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they may not be assigned or relied upon by any transferee or assignee under any circumstances. Lots containing ten or more items are not returnable under any circum- stances. The exercise of rights under this Section 13 must be made, if at all, within thirty (30) days of the date of sale.
14. Profiles’ Additional Services. For Buyers who do not remove purchased proper- ty from Profiles’ premises, Profiles, in its sole discretion and solely as a service and accommodation to Buyers, may arrange to have purchased lots packed, insured and forwarded at the sole request, expense, and risk of Buyer. Profiles assumes no and disclaims all responsibility and liability for acts or omissions in such packing or shipping by Profiles or other packers and carriers, whether or not recommended by Profiles. Profiles assumes no and disclaims all responsibility and liability for damage to frames, glass or other breakable items. Where Profiles arranges and bills for such services via invoice or credit card, Profiles will include an administration charge.
15. Headings. Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer.
16. Entire Agreement. These Conditions of Sale constitute the entire agreement between the parties together with the terms and conditions contained in the Registration Form. They may not be amended, modified or superseded except in a signed writing executed by all parties. No oral or written statement by anyone employed by Profiles or acting as agent or representative of Profiles may amend, modify, waive or supersede the terms herein unless such amendment, waiver or modifi- cation is contained in a writing signed by all parties. If any part of these Conditions of Sale are for any reason deemed invalid or enforceable, the remaining portions shall remain fully enforceable without regard to the invalid or unenforceable provisions.
AUCTION GENERAL GUIDELINES
Conditions of Sale
Before you bid, you must read the Conditions of Sale, immediately preced- ing these pages. They represent a contract between Profiles and you, and they con- tain important terms and conditions such as jurisdiction, payment terms, warranties and remedies. The Conditions of Sale are controlling over these general guidelines in the event of any conflicts between their respective terms.
Estimate Prices
In addition to descriptive information, each entry in the catalog includes a price range which reflects opinion as to the price expected at auction.These are based upon various factors including prices recently paid at auction for comparable proper- ty, condition, rarity, quality, history, prov- enance. Estimates are prepared well in advance of the sale and subject to revision. Estimates do not include the buyer’s premi- um or sales tax (see under separate heading). See Paragraph 10 of the Conditions of Sale for important restrictions as to reliance on estimated prices.
Reserves
The reserve is the minimum price the seller is willing to accept and below which a lot will not be sold.This amount is confiden- tial and will not exceed the low pre-sale estimate.
Owned or Guaranteed Property
Profiles in History generally offers property consigned by others for sale at public auc- tion; occasionally, lots are offered that are the property of Profiles in History.
Buyer’s Premium and Sales Tax
The actual purchase price will be the sum of the final bid price plus the buyer’s pre- mium of twenty four percent (24%) of the hammer price (discounted to 20% when full payment is made in cash or by valid check); or twenty eight percent (28%) if bid on and won through the internet. California sales tax shall automatically be added to the purchase price unless exempted.
Before the Auction
You may attend pre-sale viewing for all of our auctions at no charge. All property to be auctioned is usually on view for several days prior to the sale. You are encour- aged to examine lots thoroughly.You may also request condition reports (see below). Profiles in History’s staff are available at viewings and by appointment.
Hours of Business
Profiles in History is open from 8 a.m. to 5 p.m. on weekdays. The viewing schedule for the auction is published in the front of the auction catalog.
Condition Reports
If you wish to obtain additional informa- tion on a particular lot, or cannot appear at the viewing, Profiles in History may pro- vide, upon request, a condition report. We remind prospective buyers that descriptions of property are not warranted and that each lot is sold “as is” in accordance with the terms of the limited warranty. Condition reports, as other descriptions of property, are not warranted; they are only provided as a service to interested clients. Neither Profiles in History nor the consignor make any express or implied representation or warranty concerning the condition of any lot offered for sale; any information fur- nished does not modify or negate the limit- ed warranty contained in the Conditions of Sale. See Paragraph 10 of the Conditions of Sale for important restrictions as to reliance on condition reports.
Registration
If you are planning to bid at auction, you will need to register with us. Please arrive 30 or 45 minutes before the sale to com- plete bidder registration and to receive a numbered paddle to identify you if you are the successful bidder. If you are a new client, or if you have not made a recent purchase at Profiles in History, you may be asked to supply bank and/or other credit references when you register. To avoid any delay in the release of your purchases, we suggest that you pre-arrange check or credit approval. If so, please contact Profiles in History at (310) 859-7701 or by fax at (310) 859-3842.
You must acknowledge having read your agreement with all of the Conditions of Sale prior to your registration and prior to your bidding on any lot.
The Auction
All auctions are open to registered bidders only.You must register to bid or otherwise participate.
Bidding
Property is auctioned in consecutive numerical order, as it appears in the catalog. The auctioneer will accept bids from those present in the salesroom or absentee bidders participating by telephone, internet or by
written bid left with Profiles in History in advance of the auction.The auctioneer may also execute bids on behalf of the consignor to protect the reserve, either by entering bids in response to salesroom, telephone, internet or absentee bids. Under no cir- cumstances will the auctioneer place any bid on behalf of the consignor at or above the reserve.
The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve. Bidding increments se registration page.
Absentee Bids
If you cannot attend an auction, it is possi- ble to bid by other means.The most com- mon is the absentee bid, sometimes called an “order bid.” Absentee bids are written instructions from you directing Profiles in History to bid for you on one or more lots up to a maximum amount you specify for each lot. Profiles in History staff will exe- cute your absentee bid as reasonably as pos- sible, taking into account the reserve price and other bids.There is no charge for this service. If identical bids are submitted by two or more parties, the first bid received by Profiles in History will take preference. The auctioneer may execute bids for absen- tee bidders directly from the podium, clear- ly identifying these as order bids. Absentee Bid Forms are available in the back of every auction catalog and also may be obtained at any Profiles in History location. See Conditions of Sale and Registration Form for absentee bid details.
Telephone Bids
It is also possible to bid by telephone if you cannot attend an auction. Arrangements should be confirmed at least one day in advance of the sale with Profiles in History at (310) 859-7701. Profiles in History staff will execute telephone bids from designated areas in the salesroom. See Conditions of Sale and Registration Form for telephone bid details.
Internet Bids
Profiles in History is pleased to offer live Internet bidding at www.profilesinhistory. com. To ensure proper registration, those Bidders intending to bid via the Internet must visit this site and register accordingly at least one full day prior to the actual auc- tion. Please be aware that there is a mini- mum 3-second delay in the audio and visual feeds, which may confuse some bidders. If you have questions about this feature, please call Profiles in History well in advance of the auction. Winning bidders will be notified by Profiles in History. Profiles in History is not and cannot be responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids.
PLEASE NOTE: On some occasions beyond the control of Profiles in History, the Internet bid software or the Internet itself may not physically keep up with the pace of the auction. In order to help avoid disappointment, Profiles in History recom- mends placing a realistic absentee bid now. Occasionally the auctioneer may eliminate or reject an internet live bid, and the auc- tioneer may also reopen a lot after the close of the internet live bidding (typically but not always because a floor bid or a tele- phone bid was missed), and your bid may be rejected even if you were shown to be the winning bidder. By bidding via the internet, you acknowledge and agree that Profiles in History may award the lot to another
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