310-859-7701
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age
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ally paid for the property by Buyer. In no event
shall Profiles be liable
for incidental, special, indirect, exemplary or consequential damages
of any kind, including but not limited to loss of profits, value of invest-
ment or opportunity cost.
12. Unauthorized Statements: Under no circumstances is any employ-
ee, agent or representative of Profiles authorized by Profiles to modify,
amend, waive or contradict any of these Terms and Conditions, any
term or condition set forth on the Registration Form, any warranty
or limitation or exclusion of warranty, any term or condition in either
the Registration Form or these Terms and Conditions regarding pay-
ment requirements, including but not limited to due date, manner of
payment, and what constitutes payment in full, or any other term or
condition contained in any documents issued by Profiles unless such
modification, amendment, waiver or contradiction is contained in a
writing signed by all parties. Any statements, oral or written, made
by employees, agents or representatives of Profiles to Bidder, includ-
ing statements regarding specific lots, even if such employee, agent
or representative represents that such statement is authorized, unless
reduced to a writing signed by all parties, are statements of personal
opinion only and are not binding on Profiles, and under no circum-
stances shall be relied
on by Bidder as a statement, representation or
warranty of Profiles.
13. Buyer’s Remedies: This section sets forth the sole and exclusive
remedies of Buyer in conformity with Sections 10 (“Warranties”) and
11 (“Limitation of Damages”) herein, and is expressly in lieu of any
other rights or remedies which might be available to Buyer by law. The
Buyer hereby accepts the benefit of the consignor’s warranty of title
and any other representations and warranties made by the consignor for
the Buyer’s benefit. In the event that Buyer proves in writing to Pro-
files’ satisfaction that there was a breach of the consignor’s warranty of
title concerning a lot purchased by Buyer, Profiles shall make demand
upon the consignor to pay to Buyer the Purchase Price (including any
premiums, taxes, or other amounts paid or due to Profiles). Should the
consignor not pay the Purchase Price to Buyer within thirty days after
such demand, Profiles shall disclose the identity of the consignor to
Buyer and assign to Buyer all of Profiles’ rights against the consignor
with respect to such lot or property. Upon such disclosure and assign-
ment, all responsibility and liability, if any, of Profiles with respect to
said lot or property shall automatically terminate. Profiles shall be en-
titled to retain the premiums and other amounts paid to Profiles - this
remedy is as to the consignor only. The rights and remedies provided
herein are for the original Buyer only and they may not be assigned or
relied upon by any transferee or assignee under any circumstances. Lots
containing ten or more items are not returnable under any circum-
stances. The exercise of rights under this Section 13 must be made, if at
all, within thirty (30) days of the date of sale.
14. Profiles’ Additional Services: For Buyers who do not remove pur-
chased property from Profiles’ premises, Profiles, in its sole discretion
and solely as a service and accommodation to Buyers, may arrange
to have purchased lots packed, insured and forwarded at the sole re-
quest, expense, and risk of Buyer. Profiles assumes no and disclaims
all responsibility and liability for acts or
omissions in such packing or
shipping by Profiles or other packers and carriers, whether or not rec-
ommended by Profiles. Profiles assumes no and disclaims all responsi-
bility and liability for damage to frames, glass or other breakable items.
Where Profiles arranges and bills for such services via invoice or credit
card, Profiles will include an administration charge.
15. Headings: Headings are for convenience only and shall not be used
to interpret the substantive sections to which they refer.
16. Entire Agreement: These Conditions of Sale constitute the entire
agreement between the parties together with the terms and conditions
contained in the Registration Form. They may not be amended, modi-
fied or superseded except in a signed writing executed by all parties.
No oral or written statement by anyone employed by Profiles or acting
as agent or representative of Profiles may amend, modify, waive or
supersede the terms herein unless such amendment, waiver or modifi-
cation is contained in a writing signed by all parties. If any part of these
Conditions of Sale are for any reason deemed invalid or enforceable,
the remaining portions shall remain fully enforceable without regard
to the invalid or unenforceable provisions.
AUCTION GENERAL GUIDELINES
Conditions of Sale: Before you bid, you must read the Conditions of
Sale, immediately preceding these pages. They represent a contract
between Profiles and you, and they contain important terms and con-
ditions such as jurisdiction, payment terms, warranties and remedies.
The Conditions of Sale are controlling over these general guidelines in
the event of any conflicts between their respective terms.
Estimate Prices: In addition to descriptive information, each entry in
the catalog includes a price range, which reflects opinion as to the price
expected at auction. These are based upon various factors including
prices recently paid at auction
for comparable property, condition, rar-
ity, quality, history, and provenance. Estimates are prepared well in
advance of the sale and subject to revision. Estimates do not include
the buyer’s premium or sales tax (see under separate heading). See
Paragraph 10 of the Conditions of Sale for important restrictions as to
reliance on estimated prices.
Reserves The reserve is the minimum price the seller is willing to ac-
cept and below which a lot will not be sold. This amount is confidential
and will not exceed the low pre-sale estimate.
Owned or Guaranteed Property: Profiles in History generally offers
property consigned by others for sale at public auction; occasionally,
lots are offered that are the property of Profiles in History.
Buyer’s Premium and Sales Tax: The actual purchase price will be the
sum of the final bid price plus the buyer’s premium of 23% of the ham-
mer price (discounted to 20% when full payment is made in cash or by
valid check); or twenty-three percent (23%) if bid on and won through
internet bidding. California sales tax shall automatically be added to
the purchase price unless exempted.
Before the Auction: You may attend pre-sale viewing for all of our
auctions at no charge. All property to be auctioned is usually on view
for several days prior to the sale. You are encouraged to examine lots
thoroughly. You may also request condition reports (see below). Pro-
files in History’s staff are available at viewings and by appointment.
Hours of Business: Profiles in History is open from 8 a.m. to 5 p.m.
on weekdays. The viewing schedule for the auction is published in the
front of the auction catalog.
Condition Reports: If you wish to obtain additional information on
a particular lot, or cannot appear at the viewing,
Profiles in History
may provide, upon request, a condition report. We remind prospec-
tive buyers that descriptions of property are not warranted and that
each lot is sold “as is” in accordance with the terms of the limited
warranty. Condition reports, as other descriptions of property, are not
warranted; they are only provided as a service to interested clients.
Neither Profiles in History nor the consignor make any express or
implied representation or warranty concerning
the condition of any
lot offered for sale; any information furnished does not modify or ne-
gate the limited warranty contained in the Conditions of Sale. See
Paragraph 10 of the Conditions of Sale for important restrictions as to
reliance on condition reports.
Registration: If you are planning to bid at auction, you will need to
register with us. Please arrive 30 or 45 minutes before the sale to com-
plete bidder registration and to receive a numbered paddle to identify
you if you are the successful bidder. If you are a new client, or if you
have not made a recent purchase at Profiles in History, you may be
asked to supply bank and/or other credit references when you register.
To avoid any delay in the release of your purchases, we suggest that
you pre-arrange check or credit approval. If so, please contact Profiles
in History at (310) 859-7701 or by fax at (310) 859-3842. You must
acknowledge having read your agreement with all of the Conditions
of Sale prior to your registration and prior to your bidding on any lot.
The Auction: All auctions are open to registered bidders only. You
must register to bid or otherwise participate.
Bidding: Property is auctioned in consecutive numerical order, as it
appears in the catalog. The auctioneer will accept bids from those pres-
ent in the salesroom or absentee bidders participating by telephone,
internet or by written bid left with Profiles in History in advance of
the auction. The auctioneer may also execute bids on behalf of the
consignor to protect the reserve, either by entering bids in response
to salesroom, telephone or absentee bids. Under no circumstances will
the auctioneer place any bid on behalf of the consignor at or above the
reserve. The auctioneer will not specifically identify bids placed on
behalf of the consignor to protect the reserve.
Bidding Increments: See registration page.
Absentee Bids: If you cannot attend an auction, it is possible to bid
by other means. The most common is the absentee bid, sometimes
called an “order bid.” Absentee bids are written instructions from you
directing Profiles in History to bid for you on one or more lots up to
a maximum amount you specify for each lot. Profiles in History staff
will execute your absentee
bid as reasonably as possible, taking into
account the reserve price and other bids. There is no charge for this
service. If identical bids are submitted by two or more parties, the first
bid received by Profiles in History will take preference. The auction-
eer may execute bids for absentee bidders directly from the podium,
clearly identifying these as order bids. Absentee Bid Forms are available
in the back of every auction catalog and also may be obtained at any
Profiles in History location. See Conditions of Sale and Registration
Form for absentee bid details.
Telephone Bids: It is also possible to bid by telephone if you cannot
attend an auction. Arrangements should be confirmed at least one day
in advance of the sale with Profiles in History at (310) 859-7701. Pro-
files in History staff will execute telephone bids from designated areas
in the salesroom. See Conditions of Sale and Registration Form for
telephone bid details.
Internet Bids: Profiles in History is pleased to offer live Internet bid-
ding at www.profilesinhistory.com. To ensure proper registration,
those Bidders intending to bid via the internet must visit this site and
register accordingly at least one full day prior to the actual auction.
Please be aware that there is a minimum 3-second delay in the audio
and visual feeds, which may confuse some bidders. If you have ques-
tions about this feature, please call Profiles in History well in advance
of the auction. Winning bidders will be notified by Profiles. Profiles is
not and cannot be responsible or liable for any problems, delays, or any
other issues or problems resulting out of use of the Internet generally
or specifically, including but not limited to transmission, execution or
processing of bids.
PLEASE NOTE: On some occasions beyond the control of Profiles,
the online bidding software or the Internet itself may not physically
keep up with the pace of the auction. In order to help avoid disappoint-
ment, Profiles recommends placing a realistic absentee bid now. Occa-
sionally the auctioneer may eliminate or reject an internet live bid, and
the auctioneer may also reopen a lot after the close of the internet live
bidding (typically but not always because a
floor bid or a telephone bid
was missed), and your bid may be rejected even if you were shown to
be the winning bidder. By bidding online, you acknowledge and agree
that Profiles in History may award the lot to another bidder at its sole
and final discretion under the circumstances described above or under
any other reasonable circumstances. Since internet bids are not shown
to Profiles until Profiles opens the lot on the floor, Profiles treats those
bids the same as floor or telephone bids. In most cases, however, the
floor and/ or telephone responds before the internet bid is presented,
due to live internet bid software or internet lag time, so for consistency
it is Profiles in History’s policy that floor bids and telephone bids are al-
ways considered first over online bids with floor bids being considered
before telephone bids. Also please note that all Profiles lots purchased
online carry a 23% Buyer’s Premium. Profiles in History strongly urges
the bidder to resolve any questions about these policies or their imple-
mentation PRIOR TO BIDDING.
Successful Bids: The fall of the auctioneer’s hammer indicates the final
bid. Profiles in History will record the paddle number of the buyer. If
your salesroom or absentee bid is successful, you will be notified after
the sale by mailed or emailed invoice.
Unsold Lots: If a lot does not reach the reserve, it is bought-in. In other
words, it remains unsold and is returned to the consignor.
AFTER THE AUCTION
Payment: You are expected to pay for your purchases in full within
seven calendar days of the sale or five calendar days from the invoice
date, whichever is later, and to remove the property you have bought
by that date.
Shipping: After payment has been made in full, Profiles in History
may, as a service to buyers, arrange to have property packed, insured
and shipped at your request and expense. For shipping information,
please contact Profiles in History at (310) 859-7701. In circumstances
in which Profiles in History arranges and bills for such services via
invoice or credit card, we will also include an administration charge.
Packages shipped internationally will have full value declared on ship-
ping form.
Sales Results: Interested clients may obtain sale results for specific lots
at least three business days after the auction by calling Profiles in His-
tory at (310) 859-7701.
THE SELLER
Auction Estimate: If you are considering selling your property, you can
bring items to our Calabasas Hills salesroom by appointment only. If a
visit is not practical, you may instead send a clear photograph together
with dimensions and any other pertinent information you may have.
Profiles in History cannot be responsible or liable in any case for dam-
age or loss to photographs or other information sent.
Consignment Agreement: If you decide to sell your property at auc-
tion, the procedures are simple and you should find Profiles in History
staff helpful to you throughout the process. After discussions with our
staff you will receive a contract (Consignment Agreement) to sign, set-
ting forth terms and fees for services we can provide, such as insurance,
shipping and catalog illustrations. For all categories, Profiles in His-
tory’s standard consignor commission rates are fifteen percent (15%)
of the final bid price. Profiles in History generally charges a minimum
commission of $100 for each lot sold. Profiles in History will discuss
with you a suggested reserve price and our recommendations for pre-
sale estimates for each piece of property you consign for sale. The terms
and conditions contained in the actual Consignment Agreement will
govern our respective rights and obligations; those terms and condi-
tions are controlling over these general guidelines.
Delivery of Property to Profiles in History: After you have consigned
property
to us for sale, you can either bring your property to Profiles
in History yourself, arrange with your own shipper to deliver it to us
or Profiles in History can arrange for it to be shipped through their
shipping department. We are always happy to assist you. For more in-
formation please contact us at (310) 859-7701. Property usually arrives
at Profiles in History at least three months before the sale in order
to allow time to research, catalog and photograph the items. Prior to
the auction your property is generally stored at Profiles in History’s
facilities.
Pre-Auction Notification: Several weeks before the scheduled sale,
along with thousands of Profiles in History’s worldwide subscribers,
you should be receiving a copy of the sale catalog in which your prop-
erty is offered.
After approximately 30 business days following completion of the sale,
pending payment by the purchaser, you will be sent payment for your
sold property and a settlement statement itemizing the selling commis-
sion and other damages.
Photographs, Illustrations and Screen Shots: Unless otherwise explic-
itly set forth in the catalog description for an individual item, all photo-
graphs, illustrations, and screen shots are furnished solely for reference
purposes and not as a statement, representation or warranty that the
image depicted is the exact item offered. Due to the fact that multiple
props, costumes, and other items are customarily made for and used
on or off screen in a motion picture or other program, Pro files can-
not and does not represent or warrant that the specific item depicted
in the photograph, illustration or screen shot is the very same item
offered at auction.
Trademarks: In the catalog descriptions, Profiles
takes steps to identify
and provide provenance for an item offered at auction. In many cases,
the items offered were used in or in conjunction with motion pictures
or other programs and is furnished in order to fully identify and de-
scribe the item offered at auction, including photographs, il lustrations,
and screen shots. Profiles in no way claims any connection to or rela-
tionship with the producers of the motion picture or other program. In
all cases, the use of the titles or other elements of a motion picture or
other program is for informational purposes only.
Copyrights: Unless otherwise set forth with respect to an item offered,
the item offered at auction is a one-of-a-kind original piece, and Pro-
files makes no statement, repre sentation or warranty concerning the
copyright of such item. Depiction of the item in the catalog and other
auction promotions is purely for informational and reference purposes
regarding the offering of the item at auction. Unless otherwise set forth
with respect to an item offered, Profiles makes no statement, represen-
tation or warranty concerning the successful bidder’s right to copy,
reproduce or adapt for any purpose any item offered at auction.