Auction Terms and Conditions

WILSON SALE & AUCTION - TERMS AND CONDITIONS OF SALE

“WILSON SALE & AUCTION” REFERS TO PROPERTY, ASSETS, MEMORABILIA, AND OTHER ITEMS FOR SALE AT A SET PRICE AND FOR SALE BY AUCTION FROM THE ASSETS OF JAMES MARK WILSON AND NANI DARNELL WILSON AS EXECUTED AT 25012 KEARNY AVENUE, VALENCIA, CALIFORNIA. TAKING PLACE ON THE DAYS OF SATURDAY-2/29 FOR THE SALE ITEMS AND PREVIEW OF AUCTION ITEMS, AND SUNDAY-3/1 FOR THE CONTINUATION OF THE SALE, AND THE AUCTION 2020.

These CONDITIONS OF SALE, and ADVICE TO PROSPECTIVE BIDDERS set forth elsewhere in the catalogue are the 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) including, but not limited to on-line, the buyer agrees to be bound by these Conditions of Sale.

1. ALL PROPERTY IS SOLD “AS IS” AND “WITH FAULT.” WILSON AUCTION (HEREIN AFTER KNOW AS “SELLER”) MAKES NO 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. THE BUYER IS MAKING THIS PURCHASE AFTER AND IN RELIANCE UPON HIS OR HER FULL AND COMPLETE EXAMINATION OF THE GOODS, AND NOT BY REASON OF ANY REPRESENTATION OF THEIR MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, SPECIFIC ATTRIBUTES OR OTHERWISE, MADE BY OR ON BEHALF OF THE SELLER. It is highly recommended that the buyer examine the item of interest in person or through an agent before making a bid.

2. THE SELLER MAKES NO REPRESENTATION THAT THE PURCHASER OF MANUSCRIPT MATERIAL, PHOTOGRAPHS, PRINTS, OR WORKS OF ART WILL ACQUIRE ANY COPYRIGHT OR REPRODUCTION RIGHTS THERETO.

3. All bids are to be per lot as numbered in the catalogue.  ADDITIONAL ITEMS MAY BE ADDED THAT ARE NOT IN THE CATALOGUE.  THOSE ITEMS WOULD HAVE THEIR OWN LOT NUMBERS, AND ARE CONSIDERED TO BE PART OF THIS SAME AUCTION, AND THEREFORE COVERED BY THESE SAME CONDITIONS OF SALE.

4. The SELLER reserves the absolute 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.

5. Any right of the purchaser under 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, rescission of the sale and refund of the purchase price; and without limitation, no purchaser shall be entitled to damages of any kind.

6. 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 reoffer and resell the lot in dispute. If any dispute arises after the sale, the SELLER sales records shall be conclusive as to the purchaser, amount of highest bid, and in all other respects.

7. The purchase price paid by a purchaser shall be the sum of the final bid and a buyer’s premium of twenty percent (20%) eighteen percent (18%) of the final bid on each lot (“the Buyer’s Premium”). Any on-line purchaser shall pay an additional five percent (5%) of the final bid on each lot in addition to the Buyer’s Premium (“Online Premium”). [We are treating all bidders, in-person or on-line equally.]

8. 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 therefore, (b) will immediately sign a confirmation of the purchase therefore, setting forth his name and address, and (c) will immediately pay the full purchase price therefore. If the foregoing conditions or any other applicable conditions herein are not complied with, SELLER reserves the right to pursue all available legal remedies.

TERMS AND CONDITIONS OF SALE

Including without limitation the right to hold the purchaser liable for the bid price, the SELLER 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 purchaser shall be liable for the payment of all deficiencies plus all costs, including warehousing, the expenses of both sales, and the SELLER commission at its regular rates and all other charges due hereunder. The SELLER may also impose late charges of one and one-half (1.5%) per month (or the highest rate allowed under applicable law, whichever is lower) on any amounts unpaid.

9. All property shall be removed by the purchaser at his/her own expense the day of the sale, and if not so removed may, at the SELLER option, be sent by the SELLER to a public warehouse at the account, risk and expense of the purchaser. Whether sent to a warehouse or stored by the SELLER, the purchaser shall be liable for all actual expenses incurred plus a storage charge of five percent (5%) of the purchase price per day.

10. All purchases must be paid in full (the bid price, buyer’s premium, all applicable taxes, and any other charges) within 3 days of the sale of the item by 5 p.m. Pacific time. Payment must be made in U.S. dollars with cash; bank check or cashier’s check drawn on a U.S. bank, money order; or wire transfer. SELLER reserves the right to retain items purchased by personal check until the check has cleared the bank. The purchaser agrees to pay a handling charge of $75 for any check dishonored or returned check. In the event the purchaser pays by credit card, a 2.5% convenience fee of the entire purchase price including buyer’s premium and any applicable taxes will be added to the entire charge.

CONDITIONS OF SALE

1. The rights and obligations of the parties shall be governed by the laws of the State of California. All bidders and purchasers submit to the personal jurisdiction of the California State courts and their rules and procedures in the event of any dispute.

2. No waiver or alteration of any of these Conditions of Sale, the Advice to Prospective Bidders, the estimates, or any other matter in this catalogue or any other matter whatever (whether made by the auctioneer, or any representative of the SELLER) shall be effective unless it is in writing and signed by a representative of the SELLER.

3. Prospective bidders must register and provide identification prior to the sale. SELLER may require financial references or bank letter of credit prior to being approved to bid at auction. SELLER reserves the right to approve or reject any potential bidder from participating in the sale.

ADVICE TO PROSPECTIVE BIDDERS

1. ALL PROPERTY IS SOLD SUBJECT TO THIS ADVICE, THE CONDITIONS OF SALE, PRINTED IN THE CATALOGUE.

2. Negation of Express Warranties or Intent to Warrant by Description and Inspection of Property. Purchaser agrees that there have been no affirmations of fact or promises made by SELLER relating to the lot or lots and becoming part of the basis of the bargain other than those affirmations and promises expressly set forth herein. Prospective bidders or their agents are strongly advised to personally inspect property prior to the auction. All lots are sold “AS IS” and “WITH FAULT” without recourse to the SELLER. SELLER is not responsible for the accuracy of any statement of any kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. The absence of any reference to the condition of a lot does not imply that the lot is in fine condition or completely free from defects, imperfections, wear and tear, or the effects of aging. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph.

3. Reserves. While most lots will be offered without reserve, some 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. The SELLER may implement such reserve by opening the bidding and may bid up to the amount of the reserve by placing successive or consecutive bids for a lot in response to other bidders.

4. 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).

5. Bidding. All persons attending the auction must obtain a bidding number prior to bidding. If bids cannot be made in person or by an agent, they may be made by mail, fax, e-mail, telephone or on-line, and such bids will be executed subject to additional fees as described above.

6. Absentee Bids will be executed by the SELLER on the bidder’s behalf in competition with other on-line bids, absentee bids and bidding in the room. Every effort will be made to carry out the bidder’s instructions, but the SELLER shall in no event be responsible for failing correctly to carry out instructions, and the SELLER reserves the right to decline to undertake such bids. Bids by mail should be made in U.S. dollars.

7. Removal of Property. All lots purchased shall be removed at the purchaser’s risk and expense immediately following the sale. Purchases not so removed will be treated as set forth in paragraph 9 of the Conditions of Sale.

8. Shipment. Shipment will not be released without written consent from buyer and account must be paid in full to SELLER for all purchases. If SELLER agrees to ship purchased item/items, purchaser agrees to pay an additional charge for the cost of packing, shipping, handling, and insurance charges. In any event, SELLER shall have no liability for any loss or damage to any items, and packing and shipping is at the entire risk to the purchaser.

9. Lots not Returnable. Paragraph 2 of the Advice to Prospective Bidders describes lots which are sold “AS IS” and “WITH FAULT” and not returnable.

10. Purchased Lots. If for any reason a sold lot cannot be delivered in the same condition as at the time of sale, or should any bought lot be misdelivered, stolen, or lost prior to delivery, SELLER shall not be liable for any amount in excess of that paid by the buyer.

Contact

If you have any questions regarding this policy, or your dealings with our website, please contact us here:

Wilson@AllakazamArchives.com