Disney, SpongeBob,and other Rare Animation

AGREEMENT BETWEEN ALL ORIGINAL ANIMATION & BIDDER: The following terms and conditions constitute the sole terms and conditions under which ALL ORIGINAL ANIMATION will offer for sale and sell the property described online. These Conditions of Sale constitute a binding agreement between the Bidder and ALL ORIGINAL ANIMATION with respect to the auction. By bidding online, the Bidder acknowledges the thorough reading and understanding of all of these Conditions of Sale, all descriptions of items online, and all matters incorporated herein by reference, and agrees to be fully bound thereby. Bidder and ALL ORIGINAL ANIMATION agree that any agreements between the Bidder and ALL ORIGINAL ANIMATION including but not limited to these Conditions of Sale are entered into in New Jersey 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 internet, materials, or other communications were received by Bidder in another location. Both ALL ORIGINAL ANIMATION 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 New Jersey, and that any and all claims or actions shall be brought and maintained only in New Jersey 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 ALL ORIGINAL ANIMATION 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 ALL ORIGINAL ANIMATION or Bidder, and that absent such agreement, ALL ORIGINAL ANIMATION 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 ALL ORIGINAL ANIMATION 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. 1. Final Bid Price, Purchase Price and Payment: The term, "Final Bid Price" means the amount of the highest bid acknowledged and acceptable to ALL ORIGINAL ANIMATION. The term, "Purchase Price" means the sum of (1) the Final Bid Price; (2) a premium payable by the successful Bidder (also referred to throughout these Conditions of Sale as "Buyer") equal to fifteen percent (15%) of the Final Bid Price; (3) applicable taxes (including New Jersey and local sales tax and/or compensating use tax based upon the purchase price unless exempted by law. (4) shipping, handling and insurance coverage if requested by Buyer and agreed upon by ALL ORIGINAL ANIMATION. ALL ORIGINAL ANIMATION may accept current and valid VISA, MasterCard, and PayPal for payment but under the express condition that any property purchased by credit shall not be refundable, returnable, or exchangeable, and that no credit to Buyer's credit account will be issued under any circumstances. The last sentence constitutes ALL ORIGINAL ANIMATION' "official policy" regarding returns, refunds, and exchanges where credit cards are used. Delivery will not be made unless and until full payment has been actually received by ALL ORIGINAL ANIMATION, i.e., credit funds fully obtained. ALL ORIGINAL ANIMATION has been authorized by the seller or consignor to retain, as partial remuneration, the premium set forth as number (2) in this paragraph. Unless otherwise agreed in a writing signed by ALL ORIGINAL ANIMATION, payment in full is due within seven calendar days of the auction or within five calendar days of the invoice date, whichever is later. ALL ORIGINAL ANIMATION SHALL HAVE THE RIGHT, AND THE SUCCESSFUL BIDDER HEREBY UNCONDITIONALLY AND IRREVOCABLY PRE-AUTHORIZES ALL ORIGINAL ANIMATION, TO CHARGE FROM AND COLLECT ALL AMOUNTS OWED FROM ALL CREDIT ACCOUNTS IDENTIFIED TO ALL ORIGINAL ANIMATION 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 ALL ORIGINAL ANIMATION TO COLLECT ALL AMOUNTS OWED FROM ANY OF SAID ACCOUNTS, AND THE SUCCESSFUL BIDDER SHALL NOT CONTEST ANY SUCH CREDIT ACCOUNT CHARGE ON THE GROUND THAT ALL ORIGINAL ANIMATION WAS NOT SO AUTHORIZED. 2. Title: On the fall of the auctioneer's hammer, title to the offered lot will pass to the highest bidder acknowledged by the auctioneer but fully subject to Buyer's compliance with all of the terms of the Conditions of Sale and the Online Registration. 3. Rights Reserved: ALL ORIGINAL ANIMATION 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. ALL ORIGINAL ANIMATION shall not be liable to any Bidder in the event of such withdrawal or postponement under any circumstances. ALL ORIGINAL ANIMATION reserves the right to refuse to accept bids from anyone. 4. Auctioneer's Discretion: ALL ORIGINAL ANIMATION 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, ALL ORIGINAL ANIMATIONS' 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. Reserves: 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, ALL ORIGINAL ANIMATION 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. interest. 6. Risk and Responsibility, Agency: 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 ALL ORIGINAL ANIMATION acknowledges in writing prior to the auction that the bidder is acting as agent for another party. In the absence of such written acknowledgment, the bidder guarantees payment of the Purchase Price of a successful bid. 7. Possession and Removal, Charges: No portion of any lot may be removed from the premises or possession transferred to Buyer unless Buyer has fully complied with these Conditions of Sale and the terms of the Online Registration, and unless and until ALL ORIGINAL ANIMATION has received the Purchase Price funds in full. Notwithstanding the above, all property must be removed from the premises by Buyer, at his or her sole expense not later than seven (7) calendar days from the invoice date. If all or any property has not been so removed within that time, in addition to any other remedies available to ALL ORIGINAL ANIMATION all of which are reserved, a handling charge of one percent (1%) of the Purchase Price per month will be assessed and payable to ALL ORIGINAL ANIMATION by Buyer, with a minimum of five percent (5%) assessed and payable to ALL ORIGINAL ANIMATION by Buyer for any property not removed within sixty (60) days. ALL ORIGINAL ANIMATION 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. ALL ORIGINAL ANIMATION, in addition, reserves the right to impose a late charge of fifteen percent (15%) per year on the Purchase Price if Buyer does not make full payment in accordance herewith. ALL ORIGINAL ANIMATION and Buyer acknowledge and agree that these charges are reasonably imposed to partially compensate ALL ORIGINAL ANIMATION for losses and expenses associated with any such delays. 8. Off-Site Bidding:, Bidding online is permitted subject to advance arrangements, availability, and ALL ORIGINAL ANIMATIONS' approval which shall be exercised at ALL ORIGINAL ANIMATIONS' sole discretion. Neither ALL ORIGINAL ANIMATION 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. In order to be considered for online bidding in any manner, Bidders must comply with all of these Conditions of Sale and the terms contained on the online Registration Form. 9. ALL ORIGINAL ANIMATIONS' Remedies: Failure of the Bidder/Buyer to comply with any of these Conditions of Sale or the terms of the Online Registration, is an event of default. In such event, ALL ORIGINAL ANIMATION may, in addition to any other available remedies specifically including the right to hold the defaulting Bidder/Buyer liable for the Purchase Price or to charge and collect from the defaulting Bidder/Buyer's credit as provided for elsewhere herein: (a) cancel the sale, retaining any payment made by the Buyer as damages (the Bidder/Buyer understands and acknowledges that ALL ORIGINAL ANIMATION will be substantially damaged should such default occur, and that damages under sub-part (a) are necessary to compensate ALL ORIGINAL ANIMATION for such damages; (b) resell the property without reserve at public auction or privately; (c) charge the Bidder/Buyer 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 ALL ORIGINAL ANIMATION, in its sole discretion, deems necessary or appropriate to preserve and protect ALL ORIGINAL ANIMATIONS' rights and remedies.) Should ALL ORIGINAL ANIMATION 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, ALL ORIGINAL ANIMATION shall apply the payment received to such lot or lots that ALL ORIGINAL ANIMATION, in its sole discretion, deems appropriate. If ALL ORIGINAL ANIMATION 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 ALL ORIGINAL ANIMATION a security interest in, and ALL ORIGINAL ANIMATION may retain as collateral such security for such buyer's obligations to ALL ORIGINAL ANIMATION, any property in ALL ORIGINAL ANIMATIONS' possession owned by such buyer. ALL ORIGINAL ANIMATION. 10. Warranties: ALL ORIGINAL ANIMATION does not provide any warranties to Bidders or Buyers, whether express or implied, beyond those expressly provided for in these Conditions of Sale. All property and lots are sold "as is" and "where is". By way of illustration rather than limitation, neither ALL ORIGINAL ANIMATION or the consigner makes any representation or warranty, expressed or implied, as to merchantability or fitness for 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 ALL ORIGINAL ANIMATION nor the consigner makes any representation or warranty, express or implied, as to whether the Buyer acquires rights in copyright 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. Bidder/Buyer acknowledges and agrees that if the property embodies any copyright, trademark, or other intellectual property, by the purchase of such property, Buyer/Bidder is not acquiring any interest in any copyright, trademark or other intellectual property that may be embodied or reflected in such property, but is acquiring only such physical embodiment and/or reflection. Profiles 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 ALL ORIGINAL ANIMATION 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. 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. Bidders are accorded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and ALL ORIGINAL ANIMATION urges Bidders to avail themselves accordingly. Lots and property are not returnable to ALL ORIGINAL ANIMATION for any reason except under Buyer's limited Remedies set forth in Section 13 below and under the express terms and conditions of Section 13. 11. Limitation of Damages: In the event that ALL ORIGINAL ANIMATION is prevented for any reason from delivering any property to Buyer or Buyer is otherwise dissatisfied with the performance of ALL ORIGINAL ANIMATION, the liability, if any, of ALL ORIGINAL ANIMATION, shall be limited to, and shall not exceed, the amount actually paid for the property by Buyer. In no event shall ALL ORIGINAL ANIMATION 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. 12. Unauthorized Statements: Under no circumstances is any employee, agent or representative of ALL ORIGINAL ANIMATION authorized by ALL ORIGINAL ANIMATION to modify, amend, waive or contradict any of these Terms and Conditions, any term or condition set forth on the Online Registration, any warranty or limitation or exclusion of warranty, any term or condition in either the Online Registration or these Terms and Conditions regarding payment requirements, including but not limited to due date, manner of payment, and what constitutes payment in full, or any other term or condition contained in any documents issued by ALL ORIGINAL ANIMATION unless such modification, amendment, waiver or contradiction is contained in a writing signed by all parties. Any statements, oral or written, made by employees, agents or representatives of ALL ORIGINAL ANIMATION to Bidder, including statements regarding specific lots, even if such employee, agent or representative represents that such statement is authorized, unless reduced to a writing signed by all parties, are statements of personal opinion only and are not binding on ALL ORIGINAL ANIMATION, and under no circumstances shall be relied on by Bidder as a statement, representation or warranty of ALL ORIGINAL ANIMATION. 13. Buyer's Remedies: This section sets forth the sole and exclusive remedies of Buyer in conformity with Sections 10 ("Warranties") and 11 ("Limitation of Damages") herein, and is expressly in lieu of any other rights or remedies which might be available to Buyer by law. The Buyer hereby accepts the benefit of the consignor's warranty of title and any other representations and warranties made by the consignor for the Buyer's benefit. In the event that Buyer proves in writing to ALL ORIGINAL ANIMATIONS' satisfaction that there was a breach of the consignor's warranty of title concerning a lot purchased by Buyer, ALL ORIGINAL ANIMATION shall make demand upon the consignor to pay to Buyer the Purchase Price (including any premiums, taxes, or other amounts paid or due to ALL ORIGINAL ANIMATION. Should the consignor not pay the Purchase Price to Buyer within thirty days after such demand, ALL ORIGINAL ANIMATION shall disclose the identity of the consignor to Buyer and assign to Buyer all of ALL ORIGINAL ANIMATIONS' rights against the consignor with respect to such lot or property. Upon such disclosure and assignment, all responsibility and liability, if any, of ALL ORIGINAL ANIMATION with respect to said lot or property shall automatically terminate. ALL ORIGINAL ANIMATION shall be entitled to retain the premiums and other amounts paid to ALL ORIGINAL ANIMATION - this remedy is as to the consignor only. The rights and remedies provided herein are for the original Buyer only and they may not be assigned or relied upon by any transferee or assignee under any circumstances. Lots containing ten or more items are not returnable under any circumstances. The exercise of rights under this Section 13 must be made, if at all, within thirty (30) days of the date of sale. 14. ALL ORIGINAL ANIMATIONS' Additional Services: For Buyers who do not remove purchased property from ALL ORIGINAL ANIMATIONS premises, ALL ORIGINAL ANIMATION, 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 sole request, expense, and risk of Buyer. ALL ORIGINAL ANIMATION assumes no and disclaims all responsibility and liability for acts or omissions in such packing or shipping by ALL ORIGINAL ANIMATION or other packers and carriers, whether or not recommended by ALL ORIGINAL ANIMATION. ALL ORIGINAL ANIMATION assumes no and disclaims all responsibility and liability for damage to frames, glass or other breakable items. Where ALL ORIGINAL ANIMATION arranges and bills for such services via invoice or credit card, ALL ORIGINAL ANIMATION will include an administration charge. 15. Headings: Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer. 16. Entire Agreement: These Conditions of Sale constitute the entire agreement between the parties together with the terms and conditions contained in the Online Registration. They may not be amended, modified or superseded except in a signed writing executed by all parties. No oral or written statement by anyone employed by ALL ORIGINAL ANIMATION or acting as agent or representative of ALL ORIGINAL ANIMATION may amend, modify, waive or supersede the terms herein unless such amendment, waiver or modification is contained in a writing signed by all parties. If any part of these Conditions of Sale are for any reason deemed invalid or enforceable, the remaining portions shall remain fully enforceable without regard to the invalid or unenforceable provisions. AUCTION GENERAL GUIDELINES Conditions of Sale: Before you bid, you must read the Conditions of Sale, immediately preceding these pages. They represent a contract between ALL ORIGINAL ANIMATION you, and they contain important terms and conditions such as jurisdiction, payment terms, warranties and remedies. The Conditions of Sale are controlling over these general guidelines in the event of any conflicts between their respective terms. Estimate Prices: In addition to descriptive information, each entry in the catalog includes a price range, which reflects opinion as to the price expected at auction. These are based upon various factors including prices recently paid at auction for comparable property, condition, rarity, quality, history, and provenance. Estimates are prepared well in advance of the sale and subject to revision. Estimates do not include the buyer's premium or sales tax (see under separate heading). See Paragraph 10 of the Conditions of Sale for important restrictions as to reliance on estimated prices. 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. Owned or Guaranteed Property: Profiles in History generally offers property that are the property of ALL ORIGINAL ANIMATION. 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 . Before the Auction: Condition Reports: If you wish to obtain additional information on a particular lot, ALL ORIGINAL ANIMATION 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, as other descriptions of property, are not warranted; they are only provided as a service to interested clients. Neither ALL ORIGINAL ANIMATION nor the consignor make any express or implied representation or warranty concerning the condition of any lot offered for sale; any information furnished does not modify or negate the limited warranty contained in the Conditions of Sale. See Paragraph 10 of the Conditions of Sale for important restrictions as to reliance on condition reports. Registration: If you are planning to bid at auction, you will need to register online. You must acknowledge having read your agreement with all of the Conditions of Sale during your online registration and prior to your bidding on any lot. The Auction: This auction is open to online registered bidders only. You must be registered online to bid or otherwise participate. Bidding: Property is auctioned in consecutive numerical order, as it appears online. The auctioneer may also execute bids on behalf of the consignor to protect the reserve. 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: See online registration page for details. PLEASE NOTE: On some occasions beyond the control of ALL ORIGINAL ANIMATION, the online bidding software or the Internet itself may not physically keep up with the pace of the auction. By bidding online, you acknowledge and agree that ALL ORIGINAL ANIMATION may award the lot to another bidder at its sole and final discretion under the circumstances described above or under any other reasonable circumstances. Also please note that all ALLL ORIGINAL ANIMATION lots purchased online carry a 15% Buyer's Premium. ALL ORIGINAL ANIMATION 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. ALL ORIGINAL ANIMATION will record the bidder number of the buyer. 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. AFTER THE AUCTION Payment: You are expected to pay for your purchases in full within seven calendar days of the sale or five calendar days from the invoice date, whichever is later, and to remove the property you have bought by that date. Shipping: After payment has been made in full, ALL ORIGINAL ANIMATION may, as a service to buyers, arrange to have property packed, insured and shipped at your request and expense. Packages shipped internationally will have full value declared on shipping form. Copyrights: Unless otherwise set forth with respect to an item offered, the item offered at auction is a one-of-a-kind original piece, and ALL ORIGINAL ANIMATION makes no statement, representation or warranty concerning the copyright of such item. Depiction of the item in the catalog and other auction promotions is purely for informational and reference purposes regarding the offering of the item at auction. Unless otherwise set forth with respect to an item offered, ALL ORIGINAL ANIMATION makes no statement, representation or warranty concerning the successful bidder's right to copy, reproduce or adapt for any purpose any item offered at auction. Important note to prospective bidders and disclaimer: Please note that all items in this auction are sold in "as is" condition. We do our best to properly describe all materials herein, but normal wear and tear is common due to the fragile nature of animation art. We strongly encourage you to either preview the items before bidding, or call for a more specific condition report on items of interest. Please remember that the buyer is responsible for all shipping charges from ALL ORIGINAL ANIMATION'S offices in Denver, CO or Wayne, NJ. Items that are of unusual size and/or weight will require special handling and will incur an additional shipping premium as charged by the carrier. Please see Terms & Conditions of Sale.