All sales are final, sold as is, where it is. All statements are our informed opinion only. No warranty of any sort is given.
Conditions of Sale:
1. Some of the lots in this sale are offered subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Holly Auctions, below which the lot will not be sold. In most cases, the reserve will be set below the estimated range, but in no case will it exceed the estimates listed.
2. All property is sold as is, and neither the auctioneer nor any consignor makes any warranties or representation of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability.
3. All merchandise purchased must be paid for and removed from the premises the day of the auction. Holly Auctions may impose, and the purchaser agrees to pay, a monthly storage charge of 1.5% of the purchase price of any lot or portion of a lot not removed by the purchaser within three (3) business days after the date of sale. Holly Auctions shall have no liability for any damage to property left on its premises for more than three (3) days after the date of sale. At the option of Holly Auctions, the merchandise may be transferred to and stored at a bonded warehouse and the purchaser agrees to pay all transfer and storage expenses. Holly Auctions may impose, and the purchaser agrees to pay, a monthly interest charge of 1.5% of the purchase price of any lot or item not paid by the purchaser within thirty-five (35) days of the date of sale.
5. Holly Auctions accepts cash or check for payment. Personal checks will be acceptable only if credit has been established with Holly Auctions, or if a bank authorization has been received guaranteeing a personal check. Holly Auctions reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Holly Auctions a handling charge of $25.00 for any check dishonored by the drawer. Please contact Accounting for additional payment methods. Holly Auctions does not accept payment by credit card for merchandise purchases.
6. If the purchaser breaches any of its obligations under these Conditions of Sale, including its obligation to pay in full the purchase price of all items for which it was the highest successful bidder, Holly Auctions may exercise all of its rights and remedies under the law including, without limitation, (a) canceling the sale and applying any payments made by the purchaser to the damages caused by the purchasers breach, and/or (b) offering at public auction, without reserve, any lot or item for which the purchaser has failed to pay in full the purchase price, holding the purchaser liable for any deficiency plus all costs of sale.
7. In no event will the liability of Holly Auctions to any purchaser with respect to any item exceed the purchase price actually paid by such purchaser for such item.
8. Shipping is the responsibility of the purchaser. Upon request, our staff will provide the list of shippers who deliver to destinations within the United States and overseas. Some property that is sold at auction can be subject to laws governing export from the U.S., such as items that include material from some endangered species. Import restrictions from foreign countries are subject to these same governing laws. Granting of licensing for import or export of goods from local authorities is the sole responsibility of the buyer. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of these lots.
9. All purchases are subject to the Los Angeles 9% sales tax unless the purchaser possesses a re-sales tax exemption number. Exemption numbers from other states are accepted if presented with a business card or letterhead.
10. A premium equal to 18% of the final bid price up to and including $200,000, plus 18% of the final bid over $200,000, will be applied to each lot sold, to be paid by the Buyer as part of the purchase price. The buyers premium on property purchased on Live Auctions will be in the amount equal to 18% of the final bid price up to and including $200,000, plus 18% of the final bid over $200,000.
11. Holly Auctions and its consignors make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Holly Auctions expressly reserves the right to reproduce any image of the lots sold in this catalog. The copyright in all images, illustrations and written material produced by or for Holly Auctions, relating to a lot, including the contents of this catalog, is, and shall remain at all times, the property of Holly Auctions and shall not be used by the purchaser, nor by anyone else, without our prior written consent.
13. These conditions of sale shall be governed by the laws of state of California USA(excluding the laws applicable to conflicts or choice of law). The buyer/bidder agrees that any suit for the enforcement of this agreement may be brought, and any action against Holly Auctions in connection with the transactions contemplated by this agreement shall be brought, in the courts of the Los Angeles or any federal court sitting therein. The bidder/buyer consents to the nonexclusive jurisdiction of such courts and waives objections that it may now or hereafter have to the venue of any such suit.
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