Conditions of Sale

Terms of Sale
THERE ARE NO BUYERS COMMISSIONS IN DIRECT SALES.
ONLY APFELBAUM AUCTIONS GUARANTEE YOUR SATISFACTION. BID WITH CONFIDENCE. ANY LOT NOT AS DESCRIBED CAN BE RETURNED WITHIN 10 DAYS OF RECEIPT. PLEASE INCLUDE LOT CARDS & ORIGINAL PAPERWORK. ON RETURNS, THE BUYER IS RESPONSIBLE FOR POSTAGE AND FREIGHT COSTS.

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

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


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

II. The highest bidder shall prevail. Should any dispute arise between bidders, 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. Any bid which is not commensurate with the value of the item offered, or which is merely a nominal or fractional advance over the previous bid, may be rejected by the auctioneer, at his discretion, if in his judgment, such bid would be likely to affect the sale injuriously. 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, AND THE AUCTIONEER OR ITS AGENT SHALL HAVE THE RIGHT TO BID ON BEHALF OF THE SELLER FOR ANY LOT SUBJECT TO A RESERVE. THE AUCTIONEER MAY OPEN BIDDING ON ANY LOT BY PLACING A BID ON BEHALF OF THE SELLER OR THE AUCTIONEER AND MAY FURTHER BID ON BEHALF OF THE SELLER OR THE AUCTIONEER BY PLACING SUCCESSIVE OR CONSECUTIVE BIDS FOR A LOT OR BY PLACING BIDS IN RESPONSE TO OTHER BIDDERS. HAMMER PRICES LISTED ARE THE PRICE FOR WHICH A LOT CLOSED ON THE FLOOR AT THE SALE (OR A RESERVE PRICE), AND SUCH PRICES DO NOT INDICATE WHETHER OR NOT ANY LOT MET ITS RESERVE PRICE IF SUCH A PRICE HAD BEEN ESTABLISHED. BID ONLY AS MUCH AS YOU ARE PREPARED TO PAY AS IN MOST CASES BIDDERS PAY THEIR TOP BID.

IV. Postal Viewing. Lots may be sent to buyers for examination upon request and at our discretion. All such lots must be returned by overnight mail within 24 hours of receipt. The applicant assumes all responsibility and will provide adequate insurance against all risks from the time of delivery until the lots are actually returned, and is to pay all insurance and postage costs in addition to a minimum charge of $5 for handling.

V. Floor Bidders. The name and address of the buyer of each lot shall be givento the auctioneer immediately following the sale of such lot. Payment of thewhole purchase price shall be made immediately following the sale unless specialarrangements have been made prior to the sale. The fact that an item is placedon extension (submitted to an expertising committee for certification) does notrelieve the successful bidder from this condition of sale.

VI. Mail Bidder. A successful mail bidder will be notified of lots purchasedand must remit payment before the lots are sent. Payment must be received byus within fifteen (15) days of mailing of notification. Delivery to a successfulmail bidder will be to the address on the bid sheet. A person known to us, orwho furnishes satisfactory references, may at our option, have purchases forwardedfor immediate payment. A charge of $1.50 will be made for handling in additionto postage and insurance. Proof, by the auctioneers, of receipt of a sendingat the advised address shall constitute delivery. All buyers are expected topay for lots immediately upon receipt, unless special arrangements have beenmade prior to the sale.

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

VIII. If a bidder shall failto comply with these Conditions of Sale, then, as to any lot with respect towhich such failure to comply occurs, we shall be entitled (but not obligated),at our sole discretion, to resell the lot or cause it to be resold by publicor private sale, without notice to the bidder and in any manner of sale (whetheror not commercially reasonable), and to hold the non-complying bidder liablefor any deficiency in the purchase price attending such resale, as well as forall charges, costs and expenses incurred in both sales, and all incidental damages.In no event shall any surplus arising from such resale be payable to the non-complyingbidder.

IX. If we take any action to enforce these Conditions of Sale or to securepayment of any amount due to us from a bidder or purchaser, the defaulting bidderor purchaser shall be liable for all legal and other costs and expenses incurredby us, including but not limited to reasonable attorneys' fees.

X. SUCCESSFUL BIDDERS AGREE TO PAY FOR LOTS AS SPECIFIED ABOVE AND NO CREDITIS EX- TENDED. A LATE PAYMENT CHARGE OF 1 1/2% PER MONTH IS IMPOSED ON OVERDUEPAYMENTS. THIS IS 18% PER YEAR. MINIMUM MONTHLY SERVICE CHARGE WILL BE $1.00.ALL LOTS DELIVERED IN PENNSYLVANIA ARE SUBJECT TO 7% SALES TAX. A 15% BUYERSCOMMISSION WILL BE ADDED TO ALL PURCHASES. LOTS WILL BE CONSIDERED AS PAID WHENALL FEES, INCLUDING BUT NOT LIMITED TO, SHIPPING, HANDLING AND LATE CHARGES,IN ADDITION TO THE PURCHASE PRICE AND COMMISSION(S) ARE PAID IN FULL.

XI. 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.

XII. Grading -By bidding 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.

XIII. 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 WEEKSFROM THE DATE OF THE AUCTION. ALL SUCH LOTS MUST BE RETURNED INTACT AND IN THESAME CONDITION AS PROVIDED TO PURCHASER. POSTAGE FOR ANY RETURN WILL BE PAIDBY 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.

XIV. Pennsylvania Sales Tax is payable by buyers liableto such tax.

XV. All agents will be personally liable and responsible for the purchases ofthose persons they represent.

XVI. In the event of any dispute under these Conditionsof Sale, or any dispute between the auctioneer and bidders, or between any partiesrequesting inspection of any of the lots of the auctioneer, or between personsoffering their lots to be auctioned and the auctioneer, the exclusive jurisdictionand venue over any such dispute shall be in the Federal and state courts havingjurisdiction and located in Philadelphia, Pennsylvania, the parties waiving anyother jurisdiction or venue to which they many be entitled.

XVII. The auction is being conducted by Earl P.L. Apfelbaum, Inc., and no individualauctioneer, employee, office or director of Earl P.L. Apfelbaum, Inc., shallbe held to any personal liability hereunder for negligence or otherwise.

XVIII. The placing of a bid shall constitute acceptance of these Conditions of Sale.

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