TERMS
OF SALE for bidding in Malter Galleries Inc. Auction 89
The
Alex Malloy "UNRESERVED" Numismatic and Ancient Art Library
Held
Saturday and Sunday, January 12th and 13th 2008
in New York City.
Please read
the following "Terms of Sale" carefully. These terms are
applicable to all floor bidders and mail bidders in this auction,
collectors and dealers alike. Please do not bid in this auction if
you do not agree to all of the terms listed below. Your submission of
bids in this auction constitutes your acceptance of these "Terms
of Sale."
1. This is an auction sale, not an approval sale. At the fall of the
gavel or upon the auctioneer's call of "Sold," all sales
are final. By bidding in this auction, the bidder personally
guarantees payment. The auctioneer has final discretion in all
matters. In case of dispute, the lot(s) in question may be resold.
Lots will be sold in their numerical sequence unless the auctioneer
directs otherwise.
2. Absolutely no lots will be released until payment in full has been
made. Payment (in U.S. funds) may be made in U.S. cash, by personal
check (with proper identification, at the discretion of Malter
Galleries inc.) or by MasterCard, Visa, Discover or American Express
credit cards. Please note that a 2.5% additional charge
will be added to all credit card purchases. Paypal is also accepted
with 3.5% service fee added to final price.
3. A 15% buyer's premium will be added to the final hammer
price of each lot purchased through Malter Galleries Inc., and will
be paid by all bidders, without exception!
3a. Bid
"LIVE" at "Real Time" via EBAY LIVE AUCTIONS. ALL
MALTER auctions are available for WORLDWIDE "live" bidding
from your computer! See link. http://www.ebayliveauctions.com
The buyer's fee for "LIVE" Ebay bidding is 22.5%. You must
register on-line via the link provided in sentence above.
4.
Appropriate NYC sales tax at 8 3/8% will be added to all
invoices, unless a valid NY seller's permit is on file with Malter
Galleries Inc. prior to any bidding in the auction. Items shipped
outside of New York State and the United States of America are also
sales tax exempt.
5. Lots may be returned for a refund if there was
an error made on the part of Malter Galleries Inc. with respect to
that particular lot or lots. Claims must be made in writing
(email preferred) within ten (10) days after receipt of material.
Late remittance constitutes just cause for revocation of all return
privileges. In no event may any lot(s) be returned after thirty (30)
days from the date of the auction. As of March 13th,
2008 ALL SALES ARE FINAL!
6.
ABSENTEE BIDS may be left prior to and or during the auction, and
will take priority over an identical floor bid. In case of a tie mail
bid, the earliest received bid will take priority. ABSENTEE bids sent
via EMAIL are preferred. Bids can also be sent via, FAX
(818-784-4726), phone (818-784-7772) or US mail and will be executed
by Malter Galleries Inc., at no charge. Your bids will be started at
a small increment over the next highest bid, saving the bidder money
wherever possible. Malter Galleries Inc. is not held responsible for
any errors in bidding made on behalf of a mail bidder.
7. SHIPPING. Absentee bidders will receive an invoice detailing the
purchases, sales tax, the buyer's premium, and shipping and handling
charges. PLEASE KEEP IN MIND THAT MOST BOOKS ARE HEAVY AND
SHIPPING MAY BE EXPENSIVE ESPECIALLY WHEN SHIPPED OUTSIDE OF THE USA.
A separate invoice will be sent for the packing and shipping
fees of books once books are collected, weighed and properly accessed
for their final destination!!! All books will be
shipped only upon receipt of payment in full and will be insured for
their full value where applicable. Items shipped outside of the USA
may need the buyer to provide their own insurance. All lots
shipped outside of the U.S.A. are sent at buyer's risk upon clearance
of payment.
8. Estimates (indicated at the end of a lot description) are given
only as a guide, and are not given as starting points for bidding.
Bidding will start at an increment above the second highest mail bid
received. Lots may sell for a price greater than or less than these
estimates. Estimates with a "/" after the dollar amount
indicate that there are that many items in that lot. Example: $500/5
or five items in lot.
9. The auctioneer may open the bidding on any lot by placing a bid on
behalf of the seller. The auctioneer may bid further on behalf of the
seller up to the amount of the reserve, by placing successive bids
for any lot, or by placing bids in response to other bidders. The
auctioneer may accept or decline any bid, or challenge to any bid, as
he in his sole discretion shall determine.
10. Floor and mail bidders who have not yet established credit with
Malter Galleries Inc. must furnish satisfactory credit references or
deposit at least twenty-five percent (25%) of their total bids for
that session(s) or such other amounts as Malter Galleries Inc. may
require before such bids will be accepted. Deposits submitted will be
applied to purchases and any unused portion of such deposit will be
promptly returned.
11. In the event a successful bidder fails to make
payment when due, Malter Galleries Inc. reserves the right to re-sell
the merchandise and bidder agrees to pay for the reasonable cost of
such a sale and also to pay any difference between the resale price
and the previously successful bid, together with any incidental costs
of sale and disbursements.
12. If the auction invoice is not paid for in full when due per
invoice terms, the unpaid balance will bear interest at the highest rate
permitted by law until paid in full. If the matter is referred to an
attorney for collection, bidder agrees to pay all reasonable attorney
fees, court costs and other collection cost incurred by Malter
Galleries Inc. to collect past due invoices and that the services of
process by certified or registered mail, return receipt requested,
shall be sufficient to confer "in personam" jurisdiction
over bidder.
13. Buyer agrees that any claim of controversy arising out of, or
relating to the formation, interpretation of performance of these
terms and underlying transactions or the breach thereof, is subject
to arbitration or judicial proceedings and shall take place within
the County of Los Angeles subject to the laws of the State of
California