Rare Books, Fine Art and Collectibles XII

TERMS & CONDITIONS

1. All items are sold as is, where is, with all faults. All bidders are encouraged to use due diligence and inspect all items prior to bidding. There are no warranties or representations of merchant-ability, fitness, nor of any other kind, express or implied. Know that your bidding will signify that you have examined the items as fully as you desire, or that you have chosen not to examine them. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to age, condition, materials or any other feature of items being sold. Our goal is to provide prospective bidders with accurate and detailed information. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you not bid on the item in question. We do not give refunds. All sales are final. No statement written or oral made by the auctioneer shall be deemed a warranty or assumption of liability by AZAYA ART GALLERY or by any seller represented by AZAYA ART GALLERY.


2. Bidding will begin at a price appropriate in auctioneer's discretion. The auctioneer always reserves the right to withdraw a lot for any reason he deems appropriate. At the auctioneer's discretion, no bid of less than one half the low estimate will be accepted from any source: phone bidding, absentee bidding, online bidding, or bidding in the gallery. All lots in this catalog are offered subject to a reserve, which is the confidential minimum hammer price at which a lot will be sold. In executing a reserve, the auctioneer has the right to bid on behalf of the Consignor, whether by opening bidding or continuing bidding in response to other bidders until reaching the reserve. If the reserve is not met, the Auctioneer has the right to withdraw the item from the sale.


3. Online registration and bidding approval is done at the sole discretion of the auction house. We recommend that online bidders sign up at least 3 days in advance of the auction to allow for time to complete the approval process. It is important to note that we make no guarantees that new online bidders who register within 24 hours of the sale will be approved for bidding. After signing up to bid, new online bidders may receive a message requesting additional information; we cannot approve any client without the requested information. Parties who wish to bid on premium lots may be asked to submit a deposit by wire transfer. Correspondence between prospective clients and the Auction House must be established directly with AZAYA ART GALLERY through phone, fax, or one of the relevant email addresses. We make no guarantee that we can respond to requests submitted through third party messaging systems. Due to the high volume of inquiries made within 24 hours of the sale, we make no guarantee that clients who contact us during this period will receive a response. Bids left on Live Auctioneers are not executed until the item is offered in the live auction therefore the order in which those bids are received is not a factor. We will make every effort within reason to accept and process bids from online participants. AZAYA ART GALLERY will not accept liability for any bids missed due to clerking issues, operator error, equipment failure, connection delays, communication lapses, or technical malfunctions of any nature. By registering for the Auction, Bidder agrees to AZAYA ART GALLERY?s Terms and Conditions. These Terms and Conditions may be updated from time to time prior to the Auction. Such form of acceptance by Bidder is binding.


4. For prospective bidders who cannot be present at the auction, we are pleased to offer absentee and phone bidding. Please complete the Absentee Bid and/or Phone Reservation form. Absentee bids are executed competitively and confidentially. All reservations for phone bidding are held in the strictest confidence and must be received by 5 pm the day before the auction. No additional phone bids can be accepted on the day of the auction including additions when speaking with a staff person on the phone. Leaving an absentee or phone bid on a lot indicates your willingness to open the bidding at one half the printed low estimate, and gives the auctioneer the authority to open the bidding at that level. AZAYA ART GALLERY shall have the right to withdraw any item at any time for any reason and to default any sale in the event of an error or dispute.


5. Note to internet absentee bidders. We do not accept cut bids (bids less than the last interval) from the floor or from phone bidders, and we do not accept them from internet bidders. Thus it is possible that a lot could go to another bidder for less than your absentee bid. For example, if the bids are progressing in ten-dollar increments, $50, $60, $70 and your absentee falls at $75, we will not take the bid since it is less than the $10 interval. We always encourage bidders to bid by phone or to leave absentee bids through our gallery to avoid such a situation.

6. Once an item is declared sold, bidding cannot reopen. It is the bidder's responsibility to get our attention prior to our saying "sold". We reserve the right to reject any bids deemed inappropriate or to withdraw any item(s) for lack of appropriate bids. If an item is withdrawn from the auction it will be offered again only at the auctioneer's discretion.

7. Payment is expected at the time of purchase. Payment for successful absentee, phone bids and online bids are required within 5 (five) business days of the auction. Bidding on an item indicates the client's acceptance of our Terms of Sale. Your signature on our Bid Form or acceptance of these terms through any online bidding platform constitutes permission to charge successful bids to credit cards if payment is not received within five days of the auction.


8. Payment must be made by cash, approved check, wire transfer, or MasterCard, Visa, Discover credit cards. We reserve the right to require bank checks for large purchases. Buyers not known to us who wish to write a check must provide a current letter of credit from their bank guaranteeing funds for that account. We reserve the right to not issue a buyer's number or to withhold merchandise if appropriate credit has not been established. We require wire transfers for international buyers. First time buyers will be required to pay by wire transfer or cashier's check.

9. In the case of identical absentee bids, the bid received first will prevail. Bids left on Internet Bidding Platforms are not executed until the item is offered in the live auction and the order in which they are received is not a factor. We sell 20-30 lots per hour. Please refer to the bidding increments.

10. In our experience, cellular phones are not always dependable, and we recommend phone bidding reservations be made on land lines. We make every effort to honor all absentee and phone bid reservations, but we are not liable for any losses incurred as a result of failure to execute absentee bids or failed phone reservations. Submitting absentee bids or bidding by phone does not imply an extension of credit. Please see numbers 4 and 5 above.

11. Shipping is primarily handled by multiple third-party shippers. Auction House will arrange the shipment according the estimate shipping cost written on the catalog. Buyer is responsible for the cost of packaging and shipping. Shipping handled by AZAYA ART GALLERY will be at the entire risk of the purchaser and AZAYA ART GALLERY will have no liability of any loss of damage to such items.

12. All purchases are subject to applicable California sales tax unless the California Certificate of Resale tax form is fully and completely filled out and received prior to the time of purchase. Resale tax numbers from other states are accepted. International buyers are responsible for tariffs, taxes, or assessments of shipped items to the buyer's country.


13. Bidding on an item indicates your understanding and acceptance of these Terms of Sale. If a purchaser breaches any of these Terms of Sale, including the obligation to pay for purchased items, AZAYA ART GALLERY may seek all remedies under the law including canceling the sale and re-offering the property without reserve.

14. A buyer's premium will be applied to the purchase price of all items: 25% across all platforms.

15. Purchased items not picked up from our auction facility within ten business days of the auction will be assessed a storage fee of $8.00 per day, per item. You authorise us to re-sell on your behalf any item not picked up within 45 calendar days. The costs of storage, plus any other costs directly related to the item, and an auctioneer's commission of 20%, will be subtracted from the proceeds unless other arrangements have been made with AZAYA ART GALLERY. The minimum charge will be $50. The net proceeds will be mailed to your address as stated herein in full and final settlement of our obligations to you.

16. Export and Permits: It is the purchaser's sole responsibility to identify and obtain any necessary export, import, firearm, endangered species or other permit for the lot. Any symbols or notices in the sale catalog reflect AZAYA ART GALLERY reasonable opinion at the time of cataloguing and are for bidders general guidance only; AZAYA ART GALLERY and the Consignor makes no representations or warranties as to whether any lot is or is not subject to export or import restrictions or any embargoes.

17. Endangered Species: Certain property sold at auction, for example, items made of or incorporating plant or animal materials such as coral, crocodile, ivory, tortoiseshell, whalebone, etc., irrespective of age or value, may require a license or certificate prior to exportation and additional licenses or certificates upon importation to another country. AZAYA ART GALLERY suggests that international buyers check on foreign governments wildlife import requirements prior to placing a bid. All buyers agree to comply with any and all domestic and international restrictions on the trade of endangered species as a condition of the sale. Please note that the ability to obtain an export license or certificate does not ensure the ability to obtain an import license or certificate in another country, and vice versa. It is the purchaser's responsibility to obtain any export or import licenses and/or certificates as well as any other required documentation. In the case of denial of any export or import license or of delay in the obtaining of such licenses, the purchaser is still responsible for making on-time payment of the total purchase price for the lot. Although licenses can be obtained to export some types of endangered species, other types may not be exported at all, and other types may not be resold in the United States. AZAYA ART GALLERY is not able to assist the purchaser in attempting to obtain the appropriate licenses and/or certificates, and there is no assurance that an export license or certificate can be obtained. Please check with our specialists if you are uncertain as to whether a lot is subject to these export/import license and certificate requirements, or any other restrictions on exportation.

18. Due to the embargo on Persian carpets, international shipping is not available.

19. AZAYA ART GALLERY makes no warranty or guarantee whatsoever regarding the jewelry, its colored stones, diamonds, other gem materials, or metals, or as to their status as natural, treated, earth mined, man-made or other. Appraisals, descriptions, photographs, are offered as a service and are not intended to be a complete analysis of the qualities and conditions of the jewelry. All identifications, information, weights, quality, cut, value and other estimates, are opinions, limited by examination and grading the mountings, the condition and cleanliness of the items. All gems, colored stones, diamonds, cultured or natural pearls, fresh water, south sea, Tahitian pearls, and other materials used in jewelry, may be enhanced by a variety of treatments. AZAYA ART GALLERY makes no warranties or guaranties that any clock or watch is in working order. Natural pearls, fresh water, south sea, Tahitian pearls, and other materials used in jewelry, may be enhanced by a variety of treatments. AZAYA ART GALLERY Auctions makes no warranties or guarantees that any clock or watch is in working order.


20. Condition of Firearms: AZAYA ART GALLERY or its employees or consultants make no warranties or representations whatsoever concerning the operation of firing condition, safety to store or reliability of any firearm. Any firearm purchased is at the user's risk. AZAYA ART GALLERY expressly disclaims any liability whatsoever for any accident, injury or damage resulting to any person or property from the storage or use of any such lot.



21. Disclaimers

The site, services and collective content are provided as is, without warranty of any kind, either express or implied. Without limiting the foregoing, AZAYA ART GALLERY explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. AZAYA ART GALLERY makes no warranty that the site, services or collective content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. AZAYA ART GALLERY makes no warranty regarding the quality of any products, services or collective content obtained through the site or services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the site or services.

No advice or information, whether oral or written, obtained from AZAYA ART GALLERY or through the site, services or collective content, will create any warranty not expressly made herein.

You are solely responsible for all of your communications and interactions with other users of the site and services and with other persons with whom you communicate or interact as a result of your use of the site or services. You understand that AZAYA ART GALLERY does not screen or inquire into the background of any users of the site or services, nor does AZAYA ART GALLERY make any attempt to verify the statements of users of the site or services. AZAYA ART GALLERY makes no representations or warranties as to the conduct of users of the site or services or their compatibility with any current or future users of the site or services. You agree to take reasonable precautions in all communications and interactions with other users of the site and services and with other persons with whom you communicate or interact as a result of your use of the site or services, particularly if you decide to meet offline or in person.

22. Indemnity
You agree to defend, indemnify, and hold AZAYA ART GALLERY, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the site, services or collective content, or your violation of these terms.

23. Limitation of liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, services and collective content remains with you. Neither AZAYA ART GALLERY nor any other person or entity involved in creating, producing, or delivering the site, services or collective content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the site, services or collective content, or from any communications, interactions or meetings with other users of the site or services or other persons with whom you communicate or interact as a result of your use of the site or services whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not AZAYA ART GALLERY has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will AZAYA ART GALLERY Aggregate liability arising out of or in connection with these terms or from the use of or inability to use the site, services or collective content exceed one hundred dollars ($100). The limitations of damages set forth above are fundamental elements of the basis of the bargain between AZAYA ART GALLERY and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

24. Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of AZAYA ART GALLERY used herein are trademarks or registered trademarks of AZAYA ART GALLERY. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

25. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law's provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party?s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Southern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

26. Entire Agreement
These Terms and any additional terms and conditions presented to you governing the bidding functionality of the Site and Services constitute the entire and exclusive understanding and agreement between AZAYA ART GALLERY and you regarding the Site, Services and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between AZAYA ART GALLERY and you regarding the Site, Services and Collective Content.

27. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without AZAYA ART GALLERY's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. AZAYA ART GALLERY may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

28. Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by AZAYA ART GALLERY via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

29. Dispute Resolution
You and AZAYA ART GALLERY agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or Services (collectively, 'Disputes') will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and AZAYA ART GALLERY are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and AZAYA ART GALLERY otherwise agree in writing, the arbitrator may not consolidate more than one person?s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this ?Dispute Resolution? section will be deemed void. Except as provided in the preceding sentence, this 'Dispute Resolution' section will survive any termination of these Terms.

30. General
The failure of AZAYA ART GALLERY to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AZAYA ART GALLERY. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

31. We may change these Terms of Use from time to time, at any time without notice to you, by posting such changes on the AZAYA ART GALLERY's Website. We highly suggest you periodically check the Terms of Use. It is your responsibility to do so.