Archives International Auctions - Hong Kong
61
27 September, 2014
Archives International Auctions
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out liability to any potential purchaser or agent), to re-offer any withdrawn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.
(c) Purchases made by a consignor or vendor or his agent on his own
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.
(c) If Archives International Auctions in association with Kelleher &
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.
(c) Quality. Any lot which a purchaser considers to be incorrectly de
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.
