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Any buyer failing to comply with these Conditions of Sale shall be deemed to have granted Profiles a security inter- est in, and Profiles may retain as collateral such security for such buyer’s obligations to Profiles, any property in Profiles’ possession owned by such buyer. Profiles shall have the benefit of all rights of a secured party under the Uniform Commercial Code (U.C.C.) as adopted by the state of California.
10. Warranties. Profiles does not provide any warranties to Bidders or Buyers, whether express or implied, beyond those expressly provided for in these Conditions of Sale.All property and lots are sold “as is” and “where is.” By way of illustration rather than limitation, neither Profiles nor the consignor makes any representation or warranty, expressed or implied, as to merchantability or fitness for intended use, condition of the property (including any condition report), correctness of description, origin, measurement, quality, rarity,importance,exhibition,relevance,attribution,source, provenance, date, authorship, condition, culture, genuine- ness, value, or period of the property.
Additionally, neither Profiles nor the consigner makes any representation or warranty, express or implied, as to whether the Buyer acquires rights in copyright or other intellectual property (including exhibition or reproduction rights) or whether the property is subject to any limitations such as ‘droit morale’ (moral rights) or other rights affect- ing works of art. Bidder/Buyer acknowledges and agrees that if the property embodies any copyright, trademark, or other intellectual property, by the purchase of such property, Buyer/Bidder is not acquiring any interest in any copyright, trademark or other intellectual property that may be embodied or reflected in such property, but is acquiring only such physical embodiment and/or reflection. Profiles does not make any representation or warranty as to title. All descriptions, photographs, illustra- tions, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder), authorship, period, culture, source, origin, measurement, quality, rarity, provenance, impor- tance, exhibition, and relevance, used in the catalog, bill of sale, invoice, or anywhere else, represent a good faith effort made by Profiles to fairly represent the lots and property offered for sale as to origin, date, condition, and other information contained therein; they are statements of opinion only.They are not representations or warranties and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price. Price estimates (which are determined well in advance of the auction and are therefore subject to revision) and condition reports are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices. Bidders are accorded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and Profiles urges Bidders to avail themselves accordingly. Lots and property are not returnable to Profiles for any reason except under Buyer’s limited Remedies set forth in Section 13 below and under the express terms and conditions of Section 13.
11. Limitation of Damages. In the event that Profiles is prevented for any reason from delivering any property to Buyer or Buyer is otherwise dissatisfied with the perfor- mance of Profiles, the liability, if any, of Profiles, shall be limited to, and shall not exceed, the amount actually paid for the property by Buyer. In no event shall Profiles be liable for incidental, special, indirect, exemplary or con- sequential damages of any kind, including but not limited to loss of profits, value of investment or opportunity cost.
12. Unauthorized Statements. Under no circumstances is any employee, agent or representative of Profiles autho- rized by Profiles to modify, amend, waive or contradict any of these Terms and Conditions, any term or condition set forth on the Registration Form, any warranty or limitation or exclusion of warranty, any term or condition in either the Registration Form or these Terms and Conditions regarding payment requirements, including but not limited to due date, manner of payment, and what constitutes payment in full, or any other term or condition contained in any documents issued by Profiles unless such modifica- tion, amendment, waiver or contradiction is contained in a writing signed by all parties. Any statements, oral or written, made by employees, agents or representatives of
Profiles to Bidder, including statements regarding specific lots, even if such employee, agent or representative repre- sents that such statement is authorized, unless reduced to a writing signed by all parties, are statements of personal opinion only and are not binding on Profiles, and under no circumstances shall be relied on by Bidder as a statement, representation or warranty of Profiles.
13. Buyer’s Remedies. This section sets forth the sole and exclusive remedies of Buyer in conformity with Sections 10 (“Warranties”) and 11 (“Limitation of Damages”) here- in, and is expressly in lieu of any other rights or remedies which might be available to Buyer by law.The Buyer here- by accepts the benefit of the consignor’s warranty of title and any other representations and warranties made by the consignor for the Buyer’s benefit. In the event that Buyer proves in writing to Profiles’ satisfaction that there was a breach of the consignor’s warranty of title concerning a lot purchased by Buyer, Profiles shall make demand upon the consignor to pay to Buyer the Purchase Price (includ- ing any premiums, taxes, or other amounts paid or due to Profiles). Should the consignor not pay the Purchase Price to Buyer within thirty days after such demand, Profiles shall disclose the identity of the consignor to Buyer and assign to Buyer all of Profiles’ rights against the consignor with respect to such lot or property. Upon such disclosure and assignment, all responsibility and liability, if any, of Profiles with respect to said lot or property shall automati- cally terminate. Profiles shall be entitled to retain the pre- miums and other amounts paid to Profiles - this remedy is as to the consignor only.The rights and remedies provided herein are for the original Buyer only and 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 circumstances. 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 property 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 dis- claims 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 modification is contained in a writ- ing 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 preceding these pages.They represent a con- tract between Profiles and you, and they contain important terms and conditions such as jurisdiction, payment terms, warranties and remedies.The Conditions of Sale are con- trolling 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 property, condition, rarity, quality, history,
provenance. Estimates are prepared well in advance of the sale and subject to revision. Estimates do not include the buyer’s premium 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 confidential 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 auction; 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 premium 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 encouraged 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 week- days.The viewing schedule for the auction is published in the front of the auction catalog.
Condition Reports
If you wish to obtain additional information on a particu- lar lot, or cannot appear at the viewing, Profiles in History may provide, 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 condi- tion of any lot offered for sale; any information furnished does not modify or negate the limited warranty con- tained 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 complete 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 circumstances will the auctioneer place any bid on behalf of the consignor at or above the reserve.
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