RR Auction's July 2013 Rare Manuscript, Document and Autograph Auction

Page 244

no matter where Bidder is situated and no matter by what means or where Bidder was informed of the auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location. Both RR Auction and the Bidder agree that any disputes under these Conditions of Sale, the subject matter hereof, the entering into, or any aspect of the auction, shall be exclusively governed by New Hampshire law, and that any and all claims or actions shall be brought and maintained only in Hillsborough County, New Hampshire. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY. The Bidder hereby consents that any dispute shall be presented in confidential binding arbitration before a single selected Arbitrator selected by the American Arbitration Association. The Bidder and RR Auction herby agree that the dispute shall go to binding arbitration in accordance with the commercial rules of the American Arbitration Association. The American Arbitration Association arbitration shall be conducted under the provisions of the Federal Arbitration Act and the Bidder consents to jurisdiction in the State of New Hampshire. Any dispute, claim, cause of action must be brought within one (1) year of the alleged breach, default or misrepresentation or the claim is waived. After one (1) year, the Bidder hereby releases and discharges RR Auction from any and all legal, equitable, administrative and/or other claims, counterclaims, demands, setoffs, defenses, accounts, suits, debts, dues, actions, causes of action, proceedings, arbitrations, damages, executions, judgments, findings, controversies and disputes, whether known or unknown or suspected or unsuspected, whether in law or equity, that the Bidder have or may have had against RR Auction arising from or relating to any claim whatsoever. Both Bidder and RR Auction agree that these provisions are intended to be binding on all parties in the event of any dispute specifically including third party claims and cross-actions brought by either RR Auction or Bidder, and that absent such agreement, RR Auction would not permit Bidder to bid hereunder. Any violation of the terms of this Paragraph shall entitle RR Auction to reasonable attorney fees and litigation costs in addition to all other available remedies, all of which remain reserved. The Bidder hereby agrees that RR Auction shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than set forth in this paragraph as conclusive evidence of the parties’ agreement, and the parties further agree that the court shall immediately dismiss any action filed in such jurisdiction. An award granted in arbitration is enforceable in any court of competent jurisdiction. The arbitrator’s award may be enforced in any court of competent jurisdiction. This agreement and any claims shall be determined and construed under New Hampshire law. Miscellaneous: Agreements between Bidders and consignors to effectuate a non-sale of an item at Auction, inhibit bidding on a consigned item to enter into a private sale agreement for said item, or to utilize the Auctioneer’s Auction to obtain sales for non-selling consigned items subsequent to the Auction, are strictly prohibited. If a subsequent sale of a previously consigned item occurs in violation of this provision, Auctioneer reserves the right to charge Bidder the applicable Buyer’s Premium and consignor a Seller’s Commission as determined for each auction venue and by the terms of the seller’s agreement. Acceptance of these Terms and Conditions qualifies Bidder as a client who has consented to be contacted by RR Auction in the future. In conformity with “do-not-call” regulations promulgated by the Federal or State regulatory agencies, participation by the Bidder is affirmative consent to being contacted at the phone number shown in his application and this consent shall remain in effect until it is revoked in writing. RR Auction may from time to time contact Bidder concerning sale, purchase, and auction opportunities available. Rules of Construction: Auctioneer presents properties in a number of collectible fields, and as such, specific venues have promulgated supplemental Terms and Conditions. Nothing herein shall be construed to waive the general Terms and Conditions of Auction by these additional rules and shall be construed to give force and effect to the rules in their entirety.

TERMINOLOGY

Condition: Each item in the catalog is described with a statement of opinion indicating its overall condition. The condition of the items we offer generally falls into the following range: good—very good—fine—very fine. Treated as a scale of 1 to 4, good describes an item that has as many as several flaws, which are described in detail; very fine describes an item whose condition and appearance may be regarded as flawless and superior in every respect. Most of the items we offer are in fine condition, meaning that there are no serious flaws. While we make every effort to describe flaws that materially affect appearance and value, we generally do not specify minor or routine flaws, such as (but not limited to) pencil or secretarial notations, mailing folds to letters, normal aging to paper, or tiny bends or creases from normal handling. We encourage prospective bidders to examine the image(s) of each item closely and to contact us with specific inquiries regarding condition. Group Lots: In descriptions of group lots of two or more items, every effort is made to mention any obvious flaws. Bidders should note that condition for group lots is given as a general statement or range, and that specific flaws to single items within the group may be omitted in the interest of catalog space. Questions about group lots, or specific items within a group lot, should be addressed before the close of the auction to Stacey Jordan (Stacey.Jordan@RRAuction.com). Matted and Framed: Many of the items offered for sale in our monthly auctions are described as matted and/or framed. We do not remove items from frames; the given dimensions of items housed in a frame and/or mat indicate sight size only. Photographs and other ephemera used with matted and framed items are not subject to description and condition statements, nor are they considered a reason for return. Condition refers only to the item and not the mat or frame. Our terms of return apply only to the item and not the matting and framing. Any item that is removed from the frame cannot be returned. Returns are only accepted when there is an authenticity question or the description of the item is incorrect. Abbreviations and Terms: ALS - Autograph Letter Signed (a letter entirely handwritten and signed by the given personality) ANS - Autograph Note Signed (a shorter ALS) AQS - Autograph Quotation Signed AMQS - Autograph Musical Quotation Signed DS - Document Signed Endorsement - A signature on the reverse of a check, or a signature on a document indicationg approval or further instructions Ephemera - An unsigned item FDC - First Day Cover Inscribed - “Personalized” ISP - Inscribed Signed Photograph LS - Letter Signed (a letter in a secretary’s hand, but signed by the given personality) Souvenir Typescript - An excerpt from a speech, book, film, etc. or an account of an incident, typed by a collector and signed by the individual noted SP - Signed Photograph Sweet spot - The area on the baseball where the stitched lines are closest together. TLS - Typed Letter Signed Book Grading: Fine (F) - unused, no damage Near Fine (NF) - one or two very minor flaws Very Good (VG) - some signs of wear, but overall sound Good (G) - well-worn but complete Poor (P) - heavily worn, sufficient as a “Reading Copy” All defects will be noted. For complete book grading guide, please check online.


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.