Done
South San Francisco, CA, United States
Auction Details
Holbrook T. Mitchell: Books & Manuscripts
Holbrook T. Mitchell Collection, Early Books and Illuminated Manuscripts
Lot Number: Lowest
24
Auction Details
Bid Increments
PriceBid Increment
$0$10
$100$25
$500$50
$1,000$100
$2,000$150
$5,000$200
$10,000$250
$50,000$300
$100,000$350
$150,000$400
$200,000$500
Buyer's Premium
- 25%
Terms & Conditions
TERMS & CONDITIONS
Effective: November 23, 2015
Welcome to Turner Auctions + Appraisals' ("Turner," "TAA," "our," "we," or "us") online service that provides auctions on diverse categories of personal property. These Terms and Conditions ("Terms") govern your use of our online auction platform and all related widgets, tools, applications, data, software, and other online services provided by TAA (the "Services").
These Terms, together with our Privacy Policy and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the "Agreement") between you and TAA in relation to your use of the Services.
INTRODUCTION
Acceptance of Terms and Conditions
Please read these Terms, and our Privacy Policy, very carefully. If you do not agree to any of the provisions set out in those documents, you should not use any of the Services. By accessing or using the Services, registering an account, or by viewing, accessing, uploading, or downloading any information or content from or to the Services, you represent and warrant that you have read and understood the Terms and Privacy Policy and will abide by them.
Changes to Terms and Conditions
We reserve the right to change, alter, replace, or otherwise modify these Terms at any time. The date of last modification is stated at the beginning of these Terms. It is your responsibility to check this link/page from time to time for updates.
When we make any updates to these Terms, we will highlight this fact on our website. In addition, if you register an account and these Terms are
subsequently changed in any material respect (for example, for security, legal, or regulatory reasons), we will notify you in advance by sending a message to your TAA account and/or an email to the email address that you have provided to us, and the revised Terms will become effective immediately upon such notification. You will have no obligation to continue using the Services following any such notification, but if you do not delete your account as described in these Terms, your continued use of the Services will constitute your acceptance of the revised Terms.
Eligibility
In order to participate in an auction on the Services, all bidders must: 1) create an account on the Services, 2) be 18 years of age or older, and 3) possess the legal capacity to enter into binding contracts and agreements. Turner, its affiliates, officers, employees, and/or subsidiaries and Sellers may participate in auctions on the Services for themselves or on behalf of a third party.
TAA ACCOUNT
Creating an Account
Anyone who would like to make a bid in an auction ("Bidder") must create an account by registering on our website. Each Bidder must provide his or her name, company (if applicable), mailing address, phone number, email address, and a valid credit card number prior to participating in an auction. By participating in an auction, you agree that all account information is correct and complete, and it is your sole responsibility to maintain account information that is current, complete,
and accurate. Upon completion of an account, each Bidder will receive an Auction Registration Bidder Number to use when bidding in auctions on the Services.
Account Usage
You are solely responsible for maintaining the confidentiality and security of your TAA login and account
information. If your account login information is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify TAA in writing immediately, and should change your password at the earliest possible opportunity. In all cases you are responsible for all activity emanating from your account, whether or not you authorized such activity.
We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend, terminate, or delete your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.
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You may delete your account anytime using the "Delete Account" feature on your account management page, or contacting info@turneronlineauctions.com. Deleting your account will cause all information and data to be removed from the Services immediately and permanently, and you will not be able to participate in any auction until you create a new account. TAA will respond to any appropriate requests
to access, correct, update, or delete your account within a reasonable amount of time and as required by law. TAA may suspend your access to the Services and/or delete your account at any time on its sole discretion.
AUCTION DETAILS
Terms of an Auction
TAA will conduct all auctions conducted on the Services on behalf of the owner(s) of the propert("Seller"). TAA acts only as an auction broker and is not responsible for any acts, descriptions, or representations of any Seller. By bidding in an auction, a Bidder accepts all terms of the auction, including the amount bid, shipping specifications and costs, end time of the auction, and any other
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Item Descriptions, Photographs, and Estimates
Each Seller provides TAA with a description of their items that will be part of an auction on the Services.
While TAA strives to only provide information that it believes is accurate about items on the Services, TAA undertakes no investigation of the information provided by the Seller, and makes no representation or warranty concerning the truth or completeness of the information. TAA is not responsible for any inaccurate descriptions and will not provide any refunds or reductions in price based on any claims or evidence that a description is incorrect, except as otherwise provided by these Terms. Bidders must rely solely on their own investigation and research of any items.
All measurements of items are approximate. Photographs are provided solely for Bidders' convenience and do not create representations or warranties of any kind regarding the item in the auction. A range of estimates may be given for an item with either a low and/or high estimate. Estimates are simply an opinion and should not be relied on as a prediction or guarantee of the actual selling price.
By placing a bid on an item on the Services, you acknowledge that you understand these Terms and waive any and all claims against TAA and/or Seller relating to item photographs, descriptions, or estimates.
Buyer's Premium Fee
A 25% "Buyer's Premium" fee will be added to each item sold, based on the final bid amount for the item and prior to the assessment of any taxes. By placing a bid on an item, the Bidder agrees to pay the
Buyer's Premium fee in addition to the bid amount.
Bidding in an Auction
Once you have created an account on the Services, you may place a bid as soon as a lot opens for bidding. TAA reserves the right to establish a reserve or minimum price on any item without having to post or publish notice to auction bidders. The Services use a "soft close," which provides an authentic auction atmosphere. Items will remain open for three minutes after the latest bid. Please note that lots close at various times and days and may be extended at any time upon the sole discretion of TAA and/or
the Seller. You are solely responsible for monitoring the closing time for each lot.
All bids are final and constitute a binding contract to purchase the item that TAA is offering to sell on the
Services for the amount you bid. By placing a bid on an item on the Services, you agree that you have
examined the item information and the conditions placed upon this information in these Terms, or have
voluntarily chosen not to do so, and will purchase the item if your bid is the highest or only bid. A Bidder
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any other determinative factor of an item in an auction.
By using the Services you understand that hardware malfunctions, software malfunctions, viruses, and
similar technological issues may occur at any time that are beyond the knowledge, scope, and control of
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TAA reserves the right to reject any bid and/or any Bidder at any time, without notice and for any
reason, and at its sole discretion. In the event that your bid is rejected, you will be notified immediately
and your credit card will not be charged. The Seller has the right to make the final bid and TAA has the
right to bid on behalf of the Seller.
Winning an Auction
By submitting a bid in an auction on the Services, you understand that if your bid is the highest, you will
win the auction. If you present the highest bid and TAA and/or Seller accept it, an invoice will be sent to
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auction. The invoice will include payment options for the purchase price. If payment is not received
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If the credit card associated with your TAA account is invalid or declined for any reason, you agree that
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obtain the payment, apply Liquidated Damages as explained below, and/or take any other measures
that it deems appropriate to enforce your agreement to purchase an item in an auction. TAA will not
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ALL SALES ARE FINAL. No refunds will be issued for any reason once payment is received.
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Once the total purchase price and all applicable taxes and fees are paid to TAA for a purchased item,
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risk of loss and damage to the property. All property must be removed from Turner's premises within
five business days after payment is made, and the Bidder is solely responsible for securing a third-party
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TAA does not pack, shop, store, or crate items for removal, and is not responsible for any damage that
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refer to our website for a list of third-party shippers, which the buyer may use or not at
their sole discretion. TAA will only release purchase property to an agent who furnishes (1) proof of
payment in full and (2) an "Agent Release Authorization" form which allows TAA to release items to a
third-party supplier for shipping, crating, or packing purposes.
The Bidder will lose all right, title, and interest which he/she might otherwise have acquired for any
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Liquidated Damages
Failure to pay an invoice in full within 72 hours of receipt of the invoice in accordance with payment
terms will subject the Bidder to pay a sum equal to the lesser of: (a) 20% of the invoice price of the
item(s) on which the default has occurred, or (b) the full amount of the difference between the original
invoice price and the re-sold price, plus any expenses incurred to re-market or re-sell the items. Bidder
shall receive an updated invoice with these new charges once they are assessed, and Bidder will be
responsible for paying all open invoices immediately. TAA reserves the right to send all unpaid invoices
to a collections agency for payment retrieval.
If a Bidder fails to remove purchased items by the Final Removal Date in accordance with the Terms, the
Bidder will be required to pay the full amount of the expenses incurred by Seller and/or TAA to store
and transport items until they are re-sold. If the Bidder has not removed purchased items by the Final
Removal Date, the Bidder authorizes TAA to charge these damages to the credit card provided to pay for
the purchase items.
Changes to Auctions
At its sole discretion and without notification, TAA reserves the right to: a) withdraw or sell any property
contained in an auction prior to sale; b) temporarily or permanently end an auction prior to or during
the stated auction period; and c) extend a stated auction period without notification. If for any reason
TAA is unable to deliver any property purchased by a Bidder, Turner's sole liability will be to return all
sums paid by the Bidder to TAA regarding that property.
DISCLAIMER
THE SERVICES AND ALL ITEMS PURCHASED THROUGH THE SERVICES ARE PROVIDED "AS IS," "AS
AVAILABLE," AND "WITH ALL FAULTS."
WHILE TAA USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES
AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO TURNERS' ATTENTION, TAA MAKES NO
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AUCTION, OR ANY EXTERNAL SERVICES. TAA DOES NOT WARRANT THAT YOUR USE OF THE SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE SERVICES OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE
SERVICES OPERATE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TAA DOES
NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE SERVICES WILL BE SECURE
OR THAT ANY ELEMENTS OF THE SERVICES DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING,
OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT
THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION.
TAA AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE
EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE
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WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER
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LIMITATION OF LIABILITY
TAA AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE
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OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR ANY OTHER MATERIALS OR SERVICES
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TAA AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE
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REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TAA AND ARE FUNDAMENTAL
ELEMENTS OF THE BARGAIN BETWEEN YOU AND TURNER, AND THAT TURNER?S LIABILITY WILL BE
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INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless Turner, its successors, assigns, affiliates,
agents, directors, officers, employees, and shareholders from and against any and all claims, obligations,
damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
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PROHIBITED USES
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auctions, place bids, purchase items, and correspond with TAA in a manner that is directly related to use
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limitation, the following:
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person or company, or making bids in the name of another person;
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5. You must not copy, modify, reproduce, distribute or sell any information or material provided
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You agree to comply with the above conditions, and acknowledge and agree that TAA has the right, in its
sole discretion, to terminate your account or take such other action as we see fit if you breach any of the
above conditions or any of the other Terms. This may include taking court action and/or reporting
offending users to the relevant authorities.
MISCELLANEOUS TERMS
Export Law Compliance
Bidders agree to comply with all state and federal export control and related laws and acknowledge that
TAA is not the exporter of any purchased item. Certain items offered for sale at an auction may be
prohibited or restricted items. Under state or federal law, such items may not be shipped outside of the
state or country. TAA makes no representations or warranty concerning the legality of shipping or
exporting items purchased on the Services, and has conducted no investigation to ascertain which items,
if any, constitute prohibited or restricted items. It is a Bidder?s sole responsibility to ensure that he/she
is following all applicable laws with regards to purchasing, shipping, and receiving items on the Services.
Prohibition on Collusion
By using the Services, Bidders agree they will not participate in any bidding practices with the intent of
manipulating or deceiving the bidding or Turner. Any and all forms of collusion between bidders are
forbidden. TAA reserves the right to delete a Bidder's account immediately for any reason, including
suspecting a Bidder of collusion, deception, providing false information, or any illegal activity.
Third Party Websites
The Services may provide you with access to third party websites, databases, networks, servers,
information, software, programs, systems, directories, applications, products, or services (collectively
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implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or
services provided by such External Services.
External Services may have their own terms of use and/or privacy policy, and may have different
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responsible for reviewing any terms of use, privacy policy, or other terms governing your use of these
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TAA disclaims any and all responsibility or liability for any harm resulting from your use of External
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Assignment to Third Parties
TAA may assign its rights and (where permissible by law) its obligations under this Agreement, in whole
or in part, to any third party at any time without notice including without limitation, to any person or
entity acquiring all or substantially all of the assets or business of Turner. You may not assign this
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Severability
Should one or more provisions of these Terms be found to be unlawful, void, or unenforceable, such
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remaining provisions of the Terms, which will remain in full force and effect.
Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and TAA
with respect to your use of the Services and supersede any prior agreement between you and Turner.
Any modifications to this Agreement must be made in writing.
Third Party Rights
These Terms are not intended to give rights to anyone except you and Turner. This does not affect our
right to transfer our rights or obligations to a third party.
Applicable Law and Jurisdiction
These Terms shall be construed in accordance with and governed by the laws of the United States and
the State of California, without reference to their rules regarding conflicts of law.
Disputes
ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE
BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, INCLUDING THE
DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE
DETERMINED BY ARBITRATION IN SAN FRANCISCO, CALIFORNIA BEFORE ARBITRATOR(S). THE
ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION
RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES OR
PURSUANT TO JAMS' STREAMLINED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE
AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE
PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF
APPROPRIATE JURISDICTION.
Disclosures
The services hereunder are offered by Turner, a California company. More information about TAA is
available by contacting info@turneronlineauctions.com.
ACKNOWLEDGEMENT
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE
TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.
Last Amended: November 23, 2015
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Condition Reports
Please note: The absence of a condition statement does not indicate that a lot is in perfect condition or free from imperfections, the effects of aging, or wear and tear. Requests regarding condition (and exact sizes, where a lot is described as approximate) are available by contacting Turner Auctions + Appraisals via email at info@turnerauctionsonline.com. A condition statement is provided as a courtesy to a client; this is an opinion and should not be considered as a statement of fact. Turner Auctions + Appraisals is not responsible for any error or omission.
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