Terms and Conditions
By registering to bid or by placing a bid in this auction, Bidder accepts and agrees to be bound by these conditions of sale as the sole terms and conditions under which the property within the auction is offered for sale by Donald Heald Auctions (Seller), acting as seller or agent for seller.
All items listed in the auction are sold as is and Seller makes no representations of any kind or nature with respect to the item's value and at the sole discretion of Seller shall they be responsible for, but not limited to, correctness of description, origin, genuineness, attribution, provenance, authenticity, measurement, quality, rarity, completeness, condition or estimate of value, except as detailed in the Limited Warranty below. All descriptions, photographs, illustrations, and terminology including but not limited to words describing condition, including but not limited to condition reports, authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the online Auction Catalog, bill of sale, invoice, or anywhere else, represent a good faith effort made by Seller 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. All sizes are approximate.
Seller reserves the right to withdraw property from auction at any time before the final sale.
Seller reserves the right to refuse registrations or bids from any bidder at any time prior to, during or even after the close of auction.
Lots within the auction to be sold by set increments as follows: $2 to $30, $5 to $100, $10 to $500; $25 to $1000; $50 to $2000; $100 to $5000; $200 to $10,000; $500 to $50,000; $1000 to $100,000; and $2000 thereafter. However, Seller reserves the right to amend those increments and/or accept non-increment bids at any time before the final bid, entirely at Seller's discretion.
All lots are subject to a reserve, the minimum price at which the lot will be sold. Seller may implement such reserves by opening the bidding or bidding up to the amount of the reserve by placing successive or consecutive bids including, but not limited to, in response to other bidders.
Estimates are intended solely as a guide for bidding and may be revised at any time prior to a bid being placed on the item in the auction.
Seller is not responsible or liable for any problems, delays or any other issues resulting from use of the internet or internet bidding platforms, including but not limited to Invaluable, relating to the transmission, execution or processing of registrations or bids. Seller is further not responsible for errors in bidding by Bidder, including but not limited to bidding on the wrong lot or the amount of the bid.
Registered bidders may leave absentee bids and/or bid live on the live bidding platform, including but not limited to Invaluable. However, Seller reserves the right to accept and execute absentee bids left directly with Seller and acknowledged in writing, but shall in no event be responsible for failing to carry out instructions. Requests to bid by telephone directly with Seller are at the discretion of Seller. No "buy" or "unlimited" bids will be accepted.
The highest bidder acknowledged by Seller shall be the purchaser. In the event of any dispute between bidders, Seller shall have the absolute discretion either to determine the successful bidder or to re-offer and re-sell the lot in dispute.
After being acknowledged by Seller as the high bidder and the lot closed on the auction platform, title to the lot shall pass to the purchaser, who thereupon immediately assumes full risk and responsibility therefor. However, Seller reserves the right to rescind title should payment not be made in full, per these terms and conditions.
By registering or placing a bid in this auction, bidder personally and unconditionally guarantees payment. Methods of payment to be determined by the Seller and detailed on the auction platform in advance of the sale and/or below. Seller reserves the right to require payment in full before releasing or delivering any lot to the purchaser. Seller further reserves the right to void the sale and rescind title of any lot if payment in full is not received within seven (7) calendar days following invoice date.
The purchase price paid by the buyer shall be the sum of the final bid (hammer price) plus a buyer's premium of 25% of the hammer price (price realized), plus all applicable state and local taxes, including but not limited to the New York City and State sales tax of 8.875% on the price realized. Sales tax exempt buyers must provide completed New York State Resale Certificate or non New York State equivalent. Buyer further agrees to pay all shipping and related costs. Purchases shipped outside of New York State are not subject to New York City or State sales tax.
Applicable shipping, packing, handing and insurance charges will be quoted to the Buyer and if accepted shall be added to the invoice. We have a full service shipping department to ensure proper packing and safe delivery of purchases at reasonable cost, and are specialists at packing and shipping books and works on paper. Our preferred method of shipment is Fedex, signature required. Seller is not responsible for any additional customs fees, duties, import taxes or related charges not specified in the original quote or invoice. Seller is not responsible for damage to, delay or loss in transit of any item.
Payment must be made in U.S. dollars by check, certified check, money order, wire transfer, Paypal (info@donaldheald.com) or the following major credit cards: Visa, Mastercard, American Express, Discover. Purchases made by personal check will be held until payment has cleared. All bank fees, including but not limited to wire transfer fees, shall be paid by the buyer.
Seller makes no representations that the purchaser will acquire any copyright or reproduction rights of the material purchased.
Any rights of the purchaser under this agreement or under law shall only be assignable to the original purchaser and not by any subsequent owner or for any assignee to which the purchaser bid on behalf as agent. No purchaser shall be entitled to damages of any kind beyond return of property and refund of purchase price less shipping related expenses. All claims of a purchaser shall be deemed to be waived and without validity unless delivered in writing within 30 days of the date of the sale and receipt of written claims acknowledged by Seller.
No waiver or alteration of any of these Terms and Conditions of Sale shall be effective unless it is in writing and signed by Seller.
Failure of the Bidder to comply with any of these Terms and Conditions or the terms of the Registration Form is an event of default. In such event, Seller may, in addition to any other available remedies specifically including the right to hold the defaulting Bidder liable for the Purchase Price or to charge and collect from the defaulting Bidder's credit or debit accounts as provided for elsewhere herein: (a) cancel the sale, retaining any payment made by the Bidder as damages (the Bidder understands and acknowledges that Seller will be substantially damaged should such default occur, and that damages under sub-part (a) are necessary to compensate Seller for such damages); (b) resell the property without reserve at auction or privately; (c) charge the Bidder interest on the Purchase Price at the rate of one and one-half percent (1.5%) per month or the highest allowable interest rate; (d) take any other action that Seller, in its sole discretion, deems necessary or appropriate to preserve and protect Seller's rights and remedies. Should Seller resell the property, the original defaulting Bidder shall be liable for the payment of any deficiency in the purchase price and all costs and expenses associated there with, including but not limited to warehousing, sales-related expenses, reasonable attorney fees and court costs, commissions, incidental damages and any other charges due hereunder which were not collected or collectible.
LIMITED WARRANTY
We warrant the authenticity and condition of each lot catalogued herein on the terms and conditions set forth below.
1. Unless otherwise indicated in the respective descriptions (which are subject to amendment by oral or written notices or announcements made by Seller prior to sale), we warrant for a period of one (1) year from the date of sale the authenticity of each lot catalogued herein.
2. Except as noted above, or unless otherwise indicated in the respective description, we warrant for a period of thirty (30) days from the date of sale to the original buyer of record, that each book or manuscript is complete in text and illustration and generally is in such physical condition as may reasonably be expected considering the age and provenance. This warranty does not cover damages to binding, stains or foxing, wormholes, short leaves of text or plates or any defect not affecting the completeness of the text. Moreover, this warranty does not cover the lack of inserted advertisements, blank leaves, cancels or subsequently published volumes.
3. Serial publications, books in original parts, extra-illustrated books, made up "albums" and lots described as "sold as is," "sold not subject to return," "not collated," "collection of " or "group of," and any lot containing more than three (3) items, are sold as is and therefore not covered by these warranties.
4. The benefits of these warranties are not assignable and are applicable only to the original buyer of the lot, and are conditioned on the buyer returning the work in the same condition as at time of sale and in the time period specified.
5. (a) The buyer's sole remedy under these warranties shall be the rescission of the sale and refund of the original purchase price paid for the item, and this remedy shall be exclusive and in lieu of any other remedy which might otherwise be available to the buyer as a matter of law.
(b) In the event that a buyer claims that an item is not authentic, Seller shall have no obligation to rescind the sale unless the buyer has obtained, at the buyer's expense, the opinion of two recognized experts in the field, who are mutually agreeable to Seller and the buyer, that a lot or portion thereof is not authentic.
6. In no event shall Seller be liable for incidental, special, indirect, exemplary or consequential damages of any kind, including but not limited to loss of profits, value of investment or opportunity cost. Under no circumstance will Seller incur liability to Bidder in excess of the purchase price paid.
7. This Limited Warranty and the above Terms and Conditions set forth the sole and exclusive remedies of Bidder in lieu of any other rights or remedies which might be available to bidder by law. No return or refund of any item will be considered except as provided for in these Limited Warranty and Terms and Conditions.
