The property described in this catalogue, as amended by any posted notices or oral announcements during the sale, will be sold by Hearne Southern Auction House as agent for various owners (the consignors). These CONDITIONS OF SALE and the LIMITED WARRANTY and ADVICE TO PROSPECTIVE BIDDERS set forth elsewhere in the catalogue are complete and only terms and conditions on which all property is offered for sale.
By bidding at auction (whether present in person or by agent, by written or telephone bid, or by any other means) the buyer agrees to be bound by these conditions of Sale.
THE AUTHENTICITY OF PROPERTY LISTED IN THIS CATALOGUE IS WARRANTED TO THE EXTENT STATED IN THE "LIMITED WARRANTY." EXCEPT AS PROVIDE THEREIN, ALL PROPERTY IS SOLD "AS IS" AND NEITHER HEARNE SOUTHERN AUCTION NOR THE CONSIGNOR MAKES ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY OR ITS VALUE, AND IN NO EVENT SHALL THEY BE RESPONSIBLE FOR CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE, AUTHENTICITY, AUTHORSHIP,COMPLETENESS, CONDITION OF THE PROPERTY OR ESTIMATE OF VALUE. NO STATEMENT (ORAL OR WRITTEN) IN THE CATALOGUE, AT THE SALE, OR ELSEWHERE SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION, OR ANY ASSUMPTION OF RESPONSIBILITY.
All bids are to be per lot as numbered in the catalogue.
NEITHER HEARNE SOUTHERN AUCTION HOUSE NOR THE CONSIGNOR MAKES ANY REPRESENTATION THAT THE PURCHASER OF MANUSCRIPT MATERIAL PHOTOGRAPHS, PRINTS, OR WORKS OF ART WILL ACQUIRE ANY COPYRIGHT OR REPRODUCTION RIGHTS THERETO.
Hearne Southern Auction House reserves the right (a) to withdraw any property at any time before its actual final sale, including during the bidding, and (b)to refuse any bid from any bidder. The auctioneer is the sole judge as to the amount to be advanced by each succeeding bid.
Any right of the purchaserunder this agreement or under the law shall not be assignable and shall be enforceable only by the original purchaser and not by any subsequent owner or any person who shall subsequently acquire any interest. No purchaser shall be entitled to any remedy, relief or damages beyond return of the property, recission of the sale and refund of the purchase price; and without limitation, no purchaser shall be entitled to damages of any kind.
The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have the absolute discretion either to determine the successful bidder or to re-offer and resell the lot in the dispute. If any dispute arises after the sale, Hearne Southern Auction House's sales records shall be conclusive as to the purchaser, amount of highest bid, and in all other respects.
The purchase price paid by a purchaser shall be the sum of the final bid and buyer's premium of the final bid on each lot ("the Buyer's Premium"), plus all applicable sales tax.
On the fall of the auctioneer's hammer, title to the offered lot or article will pass to the highest acknowledged bidder, who thereupon (a) immediately assumes full risk and responsibility therefor (b) will immediately sign a confirmation of the purchase therefor, setting forth his name and address, and (c) will immediately pay the full purchase price therefor. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to Hearne Southern Auction House adn the Consignor by law (including without limitation the right to right to hold the purchaser liable for the bid price), Hearne Southern Auction House, at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or (b) resell the property, either publicly or privately, for the account and risk of the purchaser, and in such event the puchaser shall be liable for the payment of all deficiences plus all costs, including warehousing, the expenses of both sales, and Hearne Southern Auction House's commission at its regular rates and all other charges due hereunder. Hearne Southern Auction House may also impose late charges of 1.5% per month (or the highest rate allowedunder applicable law, whichever is lower) on any amounts unpaid.
All property shall be removed from Hearne Southern Auction House by the purchaser at his expense no later than five (5) days following its sale.
Except as noted in this paragraph, all lots in this sale are offered for the account of a third party, without any interest (direct or indirect) of the auctioneer or Hearne Southern Auction House. Where Hearne Southern Auction House or an affiliate of Hearne Southern Auction House is the sole or partial owner of the property it is noted by the symbol......next to the description of that lot. Under no circumstances will the Consignor receive any rebate commission. Under no circumstances may the Consignor bid upon or buy back his property.
Except as may be otherwise expressly provided herein, any and all claims of a purchaser shall be deemed to be waived and without validity unless delivered in writing by registered mail return receipt requested to Hearne Southern Auction House within (30) days of the date of sale.
The rights and obligations of the parties shall be governed by the laws of the State of Arkansas. All bidders and the purchaser submit to the personal jurisdiction of the Arkansas State courts and their rules and procedures in the event of any dispute.
No waiver or alteration of any of these Conditions of Sale, the Advice to prospective bidders, the Limited Warranty, the estimates, or any other matter in this catalogue or any other matter whatever (whether made by the auctioneer, or Consignor, or any representative of Hearne Southern Auction House) shall be effective unless it is in writing and signed by a representative of Hearne Southern Auction House.
THE "LIMITED WARRANTY" APPEARING BELOW AND THE "ADVICE TO PROSEPCTIVE BIDDERS" APPEARING OVER LEAF FORM PART OF THESE CONDITIONS OF SALE.
We warrant the authenticity and condition of each lot catalogued herein on the terms and conditions set forth below.
Unless otherwise indicated in the respective catalogue descriptions (which are subject to amendment by oral or written notices or announcements made by Hearne Southern Auction House prior to sale), we warrant for a period of three (3) years from the date of sale the authenticity of each lot catalogued herein. (Please note Paragraphs 3 and 5 below.)
Except as noted above, or unless otherwise indicated in the respective catalogue 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 defects 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.
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.
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.
(a) The buyer's sole remedy under these warranties shall be 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 vent that a buyer claims that an item is not authentic, Hearne Southern Auction House 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 Hearne Suthern Auction House and the buyer, that a lot or portion thereof is not authentic.
Advise for Bidders
ALL PROPERTY IS SOLD SUBJECT TO THIS ADVICE, THE CONDITIONS OF SALE, AND TERMS OF WARRANTY.
INSPECTION OF PROPERTY. Prospective bidders or their agents should inspect property prior to the auction. Hearne Southern Auction House staff are available to advise prospective bidders at all pre-sale exhibitions and by appointment.
BUYER'S PREMIUM. The purchase price payable on any lot purchased will be the total of the final bid plus the Buyer's Premium as defined in paragraph 7 of the Conditions of Sale, plus all applicable sales taxes.
SALES TAX. All items purchased are subject to payment of.........
RESERVES. All lots are subject to a reserve, which is the confidential minimum price agreed to with the seller below which the lot will not be sold. The reserve will never be higher than the low pre-sale estimate, and will never be lower than half the low estimate. Hearne Southern Auction House may implement such reserve by opening the bidding on behalf of the sellerand may bid upto the amount of the reserve by placing successive or consecutive bids for a lot in response to other bidders.
ESTIMATES. The estimates provided are intended as a guide to bidding. The figures are educated guesses, based on recent values. A bid between the listed figures would, in our opinion, have a chance of success (at the time the catalogue was prepared). The estimates are exclusive of the buyer's premium, and may be revised at any time prior to the auction.
BIDDING. All persons attending the auction must obtain a bidding number prior to bidding. If bidds cannot be made in person or by an agent, they may be made by mail, fax, email, or telephone and such bids will be executed without charge.
ABSENTEE BIDS will be executed by Hearne Southern Auction House on the bidder's behalf in competition with other absentee bids and bidding in the room. Every effort will be made to carry out the bidder's instructions, but Hearne Southern Auction House shall in noevent be responsible for failing correctly to carry out instructions, and Hearne Southern Auction House reserves the right to decline to undertake such bids. Bids by mail should be made in U.S dollars on the bid sheet found at the end of the catalogue and in accordance with the instructions on the bid sheet.
REMOVAL OF PROPERTY. All lots purchased shall be removed at the purcahser's risk and expense by the end of the fifth business day following the sale.
SHIPMENT. Upon request, Hearne Southern Auction House will facilitate the shipping of purchases to out-of-town buyers at an additional charge for packing, postage and insurance, but will not be responsible for any loss, damage or delay resulting from the packing, handling and shipment thereof. Unless specific instructions are received , Hearne Southern Auction House is the sole judge of the method to be used for shipment.
LOTS NOT RETURNABLE. Paragraph 3 of the Limited Warranty describes lots which are sold as is and not returnable. Books, manuscripts, prints, drawings, photographs, signatures, or any other property offered in a lot comprising more than 3 items, whether or not such items are individually named, constitute "Grouped Lots." Such "Groupeed Lots" are not subject to return for any reason.
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