Archives International Auctions Sale 38 2 Sessions - 7th February and 8th February 2017 Click Lot Title to Bid

Archives International Auctions - Sale 38 - Sessions 1 & 2

241

February 7-8,2017

Archives International Auctions

www.archivesinternational.com

Archives International Auctions- AIAXXIX Part II

October 29,2015

Archives International Auctions

www.archivesinternational. com

CONDITIONS OF SALE

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

BIDDING

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

as numbered in the printed Catalogue. Archives International Auc-

tions, as agent for the consignor or vendor, shall regulate the bid-

ding and shall determine the manner in which the bidding shall be

conducted. Archives International Auctions reserves the right to

withdraw any lot prior to sale (without liability to any potential pur-

chaser or agent), to re-offer any withdrawn lot, to divide a lot or to

group two or more lots belonging to the same consignor 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 and are not minimum

or upset prices.

(a) Bids shall be made in the steps set forth in paragraph 12.

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

Should a dispute arise between bidders (including a dispute be

tween a floor bidder and the auctioneer acting on behalf of a

mail bidder, consignor or vendor), the auctioneer alone shall de-

termine who the successful bidder is and whether to reoffer the

lot in dispute. Should a dispute arise after the sale, the auction

eer’s sale records shall be conclusive. On all lots sold, a com-

mission of 20%* on the hammer price is payable by the buyer to

the auctioneer (*See exceptions on next page for bids on internet).

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

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

and omissions in executing instructions to bid, however re-

ceived, and whether such errors or omissions be those of the

bidder or agent or those of the auctioneer.

(b) Lots may be offered subject to a reserve price. The auctioneer

may implement such reserve price by bidding on behalf of the

consignor vendor.

ced monies against the sale of their consigned material and

Archives International Auctions therefore has a security interest

in the consigned material over and above the normal auction

commission.

(d) Purchases made by a consignor or vendor or his agent on his

own lots shall be considered as a sale subject to commissions

and sales tax as applicable.

(e) Agents are responsible for the payment of the purchase price

for all purchases made on behalf of their clients, unless other

arrangements with the auctioneer have been confirmed in writ-

ing prior to the auction.

PAYMENT FOR PURCHASES

Payment for lots, including those on which opinions are desired (Con

dition of Sale 8), shall be as follows:

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

there of as Archives International Auctions shall require, shall

be made by the purchaser in cash or bank or certified check or

in such other manner as Archives International Auctions may

determine. The name and address of the purchaser of each lot

shall be given to the auctioneer immediately following the sale

of such lot.

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

purchased. Before Archives International Auctions will send

such lots, payment in full must be received by Archives Interna-

tional Auctions within three (3) business days of receipt of the

aforesaid notification by the mail bidder. However, a purchaser

known to Archives International Auctions at its option may have

purchases delivered or forwarded for immediate payment (by a

dollar draft on a U.S. bank in the case of overseas purchasers).

Mailed delivery will be to the address on the bid sheet and

proof by Archives International Auctions of receipt of a sending

at the advised address shall constitute delivery. All charges for

handling, delivery and insurance obtained by Archives Interna-

tional Auctions on behalf of the purchaser shall be added to the

purchase price; a minimum charge of $10.00 will be made. Risk

of loss in transit shall be on the purchaser.

Title shall not pass to the purchaser until full payment has been re-

ceived by Archives International Auctions as agents for the consign-

or or vendor.

(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 Condi-

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

respect to which such failure to comply occurs, Archives Interna-

tional Auctions 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 Archives International Auctions, 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 proceeds 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 thereunder,

including commissions with respect to both sales, whether

payable to Archives International Auctions or to a third party and

all incidental damages. It shall be in Archives International Auc-

tions’ sole discretion to determine 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 subse-

quent auction conducted by Archives International Auctions. In

no event shall any surplus arising from the sale of a re-offered

lot be payable to a Non-Complying Bidder.

International Auctions a security interest in property in Archives

International Auctions possession owned by such purchaser.

Archives International Auctions shall have all of the rights af-

forded a purchase money secured party under the New York or

New Jersey Uniform Commercial Code with respect to such prop-

erty and may apply against such obligations all monies held or

received by it for the account of, or due from Archives Interna-

tional Auctions to such purchaser. Archives International Auc-

tions is authorized to file a Financing Statement in order to per-

fect its rights as a secured party.

(d) If Archives International Auctions takes any legal steps to secure

payment of a delinquent account, the defaulting purchaser shall

be liable for all legal and other expenses incurred by Archives In-

ternational Auctions to secure such payment, including but not

limited to a reasonable allowance for attorneys’ fees. For pur-

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

include any and all consultation by Archives International Auc-

tions with its attorneys with respect to all matters arising out of a

delinquent account.

(e) Unless otherwise acceptable to Archives International Auctions,

payment is to be made only in the form of cash, bank check or

certified check, credit card (Visa or MasterCard only) or a bank

wire transfer.

EXHIBITION AND INSPECTION OF LOTS; QUALITYAND AUTHENTICITY

(a) On Premises Inspection only. Ample opportunity is given for on

premises inspection prior to the auction date, and, upon written

request and at Archives International Auctions discretion.

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

individual description as modified by any specific notations in this

Catalogue.

scribed may be returned to Archives International Auctions within

two weeks of its receipt by such purchaser (“Returning Pur-

chaser”), provided, however, that the same is received by

Archives International Auctions within four weeks of the date of

the auction; however, Archives International Auctions may, in its

discretion, refuse acceptance of such returned lot. If an opinion

of a generally recognized authority is desired, the period of time

within which a lot must be received by Archives International Auc-

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

the event that a dispute cannot be resolved by reference to a

generally recognized authority, and Archives International Auc-

tions thereupon undertakes to re-offer the lot with a description

identical to thedescription disputed, the Returning Purchaser

shall be liable for the deficiency, if any, between the proceeds 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 returned in-

Archives I ternational Auctions AIAXXIX Part II

October 29, 2015

n o

tact in the condition received by the purchaser. The following lots

are not returnable except at the discretion of Archives Interna-

tional A ctions: (i) lots from purchasers who ttended the xhibi-

tion of the lots; (ii) lots examined by postal viewers; (iii) lots on

account of their appeara ce, if they are illustrated in this Cata-

logue; or (iv) lots described as having repairs, defects or faults

for any reason.

(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 within four weeks

of the date of the auction. Proof that a generally recognized au-

thority declines to express an opinion is normally grounds for the

return of a lot.

(e) Expenses incurred a purchaser in the submission and the return

of a lot under Conditions of Sale 7 are not subject to refund.

SALES TAX

Unl ss presentation of satisfactory proof that it is exempted by law,

a purchaser shall pay to Archives International Auctions New Jersey

or New York State and local sales taxes, or any compensating use

taxes of any other State claiming jurisdiction. A purchaser shall in-

demnify Archives International Auctions and hold it harmless of and

from any claims of any jurisdiction for sales taxes relating to the pur-

chase of articles at the auction, whenever the same may arise.

APPLICABLE LAW, JURISDICTION, ETC.

All matters arising out of this auction shall be governed by the laws

of the State of New Jersey without giving effect to the choice of law

principles thereof.

ARBITRATION

10. Any contr ver y or claim arising out of or relatin to this uct on shall

be settled by arbitr ti

in the City of N w York, Stat of New York in

accordan e with the Rules of the American Arbitration Association

and judgment upon the award rendered by the Arbitrator or Arbitra-

torsmay be entered in any Court having jurisdiction.

JURISDICTION AND VENUE OF ACTIONS

11. The purchaser at this auction (a) consents and submits to the juris-

diction of the Courts of the State of New Jersey or New York and of

the Courts of the United States for a judicial district within the territo-

rial limits of the State of New Jersey for all matters arising out of this

auction sale, including, without limitation, any action or proceeding

instituted for the enforcement of any right, remedy, obligation and li-

ability arising under or by reason thereof; and (b) consents and sub-

mits to the venue of such action or proceeding in the City of Hacken-

sack, County of Bergen, State of New Jersey (or such judicial district

of a Court of the United States as shall include the same, and (c) fur-

ther consents that service of process in any action relating thereto

may be effected by registered mail, return receipt requested address

to the urchase at the address given to the auctioneer at the time of

the sale.

BIDDING STEPS

12. Bidding Steps shall be as follows:

BIDS BY TELEPHONE

(a) Must be confirmed in writing unless waived by the uctioneer.

(b) Any errors are the responsibility of the bidder.

the sale.

BIDS BY FAX OR EMAIL

Bids must be received 1 hour before sale commences — be sure to use

FAX: (201) 871-4345 or EMAIL:

INFO@ARCHIVESINTERNATIONAL.COM

PHONE BIDDING DURING THE SALE

Phone bidding space is limited and available on a first come, first served

basis.

The importance of reserving early cannot be overstated!

Please call us at (201) 944-4800 to reserve your phone bidding space

BIDS BY INTERNET

You may also register to bid live online through our Archives International

Live bidding portal found on our website. There is a 2% additional charge

to bid with this method for a 22% Buyers Premium. If you bid through

eBay Live or Invaluable bidding portal, there is an extra 5% added to our

20% BP so your total BP would be 25%. If you have previously bid with us

in the past, please be aware of the extra charge.

All Coin Lots Sold as is - No Returns Accepted

CONDITIONS OF SALE

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

BIDS INCREASE

Up to $100 $5.00

100-$300 $10.00

300-$750 $25.00

$750-$1,500 $50.00

$1,500-$3,000 $100.00

BIDS INCREASE

$3,000-$7,500 $250.00

$7,500-$15,000 $500.00

$15,000-$30,000 $1000.00

$30,000-$75,000 $2500.00

$75,000 and Up Auctioneer’s Discretion