1. All property is sold AS IS. Attributions of authorship are made in good faith based on information provided to the Estate, but the Estate has neither the expertise nor the capacity to determine authorship of the items offered at the auction. However, the Estate will accept claims as to the genuineness of any item as follows: if any such claim is made within seven (7) days of the purchase and followed, within twenty-one (21) days of the purchase, by a satisfactory demonstration of the lack of genuineness from a recognized expert, then if the item is returned in the same condition as when sold, the purchase price will be refunded.
2. All works shall be available for examination prior to the sale. Prospective bidders may inspect the property before bidding to determine condition, size, and whether or not it has been repaired or restored. There are no representations or warranties, expressed or implied, as to whether the purchaser acquires any copyrights, including but not limited to, any reproduction rights in any property.
3. A buyer's premium will be added to the successful bid price and is payable by the purchaser as part of the total purchase price. The buyer's premium is 15% of any successful bid price.
4. The Estate reserves the right to withdraw any property before the sale and shall have no liability whatsoever for such withdrawal. The Estate reserves the right to refuse any bid.
Upon the fall of the auctioneer's hammer, the highest bidder acknowledged by the auctioneer will be the purchaser and assumes full risk and responsibility for the offered lot, subject to all of the terms and condition set forth herein, and is immediately obligated to pay the full purchase price. In the event of any dispute between bidders, or in the event of doubt as to the validity of any bid, the auctioneer will have the final discretion to determine the successful bidder, cancel the sale, or to reoffer and resell the article in dispute. If any dispute arises after the sale, the auction sale record shall be final and conclusive. If the auctioneer, in his or her discretion, determines that any bid is below the reserve of the article offered, he or she may reject the same and withdraw the article from sale, and if having acknowledged an opening or other bid, he or she decides that any advance thereafter is insufficient, he or she may reject the advance.
All bids are per lot as numbered in the auction listings. All sales are final, and there shall be no exchanges or returns. Payments shall be made by cash, up to a limit of $300 per purchaser, check or credit card as a form of payment. All property must be removed by the purchaser at his or her expense at time of sale. If any applicable conditions herein are not complied with by the purchaser, the purchaser will be in default, and the Estate shall have any and all remedies available to it by law, including without limitation the right to hold the purchaser liable for the total purchase price, including all fees, charges and expenses set forth herein.
Purchasers shall assume possession of purchased items immediately upon payment. As to any items not removed from the premises of the auction, the Estate may arrange for a moving or storage company to take possession of and store such items for the purchaser, at the risk and expense of the purchaser.
Lots marked with a reserve, a confidential minimum price, may be implemented by opening the bidding and continuing to bid up to the amount of the reserve with successive or consecutive bids for a lot, or bids in response to other bidders.
With regard to items sold through silent auction, bidding shall be open until the closing time as announced or posted at the auction. Bids made in the silent auction may not be withdrawn or altered. All bids must comply with the minimum advance stated on the bid sheet. Subject to the same conditions as in the live auction, the registrant with the highest bid on the bid sheet at collection of bid sheets upon the close of the silent auction shall be the purchaser of the item. Any dispute as to the final bid shall be subject to the same conditions as apply to the live auction.
All information provided to Hold My Ticket, LLC, in connection with preregistration for the auction, including credit card information, will be forwarded by Hold My Ticket, LLC, to the Estate.
Any liability of the Estate to a purchaser hereunder shall be limited to the amount of the purchase price actually paid.
These Terms and Conditions of Sale, together with the parties' rights and obligations hereunder, shall be governed by the laws of the State of New Mexico.