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Fitzgeralds Antiquities and Fine Books Auction House Terms and Conditions Bidder Agreed to Contract and Requirement of Bidding Hello Bidder, Bidding at an auction should not be complicated or confusing. Our terms have become stronger because of people bidding and dropping out of site, and not paying. If you bid and have a problem paying, please contact us so we can work things out. We understand emergencies and work with everyone. If you purchase items and cannot complete the process in any way, please let us know so we do not continue after you for payment. We are here to sell items and have repeat customers. We are not here to force a sale. If you do not respond we know we have a issue and you probably are not going to pay. Because of these issues we are requiring anyone outside of the USA to follow different criteria?s then those in the USA. A deposit by Credit or Debit card guaranteeing fulfilling the bidder?s obligation. A dollar amount limit in bidding inside the USA without some form of credit guarantee for large dollar purchases. We are sorry if this is a inconvenience, Please work with us. Any questions you can call us at 1-800-843-2658 Shermon Garrett THE "TERMS and CONDITIONS? OF SALE ATTACHED HERETO FORM PART OF THIS BIDDER CONTRACT. BY BIDDING IN THIS AUCTION, YOU ACKNOWLEDGE RECEIPT OF AND AGREE TO HAVE READ AND ARE TO BE BOUND BY THE TERMS OF THIS BIDDER CONTRACT. AUCTION CONTRACT AGREEMENT 1)TERMS and CONDITIONS By submitting your bid, and bidding in this auction, you are agreeing to Terms and Conditions of the sale and that You have read and agree with all the Auctioneer Terms and Conditions of this sale. The following Terms and Conditions of Sale to Bidders are conditions upon which all property is offered for sale by Fitzgeralds (the auction house). 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. Additional terms and conditions, and/or amendments to the terms, may be posted or announced from the auction block prior to the sale and shall be equally binding. 2)WARRANTY and ESTIMATES Property is sold "as is" and "where is" and sold not subject to return unless agreed to by auction house. Contact us if you have any issue and we will try to work it out. Fitzgeralds makes no warranties or representations of any kind or nature with respect to the property or its value. No statement (oral or written) in the catalogue (online or print) by Fitzgeralds (or by their respective agents), at the sale, or elsewhere shall be construed as a warranty, express or implied. Condition statements, grades, weights and any other statements regarding any lot are statements of opinion only. Neither Fitzgeralds (nor any agent or representative thereof) makes any representation that the purchaser of print material or works of art will acquire any copyright or reproduction rights thereto. The estimates provided are intended as a guide to bidding. The figures are educated guesses based on recent trends, and such estimates reflect our opinion as to the amount for which a lot will sell in an auction setting. The estimates are exclusive of the buyer's premium and may be revised at any time prior to the auction. Final bid prices may be significantly higher or lower than the estimated valued figure. The estimates are often a small fraction of retail prices one may or may not find for similar items on the retail market, and thus, the estimates do not imply any warranty or guarantee of retail or intrinsic value. All lots are sold as is, where is with no warranties implied. 3)IDENTIFICATION and CREDIT in ORDER TO BID Government issued ID, preferably a current driver's license, or credit debit card with validation of ownership is required to register for high spending amounts. For out-of-town bidders, a photocopy or facsimile of ID is enough if a credit card is validated. Bidders registering for the sale may, at our discretion, be required to provide credit references, additional proof of identity, or any other details Fitzgeralds deems necessary to establish the bidder?s credibility. Bidders out of the USA and some online bidders to bid over a certain dollar amount may be required to provide credit card information to us prior to the auction to secure their bids even with proper ID. Any lots won, and shipping charges, will be charged to the credit card provided and billed in US currency. 4)INSPECTION of PROPERTY Prospective bidders or their agents should request any information they may need prior to the auction. Fitzgeralds staff are available to advise prospective bidders before sale exhibitions and by appointment. Catalog descriptions are provided for the bidder's consideration but should not be construed as a substitute for physical examination of property. All lots are available for more information or photos prior to sale, and bidders are encouraged to inspect lots prior to bidding and ask any questions needed to confirm what they are bidding on. We can be contacted at 1-800-843-2658 or 804-213-0404, Monday thru Friday, 8:30 to 5:00 EST. 5)BIDDERS All persons attending the auction must obtain a bidding number prior to bidding. Regardless of the bidding method, each bidder is required to register for the sale and has agreed with the Bidder Contract by obtaining a bidder number. 6)ABSENTEE BIDS Bids will be executed competitively by Fitzgeralds on the bidder's behalf. Bids by absentee should be stated in U.S. dollars using the Absentee bidder form available by request from Fitzgeralds by email or by postal mail. 7)BIDDING and PROCEDURES All bids are to be per lot as numbered in the catalogue. Fitzgeralds reserves the absolute right to withdraw any property at any time including during the bidding. Fitzgeralds also reserves the right to refuse any bid from any bidder. The auctioneer is the sole judge as to the amount to be advanced by each succeeding bid. The auctioneer may modify the increments at any time. The highest bidder acknowledged by the auctioneer shall be the purchaser. On the fall of the auctioneer's hammer, title to the offered lot or article will pass to the highest acknowledged purchasing bidder or buyer, who thereupon immediately assumes full risk and responsibility therefor, and who will pay the full purchase price therefor. The purchase price paid by a purchaser shall be the sum of the final bid and a buyer's premium as posted added to the final bid on each lot ("the Buyer's Premium"), plus all applicable sales taxes and shipping charges. Tax-exempt bidders must provide proof of exemption at the time of registration. Fitzgeralds (or agents thereof) reserves the right to bid on behalf of phone or absentee bidders or pass lots during the bidding process as may be necessary to protect Consigner seller reserves. Any collusion by bidders to effect selling prices is strictly prohibited, and any parties found to be engaged in such activity may fully be prosecuted of the law. 8)BIDDER DISPUTES and FILING TIME PERIODS for PURCHASER CLAIMS 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 listed in the dispute later. If any dispute arises after the sale, Fitzgeralds Antiquities sales records shall be conclusive as to the purchaser, amount of highest bid, and in all other respects. 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 Fitzgeralds Antiquities within fifteen (15) calendar days of the date of sale. 9)ITEMS MISSING or UNAVAILABLE ITEMS Fitzgeralds also reserves the rights to cancel any items won if items are damaged or deemed missing or made unavailable after auction has taken place. Any billing paid that has taken place will be refunded if collected or not billed at all if found out problems exist before the item is drawn for shipping or pick up. Consignment items are contingent upon the consignee fulfilling their contract with Fitzgeralds. Fitzgeralds is not responsible for issues deriving from Consignee issues to buyer accept refunding moneys if product is made unavailable. 10)WINNING BIDDERS PAYMENTS and TIME PERIODS Payment is due at the end of the sale and floor bidders must pay before leaving or receiving the item. Out of town and out of country bidders will be sent an invoice and sums shall be due within 5 days. Invoices will generally be sent to winning bidders within two days after the auction. Longer time periods on invoicing may be depending on whether the auction closing date falls on a Weekend or Holiday. The winning bidder agrees to pay a buyer's premium and agrees to all additional terms as posted in this auction. Any issues with paying please contact us. Payment may be remitted by Credit Card at a 3 percent handling fee by calling the auction house, Cash, Cashier's Check, Money Order, or by Wire. Using PayPal for payment: PayPal may be used for payment under certain conditions only. PayPal payment must be sent to Family and Friends and not for the purchase of an item. If payment is sent for the purchase of an item through PayPal they require items being shipped first. We do not ship anything without cleared payment. Fitzgeralds Antiquities will not release property to be shipped until the funds have cleared our bank. Wire transfers must be sent in U.S. Dollars, and the buyer is responsible for all costs related to the transfer. Any questions contact us about payment at (804-213-0404) or 1-800-843-2658. 11)SALES TAX All items purchased are subject to payment of City and State sales taxes unless the purchaser presents proof of exemption therefrom. Purchases will not be released unless all sales tax requirements are satisfied. Purchases shipped outside of the State of Virginia are not subject to sales tax at this time. In state purchases are subject to sales tax (6%) unless a) the buyer provides proof of tax-exemption and sends us a completed form ST-5 prior to the auction, or b) the purchaser is not a resident of Virginia and items are being shipped outside of Virginia. 12)NON-PAYING BIDDERS If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to Fitzgeralds and the Consignor by law (including without limitation the right to hold the purchaser liable for the bid price and all expenses incurred. Fitzgeralds may resell the property, either publicly or privately, within 15 days after the auction if terms are not completed. The buyer loses all rights to the property and will be listed as a nonpaying bidder. 13)REMOVAL of ITEMS AFTER WINNING Once the bidder wins the auction the item is considered the property of the purchasing bidder. All property shall be removed from Fitzgeralds at the purchasing bidders? expense five (5) days following its sale for onsite or out of town bidders. Any lots not removed from our premises (and/or storage facility) within 10 calendar days of the auction date will be forfeited. After this time period Fitzgeralds has the right to resale the item no longer belonging to the bidder and list the bidder as a non-compliant bidder with no exceptions. Buyer under circumstances may contact us and arrange longer periods by email and our agreement. 14)LOCAL SHIPPERS and SHIPPING CONSIGNMENT All shipments must be arranged within the 5 days from the auction date unless item is a consignment item and longer time is needed to complete the shipment for receiving the item to complete the shipment. Shipment may be made by any shipper the buyer desires to use. Fitzgeralds will give a list of local shippers on the payment invoice if requested. Fitzgeralds offers to its buyers to ship the item by the auction house for small items only. Buyer will be billed Fitzgeralds billing rate which is normally less expensive than an outside shipping company as we are not doing it for profit but as a courtesy to the buyer. In house shipping will take place within 10 days from time of payment unless item is delayed as a consignment item which may take a longer period, depending on if the consignment is from the US or another country and has to be shipped to us. Call 1-800-843-2658 or 804-213-0404 to arrange other shipment criteria. The billing for this shipment will be the cost of packaging and shipping and time as well as insuring the item with shipping charges. All shipping cost will be billed separately from the auction purchase and calculated once the purchased item has been paid for. Fitzgeralds accepts no responsibility of the item during this process. Fitzgeralds will not be responsible for any loss, damage or delay resulting from the packing, handling and shipping thereof. Please be sure that the shipping address shown on your account is accurate. Remember that shipping is offered as a courtesy, at, at the buyer's risk. If we ship to the address which the bidder provides and the shipment is undeliverable (due to error, buyer's negligence, or absence), then the buyer is responsible for the return shipping costs we incur when the item is returned to us as well as the re-shipping of the item back to them. 15)BIDDERS and PURCHASERS RIGHTS 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. No purchaser shall be entitled to any remedy, relief or damages beyond return of the property. This is only if return is accepted by the auction house and return procedures are followed by sending in writing, by registered mail return receipt requested to Fitzgeralds Antiquities within fifteen (15) calendar days of the date of sale. This indicates the rescission of the sale and refund of the purchase price only. Refund will be made once the return has been made and the item is inspected to be in the condition as it was when sold. Without limitation, no purchaser shall be entitled to damages of any kind. Fitzgeralds has the right to cancel any bid if item becomes unavailable for any reason after the bidding has ended. No waiver or alteration of any of these Terms or Conditions of Sale to Bidders shall be effective unless it is in writing and signed by a representative of Fitzgeralds or unless it is publicly announced by the auctioneer from the auction block prior to sale. All Legal matters involving the rights and obligations of all parties shall be governed by the laws of the State of Virginia. All Bidders, Purchasers and Auction House are subject to the personal jurisdiction of the Virginia State Courts and their rules and procedures in the event of any legal dispute or claim against the Auction House or Bidder. 16)CONSIGNORS and BOOK PURCHASES Fitzgeralds sells items on consignment under a Consignor contract. We also buy Antique Books for resale from individuals and bookstores. If interested in Fitzgeralds consigning an item for auction or selling an antique book to us, please contact us at 1-800-843-2658 or email us at fitzant@outlook.com ADDITIONAL INFORMATION SELLER Fitzgeralds Antiquities, Fitzgeralds Antiquities and Fine Books, Fitzgeralds and the Auction House are all one and the same and are a representation of the same entities and are considered the Auctioneer or Seller. BIDDER Bidder is the Purchaser or buyer and are one in the same. By submitting your bid, and bidding in this auction, you are agreeing to all the following Terms and Conditions of this Agreement. AUCTION TYPES: AUCTION with RESERVES Lots are sold subject to a reserve, which is the confidential minimum price, or the lot will not be sold. The reserve will never be higher than the low pre-sale estimate. In many cases, the auctioneer will implement such reserve by opening the bidding at the reserve price. ABSOLUTE AUCTION Lots are sold without a reserve and are sold at the last highest bidder call on the fall of the auctioneer's hammer. There is no minimum bid past the starting bid. Some lots may be passed if deemed by the auctioneer to do so.