July 13th Rare Advertising Auction

By Registering and Bidding you agree to the FULL Terms and Conditions located below. ONLINE BUYER'S PREMIUM = 20% IN-HOUSE BUYER'S PREMIUM = 17% ONLY SOUTH CAROLINA BIDDERS PAY SALES TAX 1.Auction Basics. This is a public auction sale (?Auction Sale?) conducted by licensed and bonded Auctioneers, Manifest Auctions LLC (hereinafter referred to as ?Auctioneer? and at times as ?Manifest?), James Manning Garrett, Auctioneer ? SCAL #4417 and Dale Vernon Fenton ? SCAL #4494. Bidding in this Auction Sale constitutes acceptance by you (?Bidder?) of all the Terms and Conditions of Auction Sale stated herein. Bidders may include consignors who may bid and purchase lot(s) in the Auction Sale consigned by the consignor or by other consignors pursuant to their consignment agreement with Manifest (?Consignor? and ?Consignors?). Manifest reserves the right to include in any auction sale its own material as well as material from affiliated or related companies, principals, offers, or employees. Manifest may have direct or indirect interests in any of the lots in the auction and may collect commissions. Pursuant to a separate agreement with Manifest, Consignors or their agents may be permitted to bid on their own lots in the sale. Manifest may bid for its own account at any auction. Manifest may have information about any lot that is not known publicly, and Manifest reserves the right to use such information, in any manner determined solely by Manifest and for the benefit of Manifest without disclosing such information in the catalog, catalog description, or at the auction. Bidder acknowledges and agrees that Manifest may not be required to pay a Buyer?s Commission, or other charges that other Bidders may be required to pay and may have access to information concerning the lot(s) that is not otherwise available to the public. Any claimed conflict of interest or claimed competitive advantage resulting therefrom is expressly waived by all participants in the Auction Sale. Lot(s) may carry a Reserve. A Reserve is a confidential price or bid below which the Auctioneer will not sell an item or will re-purchase on behalf of the Consignor or for Manifest. 2.Descriptions and Grading. Bidder acknowledges as follows: Grading and evaluation is an art and not a science. The grade, mintmark, quality, designation, variety, rarity, provenance, and historic relevance of any items in this sale are qualified statements of good faith opinion of Manifest or its Consignor(s). It is possible that two people will not always grade the same item alike. Also, as market conditions change, grading standards change, and will most likely continue to do so in the future. Each Bidder?s own examination of the item(s) is the criterion and not the grade represented by another. Every effort is made by Manifest to determine provenance and authenticity. It is the Bidder?s responsibility to arrive at a final conclusion prior to bidding. In any purchase or sale, the value of the item(s) is determined by the price. All photographs in the catalogue are of actual items being sold but may not be the actual size or to scale. NO RETURNS WILL BE ALLOWED FOR ANYTHING GRADED AND/OR AUTHENTICATED BY A THIRD PARTY. 3.The Bidding Process. The auctioneer may open or accept the bidding on any lot by placing a bid on behalf of the Consignor or his or her agent, a Bidder by mail, telephone, internet, or telefax; or any other participant in the Auction Sale. The Auctioneer may accept or decline any bid, challenge to any bid or bidding increment, as the Auctioneer in their sole discretion shall determine. Bids must be for an entire lot and each lot constitutes a separate sale. No lot will be broken up unless otherwise permitted by the Auctioneer. Lots will be sold in their numbered sequence unless Auctioneer directs otherwise. It is unlawful and illegal for Bidder to collude, pool, or agree with another Bidder to pay less than the fair value for lot(s). Bidders in the Auction Sale acknowledge that the law provides for substantial penalties in the form of treble damages and attorney?s fees and costs for those who violate these provisions. All material shall be sold in separate lots to the highest Bidder as determined by the Auctioneer. If any dispute arises, Auctioneer shall have the right to rescind the acceptance of the bid and place the lot(s) for Auction Sale again. Auctioneer?s decision shall be final. For the Mail and Internet Bidder?s protection, no ?unlimited? or ?buy? bids will be accepted. When the identical bids are received for a lot, preference is given to the first bid received as determined by the Auctioneer. Any proxy bid will take precedence over an identical floor bid; a Floor Bidder and Telephone Bidder must bid higher than the highest mail bid to be awarded any lot. Auctioneer reserves the right to refuse any bid, to reduce any mail bid received, to open the bidding of a lot at any level deemed appropriate by the Auctioneer and to determine the prevailing bid, at his sole discretion. THIS IS NOT AN APPROVAL SALE. Bidders who physically attend the Auction Sale, either personally or through an agent (?Floor Bidders?) should carefully examine all lots which they are interested in purchasing. Bidders who bid by telephone, either personally or through an agent, receive a similar benefit as Floor Bidders, in being able to actively participate in the live Auction Sale (?Telephone Bidders?). Therefore, except as otherwise provided in these Terms and Conditions of Auction Sale, NO LOT MAY BE RETURNED THAT IS PURCHASED BY A FLOOR BIDDER, A TELEPHONE BIDDER, AND OTHER BIDDERS WHO HAVE HAD THE OPPORTUNITY TO VIEW THE LOT(S), ANYONE PRESENTING MANIFEST WITH A RESALE CERTIFICATE OR OTHER EVIDENCE THAT THEY ARE ACTING AS A DEALER OR ANY THIRD PARTY GRADED NOTES. For bidders by mail, telefax, or internet, who have not had the opportunity to view the lot(s), if there is a material error in the lot description, the lot may be returned if written notice is received by Manifest within three (3) calendar days of receipt of the lot(s). The lot(s) must be received by Manifest no later than fifteen (15) calendar days after the Auction Sale in the same condition the lot(s) were delivered to the Bidder, in their original containers. Late remittance constitutes just cause for revocation of all return privileges. All prospective Bidders who have had the opportunity to examine the lot(s ) prior to the Auction sale personally assume all responsibility for any damage that Bidder causes while handling or examining lot(s). Manifest shall have sole discretion in determining the value of the damage caused, which shall be promptly paid by the prospective Bidder. MANIFEST IS NOT RESPONSIBLE FOR ANY ERRORS IN BIDDING. A Bidder should make certain to bid on the correct lot and that the bid is the maximum (plus Buyer?s Commission) that he or she is willing and able to pay. Once the hammer has fallen and the Auctioneer has announced the winning Bidder, the Bidder is unconditionally bound to pay for the lot, even if the Bidder has made a mistake. Manifest reserves the right to withdraw any lot at any time, even after the hammer has fallen, until the Bidder has taken physical possession of the lot. No Bidder shall have a right to claim any consequent damages if the lot is withdrawn, even after the Auction Sale. 4.Bidder Registration Required. All persons seeking to bid must register to bid at the auction by completing a registration card or bid sheet. By submitting a bid, the Bidder acknowledges that Bidder has read the Terms and Conditions of Auction Sale, the descriptions for the lot(s) on which they have bid, and that they agree to adhere to these Terms and Conditions of Auction Sale. This agreement shall be deemed to have been made in South Carolina. The bidder acknowledges that the invoice describing a lot by number incorporates the catalogue and Terms and Conditions of Auction Sale. 5.Prices, Payment, and Delivery. The Buyer?s Premium is 20% if bidding online. That rate is reduced to 17% if bidding in person, via mail, fax, or telephone. We prefer checks or wires. We also accept paypal, credit card, and cash payments. We do not accept cashier?s checks (unless previously arranged). Please note that cashier?s checks are NOT acceptable forms of payment. Unless otherwise agreed in writing, auction sales are strictly cash in U.S. funds payable through a bank in the United States. No credit card checks will be accepted as payment for auction lots. On any cash transaction or series of transactions exceeding $10,000, Treasury form 8300 will be filed. Contact Manifest for wiring instructions before sending a wire. Lots must be paid for the earlier of receipt invoice or delivery. Manifest reserves the right to decline to release lots for which good funds have not yet been received. On any accounts past due, Manifest reserves the right to extend credit and impose periodic charges. Bidder agrees to pay reasonable attorney?s fees and cost incurred to collect on such past due accounts. Bids will not be accepted from those persons under eighteen (18) years of age without a parent?s written consent which acknowledges the Terms and Conditions of Auction Sale herein and agrees to be bound thereby on behalf of the Bidder. Bidders personally and unconditionally guarantee payment that are or become owed to Manifest. If a corporation is the Bidder, the corporate representative present at the sale shall provide Manifest at the time of registration with a statement signed by each principal, director, and officer that they each personally and unconditionally guarantee any and all current or future obligations owed to Manifest or such other statement as may be acceptable to Manifest, in the sole discretion of Manifest. Bidders who have not established credit with Manifest must furnish satisfactory credit references. Winning Bidders are responsible for any shipping costs. Large and/or fragile items will have their shipping invoiced separately based on the buyer location and insurance required. Bidders outside the United States shall be invoiced for Manifest?s shipping costs (an additional $15 handling fee will be added to International Bidders invoice), but agree to provide their own insurance on lots shipped to them (Manifest shall not be responsible for non-delivery of lots shipped to addresses outside the United States). Taxes, postage, freight charges, if applicable handling, insurance, and Buyer?s Commission, and any other fees required by law to be charged or collected will be added to the invoice for any lot(s) that is invoiced to successful Bidders. On any tax not paid by Bidder which should have been paid, even if not collected by Manifest by mistake, error, negligence, or gross negligence, Bidder agrees to promptly pay the same on demand together with any interest or penalty that may be assessed. Title to any lot remains with the Consignor, any secured party of the Consignor, or Consignor?s assigns, as the case may be, until the lot is paid for in full by Bidder. Manifest reserves the right to require payment in full before delivering any lot to the successful Bidder. The RISK OF LOSS passes to Bidder upon delivery of the lot(s). 6.Financial Responsibility. In the event a successful Bidder fails to make payment when due, Manifest reserves the right to resell the lot(s) in a commercially reasonable manner, which may include a private sale. Bidder agrees to pay for the reasonable cost of such a sale, together with any incidental costs of sale, including reasonable attorney?s fees and costs, cataloguing and any other reasonable charges. Bidder grants Manifest or its assigns the right to offset any sums due, or found to be due to Manifest, and to make such offset from any past, current, or future consignment, purchases that are in the possession or control of Manifest, or from any sums due to Manifest. Bidder further grants Manifest a purchase money security interest in such items to the extent applicable. Bidder agrees that Manifest and its assigns shall be a secured party with respect to items bought by Bidder and in the possession of Manifest, to the extent of maximum indebtedness, plus all accrued expenses, attorney fees and costs, until the indebtedness is paid. Bidder grants Manifest the right to file a UCC-1 financing statement on such items without need for Bidders signature and to assign such interest to any affiliated or related company or any third party deemed appropriate by Manifest. If the auction invoice is not paid for in full when due per invoice terms, the unpaid balance will earn interest at the rate of one-and-one-half percent (1.5%) per month until it is paid in full. In the event this interest rate exceeds the interest permitted by law, the same shall be adjusted to the maximum rate permitted by law. Bidder agrees to pay all reasonable attorney?s fees, court costs, and other collection costs incurred by Manifest or any affiliated or related company to collect past due invoices. Manifest reserves the right to assign its interest to any third party. 7.DISCLAIMER AND WARRANTIES. NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE OR IMPLIED ON ANY LOT. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY LOT EXCEPT FOR WARRANTY OF TITLE, AND IN THE CASE OF TITLE, AUCTIONEER IS SELLING ONLY THAT RIGHT OR TITLE TO THE LOTS THAT AUCTIONEER MAY HAVE BY VIRTURE OF THE CONSIGNMENT AGREEMENTS WITH CONSIGNORS AS OF THE AUCTION SALE DATE. PURCHASER HEREBY ASSUMES ALL RISKS CONCERNING AND RELATED TO THE GRADING OF A LOT. a.All sales of items (1) viewed by Bidders in advance of a sale, even if the sale is by mail, telefax, or internet, or (2) bid upon by Floor Bidders, Telephone Bidders, and Bidders who present Manifest with a resale certificate, out of state resale certificate, or similar evidence in acting as a dealer; ARE FINAL AND MAY NOT BE RETURNED. b.Any and all claims that an item is not authentic, must be made in writing to Manifest within five (5) calendar days after receipt of the item. c.If an item or items are returned pursuant to the terms herein, they must be housed in their original, sealed, and unopened container, as the case may be. d.Late remittance or removal of any item from its original container constitutes just cause for revocation of all return privileges. e.Grading or condition or other attributes of the lots may have a material effect on the value of the item(s) purchased, and the opinion of others (including independent grading services) may differ with the independent grading services opinion or interpretation of Manifest. Manifest shall not be bound by any prior or subsequent opinion, determination, or certification by any independent grading service. f.All oral and written statements made by Manifest and its employees (including affiliated and related companies) are statements of opinion only, and are not warranties or representations of any kind, unless stated as a specific written warranty, and no employee or agent of Manifest has authority to vary or alter these Terms and Conditions of Auction Sale. Any alteration shall be effective only if in writing and signed by an officer of Manifest authorized to do so. g.Bidders shall have no recourse against the Consignor for any reason whatsoever. h.Notwithstanding anything to the contrary in these Terms and Conditions of Auction Sale. LOTS LISTED IN THIS CATALOGUE GRADED BY ANY THIRD PARTY SERVICE MAY NOT BE RETURNED FOR ANY REASON WHATSOEVER. i.Bidder acknowledges that the market for currency, antiques, and collectibles is speculative, unregulated and volatile, and that prices may rise or fall over time. Manifest does not guarantee that any customer buying for investment purposes will be able to sell for a profit in the future. 8.Waiver and Release. Bidder, for himself, his heirs, agents, successors and assigns, generally and specifically waives and releases, and forever discharges Manifest, and its respective affiliates, parents, shareholders, agents, subsidiaries, employees, members of their respective boards of directors, and each of them, and their respective successors and assigns from any and all claims, rights demands and causes of actions and suits, of whatever kind or nature, whether in law or equity, whether known or unknown, suspected or unsuspected, which Bidder may claim to have with respect to and/or arising out of, or in connection with any challenge to the title to any goods purchased, the sale itself, and/or the auction, except where such reimbursement is otherwise authorized in these Terms and Conditions of Auction Sale. It is the intention of Bidder that this waiver and release shall be effective as a bar to each and every claim, demand, cause of action and suit that may arise hereunder, and Purchaser hereby knowingly and voluntarily waives any and all rights and benefits to sue related to title or ownership of property. 9.DISPUTES. If a dispute arises concerning ownership of a lot that has been bid upon, Manifest reserves the right to commence a statutory inter-pleader proceeding at the expense of the Consignor and successful Bidder and any other applicable party, and in such event shall be entitled to its reasonable attorney?s fees and costs. Manifest reserves the right to postpone the Auction Sale or any session thereof for a reasonable period of time for any reason whatsoever. No Bidder shall have any claim as a result thereof, including incidental or consequential damages. Neither Manifest nor any affiliated or related company shall be responsible for incidental or consequential damages arising out of any failure of the Terms and Conditions of Auction Sale, the auction or the conduct thereof and in no event shall liability for any such failure exceed the purchase price, premium or fees paid. If the Bidder fails to comply with one or more of these Terms and Conditions of Auction Sale, then, in addition to all other remedies which it may have at law or in equity, Manifest may at its sole option either (a) cancel the sale, retaining all payments made by Bidder as liquidated damages, it being recognized that actual damages may be speculative or difficult to compute, or (b) sell a portion of all of the lot(s) held by Manifest, in a quantity sufficient in the opinion of Manifest to satisfy the indebtedness, plus all accrued charges, and Manifest may sell such portion at an auction sale or private sale conducted by Manifest and charge a seller?s commission that is commercially reasonable. More than one such sale may take place at the option of Manifest. Notice of the sale shall be by U.S.P.S. Certified Mail, Return Receipt Requested to the address utilized on the Bid Sheet, Auction Consignment and Security Agreement or other last known address by Manifest. The proceeds shall be applied first to the satisfaction of any damages occasioned by Bidder?s breach then to any other indebtedness owed to Manifest, including without limitation, commissions, handling charges, the expenses of both sales, reasonable attorney?s fees, costs, collection agency fees and costs and any other costs or expenses incurred. Bidder is also liable to Manifest if the proceeds of such sale or sales are insufficient to cover the indebtedness. Rights granted to Bidders under the within Terms and Conditions of Auction Sale are personal and apply only to the Bidder who initially purchases the lot(s) from Manifest. The rights may not be assigned or transferred to any other person or entity, whether by sale of the lot(s), operation of law or otherwise. Any attempt to assign or transfer any such rights shall be absolutely void and unenforceable. No third party may rely on any benefit or right conferred by these Terms and Conditions of Auction Sale. 10.General Terms. These Terms and Conditions of Auction Sale and the auction shall be construed and enforced in accordance with, and governed by, the laws of the State of South Carolina, regardless of the location of the Auction Sale. Bidder acknowledges and agrees that the competent courts of the State of South Carolina shall have exclusive jurisdiction over any dispute(s) arising hereunder, and Bidder hereby agrees that any dispute arising hereunder shall be litigated exclusively in the courts of the State of South Carolina, regardless of any party?s current or future residence or domicile. Bidder further agrees that venue shall be in the Superior Court of Greenville County, in the State of South Carolina. Bidder agrees that any legal action with respect to this Auction Sale is barred unless commenced within one (1) year of the date of this Auction Sale. If any section of these Terms and Conditions of Auction Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any way. Manifest may at its sole and absolute discretion, make loans or advances to Consignors and/or Bidders.