TERMS AND CONDITIONS OF SALE
The property described in this catalogue / website on-line auction, as amended by any posted notices or oral announcements during the on-line sale, will be conducted through Haversat & Ewing Galleries, LLC. (hereinafter collectively referred to as Haversat & Ewing Galleries, LLC. ). These CONDITIONS OF SALE, and the LIMITED WARRANTY 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 /on this online 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. THE AUTHENTICITY OF PROPERTY LISTED IN THIS CATALOGUE IS WARRANTED TO THE EXTENT STATED IN THE "LIMITED WARRANTY." EXCEPT AS PROVIDED THEREIN, ALL PROPERTY IS SOLD "AS IS" AND "WITH FAULT".
HAVERSAT & EWING GALLERIES, LLC 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.
2. HAVERSAT & EWING GALLERIES, LLC 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.
4. Haversat & Ewing Galleries, LLC 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 shall be the purchaser. In the event of any dispute between bidders, Haversat & Ewing Galleries, LLC. shall have the absolute discretion either to determine the successful bidder or to re -offer and resell the lot in dispute. If any dispute arises after the sale, 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 (17%) of the final bid on each lot ("the Buyer's Premium").
8. On the conclusion of the bidding (final bid), 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, in addition to other remedies available to Haversat & Ewing, LLC.by law (including without limitation the right to hold the purchaser liable for the bid price), Haversat & Ewing Galleries, LLC. 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 Haversat & Ewing, LLC. commission at its regular rates and all other charges due hereunder. Haversat & Ewing Galleries, LLC. 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 will be shipped to the purchaser after payment has been made. If payment is not made within 10 days, the purchaser shall be liable for all actual expenses incurred plus a storage charge of seven percent (7%) of the purchase price.
10. Any Purchaser who purchases the property by the on-line auction or absentee bid shall pay an additional charge for the cost of packing, shipping and insurance charges.
CONDITIONS OF SALE
1. 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 Haversat & Ewing Galleries, LLC.
2. Except as may be otherwise expressly provided herein by the limited warranty, 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 Haversat & Ewing Galleries, LLC.. within thirty (30) days of the date of sale, PO Box 1078 - Yardley, PA 19067-3435 U.S.A.
3. The rights and obligations of the parties shall be governed by the laws of the State of Pennsylvania. All bidders and purchasers submit to the personal jurisdiction of the New Jersey State courts and their rules and procedures in the event of any dispute.
4. 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 any representative of Haversat & Ewing, LLC. ) shall be effective unless it is in writing and signed by a representative of Haversat & Ewing, LLC.
5. THE "LIMITED WARRANTY" APPEARING BELOW AND THE "ADVICE TO PROSPECTIVE BIDDERS."
Haversat & Ewing Galleries, LLC. warrants the authenticity 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 Haversat & Ewing LLC. prior to sale).
2. With respect to autograph material, letters, historic documents, literary and musical manuscripts, inscribed books and signed photographs, books, maps and atlases, and any other works not included in (a) above, unless physical inspection would reveal self-evident lack of authenticity, Haversat & Ewing LLC warrants for a period of thirty (30) days from the date of sale the authenticity of each lot catalogued, provided that the claim under the foregoing warranty is made to Haversat & Ewing Galleries LLC within thirty (30) days of the sale. Otherwise the claim under this warranty is deemed waived.
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 "WITH FAULT" 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. 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.
6. With respect to autograph material (see Paragraph 1.a. above), or any print, drawing, or watercolor: in the event that a buyer claims that an item is not authentic, Haversat & Ewing Galleries, LLC 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 Haversat & Ewing Galleries LLC and the buyer, that a lot or portion thereof is not authentic.