Archives International Auctions in Hong Kong January 10th 2015

Archives International Auctions - Hong Kong

10 January, 2015

Archives International Auctions

www.archivesinternational.com

CONDITIONS OF SALE

THE PLACING OF A BID SHALL CONSTITUTE ACCEPTANCE OF THESE CONDITIONS OF SALE

BIDDING

1. Unless announced otherwise by the auctioneer, all bids are per lot, as

numbered in the printed Catalogue. Archives International Auctions in as-

sociation with Kelleher & Rogers, as agent for the consignor or vendor, shall

regulate the bidding and shall determine the manner in which the bidding

shall be conducted. Archives International Auctions in association with

Kelleher & Rogers, reserves the right to withdraw any lot prior to sale (with-

out liability to any potential purchaser or agent), to re-offer any withdrawn

lot, to divide a lot or to group two or more lots belonging to the same con-

signor or vendor, and to refuse any bid believed not made in good faith.

Estimates of sales prices contained in the printed Catalogue reflect the best

judgment of Archives International Auctions in association with Kell,and are

not minimum or upset prices.

2. (a) Bids shall be made in the steps set forth on the bidding page (ii).

(b) The highest bid acknowledged by the auctioneer shall prevail. Should

a dispute arise between bidders (including a dispute between a floor

or nternet bidder and the auctioneer acting on behalf of a mail bid

der, consignor or vendor), the auctioneer alone shall determine who

the successful bidder is and whether to reoffer the lot in dispute.

Should a dispute arise after the sale, the auctioneer’s sale records

shall be conclusive. On all lots sold, a commission of 18% on the

hammer price is payable by the buyer to the auctioneer together with

any sales and use tax or customs duties.

3. (a) The auctioneer reserves the right to bid on behalf of clients (and

consignors or vendors) but shall not be liable for errors and omis

sions in executing instructions to bid, however received, and whether

such errors or omissions be those of the bidder or agent or those of

the auctioneer.

(b) Lots are offered subject to a reserve price. The auctioneer will

implement such reserve price by bidding on behalf of the consignor

vendor.

lots shall be considered as a sale subject to commissions.

PAYMENT FOR PURCHASES

4. Payment for lots, including those on which opinions are desired

(Condition of Sale 7), shall be as follows:

(a) Floor Bidders. Payment of the purchase price, or such part there of

as Archives International Auctions in association with Kelleher &

Rogers, shall require, shall be made by the purchaser in cash or

bank or certified check or in such other manner as Archives Interna

tional Auctions in association with Kelleher & Rogers, may

determine.

(b) Mail Bidders. A successful mail bidder will be notified of lots pur

chased. Before Archives International Auctions in association with

Kelleher & Rogers, will send such lots, payment in full must be

received by Archives International Auctions in association with

Kelleher & Rogers, within three (3) business days of receipt of the

afore said notification by the mail bidder. However, a purchaser

known to Archives International Auctions in association with Kelleher

& Rogers at its option may have purchases delivered or forwarded

for immediate payment. Mailed delivery will be to the ad dress on

the bid sheet and proof by Archives International Auctions in asso

ciation with Kelleher & Rogers of receipt of asending at the advised

address shall constitute delivery. All charges for handling, delivery

and insurance obtained by Archives International Auctions in asso

ciation with Kelleher & Rogers on behalf of the purchaser shall be

added to the purchase price..

5. Title shall not pass to the purchaser until full payment has been received

by Kelleher & Rogers as agents for the consignor or vendor.

6. (a) Purchasers agree to pay for lots as specified in Condition of Sale 4

(or as the same may be modified by Condition of Sale 8), and no

credit is extended; a late payment charge of 2% per month or fraction

thereof shall be added if payment is not made in accordance with

the aforesaid conditions.

(b) In the event that a bidder shall fail to comply with these Conditions

of Sale (“Non-Complying Bidder”), then, as to any lot with respect to

which such failure to comply occurs, Archives International Auctions

in association with Kelleher & Rogers, may, in its sole discretion,

re-offer such lot during the same auction or at an auction at a later

time, or by private treaty at such time as K Archives International

Auctions in association with Kelleher & Rogers, in its sole discretion,

deems appropriate and the Non-Complying Bidder shall be liable for

the deficiency, if any, between the hammer price and the net pro

ceeds of a sale to a subsequent purchaser, whether at auction or by

private treaty, as well as for all costs and expenses of both sales, all

other charges due there under, including commissions with respect

to both sales, whether payable to Kelleher & Rogers or to a third

party and all incidental damages It shall be Archives International

Auctions in association with Kelleher & Rogers sole discretion to de-

termine whether to re-offer the lot theretofore hammered-down to a

Non-Complying Bidder at the same auction, or by private treaty in

due course, or at a subsequent auction conducted by Archives In

ternational Auctions in association with Kelleher & Rogers. In no

event shall any surplus arising from the sale of a re-offered lot be

payable to a Non-Complying Bidder.

Rogers takes any legal steps to secure payment of a delinquent ac

count, the defaulting purchaser shall be liable for all legal and other

expenses incurred by Archives International Auctions in association

with Kelleher & Rogers to secure such payment, including but not

limited to a reasonable allowance for attorneys’ fees. For purposes

of this paragraph, the term legal steps shall be deemed to include

any and all consultation by Archives International Auctions in asso

ciation with Kelleher & Rogers with its attorneys with respect to all

matters arising out of a delinquent account.

(d) Unless otherwise acceptable to Archives International Auctions in

association with Kelleher & Rogers, payment is to be made only in

the form of cash, bank check or certified check, personal check

(which must clear prior to delivery of lots), credit card (Visa or Mas

terCard only), PayPal or a bankwire transfer.

INSTRUCTIONS FOR PAYMENT BY WIRE TRANSFER

Name of Bank: Bank of America ABA/Routing Number: 026009593

Swift Code: BOFAUS3N

Account #: 0023 7766 9642 Account Title: Archives International LLC

EXHIBITION AND INSPECTION OF LOTS; QUALITYAND AUTHENTICITY

7. (a) See viewing schedule for on-premises viewing. Ample opportunity is

given for on premises inspection prior to the auction date, and, upon

written request and at Archives International Auctions in association

with Kelleher & Rogers discretion.

(b) Each lot is sold as genuine and correctly described, based on indi-

vidual description as modified by any specific notations in this

Catalogue.

scribed may be returned to Archives International Auctions in asso

ciation with Kelleher & Rogers within two weeks of its receipt by such

purchaser (“Returning Purchaser”), provided, however, that the

same is received by Archives International Auctions in association

with Kelleher & Rogers within four weeks of the date of the auction;

however, Archives International Auctions in association with

Kelleher & Rogers may, in its discretion, refuse acceptance of such

returned lot. If an opinion of a mutually acceptable authority is

desired, the period of time within which a lot must be received by

Archives International Auctions in association with Kelleher & Rogers

will be extended in accordance with Condition of Sale 8. In the event

that a dispute cannot be resolved by reference to a mutually accept

able authority, and Archives International Auctions in association with

Kelleher & Rogers thereupon undertakes to re-offer the lot with a

description identical to the description disputed, the Returning

Purchaser shall be liable for the deficiency, if any, between the pro

ceeds of the sale to the Returning Purchaser and the proceeds of a

sale to a subsequent purchaser, as well as for all costs

and expenses of the re-sale, including commission, and all incidental

damages. Any lot, the description of which is disputed, must be re

turned intact and in the original packaging and in the condition re

ceived (unaltered) by the purchaser. The following lots are not re

turnable except at the discretion of Archives International Auctions

in association with Kelleher & Rogers: (i) lots from purchasers who

attended the exhibition of the lots; (ii) lots examined by postal view

ers; (iii) lots on account of their appearance, if they are illustrated in

this Catalogue; or (iv) lots described as having repairs, defects or

faults for any reason. (v) lots containing more than ten (10) items.

(d) Authenticity. Any lot which is declared otherwise than genuine by

a generally recognized authority is returnable, provided such lot is

received by Archives International Auctions in association with Kelle

her & Rogers within four weeks of the date of the auction. Proof that

a mutually acceptable authority declines to express an opinion is not

grounds for the return of a lot.