectibles from any and all legal, equitable, administrative and/or other claims, counterclaims, demands, setoffs, defenses, accounts, suits, debts, dues, actions, causes of action, proceedings, arbitrations, damages, executions, judgments, findings, controversies and disputes, whether known or unknown or suspected or unsuspected, whether in law or equity, that the Bidder have or may have had against One Of A Kind Collectibles arising from or relating to any claim whatsoever. Specifically, the COA provided by One Of A Kind Collectibles, does not provide for incidental or consequential damages or other indirect damages. Any lot sold with a certificate of authenticity or other warranty from an entity other than Auctioneer is subject to such issuing entity's rules and such conditions are the sole remedy afforded to Bidder. For information as to third party authentication warranties the bidder is directed to contact One Of A Kind Collectibles. Items may also be returned if the catalog description differs significantly from the item?s actual state; such returns must be made within three (3) days of purchaser's receipt of the lot(s). All returned lots must be in the same condition as shipped. All items are in very good condition unless stated otherwise. 4. We reserve the right to withdraw any property at any time before the actual sale. We reserve the right to reject a bid from any bidder. The highest bidder acknowledged by us shall be the purchaser. In the event of any dispute between bidders, or in the event we doubt the validity of any bid, we shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article. If any dispute arises after the sale, our sales records shall be conclusive in all respects. If we are prevented by fire, theft or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid therefore by the purchaser and shall in no event include any incidental or consequential damages. 5. If a lot is offered subject to a reserve (the confidential minimum price below which the lot will not be sold), we may implement such reserve by biding on behalf of the consignor, whether by opening bidding or continuing bidding in response to other bidders until reaching the reserve. One Of A Kind Collectibles LLC. may own some or many of the lots in this sale. 6. We have tried to accurately describe every item in this catalog. Condition description ranges are: fair, good, very good and fine Fair being the lowest level and fine being the best condition. Substantial defects are noted, minor defects may not be mentioned. If any substantial defect not described in the catalog is discovered by the purchaser, the lot must be returned within two days. This is not an approval sale. Any return for any reason other than authenticity issues will not be accepted. 7. All items are to be paid for by (a) cash, (b) cashier check or (c) personal check made to "One Of A Kind Collectibles", Credit Card payments will be accepted up to $2000 maximum total per bidder. All sales are final. No bid can be withdrawn at any time. All payment must be in U.S. dollars. 8. Full payment is due within 14 days of the ending auction date unless an exception is made in writing. Late payments have a 2.5% fee per month added to them. 9. These Conditions of Sale and the purchaser?s and our respective rights and obligations hereunder are governed by Florida State law. By bidding at an auction, whether by Web, Fax, Mail, Telephone or other means, the buyer or bidder agrees to be bound by these Conditions of Sale. Any dispute, controversy or claim arising out of or relating to the Agreement or the breach, termination or validity thereof, brought by or against One Of A Kind Collectibles LLC. (but not including claims brought against the consignor by the purchaser of lots consigned hereunder) shall be resolved by Arbitrator. 10. The Arbitrator shall be empowered to order specific performance and to award consequential damages and pre-award interest, but shall not be empowered to award punitive damages. The arbitration shall be governed by the U.S. Arbitration Act, 9 U.S.C. 1-16, and judgment upon the award rendered by the Arbitrator may be entered by any court having jurisdiction thereof. Each party shall bear its own attorney?s fees and expenses in connection with such proceedings and shall bear one-half of the Arbitrator?s fees and expenses. 11. These Conditions of Sale shall bind the successor and assigns of all bidders and purchasers and insure to the benefit of our successors and assigns. No waiver, amendment or modification of the terms hereof shall bind us unless specifically stated in a writing signed by us. If any part of these Conditions of Sale is for any reason invalid or unenforceable, the rest shall remain valid and enforceable. 12. We accept bids in advance of sale by Web, Telephone, Email, Fax or Mail. "Buy" bids will not be accepted; all bids must state the highest bid price the bidder is willing to pay. As noted above, a premium payable by the purchaser will be added to the bid price. In the event identical bids are submitted, the earliest will take precedence. We assume no responsibility for failure to execute these bids for any reason whatsoever. 13. Estimated Prices. As a convenience to our clients, we furnish pre-sale estimates for all lots included in the catalogue. These are intended as an approximate guide to our opinion of current market value, and should not be interpreted as a price. The final bid price may well be less than or more than any estimate printed. 14. The purchase of any letter or document does not give the buyer any copyright ownership. 15. Shipment is via Fedex or the USPS unless otherwise instructed. Shipping charges are added to ALL invoices. Items are shipped after receipt of payment.