Conditions of Sale
CONDITIONS OF SALE
The property described in this catalog (printed or posted online), as amended by any posted notices or verbal announcements during the sale, will be offered at public auction by PosterConnection, Inc. as agent for consignor(s) subject to the following terms and conditions.
1. By bidding at auction, whether present in person or by agent, by written, telephone or online bid, or by any other means, the buyer agrees to be bound by these Conditions of Sale.
2. For a period of three months from the date of the sale, PosterConnection, as agent, warrants the authenticity of all lots contained in this catalog. This warranty is non-transferable and is made only to the original buyer of record and is conditioned on the said buyer returning the purchased lot in the same condition as at time of sale. The buyer's sole remedy under these warranties shall be the rescission of the sale and refund of the original purchase price paid for the item, and this remedy shall be exclusive and in lieu of any other remedy which might otherwise be available to the buyer as a matter of law.
3. The catalog has been written in good conscience and according to the information available. All property can be inspected and examined prior to the auction. The items contained in the lots are used and, unless otherwise specified, in good condition for their age.
All items are sold "AS IS" and without recourse. Returns are not accepted.
PosterConnection has made reasonable efforts to assure the accuracy of the descriptions but disclaims any warranty regarding such descriptions. Neither PosterConnection nor the consignor(s) makes any representation or warranty, express or implied, with respect to the property or its value, and in no event shall they be responsible for the correctness of description, including, but not limited to, the year of publication, measurements, condition, authorship, or translation of a title, genuineness, attribution, provenance, authorship, completeness, or estimate of value. Information beyond the technical description of the items offered for sale is meant to serve as "help" to the reader of the catalog and is in no respect warranted. Legitimate complaints about authenticity must be made within three days of receiving the item in question but must be submitted within 21 days of the end of the auction and entitle the buyer exclusively to the remedy as set forth in paragraph 2 of these Conditions of Sale.
4. PosterConnection reserves the right to divide any lot, to combine any lots, and to withdraw any lot before or during the sale.
5. All lots are subject to a reserve which is the confidential minimum price below which such lot will not be sold. The reserve price is printed in bold type in the right-hand column of the catalog (or shown online). No bids below the reserve price of any lot will be accepted by the auctioneer.
6. Bidding generally advances in increments of 10%. The highest bidder acknowledged by the auctioneer shall be the buyer. The auctioneer has the right to reject any bid and to vary the bidding increments at his discretion. In the event of any dispute between bidders or any other issue with respect to the highest bidder, the auctioneer has the sole and absolute discretion either to determine the successful bidder, to continue the bidding, or to re-offer and resell the lot in dispute. In the event of any dispute after the sale, PosterConnection's record of final sale shall be conclusive in all respects.
7. Absentee bids will be executed by PosterConnection on the bidder's behalf in competition with other absentee bids and bids from the audience to purchase the item at the lowest price possible. PosterConnection shall not be responsible for any errors or omissions to its execution of such bids. PosterConnection reserves the right to decline to undertake such bids in its sole discretion. All bids must state the highest bid price the bidder is willing to pay. In the event identical bids are submitted, the earliest will take precedence. Bids such as "buy," "maximum," or "at any price" are only valid up to three times the estimated market value. Telephone bids will only be accepted if they are confirmed in writing prior to the auction.
8. Upon the fall of the auctioneer's hammer, title to the offered lot shall pass to the highest acknowledged bidder, who, thereupon (a) immediately assumes full risk and responsibility thereof, (b) if requested, will sign a confirmation of purchase, and (c) will immediately pay the full purchase price as defined in these Conditions of Sale. In the case of absentee bids, the purchase price is payable no later than two weeks after the auction. If payment has not been made in accordance with these Conditions of Sale, PosterConnection shall impose a late charge calculated at the rate of 2% of the total purchase price per month. The buyer shall assume full risk and responsibility for the lot purchased upon the fall of the auctioneer's hammer.
The items purchased at the auction remain the property of the consignor until the full invoiced amount has been paid. Once payment has been made in full, the lot purchased can be collected. No item shall be claimed or removed until the conclusion of the sale. In the event PosterConnection shall, for any reason whatsoever, be unable to deliver the lots purchased by the buyer, its liability shall be solely limited to the rescission of the sale and refund of the purchase price. PosterConnection disclaims all liability for damages, incidental, consequential or otherwise, arising out of its failure to deliver any lots purchased.
9. The purchase price payable by a buyer shall be the sum of the final bid and a buyer's premium of 22% of the final bid on each lot, plus, unless the buyer is exempt by law from the payment thereof, any California state and local sales tax, or any applicable or compensating use tax of another state. An additional buyer's premium of 5% will be charged on any purchase made through a live online auction as posted by PosterConnection in accordance with such live online auction.
10. All items are to be paid for in US currency by (a) cash, (b) money order (c) personal check (all materials remain with PosterConnection until payment clears), (d) direct bank to bank wire transfer (transaction fees, and banking costs must be paid by the buyer), or (e) credit card. We accept VISA, MasterCard, and American Express. We offer a 2% discount on the buyer's premium for invoices paid in full with cash, money order or personal check. Tax is added to all California residents unless a valid Resale Certificate is provided.
11. Upon request by the buyer, packing and/or handling of the purchased lots shall be arranged by PosterConnection with reasonable care but at the entire risk of the buyer. PosterConnection shall instruct an outside contractor to arrange for or otherwise transport the purchased lots. Charges for packing, handling, and insurance are payable by the buyer. PosterConnection disclaims all liability for loss or damages of any kind, arising out of or in connection with the packing, handling, or transportation of any lot purchased.
12. If the buyer fails to comply with one or more of these Conditions of Sale, in addition to other remedies available to PosterConnection and the consignor by law, including but without limitation, the right to hold the buyer liable for the purchase price, PosterConnection may, without notice, at its option, either cancel the sale, retaining as liquidated damages all payments made by the buyer, or resell the property of the buyer either publicly or privately. In such event, the buyer shall be liable for the payment of all deficiencies plus all costs, including without limitations, commissions, handling charges, the expenses of both sales, reasonable attorney's fees, incidental damages, and any other costs or expenses incurred hereunder.
These Conditions of Sale and the buyer's and our respective rights and obligations hereunder are governed by the laws of the State of California. The Conditions of Sale shall bind the successors and assigns of all bidders and buyers and inure to the benefit of our successors and assigns. No waiver, amendment, modification of the terms hereof (other than posted notices or oral announcement during the sale) shall bind PosterConnection unless specifically stated in a writing signed by us. If any part of these Conditions for Sale is for any reason invalid or unenforceable, the rest shall remain valid and enforceable. The invalid or unenforceable part will be replaced by one which legally comes closest to its economic intents and purposes.
