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Profiles in History
   
Historical Document Auction 63
AGREEMENT BETWEEN
PROFILES IN HISTORY & BIDDER
The following terms and conditions  including the Conditions of Sale 
and Terms of Guarantee, constitute the sole terms and conditions un-
der which Profiles in History (“Profiles”) will offer for sale and sell the 
property described in the Catalog. These Conditions of Sale constitute 
a binding agreement between the Bidder and Profiles with respect to 
this auction only. By bidding at auction, whether in person, through an 
agent or representative, by telephone, facsimile, on-line, absentee bid, 
or by any other form of bid or by any other means, the Bidder acknowl-
edges the thorough reading and understanding of all of these Condi-
tions of Sale, all descriptions of items in the Catalog, and all matters 
incorporated herein by reference, and agrees to be fully bound thereby.
Bidder and Profiles agree that any agreements between the Bidder 
and Profiles including but not limited to these Conditions of Sale are 
entered into in Los Angeles County, California, which is where the 
agreements are to be performed and the auction to take place, no mat-
ter where Bidder is situated and no matter by what means or where 
Bidder was informed of the auction and regardless of whether cata-
logs, materials, or other communications were received by Bidder in 
another location. Both Profiles and the Bidder agree that any disputes 
under these Conditions of Sale, the subject matter hereof, the enter-
ing into, or any aspect of the auction, shall be exclusively governed by 
California law, and that any and all claims or actions shall be brought 
and maintained only in Los Angeles County, California in a State or 
Federal Court to the exclusion of any other venue, locale or jurisdic-
tion. All parties submit to such jurisdiction. Both Bidder and Profiles 
agree that these provisions are intended to be binding on all parties and 
that they shall solely control choice-of-law, venue and jurisdiction in 
the event of any dispute specifically including third party claims and 
cross-actions brought by either Profiles or Bidder, and that absent such 
agreement, Profiles would not permit Bidder to bid hereunder. Any 
violation of the terms of this Paragraph shall entitle the affected party 
to reasonable attorney fees and litigation costs in addition to all other 
available remedies, all of which remain reserved. The parties agree that 
Profiles shall be entitled to present these Conditions of Sale to a court 
in any jurisdiction other than set forth in this paragraph as conclusive 
evidence of the parties’ agreement, and the parties further agree that 
the court shall immediately dismiss any action filed in such jurisdic-
tion. Notwithstanding any other provision herein, the prevailing party 
in any claim, dispute or litigation between the parties shall be entitled 
to an award of reasonable attorney fees and costs of litigation.
Unless otherwise set forth in the Catalog, all property will be offered 
by Profiles solely as agent for the seller or consignor of the property 
(“Consignor”) and not on its own behalf.
Profiles is in compliance, to the fullest extent possible, with California 
procedures regarding the bonding of auctioneers.
1. Final Bid Price, Purchase Price and Payment: The term, “Final Bid 
Price” means the amount of the highest bid acknowledged and ac-
ceptable to Profiles. The term, “Purchase Price” means the sum of (1) 
the Final Bid Price; (2) a premium payable by the successful Bidder 
(also referred to throughout these Conditions of Sale as “Buyer”) equal 
to twenty-three percent (23%) of the Final Bid Price [discounted to 
twenty percent (20%) of the Final Bid Price if paid in full in cash or by 
valid check]; or twenty-three percent (23%) if bid on and won through 
internet bidding; (3) applicable taxes (including California and local 
sales tax and/or compensating use tax based upon the purchase price 
unless exempted by law and/or where Buyer presents an original, valid 
resale certificate with a copy for Profiles’ records from the California 
State Board of Equalization); (4) shipping, handling and insurance cov-
erage if requested by Buyer and agreed upon by Profiles. Profiles may 
accept current and valid VISA, MasterCard, Discover and American 
Express credit or debit cards for payment but under the express condi-
tion that any property purchased by credit or debit card shall not be 
refundable, returnable, or exchangeable, and that no credit to Buyer’s 
credit or debit card account will be issued under any circumstances. 
The last sentence constitutes Profiles’ “official policy” regarding re-
turns, refunds, and exchanges where credit or debit cards are used. For 
payment other than by cash, delivery will not be made unless and until 
full payment has been actually received by Profiles, i.e., check has fully 
cleared or credit or debit card funds fully obtained.
Profiles has been authorized by the seller or consignor to retain, as 
partial remuneration, the premium set forth as number (2) in this 
paragraph. Unless otherwise agreed in a writing signed by Profiles, 
payment in full is due within seven calendar days of the auction or 
within five calendar days of the invoice date, whichever is later. PRO-
FILES SHALL HAVE THE RIGHT, AND THE SUCCESSFUL 
BIDDER HEREBY UNCONDITIONALLY AND IRREVO-
CABLY PRE-AUTHORIZES PROFILES, TO CHARGE FROM 
AND COLLECT ALL AMOUNTS OWED FROM ALL CREDIT 
AND/OR DEBIT ACCOUNTS IDENTIFIED TO PROFILES BY 
THE SUCCESSFUL BIDDER PRIOR TO BIDDING IN THE 
EVENT THAT THE SUCCESSFUL BIDDER DOES NOT MAKE 
TIMELY PAYMENT UNDER THESE CONDITIONS OF SALE. 
IN SUCH EVENT, THE SUCCESSFUL BIDDER AUTHORIZ-
ES PROFILES TO COLLECT ALL AMOUNTS OWED FROM 
ANY OF SAID ACCOUNTS, AND THE SUCCESSFUL BIDDER 
SHALL NOT CONTEST ANY SUCH CREDIT OR DEBIT AC-
COUNT CHARGE ON THE GROUND THAT PROFILES WAS 
NOT SO AUTHORIZED.
2. Title: On the fall of the auctioneer’s hammer, title to the offered lot 
will pass to the highest bidder acknowledged by the auctioneer but 
fully subject to Buyer’s compliance with all of the terms of the Condi-
tions of Sale and the Registration Form.
3.  Rights Reserved:  Profiles reserves the right to withdraw any lot 
before or at the time of the auction, and/or to postpone the auction 
of all or any lots or parts thereof, for any reason. Profiles shall not be 
liable to any Bidder in the event of such withdrawal or postponement 
under any circumstances. Profiles reserves the right to refuse to accept 
bids from anyone.
4. Auctioneer’s Discretion: Profiles shall determine opening bids and 
bidding increments. The auctioneer has the right in its absolute discre-
tion to reject any bid in the event of dispute between bidders or if the 
auctioneer has doubt as to the validity of any bid, to advance the bid-
ding at its absolute discretion and to determine the successful bidder in 
the event of a dispute between bidders, to continue the bidding or to 
reoffer and resell the lot in question. In the event of a dispute after the 
sale, Profiles’ record of final sale shall be conclusive. The auctioneer 
also may reject any bid and withdraw the lot from sale if the auctioneer 
decides either that any opening bid is below the reserve (see paragraph 
5 below) of the lot or article or that an advance is insufficient. Unless 
otherwise announced by the auctioneer at the time of sale, no lots may 
be divided for the purpose of sale.
5. Reserves: Lots may be subject to a reserve, which is the confidential 
minimum price below which the lot will not be sold. Although the 
auctioneer may open the bidding on any lot below the reserve by plac-
ing a bid on behalf of the seller, Profiles reserves the right to protect 
the reserve by bidding through the auctioneer and continuing to bid on 
behalf of the seller up to the reserve amount either through consecutive 
bids or by placing bids in response to other bidders. Consignors may 
not bid on their own lots or property. If the consignor is indebted to 
or has a monetary guarantee from Profiles in certain circumstances, 
Profiles may have an interest in an offered lot and the proceeds there-
from apart from Profiles’ commissions, and Profiles may bid thereon to 
protect such interest. In such instance, Profiles is entitled to its standard 
commission rate when a lot is “bought-in” to protect its interest.
6. Risk and Responsibility, Agency: The buyer shall, once deemed the 
highest bidder on the fall of the auctioneer’s hammer, bear all risk and 
responsibility for the lot, and neither Profiles, its agents nor employees, 
shall thereafter be liable for any loss or damage to the property. The 
buyer will also be required to sign a confirmation of purchase at such 
time if requested by the auctioneer. All bidders are deemed to be acting 
as principals unless Profiles acknowledges in writing prior to the auc-
tion that the bidder is acting as agent for another party. In the absence 
of such written acknowledgment, the bidder guarantees payment of 
the Purchase Price of a successful bid.
7. Possession and Removal, Charges:  No portion of any lot may be 
removed from the premises or possession transferred to Buyer unless 
Buyer has fully complied with these Conditions of Sale and the terms 
of the Registration Form, and unless and until Profiles has received the 
Purchase Price funds in full. Notwithstanding the above, all property 
must be removed from the premises by Buyer at his or her sole expense 
not later than seven (7) calendar days from the invoice date. If all or 
any property has not been so removed within that time, in addition 
to any other remedies available to Profiles all of which are reserved, a 
handling charge of one percent (1%) of the Purchase Price per month 
will be assessed and payable to Profiles by Buyer, with a minimum 
of five percent (5%) assessed and payable to Profiles by Buyer for any 
property not removed within sixty (60) days. Profiles shall addition-
ally have the option, in its sole discretion, of transferring any of such 
property to a public warehouse at the full risk and expense of Buyer. 
Profiles, in addition, reserves the right to impose a late charge of fifteen 
percent (15%) per year on the Purchase Price if Buyer does not make 
full payment in accordance herewith. Profiles and Buyer acknowledge 
and agree that these charges are reasonably imposed to partially com-
pensate Profiles for losses and expenses associated with any such delays.
8.  Off-Site Bidding:  Bidding by telephone, facsimile-transmission 
(fax-in), on-line, or absentee bidding (advance written bids submitted 
by mail) are offered solely as a convenience and permitted subject to 
advance arrangements, availability, and Profiles’ approval which shall 
be exercised at Profiles’ sole discretion. Neither Profiles nor its agents 
or employees shall be held liable for the failure to execute bids or for 
errors relating to any transmission or execution thereof. In order to be 
considered for off-site bidding in any manner, Bidders must comply 
with all of these Conditions of Sale and the terms contained on the 
Registration Form.
9. Profiles’ Remedies: Failure of the Bidder/Buyer to comply with any 
of these Conditions of Sale or the terms of the Registration Form, 
is an event of default. In such event, Profiles may, in addition to any 
other available remedies specifically including the right to hold the 
defaulting Bidder/Buyer liable for the Purchase Price or to charge and 
collect from the defaulting Bidder/Buyer’s credit or debit accounts as 
provided for elsewhere herein: (a) cancel the sale, retaining any pay-
ment made by the Buyer as damages (the Bidder/Buyer understands 
and acknowledges that Profiles will be substantially damaged should 
such default occur, and that damages under sub-part (a) are necessary 
to compensate Profiles for such damages; (b) resell the property with-
out reserve at public auction or privately; (c) charge the Bidder/Buyer 
interest on the Purchase Price at the rate of one and one-half per cent 
(1.5%) per month or the highest allowable interest rate; (d) take any 
other action that Profiles, in its sole discretion, deems necessary or ap-
propriate to preserve and protect Profiles’ rights and remedies. Should 
Profiles resell the property, the original defaulting buyer shall be liable 
for the payment of any deficiency in the purchase price and all costs and 
expenses associated therewith, including but not limited to warehous-
ing, sales-related expenses, reasonable attorney fees and court costs, 
commissions, incidental damages and any other charges due hereunder 
which were not collected or collectable.
In the event that such buyer is the successful bidder on more than one 
lot and pays less than the purchase price for the total lots purchased, 
Profiles shall apply the payment received to such lot or lots that Pro-
files, in its sole discretion, deems appropriate. If Profiles does not exer-
cise such discretion, the lots to which the payment shall be applied will 
be in descending order from the highest purchase price to the lowest.
Any buyer failing to comply with these Conditions of Sale shall be 
deemed to have granted Profiles a security interest in, and Profiles may 
retain as collateral such security for such buyer’s obligations to Profiles, 
any property in Profiles’ possession owned by such buyer. Profiles shall 
have the benefit of all rights of a secured party under the Uniform 
Commercial Code (U.C.C.) as adopted by the state of California.
10. Terms of Guarantee: Profiles does not provide any guarantee or warran-
ty to Bidders or Buyers, whether express or implied, beyond those expressly 
provided for in these Conditions of Sale and specifically this Section 10.   As 
set forth below and elsewhere in these Conditions of Sale, Profiles guaran-
tees the authorship, origin, period, and culture of each lot in this catalogue 
in which the catalog’s lot description is printed in a Bold or Capitalized 
type heading, or as revised or amended by announcement before or during 
the auction. Except for the Bold and Capitalized headings and subject to 
the exclusions below, Profiles makes no warranties whatsoever, whether 
express or implied or by operation of law, with respect to any lots offered 
or any other material in the catalog.   In the event Profiles in its reasonable 
opinion deems that the conditions of the Guarantee have been satisfied, 
Profiles shall refund to the original purchaser of record the hammer price 
plus applicable Buyer’s Premium paid for the lot by the original purchaser 
of record. This Guarantee shall not apply if: (i) the catalogue description 
was in accordance with the opinion(s) of generally accepted scholar(s) and 
expert(s) as of the date of the sale, or the catalogue description indicated 
that there were conflicting opinions; and/or (ii) the only means to establish 
that the Authorship was not as described in the Bold or Capitalized head-
ing at the date of the sale would have been by method or processes nei-
ther generally available nor accepted at such time; unreasonably expensive 
or impractical to utilize; or likely (in Profiles’ reasonable opinion) to have 
caused damage and/or loss of value to the lot; and/or (iii) there has been no 
material loss in the lot’s value from that which was disclosed in the catalog. 
The term of this Guarantee is five (5) years from the date of this auction.  
The Guarantee is non-transferrable and non-assignable, and is solely for the 
benefit of the original purchaser of record.  
To be eligible to make a claim under this Guarantee, the original purchaser 
of record must: (i) send written notice to Profiles within ninety (90) days 
after receiving information that causes the original purchaser of record 
to question the accuracy in any respect of the Bold or Capitalized type 
heading, specifying the lot number, date of the auction at which it was 
purchased and the specific reasons for such question; and (ii) return the 
lot to Profiles (a) in the same condition as it was when possession was 
transferred to the original purchaser of record and (ii) with sole title in and 
to the original purchaser of record free of any liens, encumbrances or third 
party claims arising after the date that possession was transferred to the 
original purchaser of record.  Profiles, may, in its sole discretion, waive any 
of the above requirements.  Profiles may also require the original purchaser 
of record to obtain at the sole expense of the original purchaser of record 
reports of two independent and recognized experts in the field, mutually 
acceptable to Profiles and the original purchaser of record.  Profiles shall 
not be bound by any reports produced by the original purchaser of record, 
and reserves the right to seek additional expert advice at its own expense.  
Rescission of the sale and refund under this paragraph is exclusive and in 
lieu of and to the exclusion of any other remedy which may otherwise be 
available as a matter of law or equity.   Neither Profiles nor the consignor 
shall be liable for any damages or damage claims including but not limited 
to consequential damages, losses of anticipated or actual profit or interest, 
punitive or exemplary damages, or any other incurred or claimed damages.
Except as expressly set forth in this Section 10 above and in all other cases, 
all property and lots are sold “as is” and “where is”. By way of illustration 
rather than limitation, neither Profiles nor the consignor makes any 
representation or warranty, expressed or implied, as to merchantability or 
fitness for intended use, condition of the property (including any condition 
report), correctness of description, origin, measurement, quality, rarity, 
importance, exhibition, relevance, attribution, source, provenance, date, 
authorship, condition, culture, genuineness, value, or period of the property.
Additionally, neither Profiles nor the consigner makes any representa-
tion or warranty, express or implied, as to whether the Buyer acquires 
rights in copyright or other intellectual property (including exhibi-
tion or reproduction rights) or whether the property is subject to any 
limitations such as ‘droit morale’ (moral rights) or other rights affecting 
works of art. Bidder/Buyer acknowledges and agrees that if the prop-
erty embodies any copyright, trademark, or other intellectual prop-
erty, by the purchase of such property, Buyer/Bidder is not acquiring 
any interest in any copyright, trademark or other intellectual property 
that may be embodied or reflected in such property, but is acquiring 
only such physical embodiment and/or reflection. Profiles does not 
make any representation or warranty as to title. All descriptions, pho-
tographs, illustrations, and terminology including but not limited to 
words describing condition (including any condition reports requested 
by Bidder), authorship, period, culture, source, origin, measurement, 
quality, rarity, provenance, importance, exhibition, and relevance, 
used in the catalog, bill of sale, invoice, or anywhere else, represent a 
good faith effort made by Profiles to fairly represent the lots and prop-
erty offered for sale as to origin, date, condition, and other informa-
tion contained therein; they are statements of opinion only. They are 
not representations or warranties and Bidder agrees and acknowledges 
that he or she shall not rely on them in determining whether or not 
to bid or for what price. Price estimates (which are determined well 
in advance of the auction and are therefore subject to revision) and 
condition reports are provided solely as a convenience to Bidders and 
are not intended nor shall they be relied on by Bidders as statements, 
representations or warranties of actual value or predictions of final bid 
prices. Bidders are accorded the opportunity to inspect the lots and to 
otherwise satisfy themselves as to the nature and sufficiency of each lot 
prior to bidding, and Profiles urges Bidders to avail themselves accord-
ingly. Lots and property are not returnable to Profiles for any reason 
except under Buyer’s limited Remedies set forth in Section 13 below 
and under the express terms and conditions of Section 13.
11. Limitation of Damages: In the event that Profiles is prevented for 
any reason from delivering any property to Buyer or Buyer is other-
wise dissatisfied with the performance of Profiles, the liability, if any, 
of Profiles, shall be limited to, and shall not exceed, the amount actu-

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