Fangoria's Movie Props & Costume Auction

Premiere Props Terms & Conditions The following terms and conditions constitute the only terms and conditions under which Premiere Props will offer for sale and sell the property described in the Catalog. These Conditions of Sale constitute a binding agreement between the Bidder and Premiere Props with respect to the auction. By bidding at auction, whether in person, through an agent or representative, by telephone, facsimile, on-line, absentee bid, or by any other form of bid or by any other means, the Bidder acknowledges the thorough reading and understanding of all of these Conditions of Sale, all descriptions of items in the Catalog, and all matters incorporated herein by reference, and agrees to be fully bound thereby. Unless otherwise set forth in the Catalog, all property will be offered by Premiere Props solely as agent for the seller or consignor of the property and not on its own behalf. This auction is being conducted under section 535 of the Penal Code and Section 2325 of the Commercial Code and Laws and Acts of Auctioneering. Announcements made the day of auction take precedence over any previous communication. 1. A buyer's premium of 23% of the hammer price shall be added to each purchase and is payable as part of the total purchase price. 2. Sales tax will be added to the purchase of all items. The buyer's premium is part of the purchase price and is taxable. CA residents will pay 9.00% unless a tax exempt form is on file at time of auction and an original valid resale permit filed at time of registration with a copy for Premiere Props? records from the California State Board of Equalization. If the equipment is physically removed by a trucking company and shipped out of state, Bidder must provide Premiere Props with a bill of lading. 3. Complete payment is required the day of the auction. Acceptable forms of payment are Visa, Mastercard, American Express, Discover, Checks (with bank letter of guarantee), Cash (In House Only) and PayPal but under the express condition that any property purchased by credit or debit card shall not be refundable, returnable, or exchangeable, and that no credit to Buyer?s credit or debit card account will be issued under any circumstances. For payment other than by cash, delivery will not be made unless and until full payment has been actually received by Premiere Props. Premiere Props has been authorized by the seller or consignor to retain, as partial remuneration, the premium set forth as number (1) in this paragraph. Unless otherwise agreed in a writing signed by Premiere Props, payment in full is due within seven calendar days of the auction or within five calendar days of the invoice date, whichever is later. PREMIERE PROPS SHALL HAVE THE RIGHT AND THE SUCCESSFUL BIDDER HEREBY UNCONDITIONALLY AND IRREVOCABLY PRE-AUTHORIZES PREMIERE PROPS, TO CHARGE FROM AND COLLECT ALL AMOUNTS OWED FROM ALL CREDIT AND/OR DEBIT ACCOUNTS IDENTIFIED TO PREMIERE PROPS BY THE SUCCESSFUL BIDDER PRIOR TO BIDDING IN THE EVENT THAT THE SUCCESSFUL BIDDER DOES NOT MAKE TIMELY PAYMENT UNDER THESE CONDITIONS OF SALE. IN SUCH EVENT, THE SUCCESSFUL BIDDER AUTHORIZES PREMIERE PROPS TO COLLECT ALL AMOUNTS OWED FROM ANY OF SAID ACCOUNTS, AND THE SUCCESSFUL BIDDER SHALL NOT CONTEST ANY SUCH CREDIT OR DEBIT ACCOUNT CHARGE ON THE GROUND THAT PREMIERE PROPS WAS NOT SO AUTHORIZED. 4. All property must be removed from the premises by Bidder at his or her sole expense not later than seven (7) calendar days from the invoice date. Bidder agrees that Premiere Props will charge the credit card listed provided at registration for all items purchased at auction, and any future Premiere Props? auctions in which Bidder participates if not paid within 7 calendar days after the close of the auction. If all or any property has not been removed within that time, in addition to any other remedies available to Premiere Props all of which are reserved, a handling charge of one percent (1%) of the Purchase Price per month will be assessed and payable to Premiere Props by Bidder, with a minimum of five percent (5%) assessed and payable to Premiere Props by Bidder for any property not removed within sixty (60) days. Premiere Props shall additionally 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. Premiere Props; in addition, reserves the right to impose a late charge of fifteen percent (15%) per year on the Purchase Price if Bidder does not make full payment in accordance herewith. Premiere Props and Buyer acknowledge and agree that these charges are reasonably imposed to partially compensate Premiere Props for losses and expenses associated with any such delays. 5. For oversized items that cannot be shipped, such as vehicles, buyers are responsible for their own asset removal. Buyers may utilize any commercial mover or shipper of their choice. However all commercial movers/shippers must provide to auction company proof of liability insurance prior to any removal or packaging work to be done at auction site. Local packing, shipping and insurance may be handled by the following third party shippers: Local in Los Angeles: Victor (323) 855-8860. Worldwide shipping for oversized items: Art Pack: (310) 324-5553 For vehicle pick up and delivery: Guarantee Auto Shippers (508)340-0495 or Reliable Auto Shippers (480)496-8000. 6. Bidders may inspect the merchandise and are urged to do so. The Auctioneer makes no warranty as to condition and shall not be held responsible for any defects in any lot. All goods are on display for Public Exhibition and, condition is described in the listings for online bidders. Item descriptions, dimensions and estimates are provided for guidance. It is the bidder?s responsibility to inspect all lots prior to bidding to ensure that the condition is to their satisfaction. These are for guidance only, and all lots will be sold as described, as per our Terms and Conditions of Sale. All goods are sold "AS IS, WHERE IS" with no warranties or guarantees "WITHOUT RECOURSE". 7. All items in the catalog are sold as described. We have tried to describe each lot as accurately as possible, and we have included descriptive photographs as well. However, we are selling each lot "AS IS" and there will be no returns allowed if you are not satisfied with condition. We are not responsible for color discrepancies due to photo reproductions. Some items may vary from actual picture. Due to production requirements, there may be multiples of any given item used in the making of the referenced show. The items listed for sale in this auction are sold AS IS. Premiere Props makes no claims regarding the condition of the items listed on this site. Premiere Props nor the consignor makes any warranties, expressed or implied, as to merchantability or fitness for a particular purpose, the correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature, historical relevance of any property, intended use, condition of the property (including any condition report), correctness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuineness, value, or period of the property. Additionally, neither Premiere Props nor the consigner makes any representation or warranty, expressed or implied, as to whether the Bidder acquires any copyrights, including but not limited to any reproduction rights of any property, or other intellectual property (including exhibition or reproduction rights) or whether the property is subject to any limitations such as ?droit morale? (moral rights) or other rights affecting works of art. Premiere Props does not make any representation or warranty as to title. All descriptions, photographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder), 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 Premiere Props to fairly represent the lots and property offered for sale as to origin, date, condition, and other information contained therein; they are statements of opinion only. Premiere Props and the Consigner are not responsible for any errors or omissions in the printed or online catalogues, online listings or any other material. It is the Bidder?s responsibility to fully inspect the property before bidding to determine the condition and size and also to determine if has been repaired or restored. They are not representations or warranties and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price. Price estimates (which are determined well in advance of the auction and are therefore subject to revision) and condition reports are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices. 8. The items listed for sale in this auction are for decorative use only. They are not to be used for their seemingly functional purposes and are only intended to be sold as collector's items. DO NOT use the items purchased through this auction for any functional use, whether to store materials, for wearing, cooking with or using the auctioned item as a utensil or serving material, or using the item as a piece of furniture or any other use. With this notice, the purchaser assumes all risks of loss and/or injury, whether personal or property damage, arising from any other use of the item purchased not in accordance with this notice. Premiere Props, INC., shall not be held liable. This purchase releases Premiere Props, INC., for any such loss or injury. 9. In the event that Premiere Props is prevented for any reason from delivering any property to Bidder or Bidder is otherwise dissatisfied with the performance of Premiere Props, the liability, if any, of Premiere Props, shall be limited to, and shall not exceed, the amount actually paid for the property by Bidder. In no event shall Premiere Props be liable for incidental, special, indirect, exemplary or consequential damages of any kind, including but not limited to loss of profits, value of investment or opportunity cost. 10. The highest bidder shall be the buyer and if any dispute arises between two or more bidders, the auctioneer will decide the bidder or immediately put the item up for sale again. We reserve the right to accept or decline any bid and all bids must be for an entire lot and each lot represents a separate sale. All bids are for each lot unless modified at the live auction by the Auctioneer. All lots will be sold in their numbered sequence or may be changed by the Auctioneer during the auction. 11. Premiere Props reserves the right to withdraw any lot before or at the time of the auction, and/or to postpone the auction of all or any lots or parts thereof, for any reason and will have no liability for doing so. Premiere Props shall not be liable to any Bidder in the event of such withdrawal or postponement under any circumstances. Premiere Props reserves the right to refuse to accept bids from anyone. 12. Bidding by telephone, fax, on-line, or absentee bidding (advance written bids submitted by mail) is offered solely as a convenience. Premiere Props nor its agents or employees shall be held liable for the failure to execute bids or for errors relating to any transmission or execution thereof. 13. Failure of the Bidder to comply with any of these Conditions of Sale or the terms of the Registration Form, is an event of default. In such event, Premiere Props may, in addition to any other available remedies specifically including the right to hold the defaulting Bidder liable for the Purchase Price or to charge and collect from the defaulting Bidder?s credit or debit accounts as provided for elsewhere herein: (a) cancel the sale, retaining any payment made by the Bidder as damages. Bidder understands and acknowledges that Premiere Props will be substantially damaged should such default occur, and that damages under sub-part (a) are necessary to compensate Premiere Props for such damages; (b) resell the property without reserve at public auction or privately; (c) charge the Bidder interest on the Purchase Price at the rate of one and one-half per cent (1.5%) per month or the highest allowable interest rate; (d) take any other action that Premiere Props, in its sole discretion, deems necessary or appropriate to preserve and protect Premiere Props? rights and remedies. Should Premiere Props 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 is the successful bidder on more than one lot and pays less than the purchase price for the total lots purchased, Premiere Props shall apply the payment received to such lot or lots that Premiere Props, in its sole discretion, deems appropriate. If Premiere Props does not exercise such discretion, the lots to which the payment shall be applied will be in descending order from the highest purchase price to the lowest. Any buyer failing to comply with these Conditions of Sale shall be deemed to have granted Premiere Props a security interest in, and Premiere Props may retain as collateral such security for such buyer?s obligations to Premiere Props, any property in Premiere Props; possession owned by such buyer. Premiere Props 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. Bidder and Premiere Props agree that any agreements between the Bidder and Premiere Props including but not limited to these Conditions of Sale are entered into in Los Angeles County, California, which is where the agreements are to be performed and the auction to take place, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location. Both Premiere Props and the Bidder agree that any disputes under these Conditions of Sale, the subject matter hereof, the entering into, or any aspect of the auction, shall be exclusively governed by California law, and that any and all claims or actions shall be brought and maintained only in Los Angeles County, California in a State or Federal Court to the exclusion of any other venue, locale or jurisdiction. All parties submit to such jurisdiction. Both Bidder and Premiere Props agree that these provisions are intended to be binding on all parties and that they shall solely control choice-of-law, venue and jurisdiction in the event of any dispute specifically including third party claims and cross-actions brought by either Premiere Props or Bidder, and that absent such agreement, Premiere Props would not permit Bidder to bid hereunder. Any violation of the terms of this Paragraph shall entitle the affected party to reasonable attorney fees and litigation costs in addition to all other available remedies, all of which remain reserved. The parties agree that Premiere Props shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than set forth in this paragraph as conclusive evidence of the parties? agreement, and the parties further agree that the court shall immediately dismiss any action filed in such jurisdiction. Notwithstanding any other provision herein, the prevailing party in any claim, dispute or litigation between the parties shall be entitled to an award of reasonable attorney fees and costs of litigation. 14. All items may be subject to a reserve which is the confidential minimum price acceptable to the consigner below which the item will not be sold. During the live auction, the auctioneer may open the bidding on any lot by bidding on behalf of the Consigner, may open the bidding on any item below the reserve by placing a bid on behalf of the Consigner and Premiere Props 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.. 15. In the event of a tie between an online bidder and a floor bidder, the floor bid will take precedence. The auctioneer's decision will be binding and final. 16. The record of sale, kept by the auctioneer and clerk, will be taken as absolute and final in all disputes. The auctioneer and Premiere Props will not be held responsible for error or failure to execute bid(s). 17. You hereby request approval for this registration to participate in the Premiere Props auction (the Auctioneer) and acknowledge that you have read, understand and agree to the Terms and Conditions of Sale as posted on our website and printed in the auction guide, which is applicable to the auction event for which you are registering. 18. Your bidding at this Auction whether in person or online indicates that you have read and agree to all Terms & Conditions of Sale. 19. Shipping takes approximately 10-12 weeks from the date payment is received and processed. Please allow additional time for custom packaged orders with more than two standard sized items. Once your initial payment is processed, shipping charges (including insurance) will be calculated and a separate invoice will be sent. Shipping charges will not be sent unless payment is received for the items first. Once payment for shipping charges is received, orders will be shipped promptly. All orders will be shipped via UPS, no exceptions. Please email for international rates, rates to Hawaii, Alaska, or Puerto Rico. Oversized items: Additional shipping charges will apply, based on postal code and item size and weight. E-mail for shipping estimates before bidding. International shipments/shipments going to Hawaii, Alaska or Puerto Rico: The cost will be greater than the standard rate and will include UPS insurance rates. If you elect to bid on an item, you will be held responsible for the final cost of the item including all related shipping fees and standard UPS insurance. All international shipments are subject to additional duties and tax fees, which will be billed directly to you via UPS and we will not claim a lower value on a lot to avoid customs on international shipments. Please note that online purchasers who wish to pick up their items may do so by calling to make an appointment. Please allow additional time for custom packaged orders with more than two standard sized items. Additionally, please allow sufficient time for us to calculate shipping based on each order after the auction is complete. Orders will be packed in the order received and shipping charges will be billed once orders are ready for shipment. For standard/oversized items that cannot be shipped, packing, shipping and insurance may be handled by the following third party shipper: Victor (323) 855-8860 (local deliveries in CA) Art Pack (310) 324-5553 (worldwide) For vehicle pick up and delivery, buyers are responsible for removal. Shipping may be handled by the following third parties: Guarantee Auto Shippers (508)340-0495 Reliable (480)496-8000 20. All orders are fully protected by UPS for damage or loss and a declared value insurance fee based on value of items in the shipment for all standard shipments to the continental U.S. international shipments are subject to additional duties and taxes fees, which will be billed directly to you. 21. If you elect to bid on an item, you will be held responsible for the final cost of the item including all related shipping fees and standard USPS insurance. All international shipments are subject to additional duties and tax fees, which will be billed directly to you via USPS/UPS and we will not claim a lower value on a lot to avoid customs on international shipments. Items being sent to or claimed in California are subject to applicable Sales Tax.