CONDITIONS OF SALE
The property described in this catalogue, which description may be amended by salesroom notice or announcement, will be offered for sale by Dorothy Sloan–Rare Books, Inc. (“Dorothy Sloan–Rare Books”) on Saturday, January 10, 1998, on behalf of various consignors (“sellers”). These Conditions of Sale and the Limited Warranty immediately following constitute the complete and exclusive statement of the terms and conditions on which all property described in this catalogue is offered for sale, and there are no warranties, express or implied, which extend beyond those contained in such texts. By bidding at auction, whether present in person or by agent, by written bid, telephone, or other means, the buyer agrees to be bound by these Conditions of Sale.
1. Dorothy Sloan—Rare Books reserves the right to withdraw any lot before or at the sale.
2. BUYING AT AUCTION. The highest bidder acknowledged by the auctioneer shall be the buyer. The auctioneer has the right to reject any bid and, in the event of any dispute between bidders, to determine the successful bidder, to continue the bidding, or to re-offer and resell the lot in question. In the event of any dispute after the sale, the final record of sale of Dorothy Sloan—Rare Books shall be conclusive.
3. Title to the offered lot shall pass to the buyer upon the fall of the auctioneer’s hammer and announcement by the auctioneer that the lot has been sold, subject to compliance by the buyer with all other Conditions of Sale. The buyer shall forthwith assume full risk and responsibility for the lot and shall pay the full purchase price or such part thereof as Dorothy Sloan–Rare Books in its sole discretion, shall require. In addition, the buyer may be required to sign a confirmation of purchase.
4. BUYER’S PREMIUM. A 15% premium will be charged in addition to the hammer price. The “purchase price” is the sum of the hammer price and this premium.
5. SALES TAX. Unless exempted by law, the buyer is required to pay any applicable state and local tax on the purchase price (current Texas state and local sales tax is 8.25%). Exemption certificates are required for Texas dealers and institutions to waive this tax.
6. REGISTRATION. ALL bidders must submit a Bidder Registration Form. A Bidder Registration Form is available in this catalogue or on our web site: http://www.dsloan.com. Bidders will be asked to supply a bank reference or other acceptable references when they register. Bidders who attend the sale will receive numbered paddles which will identify them as bona fide bidders. Bidders who will not attend the sale may submit absentee bids, or telephone bids as described below. Only bids believed to be from bona fide potential buyers will be acknowledged by the auctioneer.
7. ABSENTEE BIDS. Absentee bidders should submit written instructions using the absentee bid sheet provided (a photocopy is acceptable). Unlimited or “buy” bids will not be accepted. Please bid a specific dollar amount. Dorothy Sloan–Rare Books will diligently attempt to follow any and all bid instructions, executing the absentee bid at the lowest possible price, but accepts no responsibility for failure to correctly execute such bids. Absentee bids will be executed only according to valid bidding increments. If identical bids are received from two or more bidders, the first bid received will take preference. Dorothy Sloan–Rare Books reserves the right to decline to undertake any such bids. All mail and fax bids must be received by noon (CST), Friday, January 9, 1998.
8. TELEPHONE BIDS. For the convenience of absent clients bidding can be made by telephone. Lots must have a minimum estimate of $500 to qualify for this service. The number of telephone lines is limited, and arrangements for bidding by telephone should be made by Friday, January 9, 1998, with Dorothy Sloan–Rare Books, (512) 477-8442. Dorothy Sloan–Rare Books will execute telephone bids to the best of its ability, but accepts no responsibility for failure to successfully execute such bids. We also recommend that you leave a covering written bid which we can execute on your behalf in case we are unable to reach you by telephone. Dorothy Sloan–Rare Books reserves the right to decline to undertake any such bids.
9. RESERVE. Lots are sold subject to a “reserve,” a price below which the lot will not be sold. The reserve equals the low estimate printed in this catalogue.
10. PAYMENT. All articles are to be paid for by cash or check and must be removed from the premises no later than noon Sunday, January 11, 1998. Payment of the purchase price can only be accepted in U.S. dollars. Purchasers are reminded that appropriate references must be supplied in advance to ensure that delivery of lots is not delayed. Floor buyers must pay for their purchases immediately upon conclusion of the sale. Pro forma invoices will be mailed, faxed or e-mailed to successful absentee bidders within one week of the final auction date. Payment is due upon receipt of invoice. Purchased items will be shipped upon receipt of full payment.
11. LATE CHARGES. No lot may be removed from the auction premises until the buyer has paid in full the purchase price or has satisfied such terms as Dorothy Sloan–Rare Books, in its sole discretion, shall require. As Dorothy Sloan–Rare Books is legally required to pay the consignor within fifteen days of sale, Dorothy Sloan–Rare Books reserves the right to charge an additional late payment charge of 2% per month, beginning on the day of the sale. All lots must be removed from the premises, or have shipping arrangements made, no later than noon Sunday, January 11, 1998. If not so removed, such items may be sent to a public warehouse at the expense and risk of the buyer. Whether sent to a warehouse or stored by Dorothy Sloan–Rare Books, all such lots are subject to a minimum storage fee of $20.00 a day.
12. If the buyer fails to comply with any of these Conditions of Sale, Dorothy Sloan–Rare Books may, in addition to asserting all available legal remedies (which includes, but is not limited to, the right to hold a defaulting buyer liable for the purchase price), (a) cancel the sale, and retain as liquidated damages any payment made by the buyer, (b) resell the property without reserve at public auction on seven days notice to the buyer, or (c) take such other action as Dorothy Sloan–Rare Books deems necessary or appropriate. Should Dorothy Sloan–Rare Books resell the property, the buyer shall be liable for the payment of any deficiency in the purchase price together with costs and expenses. Should a buyer pay only a portion of the purchase price for any or all lots purchased, Dorothy Sloan–Rare Books shall apply the payment received to such lot or lots at its sole discretion.
13. The rights and obligations of the parties with respect to the Conditions of Sale and the conduct of the auction shall be governed and interpreted by the laws of the state in which the action is held. By bidding at auction, whether present in person or by agent, by absentee bid, telephone, or other means, the buyer shall be deemed to have consented to the jurisdiction of the courts of such state and the federal courts sitting in such state.
14. The buyer agrees that (a) neither Dorothy Sloan–Rare Books nor the seller shall be liable, in whole or in part, for any special, indirect or consequential damages, including, without limitation, loss of profits, and (b) the buyer’s damages are limited exclusively to refund of the purchase price paid for the lot.
15. SHIPPING CHARGES. Dorothy Sloan–Rare Books may, in its discretion arrange to have purchased lots packed, insured, and shipped at the request, expense, and risk of the buyer. This will be done as a service to the buyer, and Dorothy Sloan–Rare Books assumes no responsibility for acts or omissions in such packing or shipping. In such cases, the buyer will be billed for the cost of such services, including an administrative fee for the services.
16. BIDDING INCREMENTS.
$10 to $100
$25 to $500
$50 to $1,000
$100 to $2,000
$200 to $5,000
$500 to $10,000
$1,000 to $20,000
$2,000 to $50,000
$5,000 to $100,000
Auctioneer’s discretion thereafter
17. CREDIT. Bidders whose credit is unknown to Dorothy Sloan—Rare Books must submit acceptable references or make prior payment arrangements (without which lots will not be released until funds have cleared). Mail bidders should submit acceptable references or a deposit of 25% of their maximum bid. The deposit will be applied to the purchase if the bid is successful. If the bid is unsuccessful, the deposit shall be returned.
18. LOTS NOT RETURNABLE. Any lot containing more than one item is sold “as is,” and is not returnable for any reason.
19. All property should be inspected by the buyer or an agent prior to purchase. Staff will be available to answer questions concerning the property prior to the sale.
20. Pre-sale estimates are approximations of current market value. They are prepared well in advance of the auction and should not be considered predictions of actual sales prices.
Dorothy Sloan–Rare Books warrants the authenticity of each book, imprint, letter sheet, manuscript, signature, print, photograph, map, work of art, and any other artifact catalogued herein on the terms and conditions set forth below:
1. Unless indicated otherwise in the respective catalogue description or unless physical examination would reveal a self-evident lack of authenticity, Dorothy Sloan–Rare Books warrants for a period of one year from the date of sale the authenticity of every book, imprint, letter sheet, manuscript, signature, print, photograph, map, work of art, and any other artifact described in this catalogue. This limited warranty does not extend to the attribution of authorship of any item to the extent that such attribution is based solely upon current scholarly opinion (which is often controversial and rapidly changing).
2. Dorothy Sloan–Rare Books warrants to the buyer of record for a period of twenty-one days from the date of sale that any item described in this catalogue is complete in text and illustrations, unless otherwise described. This warranty does not cover binding damages or restoration, stains or foxing, wormholes, short leaves of text or plates or any defect which does not affect the completeness of the text. Nor does this warranty extend to the omission of inserted advertisements, blank leaves, cancels or subsequently published volumes, plate supplements or appendices, atlases, extra-illustrated books, books in original parts, or serial publications. Lots containing more than one title, letter, or manuscript are sold not subject to return.
3. Dorothy Sloan–Rare Books and the seller make no warranty or representation, expressed or implied, that the buyer of any property will acquire any copyright or reproduction rights thereto.
4. The benefits of these warranties are non-transferable and non-assignable. They apply only to the buyer of record, and are conditioned on the buyer returning the work in the same condition as at time of sale, and in the time period specified.
5. The buyer’s sole remedy under these warranties shall be the refund of the purchase price paid for the item, and this remedy shall be exclusive and in lieu of any other remedy which might otherwise be available to the buyer as a matter of law, and neither Dorothy Sloan–Rare Books nor the seller shall be liable for any consequential damages.
All property is sold “as is” in accordance with the terms of the Limited Warranty set forth in this catalogue and neither Dorothy Sloan–Rare Books nor the seller makes any express or implied warranty or representation as to the condition of any lot offered for sale, and no statement made at any time, whether oral or written, shall constitute such a warranty or representation.
Descriptions of condition are not warranties. The descriptions of condition of articles in this catalogue, including all references to damage or repairs, are provided as a service to interested clients and do not negate or modify the Limited Warranty. Accordingly, all lots should be viewed personally by prospective buyers or their agents to evaluate the condition of the property offered for sale.
ABSENTEE BID SHEET
If you are unable to attend the auction, you may bid absentee by mail, fax, telephone, or e-mail. All absentee bids must be submitted or confirmed using this form. In addition, all bidders must submit the Bidder Registration Form.
Send bids to:
Dorothy Sloan—Rare Books
Box 49670, Austin TX 78765-9670
Phone (512) 477-8442
Fax (512) 477-8602
Saturday, January 10, 1998
Code name for this auction is: MAPPAMONDO
Name ____________________________________ Date _____________
Firm or Institution ________________________________________
City ______________________ State ________ Zip _____________
Fax: ___________ e-mail: ___________________________________
I request that Dorothy Sloan–Rare Books enter bids on the following lots up to the maximum price I have indicated for each lot. I understand that if my bid is successful, the purchase price will be the sum of my final bid plus a premium of 15% of the final bid price (“buyer’s premium”). Any applicable state or local sales or use tax will be based upon the purchase price.
I understand that Dorothy Sloan–Rare Books executes absentee bids as a convenience for clients and is not responsible for inadvertently failing to execute bids or for errors relating to their execution of my bids. I have noted the bidding increments and understand that absentee bids will be executed only according to valid bidding increments. On my behalf, Dorothy Sloan–Rare Books will try to purchase these lots for the lowest possible price, taking into account the reserve and other bids.
If identical absentee bids are submitted, Dorothy Sloan–Rare Books will give precedence to the first one received. All successful bids are subject to the terms of the Conditions of Sale, Limited Warranty, and Important Notice printed in this catalogue.
To allow time for processing, absentee bids must be received by noon (CST), Friday, January 9, 1998. Dorothy Sloan–Rare Books will confirm all absentee bids. If you have not received our confirmation within one business day, please re-submit your bids. You may wish to consider placing “one plus” bids, allowing us to raise your bid by one increment in case of a tie.
PLEASE NOTE: To simplify the bidding process, all lots are sold subject to a “reserve,” a price below which the lot will not be sold. The reserve equals the low estimate printed in this catalogue. Any submitted bid below the low estimate will not be considered.
Item no. Description $ Bid $
BIDDER REGISTRATION FORM
Dealers: Billing name and address should agree with your state or local sales tax exemption certificate. Invoices cannot be changed after they have been printed.
Return Form to:
Dorothy Sloan—Rare Books
Box 49670, Austin, Texas 78765-9670
Phone (512) 477-8442 Fax (512) 477-8602
Firm or Institution ________________________________________
City _________________________ State _______ Zip ___________
Telephone (Day) ________ (Evening) _______ (Other) _________
Fax _______________ e-mail _________________________________
Driver’s License # ____________State___Date of Birth _______
Tax Exempt Resale # ________________________________________
Collecting interests and/or comments _______________________
Bank Name __________________________ Bank Telephone ________
Address ____________________________________ Fax ___________
Acct. No. ________________ Acct. Officer ___________________
DOROTHY SLOAN IS A LICENSED AUCTIONEER IN THE STATE OF TEXAS, LICENSE NO. 10210
TEXAS DEPARTMENT OF LICENSING & REGULATION
P. O. BOX 12157 AUSTIN TX 78711
OFFICE USE ONLY:
BIDDER NO. _________ EXEMPTION CERTIFICATE ON FILE _________
CREDIT ARRANGEMENTS ________________________________________
Dorothy Sloan—Rare Books, Inc.
Box 49670 • Austin, Texas 78765-9670
Telephone 512-477-8442 • Fax: 512-477-8602
CLIENT INFORMATION FORM
Please help us update our mailing list. We like to keep up with all of our valued clients.
Telephone (day) _______ (evening)________ (other)___________
Fax (day) _____________ (evening)___________________________
e-mail address _________________home page___________________
Collecting interests & comments_____________________________