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Conditions of Sale

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Conditions of Sale

Terms of Sale
THERE ARE NO  BUYER'S COMMISSIONS ADDED.
ONLY APFELBAUM AUCTIONS GUARANTEE YOUR SATISFACTION. BUY WITH CONFIDENCE. ANYLOT NOT AS DESCRIBED CAN BE RETURNED WITHIN 10 DAYS OF RECEIPT. PLEASE INCLUDELOT CARDS & ORIGINAL PAPERWORK. ON RETURNS, THE BUYER IS RESPONSIBLE FORPOSTAGE AND FREIGHT COSTS.

(267) 763-0216 - 1-800-523-4648

PLEASE NOTE
We will not be held responsible for typographical errors on lots, and reservethe right to withdraw such lots from sale.


Conditions
I.
All bids are per lot as numbered in the catalog. We reserve the rightto withdraw any lot prior to sale, to divide a lot, or to group two or more lots.

II. The first buyer shall prevail. Should any dispute arise between buyers, the decision of the auctioneer as to the successful bidder and the re-offering or resale of the lot under dispute shall be final. The auctioneer shall regulate the bidding and reserves the right to refuse any bid believed by him not to be made in good faith.  Neither we nor the auctioneer shall be liable for errors and omissions in executing instructions to bid, whether caused by our negligence, the auctioneers' negligence, or otherwise.

III. ANY LOT IN THIS SALE MAY BE SUBJECT TO A RESERVE,  BID ONLY AS MUCH AS YOU ARE PREPARED TO PAY AS IN MOST CASES BIDDERS PAY THEIR TOP BID.

IV. Buyer. A successful buyer will be notified oflots purchased and must remit payment before the lots are sent. Payment mustbe received by us within fifteen (15) days of mailing of notification.  A personknown to us, or who furnishes satisfactory references, may at our option, havepurchases forwarded for immediate payment.  Proof, by the auctioneers, ofreceipt of a sending at the advised address shall constitute delivery. All buyersare expected to pay for lots immediately upon receipt, unless special arrangementshave beenmade prior to the sale.

V. Title shall not pass to the buyer until full payment isreceived by us. If for any cause (other than a cause for which buyer is responsible)any item sold cannot be mailed or delivered by us, or cannot be mailed or deliveredin as good condition as the same may have been at the time of sale, the salewill be cancelled, and any amount that may have been paid on account of the salewillbe returned to the purchaser with legal interest.

VI. If a buyer shall fail to comply with these Conditionsof Sale, then, as to any lot with respect to which such failure to comply occurs,we shall be entitled (but not obligated), at our sole discretion, to resell thelot or cause it to be resold by public or private sale, without notice to thebuyer and in any manner of sale (whether or not commercially reasonable), andto hold the non-complying buyer liable for any deficiency in the purchase priceattending such resale, as well as for all charges, costs and expenses incurredin both sales, and all incidental damages. In no event shall any surplus arisingfrom such resale be payable to the non-complyingbuyer.

VII. If we take any action to enforce these Conditions of Saleor to secure payment of any amount due to us from a purchaser, thedefaulting bidder or purchaser shall be liable for all legal and other costsand expenses incurred by us, including but not limited to reasonable attorneys'fees.

VIII. SUCCESSFUL BUYER'S AGREE TO PAY FOR LOTS AS SPECIFIED ABOVEAND NO CREDIT IS EX- TENDED. A LATE PAYMENT CHARGE OF 1 1/2% PER MONTH IS IMPOSEDON OVERDUE PAYMENTS. THIS IS 18% PER YEAR. MINIMUM MONTHLY SERVICE CHARGE WILLBE $1.00. ALL LOTS DELIVERED IN PENNSYLVANIA ARE SUBJECT TO 7% SALES TAX. A 15%BUYERS COMMISSION WILL BE ADDED TO ALL PURCHASES. LOTS WILL BE CONSIDERED ASPAID WHEN ALL FEES, INCLUDING BUT NOT LIMITED TO, SHIPPING, HANDLING AND LATECHARGES,IN ADDITION TO THE PURCHASE PRICE AND COMMISSION(S) ARE PAID IN FULL.

IX. EACH LOT IS SOLD AS GENUINE BUT WHEN IN THE OPINION OF ANYCOMPETENT AUTHORITYMUTUALLY ACCEPTABLE TO US AND THE PURCHASER (A "MUTUALLY ACCEPTED AUTHORITY”)THE LOT IS DECLARED OTHERWISE, THE PURCHASE PRICE WILL BE REFUNDED IN FULL. PROVIDEDADVANCE WRITTEN NOTICE OF INTENTION TO SEND FOR EXPERTIZATION IS SUBMITTED BEFORETHE SALE AND EITHER (i) THE LOT IS RECEIVED BY US WITHIN A PERIOD OF FOUR WEEKSAFTER THE DATE OF THE AUCTION, OR (ii) WHERE AN OPINION IS NOT EXPECTED WITHINFOUR WEEKS, WRITTEN NOTIFICATION THAT THE LOT HAS BEEN SUBMITTED FOR AN OPINIONIS RECEIVED BY US WITHIN THIS PERIOD. ALL EXPENSES INCURRED SHALL BE BORNE BYTHE PURCHASER WHETHER OR NOT THE ITEM IS DECLARED GENUINE OR NOT GENUINE OR NOTAS DESCRIBED.

X. Grading -By buying in this sale, the bidder acknowledgesthe following: Grading is an art and not a science. The Grade herein representsthe opinion of Apfelbaum based upon its experience. It is possible that two peoplewill not always grade the same item alike. Also, as market conditions change,grading standards change, and will most likely do so in the future. Each bidder'sown examination of the item(s) should be the criterion and not the grade representedby another. In any purchase or sale, the value of the item(s) is determined bythe price. Should you not agree with our grading, any lot is returnable withinthirty days for a full refund.

XI. ANY LOT, WHICH IS IN THE BUYERS OPINION, NOT AS DESCRIBEDIS RETURNABLE (A) WITHIN THIRTY DAYS OF RECEIPT, AND (B) IF RECEIVED BY US WITHINFOUR WEEKS FROM THE DATE OF THE AUCTION. ALL SUCH LOTS MUST BE RETURNED INTACTAND IN THE SAME CONDITION AS PROVIDED TO PURCHASER. POSTAGE FOR ANY RETURN WILLBE PAID BY THE PURCHASER, NO ADJUSTMENT. THE FOLLOWING LOTS ARE NOT RETURNABLE:LOTSFROM PURCHASERS WHO HAD EXAMINED THEM BEFORE THE AUCTION; LOTS OFFERED "ASIS". LOTS NOT AS DESCRIBED ARE RETURNABLE WITHIN TEN DAYS OF RECEIPT. HOWEVER,THE BUYER IS RESPONSIBLE FOR POSTAGE CHARGES TO HIS DELIVERY ADDRESS AND RETURNTO APFELBAUM AUCTIONS.

XII. Pennsylvania Sales Tax is payable by buyers liable to suchtax.

XIII. All agents will be personally liable and responsible forthe purchases ofthose persons they represent.

XIV. In the event of any dispute under these Conditions of Sale,or any dispute between the auctioneer and bidders, or between any parties requestinginspection of any of the lots of the auctioneer, or between persons offeringtheir lots to be auctioned and the auctioneer, the exclusive jurisdiction andvenue over any such dispute shall be in the Federal and state courts having jurisdictionand located in Philadelphia, Pennsylvania, the parties waiving any other jurisdictionor venue to which they many be entitled.

XV. The auction is being conducted by Earl P.L. Apfelbaum,Inc., and no individual auctioneer, employee, office or director of Earl P.L.Apfelbaum, Inc., shall be held to any personal liability hereunder for negligenceor otherwise.

XVI. The placing of a buy bid shall constitute acceptance of theseConditions of Sale.

By buying online, you are agreeing to our terms and conditions of sale.

© 2006 Earl P.L. Apfelbaum, Inc.

The Pavilion, 261 Old York Road, Suite 831 Jenkintown, Pennsylvania 19046     267-763-0216     800-523-4648