Ludwig van Beethoven Autograph Letter Signed to His Secretary
ALS in German, signed “Beethoven,” three pages on two adjoining sheets, 5 x 8, no date but circa mid-February 1826. Handwritten letter to Karl Holz, who played the second violin in Ignaz Schuppanzigh's string quartet, a close friend of Beethoven’s and the composer's devoted secretary toward the end of his life; Beethoven frequently entrusted with his quotidian missions. The background of the letter is obscure: it probably refers to an episode involving Beethoven’s housekeeper, Ms. Lindner, with whose work he was dissatisfied, and to the problem of supervising the lifestyle of Karl, Beethoven’s troubled young nephew. He also makes a request for some flannel cloth; Beethoven’s conversation notebooks reveal that Holz’s sister Anna attended to the requested purchase of the flannel in mid-February 1826. In full (translated): "As token payment the cane did its job yesterday. I would much prefer if you located somebody to trace the K. trail, perhaps we shall find something better than we expect—and only then is action to be taken according to conviction—whatever the cost, I will gladly refund all, only the matter must be approached cleverly. I ask you sincerely to instruct your sister, whom I send my regards, to buy two cubits of flannel according to this swatch; you can bring the cloth along when you visit me this noon—I only regret having to burden you in so many matters. In haste." In very good to fine condition, with moderate overall foxing, and minor loss to the edges. Citation: Beethoven, Briefwechsel, vol. 6, no. 2117 (“original unknown”), based on Kalischer’s inaccurate edition (1908), vol. 5, no. 1181. From the collection of Adolf Göttmann, Berlin (cf. MGG vol. 5, cols. 460f.).
Ludwig van Beethoven Autograph Letter Signed to His Secretary
Conditions of Sale
ANYONE EITHER REGISTERING TO BID OR PLACING A BID (“BIDDER”) ACCEPTS THESE CONDITIONS OF SALE AND ENTERS INTO A LEGALLY, BINDING, ENFORCEABLE AGREEMENT WITH R&R AUCTION COMPANY OF MASSACHUSETTS, LLC (“RR AUCTION”) TOGETHER WITH BIDDER, THE “PARTIES”). This Agreement contains important provisions that control rights and liabilities, and specifically has provisions governing how disputes are handled as well as LIMITATIONS OF LIABILITY that can be imposed upon RR Auction, WAIVER OF JURY and ARBITRATION PROVISIONS. This acknowledgement is a material term of these Conditions of Sale and of the consideration under which RR Auction agrees to these terms. PLEASE READ CAREFULLY.
The following terms and conditions (“Conditions of Sale”) constitute the sole terms and conditions under which RR Auction will offer for sale and sell the property on its website, and/or described in the catalog of items for auction (the “Catalog”). These Conditions of Sale constitute a binding agreement between the Parties with respect to the auction in which Bidder participates (the “Auction”). By bidding at the Auction, whether in person, through an agent or representative, by telephone, facsimile, online, absentee bid, or by any other form of bid or by any other means, Bidder acknowledges the thorough reading and understanding of all of these Conditions of Sale, all descriptions of items in the Catalog, and all matters incorporated herein by reference, and agrees to be fully bound thereby.
Section 1
The Parties1.1 RR Auction and AuctionThis Auction is presented by RR Auction, a d/b/a/ of R&R Auction Company of Massachusetts, LLC, as identified with the applicable licensing information on the title page of the Catalog or on the www.RRauction.com Internet site. The Auction is conducted under these Conditions of Sale. Announcements and corrections from the podium at live auctions and those made through the Conditions of Sale appearing on the Internet at RRauction.com supersede those in the printed Catalog.1.2 BidderBidder shall mean the original Bidder on the property offered for sale by RR Auction and not any subsequent owner or other person who may acquire or have acquired an interest therein. If Bidder is an agent, the agency must be disclosed in writing to RR Auction prior to the time of sale, otherwise the benefits of the warranty shall be limited to the agent and not transferable to the undisclosed principal.The rights granted to Bidder under these Conditions of Sale are personal and may not be assigned or transferred to any other person or entity, whether by operation of law or otherwise without the express written assent of RR Auction. Bidder may not transfer, assign, or otherwise convey these Conditions of Sale or any of the rights herein, and such purported transfer, assignment, or conveyance shall be null and void. No third party may rely on any benefit or right conferred on any Bidder by these Conditions of Sale, and no third party is intended as a beneficiary of these Conditions of Sale.Bids will not be accepted from minor persons under eighteen (18) years of age without a parent or legal guardian’s written consent containing an acknowledgment of the Conditions of Sale herein and indicating their agreement to be bound thereby on behalf of the Bidder.All Bidders must meet RR Auction’s qualifications to bid. Any Bidder who is not a client in good standing of RR Auction may be disqualified at RR Auction’s sole option and will not be awarded lots. Such determination may be made by RR Auction in its sole and unlimited discretion, at any time prior to, during, or even after the close of the Auction. RR Auction reserves the right to exclude any person from the Auction. If an entity places a bid, then the person executing the bid on behalf of the entity agrees to personally guarantee payment for any successful bid and agrees to be bound by these Conditions of Sale in addition to company for whom the Bidder is actingBy accepting the Conditions of Sale, Bidder personally and unconditionally guarantees payment.Section 2
Bidding Privileges
2.1 In order to place bids, Bidders who have not established an account with RR Auction must either furnish satisfactory credit information (including two collectibles-related business references) or supply additional information if requested, well in advance of the Auction. Bidders who are not members of RRAuction.com should pre-register before the close of the Auction to allow adequate time to contact references. Privileges will be granted at the sole discretion of RR Auction. Additionally, Bidders who have not previously established credit or who wish to bid in excess of their established credit history may be required to provide a cash deposit prior to RR Auction’s acceptance of a bid. Check writing privileges and immediate delivery of merchandise may also be determined by pre-approval of credit based on a combination of criteria: RRAuction.com history, related industry references, bank verification, a credit bureau report and/or a personal guarantee for a corporate or partnership entity in advance of the Auction venue.
2.2 Bidder providing any false or misleading information provided in connection with the registration shall be a material breach of the Conditions of Sale and in addition to any other remedies at law shall excuse RR Auction from performance under these Conditions of Sale, including the right to any refund.
2.2 Bidding privileges may be revoked without notice, for any reason, at the sole discretion of RR Auction .
Section 3
Buyer’s Premium
3.1 The Bidder acknowledges and agrees that a 25% buyer’s premium will be added to the hammer price on all individual lots sold in timed and live Auctions. For payment other than by cash, delivery will not be made unless and until full payment has been received by RR Auction, i.e., check or wired funds have fully cleared. Unless otherwise agreed in writing, signed by RR Auction, payment in full is due within thirteen (13) calendar days of the Auction or within twelve (12) calendar days of the invoice date, whichever is earlier. Bidder’s failure to pay any payment in full when due required shall constitute a material breach, and in addition to other damages available under contract or law, at RR Auction’s election, RR Auction may cancel the sale and require full premium still be due along with interest at 1.5% per month from the date of breach, or at the maximum legally allowable rate. Section 4
Bidding
4.1 Each Bidder’s determination of its bid should be based upon its own examination of the item(s) and independent investigation, rather than the any reliance as to what is represented in the Catalog, online or elsewhere. Bidder affirms that it regards any statements made by RR Auction concerning the item as solely opinion and that Bidder is making its own inspection and independent evaluation of the goods, and is not relying upon any description or statements by RR Auction (including as to quality, authenticity, provenance, ownership, liens existing, on goods legality, or value) in making its determination to bid on or purchase an item. In any purchase or sale, the value of the item(s) is determined by the price. THE BIDDER HEREBY ASSUMES ALL RISKS CONCERNING ANY AND ALL PURCHASES TO THE FULLEST EXTENT UNDER APPLICABLE LAW.4.2 RR AUCTION IS NOT RESPONSIBLE FOR ERRORS IN BIDDING. A Bidder should make certain to bid on the correct lot and that the bid is the maximum (plus the Buyer’s Premium) that the Bidder is willing and able to pay. Since other Bidders (by mail, facsimile, online, and in person) will be present, and since a re-offering could damage the momentum of the sale, once the hammer has fallen and RR Auction has announced the winning Bidder, such Bidder is unconditionally bound to pay for the lot, even if the Bidder has made a mistake.4.3 All prospective Bidders who examine lots in person prior to the sale shall personally assume all responsibility for any damage they cause in so doing. RR Auction shall have sole discretion in determining the value of the damage caused, which shall be promptly paid by the prospective Bidder.4.4 Title to any lot remains with Consignor, any secured party of the Consignor, or assignee of Consignor, as the case may be, until the lot is paid for in full by Bidder and Bidder has fully satisfied any outstanding financial obligations to RR Auction (including as it concerns aby other lots). RR Auction reserves the right to require payment in full before delivering any lot to the successful Bidder.
4.5 It is the Bidder’s responsibility and obligation to have the lots fully insured while in their possession. Bidder assumes any and all risk of loss upon the earlier of shipment to Bidder or in Bidder’s possession.4.6 Bidder grants to RR Auction or its assigns the right to offset any sums due, or found to be due by RR Auction, and to make such offset from any past, subsequent or future consignment, or items acquired by Bidder in possession or control of RR Auction or from any sums due to Bidder by RR Auction. Bidder further grants RR Auction a lien consisting of a senior security interest (or purchase money security interest to the extent applicable) in such sums or items to the fullest extent applicable, authorizes RR Auction to file documents concerning the interest, and Bidder agrees to execute any further documents as may be reasonably necessary to grant RR Auction such security interest. Bidder agrees that RR Auction and its assigns shall be a secured party with respect to items bought by Bidder and in the possession of RR Auction, to the extent of the maximum indebtedness, plus all accrued fees and expenses, until the indebtedness is paid. 4.7 By bidding in this sale, Bidder personally and unconditionally guarantees payment. The authorized representative of any corporate Bidder who is present at the sale shall provide RR Auction or its agent, prior to the commencement of the bidding (or at the time of registration), with a statement signed by a principal, director or officer that they he or she personally and unconditionally guarantees any payment due RR Auction.4.8 RR Auction may at its sole and absolute discretion, make loans or advances to Consignors and/or prospective Bidders. Section 5
Bidding Options
5.1 Non-Internet bids (including but not limited to in-person, facsimile, phone and mail bids) are treated similarly to floor bids in that they must be on-increment. Any in-person, facsimile, phone, or mail bids that do not conform to a full increment will be rounded up or down to the nearest full increment and this revised amount will be considered Bidder’s high bid.5.2 When identical bids are submitted, preference is given to the first received. To ensure the greatest accuracy, written bids should be entered on the standard printed bid sheet and be received at RR Auction’s place of business at least twenty-four (24) hours before the Auction start. RR Auction is not responsible for executing mail bids or facsimile bids received on or after the day the first lot is sold, nor Internet bids submitted after the published closing time; nor is RR Auction responsible for proper execution of bids submitted by telephone, mail, facsimile, e-mail, Internet, or in person once the Auction begins. 5.3 In all Auctions, bids on an item must raise the current high bid by at least 10%, or as specified on a per-Auction basis. Bids will be accepted in whole dollar amounts only. No “buy” or “unlimited” bids will be accepted. In a live sale, bids on an item can change at the discretion of RR Auction. 5.4 RR Auction reserves the right to accept or decline any bid. Bids must be for an entire lot and each lot constitutes a separate sale. All bids are per lot unless otherwise announced. Live auction lots will be sold in their numbered sequence unless RR Auction directs otherwise. It is unlawful and illegal for Bidders to collude, pool, or agree with another Bidder to pay less than the fair value for lot(s). For live auctions, RR Auction will have final discretion in the event that any dispute should arise between Bidders. RR Auction will determine the successful Bidder, cancel the sale, or re-offer and resell the lot or lots in dispute. RR Auction will have final discretion to resolve any disputes arising after the sale and in online auctions. If any dispute arises, RR Auction’s sale record is conclusive.Section 6
Payment
6.1 Subject to fulfillment of all of the Conditions of Sale set forth herein, upon the sooner of (1) the passing of title to the offered lot pursuant to these Conditions of Sale, or (2) possession of the offered lot by the Bidder, Bidder thereupon (a) assumes full risk and responsibility (including without limitation, liability for or damage to frames or glass covering prints, paintings, photos, or other works), and (b) will immediately pay the full purchase price or such part as RR Auction may require. In addition to other remedies available to RR Auction by law, RR Auction reserves the right to impose from the date of sale a late charge of 1.5% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. All property must be removed from RR Auction’s premises by the Bidder at his/her expense not later than sixty (60) business days following its sale and, if it is not so removed, RR Auction may send the purchased property to a public warehouse for the account, at the risk and expense of the Bidder.6.2 Payment is due upon closing of the Auction session, or upon presentment of an invoice. RR Auction reserves the right to void an invoice if payment in full is not received within thirteen (13) calendar days of the Auction or within twelve (12) calendar days of the invoice date. In cases of nonpayment, RR Auction’s election to void a sale does not relieve the Bidder from their obligation to pay RR Auction its fees (seller’s and Buyer’s Premium) on the lot and any other damages pertaining to the lot.6.3 All sales for total invoices greater than $2,500 are strictly for cash in United States dollars (including U.S. currency, bank wire, cashier checks, eChecks, and bank money orders), and are subject to all reporting requirements.6.4 All deliveries are subject to good funds; funds being received in RR Auction’s account before delivery of the Purchases; and all payments are subject to a clearing period. RR Auction reserves the right to determine if a check constitutes “good funds”: checks drawn on a U.S. bank are subject to a ten (10) calendar day hold, and ten (10) business days when drawn on an international bank. Clients with pre-arranged credit status may receive immediate credit for payments via e-Check, personal or corporate checks.6.5 In the event that a Bidder’s payment is dishonored upon presentment(s), Bidder shall pay the maximum statutory processing fee set by applicable state law. If Bidder attempts to pay via check and the financial institution denies the transfer from Bidder’s bank account, or the payment cannot be completed using the selected funding source, Bidder agrees to complete payment.6.7 If RR Auction refers any unpaid invoice to an attorney for collection, the Bidder agrees to pay and shall be liable for RR Auction’s attorney’s fees, court costs, and other collection costs incurred by RR Auction in addition to the invoice amount and interest the greater of 1.5% per month or at the maximum legally allowable rate from date of invoice to collection. If RR Auction assigns collection to its house counsel, such attorney’s time expended on the matter shall be compensated at a rate comparable to the hourly rate of independent attorneys.6.8 RR Auction shall have a lien against the merchandise purchased by the Bidder (as well as to the extent it is a consignor any other monies owed or due to Bidder) to secure payment of the Auction invoice. RR Auction is further granted a lien and the right to retain possession of any other property of the Bidder then held by RR Auction or its affiliates to secure payment of any Auction invoice or any other amounts due RR Auction or affiliates from the Bidder. With respect to these lien rights, RR Auction shall have all the rights of a secured creditor, including but not limited to the right of sale. In addition, with respect to payment of the Auction invoice(s), the Bidder waives any and all rights of offset he might otherwise have against RR Auction and the consignor of the merchandise included on the invoice (the Consignor”). If a Bidder owes RR Auction or its affiliates on any account, RR Auction and its affiliates shall have the right to offset such unpaid account by any credit balance due Bidder, and it may secure by possessory lien any unpaid amount by any of the Bidder’s property in their possession.
6.9 All checks, cashiers checks, bank checks, or money orders are payable to R&R Auction Company of Massachusetts, LLC. RR Auction clients with an invoice totaling $2,500 or under will have the option to pay by VISA, Mastercard, Discover or Paypal. All Paypal payments must be sent to [email protected].
Section 7
Sales Tax
RR Auction is a remote seller and we are now required to collect Sales/Use Tax from our bidders. The states that we have nexus in we will be required to collect and remit sales tax on your behalf. Each state has different requirements to meet nexus. When RR Auction has achieved a certain monetary and/or invoice threshold in each state we will apply sales tax to your total invoice. Please go to our terms on our website to see the states that are affected.
If we have not achieved nexus in a particular state it is still your responsibility to pay sales tax on your purchases.
The sales tax rate is determined by the State, Country, and City where purchases are shipped to. If you decide to pick up your purchases at our New Hampshire location you will not be required to pay sales tax. The State of New Hampshire does not have a general sales and use tax. All purchases picked up at our Massachusetts location will be taxed at the current rate of 6.25%.
Pennsylvania sales or use tax may be due in connection with the purchase and delivery of tangible personal property to Pennsylvania individuals and businesses. The purchaser is required to file a use tax return if tax is due in connection with the purchase and delivery in the Commonwealth. This notice is required pursuant to the provisions of the Tax Reform Code of 1971. 72 P.S. ¤ 7213.2.
If you have a resale number please email [email protected] or fax to (603) 732-4288 a copy of your state resale certificate and you will be exempt from paying sales tax.
Section 8Delivery; Shipping; and Handling Charges
Bidder is liable for shipping and handling and providing accurate information as to shipping or delivery locations and arranging for such. RR Auction is unable to combine purchases from other auctions or affiliates into one package for shipping purposes. Lots won will be shipped in a commercially reasonable time after payment in good funds for the merchandise and the shipping fees is received or credit extended, except when third-party shipment occurs. Bidder agrees that service and handling charges related to shipping items which are not pre-paid may be charged to a credit card on file with RR Auction.Successful international Bidders shall provide written shipping instructions, including specified Customs declarations, to RR Auction for any lots to be delivered outside of the United States. NOTE: Declaration value shall be the item’(s) hammer price and RR Auction shall use the correct harmonized code for the lot. Domestic Bidders on lots designated for third-party shipment must designate the common carrier, accept risk of loss, and prepay shipping costs.
Section 9
Title
Title shall not pass to the successful Bidder until all invoices of Bidder (including those pertaining to the item(s) at issue) and amounts owed to RR Auction are paid in full. It is the responsibility of the Bidder to provide adequate insurance coverage for the items once they have been delivered to a common carrier or third-party shipper.Section 10
Rights Reserved
RR Auction reserves the right, at any time before, during or after an auction has ended to: withdraw any lot before or at the time of the Auction, cancel any bid, and/or to postpone the Auction of all or any lots or parts thereof, for any reason. RR Auction shall not be liable to any Bidder in the event of such withdrawal, cancellation, or postponement under any circumstances. RR Auction reserves the right to refuse to accept bids from anyone at any time.
Section 11
Conducting the Auction
11.1 RR Auction reserves the right to postpone the Auction or any session thereof for a reasonable period of time for any reason whatsoever, and no Bidder or prospective Bidder shall have any claim as a result thereof, including consequential damages.
11.2 RR Auction’s Discretion: RR Auction shall determine opening bids and bidding increments. RR Auction has the right in its absolute discretion to reject any bid in the event of dispute between Bidders or if RR Auction has doubt as to the validity of any bid, to advance the bidding 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, RR Auctions record of final sale shall be conclusive. RR Auction also may reject any bid if RR Auction decides either that any bid is below the reserve of the lot or article or that an advance is insufficient. Unless otherwise announced by RR Auction at the time of sale, no lots may be divided for the purpose of sale. 11.3 Reserves
Lots may be subject to a reserve which is the confidential minimum price below which the lot will not be sold. Consignors may not bid on their own lots or property. RR Auction may, from time to time, bid on items that it does not own. RR Auction may execute bids consecutively or otherwise up to one bid increment below the reserve.
11.4 Off-Site Bidding
Bidding by telephone, facsimile, online, or absentee bidding (advance written bids submitted by mail) are offered solely as a convenience and permitted subject to advance arrangements, availability, and RR Auction’s approval which shall be exercised at RR Auction’s sole discretion. Neither RR Auction 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.
11.5 Estimate Prices:In addition to descriptive information, each item in the Catalog sometimes includes a price range which reflects opinion as to the price expected at auction (the “Estimate Prices”). In other instances, Estimate Prices can be obtained by calling RR Auction at (603) 732-4280. The Estimate Prices are based upon various factors including prices recently paid at auction for comparable property, condition, rarity, quality, history and provenance. Estimate Prices 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). 11.6 Owned or Guaranteed Property:RR Auction generally offers property consigned by others for sale at public auction; in very limited occasion, lots are offered that are the property of RR Auction.11.7 Before the Auction:Bidder may attend pre-sale viewing for all of RR Auction’s auctions at no charge. All property to be auctioned is usually on view for several days prior to the sale. Bidder is encouraged to examine lots thoroughly. Bidder may also request condition reports (see below). RR Auction’s staff are available at viewings and by appointment. 11.8 Maximum Bids In All Auctions:To maximize Bidder’s chance of winning, RR Auction strongly encourages the use of maximum bids. RR Auction will then bid for Bidder until the lot reaches Bidder’s specified maximum. Maximum bids are strictly confidential. Placing arbitrary, non-incremental bids on lots with prior maximum bids may result in these lots being sold for less than 10% above the under Bidder’s bid.11.9 Successful Bids:The fall of RR Auction’s hammer indicates the final bid. RR Auction will record the paddle number of the Bidder. If Bidder’s salesroom or absentee bid is successful, Bidder will be notified after the sale by mailed or emailed invoice.11.10 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. RR Auction has the right to sell certain unsold items after the close of the Auction. Such lots shall be considered sold during the Auction and all these Terms and Conditions shall apply to such sales including but not limited to the Buyer’s Premium, return rights, and disclaimers.11.11 Bidding in Timed Auction:Bidder may open, monitor, and/or raise bids at any time before the close of a lot through www.rrauction.com. RR Auction offers a callback service the day of the Auction, but Bidder is responsible for supplying a correct telephone number(s) where Bidder can be reached until the Auction closes. Bidder must request this service in writing. RR Auction will make reasonable efforts to ensure that Bidders who request a callback are contacted if outbid; however, RR Auction does not guarantee this service and it is merely a courtesy and not an enforceable right. The auctioneer may also execute a bid on behalf of the consignor to protect the reserve, either by entering a bid in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve.To ensure proper registration, those Bidders intending to bid via the Internet must visit www.RRauction.com and register accordingly at least one full day prior to the actual auction. Winning bidders will be notified by RR Auction. RR Auction is not 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.Any Bidder may bid on any lot prior to 6 pm EST/EDT. At that time, an extended bidding period goes into effect. If Bidder has not bid on a lot before 6 pm EST/EDT, Bidder may not bid on that lot after 6 pm EST/EDT. Only those Bidders who have placed bids on a lot before 6 pm EST/EDT will be allowed to bid on that lot after 6 pm EST/EDT. If Bidder is the only Bidder on a lot at 6 pm EST/EDT, that lot is awarded to Bidder. During the extended bidding period, a lot will remain open only to those who bid on that lot prior to 6 pm EST/EDT. All lots WITHOUT an opening bid at 6 pm EST/EDT will remain OPEN to ALL Bidders until 7 pm EST/EDT or until they receive their first bid. These lots will close immediately upon receipt of a bid or at 7 pm EST/EDT, whichever comes first. For all lots that are active after 7 pm EST/EDT, bidding will remain open until 30 minutes pass without a bid being placed on THAT lot (the “30 Minute Rule”). The 30 Minute Rule is applied on a PER LOT BASIS; each lot in the Auction closes individually based on bidding activity after 7 pm EST/EDT. On a PER LOT BASIS, the 30 minute timer will reset each time a bid is placed after 7 pm EST/EDT. If Bidder is the high Bidder, raising Bidder’s maximum bid will NOT reset the timer. RR Auction reserves the right to close the Auction at any time at its sole discretion.11.12 Bidding - Internet Live Auction:Bidder may open, monitor, and/or raise bids at any time before the close of a lot through www.rrauction.com. RR Auction offers a callback service the day of the Auction, but Bidder is responsible for supplying a correct telephone number(s) where Bidder can be reached until the Auction closes. Bidder must request this service in writing. RR Auction will make reasonable efforts to ensure that Bidders who request a callback are contacted if outbid; however, RR Auction does not guarantee this service and it is merely a courtesy and not an enforceable right.To ensure proper registration, those Bidders intending to bid via the Internet must visit www.RRauction.com and register accordingly at least one full day prior to the actual auction. Winning bidders will be notified by RR Auction. RR Auction is not 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.During live internet or live auction, property is auctioned in consecutive numerical order, as it appears in the catalog. The auctioneer will accept bids from those present in the salesroom or absentee bidders participating by telephone, internet or by written bid left with RR Auction in advance of the auction. The auctioneer may also execute a bid or bids (successively or otherwise) on behalf of the consignor to protect the reserve, either by entering a bid in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve. All auctions for lots are with reserve unless specifically stated otherwise.
During live Auctions, internet bids can be placed in real time through one or more of the following Third Party services: www.liveauctioneers.com, www.invaluable.com and www.icollector.com. RR Auction is not 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. RR Auction treats any third-party site bids as floor or telephone bids. Floor bids and telephone bids are always considered first over third party sites bids, and floor bids are considered earlier than telephone bids. All RR Auction lots purchased through the third-party sites carry an additional Buyer’s Premium. 11.13 Miscellaneous:Agreements between Bidders and Consignors to effectuate a non-sale of an item at Auction, inhibit bidding on a consigned item to enter into a private sale agreement for said item, or to utilize RR Auction’s Auction to obtain sales for non-selling consigned items subsequent to the Auction, are strictly prohibited. If a subsequent sale of a previously consigned item occurs in violation of this provision, RR Auction reserves the right to charge Bidder the applicable Buyer’s Premium and Consignor a Seller’s Commission as determined for each auction venue and by the terms of the seller’s agreement.Acceptance of these Terms and Conditions qualifies Bidder as a client who has consented to be contacted by RR Auction in the future. In conformity with ”do-not-call” regulations promulgated by the Federal or State regulatory agencies, participation by the Bidder is affirmative consent to being contacted at the phone number shown in his application and this consent shall remain in effect until it is revoked in writing. RR Auction may from time to time contact Bidder concerning sale, purchase, and auction opportunities available. 11.14 Rules of Construction: RR Auction presents properties in a number of collectible fields, and as such, specific venues have promulgated supplemental Terms and Conditions. Nothing herein shall be construed to waive the general Conditions of Sale by these additional rules and shall be construed to give force and effect to the rules in their entirety.Section 12
RR Auction’s Remedies
Failure of the Bidder to comply with any of these Conditions of Sale or the terms of the Registration Form is an event of material breach or default. In such event, RR Auction may, in addition to any other available remedies specifically including the right to hold the defaulting Bidder liable for the Purchase Price or to charge and collect from the defaulting Bidder’s credit or debit accounts as provided for elsewhere herein: (a) cancel the sale, retaining any payment made by the Bidder as damages (the Bidder understands and acknowledges that RR Auction will be substantially damaged should such default occur, and that damages under sub-part (a) are necessary to compensate RR Auction for such damages); (b) resell the property without reserve at public auction or privately; (c) charge the Bidder interest on the Purchase Price at the rate of one and one-half percent (1.5%) per month or the highest allowable interest rate; (d) take any other action that RR Auction, in its sole discretion, deems necessary or appropriate to preserve and protect RR Auction’s rights and remedies. Should RR Auction resell the property, the original defaulting Bidder shall be liable for the payment of any deficiency in the purchase price and all costs and expenses associated there with, including but not limited to warehousing, 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 Bidder is the successful Bidder on more than one lot and pays less than the purchase price for the total lots purchased, RR Auction shall apply the payment received to such lot or lots that RR Auction, in its sole discretion, deems appropriate. If RR Auction does not exercise 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 Bidder failing to comply with these Conditions of Sale shall be deemed to have granted RR Auction a security interest in, and RR Auction may retain as collateral such security for such Bidder’s obligations to RR Auction, any Bidder’s property in RR Auction’s possession or to which title has not yet passed to Bidder. RR Auction shall have the benefit of all rights of a secured party under the Uniform Commercial Code (U.C.C.) as adopted by the Commonwealth of Massachusetts.Section 13
Warranties
13.1 RR Auction does not provide any warranties to Bidders, whether expressed or implied, beyond those expressly provided in these Conditions of Sale. All property and lots are sold ”as is” and “where is”. By way of illustration rather than limitation, neither RR Auction 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 RR Auction nor the Consignor makes any representation or warranty, expressed or implied, as to whether the Bidder acquires rights in copyright, trademark, or other intellectual property (including exhibition or reproduction rights) related to the item, or whether the property is subject to any limitations or other rights. RR Auction does not make any representation or warranty as to title. 13.2 All descriptions, photographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder, see also Terminology), 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 RR Auction to fairly represent the lots and property offered for sale as to origin, date, condition, and other information 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. 13.3 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 RR Auction urges Bidders to avail themselves accordingly. 13.4 All lots sold by RR Auction are accompanied by an Auction Certificate (“AC”). On any lot presented with an AC issued by RR Auction, the certification is only as to its attribution to the person or entity described or to the lot’s usage and only as explicitly stated therein (the “AC”), to the exclusion of any other warranties, express or implied, including but not limited to those pursuant to the Uniform Commercial Code. The AC inures only to the original Bidder (as shown in RR Auction’s records). Bidder may not transfer, assign, or otherwise convey the AC and such purported transfer, assignment, or conveyance shall be null and void.
Section 14
Firearms
RR Auction complies with all Federal and State rules and regulations relating to the purchasing, registration and shipping of firearms. A Bidder is required to provide appropriate documents and the payment of associated fees, if any. Bidder is responsible for providing a shipping address that is suitable for the receipt of a firearm. Section 15Unauthorized Statements
Under no circumstances is any employee, agent or representative of RR Auction authorized by RR Auction to modify, amend, waive or contradict any of these Conditions of Sale, any term or condition set forth on a 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 payment 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 RR Auction 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 RR Auction to Bidder, including statements regarding specific lots, even if such employee, agent or representative represents that such statement is authorized, unless reduced to a writing signed Bidder and by an authorized officer of RR Auction by all parties, are statements of personal opinion only and are not binding on RR Auction, and under no circumstances shall be relied upon by Bidder as a statement, representation or warranty of RR Auction. Section 16Bidder’s Remedies
16.1 Except as stated expressly herein, Bidder’s sole and exclusive remedy related to or pertaining to items it bids upon, views, or purchases from RR Auction, and any claims by Bidder related to authenticity, ownership, condition, title or value, shall be against Consignor only.
16.2 This section sets forth the sole and exclusive remedies of Bidder as against RR Auction (inclusive of its affiliates, officers, managers, employees or agents), or in any way arising out of, related to, or in connection with these Conditions of Sale, , and is expressly in lieu of any other rights or remedies which might be available to Bidder by law. Time is of the essence with respect to these procedures.
16.3 Title to Items
The Bidder hereby accepts the benefit of the Consignor’s warranty of title and any other representations and warranties made by the Consignor for the Bidder’s benefit. In the event that Bidder demonstrates in writing, satisfactory to the sole discretion of RR Auction, that there was a breach of the Consignor’s warranty of title concerning a lot purchased by Bidder, RR Auction may make demand upon the Consignor to pay to Bidder the Purchase Price (including any premiums, taxes, or other amounts paid or due to RR Auction). Should the Consignor not pay the Purchase Price to Bidder within thirty days after such demand (if any made), RR Auction may disclose the identity of the Consignor to Bidder and may assign to Bidder all or some of RR Auction’s rights against the Consignor with respect to such lot or property. Upon such disclosure and/or assignment, all responsibility and liability of RR Auction, if any, with respect to said lot or item shall automatically terminate related to or arising from these Conditions of Sale or such transaction operating as a complete waiver and general release by Bidder as to RR Auction and its agents, contractors, and affiliates, as to any and all claims concerning or related to the item, if any . RR Auction shall be entitled to retain the premiums and other amounts paid to RR Auction by Consignor only. The rights and remedies provided herein are for the original Bidder only and they may not be assigned or relied upon by any transferee or assignee under any circumstances.
16.4 Authenticity Challenge Process
(1) If Bidder wishes to dispute or challenge the Authenticity of the lot or item (including asserting that it is incorrect), Bidder must adhere to the following procedure: Within 30 days of the Auction Date, Bidder must present written evidence to RR Auction, that the lot is not authentic as determined by a known expert in the field (and one recognized by RR Auction within its discretion) and send the physical item or lot at issue to RR Auction along with all evidence relied upon by Bidder for contesting the Authenticity. (“Authenticity Challenge Process”) “Authenticity” shall mean a gross discrepancy in the between the description, genuiness, or attribution of the item as represented by RR Auction in the Catalog or at the auction, and the item. If RR Auction concurs that the lot is not Authentic as was represented (it is sole discretion), Bidder’s sole and exclusive remedy as against RR Auction (inclusive of its affiliates, agents, employees, and contractors) shall be a refund of the purchase price of the subject item paid by Bidder, with no other costs, liabilities or amounts recoverable by Bidder. If RR Auction does not agree with the assertion by Bidder, then the Parties shall follow the dispute resolution procedures of these Conditions of Sale. Strict adherence to the Authenticity Challenge Process is a condition of standing for Bidder to initiate suit or claim. (2) So long as Bidder has complied with the Authenticity Challenge Process, any claim, suit or action, by Bidder concerning an AC or Certification of Authenticity, or related to the authenticity of the item must, without any exception, be brought within one (1) year of Auction Date and is subject to the other limitations and conditions stated in the Conditions of Sale.
16.5 Other Issues. Any dispute or claim by Bidder against RR Auction (or its affiliates, directors, employees, officers, agents, or contractors)) other than Authenticity, concerning any item or lot bid upon, or purchased, including value, title, condition, bidding process, or description must be asserted (if at all) in the following manner:
(1) If the description of any lot in the Catalog is materially or grossly incorrect (e.g., gross cataloging error), or there is any other gross material issue pertaining to the item or lot, the item or lot may be returned if returned within five (5) calendar days of receipt, and received by RR Auction no later than twenty-one (21) calendar days after the Auction Date with explanation in writing.. If there is any discrepancy between the description in the Catalog and a certificate of auction, then the description in the certificate of auction (“Lot Challenge Process”). This paragraph shall constitute Bidder’s sole right with respect to the return of items, and no refunds shall be given for any items not returned to and received by RR Auction within the period of time stated herein or not materially or grossly in deviation from the description. Such a refund is subject to RR Auction’s sole discretionary review, and any request for refund must be made concurrently with returning the physical item or lot to RR Auction. Any item not returned within said frame will constitute acceptance of the item and a waiver and release of any and all claims by Bidder pertaining to the item other than with respect to authenticity; and
(2) Provided that the Bidder has engaged in the Lot Challenge Process, any claim concerning such must be brought no later than one (1) year of the Auction Date for the item or lot at issue and is subject to the other limitations and conditions stated in the Conditions of Sale.
NO RETURN OR REFUND OF ANY AUCTION LOT WILL BE CONSIDERED OR PROVIDED EXCEPT AS PROVIDED IN THESE CONDITIONS OF SALE AND BIDDERS OR AS MAY BE REQUIRED BY LAW. FAILURE TO COMPLY WITH SUCH SHALL BE A COMPLETE DEFENSE TO ANY CLAIMS BY BIDDER RELATED TO THE CONDITIONS OF SALE, ANY AUCTION OR BID.
16.6 LIMITATION OF LIABILITY. For any and all claims by Bidder arising out of or related to this Agreement, Bidder’s viewing, bid, or purchase of items, or any agreement between the Parties, or otherwise, Bidder agrees that to the fullest extent such can be limited under the law, Bidder shall have no right to recover and hereby waives any and all rights to recover from against RR Auction or its affiliates, directors, employees, officers, agents, or contractors, consequential or indirect damages, lost profits damages, punitive, exemplary, statutory (or multiplier damages), physical or emotional distress damages, general or special damages of any kind (beyond amounts actually paid by Bidder for item(s) at issue), and in the event of recovery of any damages whatsoever, such shall be limited by the amounts actually paid by Bidder to RR Auction for the item(s) at issue in such claim, or if no money was paid to RR Auction by Bidder for items at issue, or there items are at issue, the amount of $150.00.
Section 17
RR Auction’s Additional Services
For Bidders who do not remove purchased property from RR Auction’s premises, RR Auction, in its sole discretion and solely as a service and accommodation to Bidders, may arrange to have purchased lots packed, insured and forwarded at the sole request, expense, and risk of Bidder. RR Auction assumes no and disclaims all responsibility and liability for acts or omissions in such packing or shipping by RR Auction or other packers and carriers, whether or not recommended by RR Auction. RR Auction assumes no and disclaims all responsibility and liability for damage to frames, glass or other breakable items. Where RR Auction arranges and bills for such services via invoice, RR Auction will include an administration charge.
Section 18
Headings
Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer.
Section 19
Entire Agreement
Except to the extent Bidder is also a consignor (in which case the terms of the consignment agreement shall also govern), these Conditions of Sale constitute the entire agreement between the Parties together with the terms and conditions contained in the auction Registration Form. They may not be amended, modified or superseded except in a signed writing executed by all parties. No oral or written statement by anyone employed by RR Auction or acting as agent or representative of RR Auction may amend, modify, waive or supersede the terms herein unless such amendment, waiver or modification is contained in a writing signed by all parties.If any section of these Conditions of Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court or arbitrator of competent jurisdiction, the remaining parts of the agreement and remainder of the sections or terms and provisions of the section and all sections shall continue in full force and effect without being impaired or invalidated in any way.
Section 20
Governing Law and Enforcement
20.1 The Parties agree that all agreements between the Parties including but not limited to these Conditions of Sale are entered into in Boston, Massachusetts, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the Auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location. 20.2 The Parties agree that these Conditions of Sale, any other related agreement(s), along with all claims between the Parties, including those arising out of or related to such are governed by the laws of the Commonwealth of Massachusetts, without regard for its conflict of laws principles. The Parties agree that any dispute between the Parties, including but not limited to those related to or arising out of these Conditions of Sale, or related to or arising out of any other related agreement(s) shall be submitted to confidential binding arbitration (the ”Arbitration”) before a single Arbitrator of the American Arbitration Association (the “AAA”) The Parties agree that the Arbitration shall be conducted pursuant to the commercial rules of the AAA in Boston, Massachusetts, unless the Consumer Arbitration Rules apply, in which case, such rules and venue will govern. In the event that the Parties cannot agree on the selection of the Arbitrator, then the Arbitrator shall be selected by the AAA. The prevailing Party in the Arbitration shall also recover all of its related fees and costs, whether before or after the formal institution of the Arbitration, including but not limited to its reasonable attorneys’ fees and costs, if RR Auction prevails, such recovery, in addition to all remedies available at agreement or law, shall include the Buyer’s Premium as defined in these Conditions of Sale. Federal arbitration law, including the Federal Arbitration Act apply to this agreement to arbitrate and its related provisions. The arbitration and all related proceedings shall be held strictly confidential and all documents and discovery shall be held confidential and not used, published or disclosed publically or to anyone outside the Parties or expert consultants or counsel who shall agree to hold such confidential.
20.3 The Parties consent to the Commonwealth of Massachusetts as exclusive jurisdiction and venue for all claims between the Parties except as provided specifically herein and may seek confirmation of the decision in the Arbitration pursuant to the Federal Arbitration Act in any Court of competent jurisdiction, including the courts of the Commonwealth of Massachusetts or the United States District Court for the District of Massachusetts. To the extent such is necessary under the law, RR Auction may enforce the Arbitration award against Bidder and any related Party in any court of competent jurisdiction. Nothing in this Agreement shall be construed as RR Auction consenting to jurisdiction or venue in any location outside of the Commonwealth of Massachusetts.
THE PARTIES MAY NOT BRING CLAIMS AGAINST EACH OTHER AS A CLASS OR CLASS MEMBER IN ANY CLAIMED CLASS, OR IN A REPRESENTATIVE ACTION UNLESS OTHERWISE AGREED. UNLESS OTHERWISE AGREED, THE CLAIMS AGAINST EACH OF THE OTHER CANNOT BE CONSOLIDATED OR JOINED WITH MORE THAN ONE ADDITIONAL PERSON OR ENTITIES’ CLAIMS. NO INJUNCTIVE OR DECLATORY RELIEF SOUGHT BY BIDDER IF ANY, CAN AFFECT OR BE ORDERED TO AFFECT ANY OTHER BIDDERS OR PERSONS.
20.4 Except as provided specifically in these Conditions of Sale in Bidder’s Remedies against RR Auction (along with its affiliates, directors, agents, officers, employees, and contractors) for any dispute, claim, cause of action related to or arising out of these Conditions of Sale or any other related agreement(s), brought by Bidder must be brought within the earlier of the Auction Date as it pertains to the item(s) at issue or no later than one (1) year of the acts, omissions or circumstances occurred giving rise to the alleged claim, without exception. This provision is intended as a full, complete and absolute bar to and release of any claims by Bidder initiated after one (1) year of such acts, omissions or circumstances. The Parties agree further that these waiver provisions are intended to be binding in the event of any dispute, specifically including but not limited to third party claims and cross-actions brought by Bidder. These provisions are consideration for the execution of these Conditions of Sale.
20.5 To the fullest extent under applicable law and except as specifically stated herein Bidder hereby holds harmless, releases and discharges RR Auction and its agents, officer’s directors, affiliates, successors, and assigns from any and all claims, liabilities, obligations, promises, agreements, damages, causes of action, suits, demands, losses, debts, and expenses of any nature whatsoever, known or unknown, suspected or unsuspected existing prior to these Conditions of Sale. Bidder agrees to the Conditions of Sale and upon each instance that Bidder participates in any auction, bids, or otherwise agrees to such terms and reaffirms this release as of the date of so participating or agreeing unless Bidder otherwise provides clear written notice to RR Auction prior to so bidding.
20.6 The Bidder hereby agrees that RR Auction 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 jurisdiction.
20.7 Liquidated Damages for Specific Breaches
In the event that Bidder provides false information in connection with registering for bidding, fails to correct or update information or breaches the Conditions of Sale by failing to pay the purchase price when due after becoming the winning bidder, as liquidated damages associated with such breaches, R&R may obtain from Bidder the greater of (1) 150% the reserve of the item (if any); (2) the amount bidder bid; or (3), the full amount that bidder would have otherwise paid. Bidder will also be liable for an additional 20% of such amount to account for additional administrative costs, shipping, additional advertising, and other damages and liabilities fees that are difficult to calculate on an item-by-item basis.
20.8 Indemnity. Bidder agrees to defend, indemnify, hold harmless RR Auction (along with its officers, directors, agents, contractors, and affiliates) from and against any and all claims, costs, fees, damages, and liabilities arising out of or related to these Conditions of Sale, view of items, or lots, bidding, or participation in any auction by RR Auction, and/or or in any way connected to any item you viewed, bid upon or purchased through RR Auction.
Section 21: State-by-State Law Issues
This Auction is being conducted in and the sale shall take place in the State of Massachusetts. Notwithstanding, the foregoing, should these terms and conditions violate the law of any State should that state’s law be found to govern, or any provision herein determined to be invalid, the clause itself and the remainder of the Agreement shall be valid to the fullest extent allowed. Also, to the extent other states law apply to any transaction arising out of the Agreement (without admitting such), RR Auction states:
For Residents of California:
SALE OF AUTOGRAPHED COLLECTIBLES: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY COLLECTIBLE DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN EXPRESS WARRANTY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY AUTOGRAPHED COLLECTIBLE SOLD BY THIS DEALER.
A written express warranty is provided with each autographed collectible, as required by law. This dealer may be surety bonded or otherwise insured to ensure the authenticity of any autographed collectible sold by this dealer.
Section 22
Glossary of Condition terms
Information provided to prospective Bidders with respect of any lot, including any pre-sale estimate, whether written or oral, and information in any catalogue, condition or other report, commentary or valuation, is not a representation of fact but rather a statement of opinion held by RR Auction.
Use of the following terms constitutes an opinion as follows:
VERY FINE describes an item believed to be in virtually flawless condition, and is used sparingly for items of exceptionally attractive appearance.FINE is the most common statement of condition, and applies to most items that we offer. It describes items that we believe to show expected handling wear, generally acceptable random flaws (such as light creases, small bends, etc.), and an overall appearance that is pleasing to the majority of collectors.VERY GOOD describes an item that we believe exhibits more moderate flaws (such as toning, light staining, professional reinforcements or repairs, etc.). Most collectors would be comfortable with items in very good condition, and this would be the expected condition for many formats (early presidential documents, for example).GOOD describes an item which we believe to have obvious visible flaws, including heavy wear, missing portions, or repairs that affect appearance; generally items in this condition are offered only if an item is otherwise believed to be exceedingly rare or important.Bidder may call and request further details and information about RR Auction’s opinions concerning any item via phone or email which shall provided in RR Auction’s discretion.
Certificate of Auction, Certificate of Authenticity and Goods Acquired:
Bidder warrants that Bidder (and its agents, assigns, successors, and affiliates) shall not purposely deface, destroy, dismember, cut-up into parts the item or Lot purchased at auction from RR Auction and in the event such shall occur whether purposefully or accidently, Bidder (and its agents, assigns, successors, and affiliates) shall refrain from advertising, promoting, or marketing the item as having been purchased from RR Auction and shall in no event display, expressly claim, or imply that the item was certified or auctioned in such state by RR Auction. As liquidated damages for such breach, Bidder agrees to be liable to RR Auction for the greater of the amount of three (3) times the hammer price of the item along with all other fees and costs as otherwise provided in this Terms of Sale.
Conditions of Sale
ANYONE EITHER REGISTERING TO BID OR PLACING A BID (“BIDDER”) ACCEPTS THESE CONDITIONS OF SALE AND ENTERS INTO A LEGALLY, BINDING, ENFORCEABLE AGREEMENT WITH R&R AUCTION COMPANY OF MASSACHUSETTS, LLC (“RR AUCTION”) TOGETHER WITH BIDDER, THE “PARTIES”). This Agreement contains important provisions that control rights and liabilities, and specifically has provisions governing how disputes are handled as well as LIMITATIONS OF LIABILITY that can be imposed upon RR Auction, WAIVER OF JURY and ARBITRATION PROVISIONS. This acknowledgement is a material term of these Conditions of Sale and of the consideration under which RR Auction agrees to these terms. PLEASE READ CAREFULLY.
The following terms and conditions (“Conditions of Sale”) constitute the sole terms and conditions under which RR Auction will offer for sale and sell the property on its website, and/or described in the catalog of items for auction (the “Catalog”). These Conditions of Sale constitute a binding agreement between the Parties with respect to the auction in which Bidder participates (the “Auction”). By bidding at the Auction, whether in person, through an agent or representative, by telephone, facsimile, online, absentee bid, or by any other form of bid or by any other means, Bidder acknowledges the thorough reading and understanding of all of these Conditions of Sale, all descriptions of items in the Catalog, and all matters incorporated herein by reference, and agrees to be fully bound thereby.
Section 1
The Parties1.1 RR Auction and AuctionThis Auction is presented by RR Auction, a d/b/a/ of R&R Auction Company of Massachusetts, LLC, as identified with the applicable licensing information on the title page of the Catalog or on the www.RRauction.com Internet site. The Auction is conducted under these Conditions of Sale. Announcements and corrections from the podium at live auctions and those made through the Conditions of Sale appearing on the Internet at RRauction.com supersede those in the printed Catalog.1.2 BidderBidder shall mean the original Bidder on the property offered for sale by RR Auction and not any subsequent owner or other person who may acquire or have acquired an interest therein. If Bidder is an agent, the agency must be disclosed in writing to RR Auction prior to the time of sale, otherwise the benefits of the warranty shall be limited to the agent and not transferable to the undisclosed principal.The rights granted to Bidder under these Conditions of Sale are personal and may not be assigned or transferred to any other person or entity, whether by operation of law or otherwise without the express written assent of RR Auction. Bidder may not transfer, assign, or otherwise convey these Conditions of Sale or any of the rights herein, and such purported transfer, assignment, or conveyance shall be null and void. No third party may rely on any benefit or right conferred on any Bidder by these Conditions of Sale, and no third party is intended as a beneficiary of these Conditions of Sale.Bids will not be accepted from minor persons under eighteen (18) years of age without a parent or legal guardian’s written consent containing an acknowledgment of the Conditions of Sale herein and indicating their agreement to be bound thereby on behalf of the Bidder.All Bidders must meet RR Auction’s qualifications to bid. Any Bidder who is not a client in good standing of RR Auction may be disqualified at RR Auction’s sole option and will not be awarded lots. Such determination may be made by RR Auction in its sole and unlimited discretion, at any time prior to, during, or even after the close of the Auction. RR Auction reserves the right to exclude any person from the Auction. If an entity places a bid, then the person executing the bid on behalf of the entity agrees to personally guarantee payment for any successful bid and agrees to be bound by these Conditions of Sale in addition to company for whom the Bidder is actingBy accepting the Conditions of Sale, Bidder personally and unconditionally guarantees payment.Section 2
Bidding Privileges
2.1 In order to place bids, Bidders who have not established an account with RR Auction must either furnish satisfactory credit information (including two collectibles-related business references) or supply additional information if requested, well in advance of the Auction. Bidders who are not members of RRAuction.com should pre-register before the close of the Auction to allow adequate time to contact references. Privileges will be granted at the sole discretion of RR Auction. Additionally, Bidders who have not previously established credit or who wish to bid in excess of their established credit history may be required to provide a cash deposit prior to RR Auction’s acceptance of a bid. Check writing privileges and immediate delivery of merchandise may also be determined by pre-approval of credit based on a combination of criteria: RRAuction.com history, related industry references, bank verification, a credit bureau report and/or a personal guarantee for a corporate or partnership entity in advance of the Auction venue.
2.2 Bidder providing any false or misleading information provided in connection with the registration shall be a material breach of the Conditions of Sale and in addition to any other remedies at law shall excuse RR Auction from performance under these Conditions of Sale, including the right to any refund.
2.2 Bidding privileges may be revoked without notice, for any reason, at the sole discretion of RR Auction .
Section 3
Buyer’s Premium
3.1 The Bidder acknowledges and agrees that a 25% buyer’s premium will be added to the hammer price on all individual lots sold in timed and live Auctions. For payment other than by cash, delivery will not be made unless and until full payment has been received by RR Auction, i.e., check or wired funds have fully cleared. Unless otherwise agreed in writing, signed by RR Auction, payment in full is due within thirteen (13) calendar days of the Auction or within twelve (12) calendar days of the invoice date, whichever is earlier. Bidder’s failure to pay any payment in full when due required shall constitute a material breach, and in addition to other damages available under contract or law, at RR Auction’s election, RR Auction may cancel the sale and require full premium still be due along with interest at 1.5% per month from the date of breach, or at the maximum legally allowable rate. Section 4
Bidding
4.1 Each Bidder’s determination of its bid should be based upon its own examination of the item(s) and independent investigation, rather than the any reliance as to what is represented in the Catalog, online or elsewhere. Bidder affirms that it regards any statements made by RR Auction concerning the item as solely opinion and that Bidder is making its own inspection and independent evaluation of the goods, and is not relying upon any description or statements by RR Auction (including as to quality, authenticity, provenance, ownership, liens existing, on goods legality, or value) in making its determination to bid on or purchase an item. In any purchase or sale, the value of the item(s) is determined by the price. THE BIDDER HEREBY ASSUMES ALL RISKS CONCERNING ANY AND ALL PURCHASES TO THE FULLEST EXTENT UNDER APPLICABLE LAW.4.2 RR AUCTION IS NOT RESPONSIBLE FOR ERRORS IN BIDDING. A Bidder should make certain to bid on the correct lot and that the bid is the maximum (plus the Buyer’s Premium) that the Bidder is willing and able to pay. Since other Bidders (by mail, facsimile, online, and in person) will be present, and since a re-offering could damage the momentum of the sale, once the hammer has fallen and RR Auction has announced the winning Bidder, such Bidder is unconditionally bound to pay for the lot, even if the Bidder has made a mistake.4.3 All prospective Bidders who examine lots in person prior to the sale shall personally assume all responsibility for any damage they cause in so doing. RR Auction shall have sole discretion in determining the value of the damage caused, which shall be promptly paid by the prospective Bidder.4.4 Title to any lot remains with Consignor, any secured party of the Consignor, or assignee of Consignor, as the case may be, until the lot is paid for in full by Bidder and Bidder has fully satisfied any outstanding financial obligations to RR Auction (including as it concerns aby other lots). RR Auction reserves the right to require payment in full before delivering any lot to the successful Bidder.
4.5 It is the Bidder’s responsibility and obligation to have the lots fully insured while in their possession. Bidder assumes any and all risk of loss upon the earlier of shipment to Bidder or in Bidder’s possession.4.6 Bidder grants to RR Auction or its assigns the right to offset any sums due, or found to be due by RR Auction, and to make such offset from any past, subsequent or future consignment, or items acquired by Bidder in possession or control of RR Auction or from any sums due to Bidder by RR Auction. Bidder further grants RR Auction a lien consisting of a senior security interest (or purchase money security interest to the extent applicable) in such sums or items to the fullest extent applicable, authorizes RR Auction to file documents concerning the interest, and Bidder agrees to execute any further documents as may be reasonably necessary to grant RR Auction such security interest. Bidder agrees that RR Auction and its assigns shall be a secured party with respect to items bought by Bidder and in the possession of RR Auction, to the extent of the maximum indebtedness, plus all accrued fees and expenses, until the indebtedness is paid. 4.7 By bidding in this sale, Bidder personally and unconditionally guarantees payment. The authorized representative of any corporate Bidder who is present at the sale shall provide RR Auction or its agent, prior to the commencement of the bidding (or at the time of registration), with a statement signed by a principal, director or officer that they he or she personally and unconditionally guarantees any payment due RR Auction.4.8 RR Auction may at its sole and absolute discretion, make loans or advances to Consignors and/or prospective Bidders. Section 5
Bidding Options
5.1 Non-Internet bids (including but not limited to in-person, facsimile, phone and mail bids) are treated similarly to floor bids in that they must be on-increment. Any in-person, facsimile, phone, or mail bids that do not conform to a full increment will be rounded up or down to the nearest full increment and this revised amount will be considered Bidder’s high bid.5.2 When identical bids are submitted, preference is given to the first received. To ensure the greatest accuracy, written bids should be entered on the standard printed bid sheet and be received at RR Auction’s place of business at least twenty-four (24) hours before the Auction start. RR Auction is not responsible for executing mail bids or facsimile bids received on or after the day the first lot is sold, nor Internet bids submitted after the published closing time; nor is RR Auction responsible for proper execution of bids submitted by telephone, mail, facsimile, e-mail, Internet, or in person once the Auction begins. 5.3 In all Auctions, bids on an item must raise the current high bid by at least 10%, or as specified on a per-Auction basis. Bids will be accepted in whole dollar amounts only. No “buy” or “unlimited” bids will be accepted. In a live sale, bids on an item can change at the discretion of RR Auction. 5.4 RR Auction reserves the right to accept or decline any bid. Bids must be for an entire lot and each lot constitutes a separate sale. All bids are per lot unless otherwise announced. Live auction lots will be sold in their numbered sequence unless RR Auction directs otherwise. It is unlawful and illegal for Bidders to collude, pool, or agree with another Bidder to pay less than the fair value for lot(s). For live auctions, RR Auction will have final discretion in the event that any dispute should arise between Bidders. RR Auction will determine the successful Bidder, cancel the sale, or re-offer and resell the lot or lots in dispute. RR Auction will have final discretion to resolve any disputes arising after the sale and in online auctions. If any dispute arises, RR Auction’s sale record is conclusive.Section 6
Payment
6.1 Subject to fulfillment of all of the Conditions of Sale set forth herein, upon the sooner of (1) the passing of title to the offered lot pursuant to these Conditions of Sale, or (2) possession of the offered lot by the Bidder, Bidder thereupon (a) assumes full risk and responsibility (including without limitation, liability for or damage to frames or glass covering prints, paintings, photos, or other works), and (b) will immediately pay the full purchase price or such part as RR Auction may require. In addition to other remedies available to RR Auction by law, RR Auction reserves the right to impose from the date of sale a late charge of 1.5% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. All property must be removed from RR Auction’s premises by the Bidder at his/her expense not later than sixty (60) business days following its sale and, if it is not so removed, RR Auction may send the purchased property to a public warehouse for the account, at the risk and expense of the Bidder.6.2 Payment is due upon closing of the Auction session, or upon presentment of an invoice. RR Auction reserves the right to void an invoice if payment in full is not received within thirteen (13) calendar days of the Auction or within twelve (12) calendar days of the invoice date. In cases of nonpayment, RR Auction’s election to void a sale does not relieve the Bidder from their obligation to pay RR Auction its fees (seller’s and Buyer’s Premium) on the lot and any other damages pertaining to the lot.6.3 All sales for total invoices greater than $2,500 are strictly for cash in United States dollars (including U.S. currency, bank wire, cashier checks, eChecks, and bank money orders), and are subject to all reporting requirements.6.4 All deliveries are subject to good funds; funds being received in RR Auction’s account before delivery of the Purchases; and all payments are subject to a clearing period. RR Auction reserves the right to determine if a check constitutes “good funds”: checks drawn on a U.S. bank are subject to a ten (10) calendar day hold, and ten (10) business days when drawn on an international bank. Clients with pre-arranged credit status may receive immediate credit for payments via e-Check, personal or corporate checks.6.5 In the event that a Bidder’s payment is dishonored upon presentment(s), Bidder shall pay the maximum statutory processing fee set by applicable state law. If Bidder attempts to pay via check and the financial institution denies the transfer from Bidder’s bank account, or the payment cannot be completed using the selected funding source, Bidder agrees to complete payment.6.7 If RR Auction refers any unpaid invoice to an attorney for collection, the Bidder agrees to pay and shall be liable for RR Auction’s attorney’s fees, court costs, and other collection costs incurred by RR Auction in addition to the invoice amount and interest the greater of 1.5% per month or at the maximum legally allowable rate from date of invoice to collection. If RR Auction assigns collection to its house counsel, such attorney’s time expended on the matter shall be compensated at a rate comparable to the hourly rate of independent attorneys.6.8 RR Auction shall have a lien against the merchandise purchased by the Bidder (as well as to the extent it is a consignor any other monies owed or due to Bidder) to secure payment of the Auction invoice. RR Auction is further granted a lien and the right to retain possession of any other property of the Bidder then held by RR Auction or its affiliates to secure payment of any Auction invoice or any other amounts due RR Auction or affiliates from the Bidder. With respect to these lien rights, RR Auction shall have all the rights of a secured creditor, including but not limited to the right of sale. In addition, with respect to payment of the Auction invoice(s), the Bidder waives any and all rights of offset he might otherwise have against RR Auction and the consignor of the merchandise included on the invoice (the Consignor”). If a Bidder owes RR Auction or its affiliates on any account, RR Auction and its affiliates shall have the right to offset such unpaid account by any credit balance due Bidder, and it may secure by possessory lien any unpaid amount by any of the Bidder’s property in their possession.
6.9 All checks, cashiers checks, bank checks, or money orders are payable to R&R Auction Company of Massachusetts, LLC. RR Auction clients with an invoice totaling $2,500 or under will have the option to pay by VISA, Mastercard, Discover or Paypal. All Paypal payments must be sent to [email protected].
Section 7
Sales Tax
RR Auction is a remote seller and we are now required to collect Sales/Use Tax from our bidders. The states that we have nexus in we will be required to collect and remit sales tax on your behalf. Each state has different requirements to meet nexus. When RR Auction has achieved a certain monetary and/or invoice threshold in each state we will apply sales tax to your total invoice. Please go to our terms on our website to see the states that are affected.
If we have not achieved nexus in a particular state it is still your responsibility to pay sales tax on your purchases.
The sales tax rate is determined by the State, Country, and City where purchases are shipped to. If you decide to pick up your purchases at our New Hampshire location you will not be required to pay sales tax. The State of New Hampshire does not have a general sales and use tax. All purchases picked up at our Massachusetts location will be taxed at the current rate of 6.25%.
Pennsylvania sales or use tax may be due in connection with the purchase and delivery of tangible personal property to Pennsylvania individuals and businesses. The purchaser is required to file a use tax return if tax is due in connection with the purchase and delivery in the Commonwealth. This notice is required pursuant to the provisions of the Tax Reform Code of 1971. 72 P.S. ¤ 7213.2.
If you have a resale number please email [email protected] or fax to (603) 732-4288 a copy of your state resale certificate and you will be exempt from paying sales tax.
Section 8Delivery; Shipping; and Handling Charges
Bidder is liable for shipping and handling and providing accurate information as to shipping or delivery locations and arranging for such. RR Auction is unable to combine purchases from other auctions or affiliates into one package for shipping purposes. Lots won will be shipped in a commercially reasonable time after payment in good funds for the merchandise and the shipping fees is received or credit extended, except when third-party shipment occurs. Bidder agrees that service and handling charges related to shipping items which are not pre-paid may be charged to a credit card on file with RR Auction.Successful international Bidders shall provide written shipping instructions, including specified Customs declarations, to RR Auction for any lots to be delivered outside of the United States. NOTE: Declaration value shall be the item’(s) hammer price and RR Auction shall use the correct harmonized code for the lot. Domestic Bidders on lots designated for third-party shipment must designate the common carrier, accept risk of loss, and prepay shipping costs.
Section 9
Title
Title shall not pass to the successful Bidder until all invoices of Bidder (including those pertaining to the item(s) at issue) and amounts owed to RR Auction are paid in full. It is the responsibility of the Bidder to provide adequate insurance coverage for the items once they have been delivered to a common carrier or third-party shipper.Section 10
Rights Reserved
RR Auction reserves the right, at any time before, during or after an auction has ended to: withdraw any lot before or at the time of the Auction, cancel any bid, and/or to postpone the Auction of all or any lots or parts thereof, for any reason. RR Auction shall not be liable to any Bidder in the event of such withdrawal, cancellation, or postponement under any circumstances. RR Auction reserves the right to refuse to accept bids from anyone at any time.
Section 11
Conducting the Auction
11.1 RR Auction reserves the right to postpone the Auction or any session thereof for a reasonable period of time for any reason whatsoever, and no Bidder or prospective Bidder shall have any claim as a result thereof, including consequential damages.
11.2 RR Auction’s Discretion: RR Auction shall determine opening bids and bidding increments. RR Auction has the right in its absolute discretion to reject any bid in the event of dispute between Bidders or if RR Auction has doubt as to the validity of any bid, to advance the bidding 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, RR Auctions record of final sale shall be conclusive. RR Auction also may reject any bid if RR Auction decides either that any bid is below the reserve of the lot or article or that an advance is insufficient. Unless otherwise announced by RR Auction at the time of sale, no lots may be divided for the purpose of sale. 11.3 Reserves
Lots may be subject to a reserve which is the confidential minimum price below which the lot will not be sold. Consignors may not bid on their own lots or property. RR Auction may, from time to time, bid on items that it does not own. RR Auction may execute bids consecutively or otherwise up to one bid increment below the reserve.
11.4 Off-Site Bidding
Bidding by telephone, facsimile, online, or absentee bidding (advance written bids submitted by mail) are offered solely as a convenience and permitted subject to advance arrangements, availability, and RR Auction’s approval which shall be exercised at RR Auction’s sole discretion. Neither RR Auction 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.
11.5 Estimate Prices:In addition to descriptive information, each item in the Catalog sometimes includes a price range which reflects opinion as to the price expected at auction (the “Estimate Prices”). In other instances, Estimate Prices can be obtained by calling RR Auction at (603) 732-4280. The Estimate Prices are based upon various factors including prices recently paid at auction for comparable property, condition, rarity, quality, history and provenance. Estimate Prices 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). 11.6 Owned or Guaranteed Property:RR Auction generally offers property consigned by others for sale at public auction; in very limited occasion, lots are offered that are the property of RR Auction.11.7 Before the Auction:Bidder may attend pre-sale viewing for all of RR Auction’s auctions at no charge. All property to be auctioned is usually on view for several days prior to the sale. Bidder is encouraged to examine lots thoroughly. Bidder may also request condition reports (see below). RR Auction’s staff are available at viewings and by appointment. 11.8 Maximum Bids In All Auctions:To maximize Bidder’s chance of winning, RR Auction strongly encourages the use of maximum bids. RR Auction will then bid for Bidder until the lot reaches Bidder’s specified maximum. Maximum bids are strictly confidential. Placing arbitrary, non-incremental bids on lots with prior maximum bids may result in these lots being sold for less than 10% above the under Bidder’s bid.11.9 Successful Bids:The fall of RR Auction’s hammer indicates the final bid. RR Auction will record the paddle number of the Bidder. If Bidder’s salesroom or absentee bid is successful, Bidder will be notified after the sale by mailed or emailed invoice.11.10 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. RR Auction has the right to sell certain unsold items after the close of the Auction. Such lots shall be considered sold during the Auction and all these Terms and Conditions shall apply to such sales including but not limited to the Buyer’s Premium, return rights, and disclaimers.11.11 Bidding in Timed Auction:Bidder may open, monitor, and/or raise bids at any time before the close of a lot through www.rrauction.com. RR Auction offers a callback service the day of the Auction, but Bidder is responsible for supplying a correct telephone number(s) where Bidder can be reached until the Auction closes. Bidder must request this service in writing. RR Auction will make reasonable efforts to ensure that Bidders who request a callback are contacted if outbid; however, RR Auction does not guarantee this service and it is merely a courtesy and not an enforceable right. The auctioneer may also execute a bid on behalf of the consignor to protect the reserve, either by entering a bid in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve.To ensure proper registration, those Bidders intending to bid via the Internet must visit www.RRauction.com and register accordingly at least one full day prior to the actual auction. Winning bidders will be notified by RR Auction. RR Auction is not 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.Any Bidder may bid on any lot prior to 6 pm EST/EDT. At that time, an extended bidding period goes into effect. If Bidder has not bid on a lot before 6 pm EST/EDT, Bidder may not bid on that lot after 6 pm EST/EDT. Only those Bidders who have placed bids on a lot before 6 pm EST/EDT will be allowed to bid on that lot after 6 pm EST/EDT. If Bidder is the only Bidder on a lot at 6 pm EST/EDT, that lot is awarded to Bidder. During the extended bidding period, a lot will remain open only to those who bid on that lot prior to 6 pm EST/EDT. All lots WITHOUT an opening bid at 6 pm EST/EDT will remain OPEN to ALL Bidders until 7 pm EST/EDT or until they receive their first bid. These lots will close immediately upon receipt of a bid or at 7 pm EST/EDT, whichever comes first. For all lots that are active after 7 pm EST/EDT, bidding will remain open until 30 minutes pass without a bid being placed on THAT lot (the “30 Minute Rule”). The 30 Minute Rule is applied on a PER LOT BASIS; each lot in the Auction closes individually based on bidding activity after 7 pm EST/EDT. On a PER LOT BASIS, the 30 minute timer will reset each time a bid is placed after 7 pm EST/EDT. If Bidder is the high Bidder, raising Bidder’s maximum bid will NOT reset the timer. RR Auction reserves the right to close the Auction at any time at its sole discretion.11.12 Bidding - Internet Live Auction:Bidder may open, monitor, and/or raise bids at any time before the close of a lot through www.rrauction.com. RR Auction offers a callback service the day of the Auction, but Bidder is responsible for supplying a correct telephone number(s) where Bidder can be reached until the Auction closes. Bidder must request this service in writing. RR Auction will make reasonable efforts to ensure that Bidders who request a callback are contacted if outbid; however, RR Auction does not guarantee this service and it is merely a courtesy and not an enforceable right.To ensure proper registration, those Bidders intending to bid via the Internet must visit www.RRauction.com and register accordingly at least one full day prior to the actual auction. Winning bidders will be notified by RR Auction. RR Auction is not 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.During live internet or live auction, property is auctioned in consecutive numerical order, as it appears in the catalog. The auctioneer will accept bids from those present in the salesroom or absentee bidders participating by telephone, internet or by written bid left with RR Auction in advance of the auction. The auctioneer may also execute a bid or bids (successively or otherwise) on behalf of the consignor to protect the reserve, either by entering a bid in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve. All auctions for lots are with reserve unless specifically stated otherwise.
During live Auctions, internet bids can be placed in real time through one or more of the following Third Party services: www.liveauctioneers.com, www.invaluable.com and www.icollector.com. RR Auction is not 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. RR Auction treats any third-party site bids as floor or telephone bids. Floor bids and telephone bids are always considered first over third party sites bids, and floor bids are considered earlier than telephone bids. All RR Auction lots purchased through the third-party sites carry an additional Buyer’s Premium. 11.13 Miscellaneous:Agreements between Bidders and Consignors to effectuate a non-sale of an item at Auction, inhibit bidding on a consigned item to enter into a private sale agreement for said item, or to utilize RR Auction’s Auction to obtain sales for non-selling consigned items subsequent to the Auction, are strictly prohibited. If a subsequent sale of a previously consigned item occurs in violation of this provision, RR Auction reserves the right to charge Bidder the applicable Buyer’s Premium and Consignor a Seller’s Commission as determined for each auction venue and by the terms of the seller’s agreement.Acceptance of these Terms and Conditions qualifies Bidder as a client who has consented to be contacted by RR Auction in the future. In conformity with ”do-not-call” regulations promulgated by the Federal or State regulatory agencies, participation by the Bidder is affirmative consent to being contacted at the phone number shown in his application and this consent shall remain in effect until it is revoked in writing. RR Auction may from time to time contact Bidder concerning sale, purchase, and auction opportunities available. 11.14 Rules of Construction: RR Auction presents properties in a number of collectible fields, and as such, specific venues have promulgated supplemental Terms and Conditions. Nothing herein shall be construed to waive the general Conditions of Sale by these additional rules and shall be construed to give force and effect to the rules in their entirety.Section 12
RR Auction’s Remedies
Failure of the Bidder to comply with any of these Conditions of Sale or the terms of the Registration Form is an event of material breach or default. In such event, RR Auction may, in addition to any other available remedies specifically including the right to hold the defaulting Bidder liable for the Purchase Price or to charge and collect from the defaulting Bidder’s credit or debit accounts as provided for elsewhere herein: (a) cancel the sale, retaining any payment made by the Bidder as damages (the Bidder understands and acknowledges that RR Auction will be substantially damaged should such default occur, and that damages under sub-part (a) are necessary to compensate RR Auction for such damages); (b) resell the property without reserve at public auction or privately; (c) charge the Bidder interest on the Purchase Price at the rate of one and one-half percent (1.5%) per month or the highest allowable interest rate; (d) take any other action that RR Auction, in its sole discretion, deems necessary or appropriate to preserve and protect RR Auction’s rights and remedies. Should RR Auction resell the property, the original defaulting Bidder shall be liable for the payment of any deficiency in the purchase price and all costs and expenses associated there with, including but not limited to warehousing, 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 Bidder is the successful Bidder on more than one lot and pays less than the purchase price for the total lots purchased, RR Auction shall apply the payment received to such lot or lots that RR Auction, in its sole discretion, deems appropriate. If RR Auction does not exercise 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 Bidder failing to comply with these Conditions of Sale shall be deemed to have granted RR Auction a security interest in, and RR Auction may retain as collateral such security for such Bidder’s obligations to RR Auction, any Bidder’s property in RR Auction’s possession or to which title has not yet passed to Bidder. RR Auction shall have the benefit of all rights of a secured party under the Uniform Commercial Code (U.C.C.) as adopted by the Commonwealth of Massachusetts.Section 13
Warranties
13.1 RR Auction does not provide any warranties to Bidders, whether expressed or implied, beyond those expressly provided in these Conditions of Sale. All property and lots are sold ”as is” and “where is”. By way of illustration rather than limitation, neither RR Auction 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 RR Auction nor the Consignor makes any representation or warranty, expressed or implied, as to whether the Bidder acquires rights in copyright, trademark, or other intellectual property (including exhibition or reproduction rights) related to the item, or whether the property is subject to any limitations or other rights. RR Auction does not make any representation or warranty as to title. 13.2 All descriptions, photographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder, see also Terminology), 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 RR Auction to fairly represent the lots and property offered for sale as to origin, date, condition, and other information 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. 13.3 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 RR Auction urges Bidders to avail themselves accordingly. 13.4 All lots sold by RR Auction are accompanied by an Auction Certificate (“AC”). On any lot presented with an AC issued by RR Auction, the certification is only as to its attribution to the person or entity described or to the lot’s usage and only as explicitly stated therein (the “AC”), to the exclusion of any other warranties, express or implied, including but not limited to those pursuant to the Uniform Commercial Code. The AC inures only to the original Bidder (as shown in RR Auction’s records). Bidder may not transfer, assign, or otherwise convey the AC and such purported transfer, assignment, or conveyance shall be null and void.
Section 14
Firearms
RR Auction complies with all Federal and State rules and regulations relating to the purchasing, registration and shipping of firearms. A Bidder is required to provide appropriate documents and the payment of associated fees, if any. Bidder is responsible for providing a shipping address that is suitable for the receipt of a firearm. Section 15Unauthorized Statements
Under no circumstances is any employee, agent or representative of RR Auction authorized by RR Auction to modify, amend, waive or contradict any of these Conditions of Sale, any term or condition set forth on a 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 payment 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 RR Auction 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 RR Auction to Bidder, including statements regarding specific lots, even if such employee, agent or representative represents that such statement is authorized, unless reduced to a writing signed Bidder and by an authorized officer of RR Auction by all parties, are statements of personal opinion only and are not binding on RR Auction, and under no circumstances shall be relied upon by Bidder as a statement, representation or warranty of RR Auction. Section 16Bidder’s Remedies
16.1 Except as stated expressly herein, Bidder’s sole and exclusive remedy related to or pertaining to items it bids upon, views, or purchases from RR Auction, and any claims by Bidder related to authenticity, ownership, condition, title or value, shall be against Consignor only.
16.2 This section sets forth the sole and exclusive remedies of Bidder as against RR Auction (inclusive of its affiliates, officers, managers, employees or agents), or in any way arising out of, related to, or in connection with these Conditions of Sale, , and is expressly in lieu of any other rights or remedies which might be available to Bidder by law. Time is of the essence with respect to these procedures.
16.3 Title to Items
The Bidder hereby accepts the benefit of the Consignor’s warranty of title and any other representations and warranties made by the Consignor for the Bidder’s benefit. In the event that Bidder demonstrates in writing, satisfactory to the sole discretion of RR Auction, that there was a breach of the Consignor’s warranty of title concerning a lot purchased by Bidder, RR Auction may make demand upon the Consignor to pay to Bidder the Purchase Price (including any premiums, taxes, or other amounts paid or due to RR Auction). Should the Consignor not pay the Purchase Price to Bidder within thirty days after such demand (if any made), RR Auction may disclose the identity of the Consignor to Bidder and may assign to Bidder all or some of RR Auction’s rights against the Consignor with respect to such lot or property. Upon such disclosure and/or assignment, all responsibility and liability of RR Auction, if any, with respect to said lot or item shall automatically terminate related to or arising from these Conditions of Sale or such transaction operating as a complete waiver and general release by Bidder as to RR Auction and its agents, contractors, and affiliates, as to any and all claims concerning or related to the item, if any . RR Auction shall be entitled to retain the premiums and other amounts paid to RR Auction by Consignor only. The rights and remedies provided herein are for the original Bidder only and they may not be assigned or relied upon by any transferee or assignee under any circumstances.
16.4 Authenticity Challenge Process
(1) If Bidder wishes to dispute or challenge the Authenticity of the lot or item (including asserting that it is incorrect), Bidder must adhere to the following procedure: Within 30 days of the Auction Date, Bidder must present written evidence to RR Auction, that the lot is not authentic as determined by a known expert in the field (and one recognized by RR Auction within its discretion) and send the physical item or lot at issue to RR Auction along with all evidence relied upon by Bidder for contesting the Authenticity. (“Authenticity Challenge Process”) “Authenticity” shall mean a gross discrepancy in the between the description, genuiness, or attribution of the item as represented by RR Auction in the Catalog or at the auction, and the item. If RR Auction concurs that the lot is not Authentic as was represented (it is sole discretion), Bidder’s sole and exclusive remedy as against RR Auction (inclusive of its affiliates, agents, employees, and contractors) shall be a refund of the purchase price of the subject item paid by Bidder, with no other costs, liabilities or amounts recoverable by Bidder. If RR Auction does not agree with the assertion by Bidder, then the Parties shall follow the dispute resolution procedures of these Conditions of Sale. Strict adherence to the Authenticity Challenge Process is a condition of standing for Bidder to initiate suit or claim. (2) So long as Bidder has complied with the Authenticity Challenge Process, any claim, suit or action, by Bidder concerning an AC or Certification of Authenticity, or related to the authenticity of the item must, without any exception, be brought within one (1) year of Auction Date and is subject to the other limitations and conditions stated in the Conditions of Sale.
16.5 Other Issues. Any dispute or claim by Bidder against RR Auction (or its affiliates, directors, employees, officers, agents, or contractors)) other than Authenticity, concerning any item or lot bid upon, or purchased, including value, title, condition, bidding process, or description must be asserted (if at all) in the following manner:
(1) If the description of any lot in the Catalog is materially or grossly incorrect (e.g., gross cataloging error), or there is any other gross material issue pertaining to the item or lot, the item or lot may be returned if returned within five (5) calendar days of receipt, and received by RR Auction no later than twenty-one (21) calendar days after the Auction Date with explanation in writing.. If there is any discrepancy between the description in the Catalog and a certificate of auction, then the description in the certificate of auction (“Lot Challenge Process”). This paragraph shall constitute Bidder’s sole right with respect to the return of items, and no refunds shall be given for any items not returned to and received by RR Auction within the period of time stated herein or not materially or grossly in deviation from the description. Such a refund is subject to RR Auction’s sole discretionary review, and any request for refund must be made concurrently with returning the physical item or lot to RR Auction. Any item not returned within said frame will constitute acceptance of the item and a waiver and release of any and all claims by Bidder pertaining to the item other than with respect to authenticity; and
(2) Provided that the Bidder has engaged in the Lot Challenge Process, any claim concerning such must be brought no later than one (1) year of the Auction Date for the item or lot at issue and is subject to the other limitations and conditions stated in the Conditions of Sale.
NO RETURN OR REFUND OF ANY AUCTION LOT WILL BE CONSIDERED OR PROVIDED EXCEPT AS PROVIDED IN THESE CONDITIONS OF SALE AND BIDDERS OR AS MAY BE REQUIRED BY LAW. FAILURE TO COMPLY WITH SUCH SHALL BE A COMPLETE DEFENSE TO ANY CLAIMS BY BIDDER RELATED TO THE CONDITIONS OF SALE, ANY AUCTION OR BID.
16.6 LIMITATION OF LIABILITY. For any and all claims by Bidder arising out of or related to this Agreement, Bidder’s viewing, bid, or purchase of items, or any agreement between the Parties, or otherwise, Bidder agrees that to the fullest extent such can be limited under the law, Bidder shall have no right to recover and hereby waives any and all rights to recover from against RR Auction or its affiliates, directors, employees, officers, agents, or contractors, consequential or indirect damages, lost profits damages, punitive, exemplary, statutory (or multiplier damages), physical or emotional distress damages, general or special damages of any kind (beyond amounts actually paid by Bidder for item(s) at issue), and in the event of recovery of any damages whatsoever, such shall be limited by the amounts actually paid by Bidder to RR Auction for the item(s) at issue in such claim, or if no money was paid to RR Auction by Bidder for items at issue, or there items are at issue, the amount of $150.00.
Section 17
RR Auction’s Additional Services
For Bidders who do not remove purchased property from RR Auction’s premises, RR Auction, in its sole discretion and solely as a service and accommodation to Bidders, may arrange to have purchased lots packed, insured and forwarded at the sole request, expense, and risk of Bidder. RR Auction assumes no and disclaims all responsibility and liability for acts or omissions in such packing or shipping by RR Auction or other packers and carriers, whether or not recommended by RR Auction. RR Auction assumes no and disclaims all responsibility and liability for damage to frames, glass or other breakable items. Where RR Auction arranges and bills for such services via invoice, RR Auction will include an administration charge.
Section 18
Headings
Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer.
Section 19
Entire Agreement
Except to the extent Bidder is also a consignor (in which case the terms of the consignment agreement shall also govern), these Conditions of Sale constitute the entire agreement between the Parties together with the terms and conditions contained in the auction Registration Form. They may not be amended, modified or superseded except in a signed writing executed by all parties. No oral or written statement by anyone employed by RR Auction or acting as agent or representative of RR Auction may amend, modify, waive or supersede the terms herein unless such amendment, waiver or modification is contained in a writing signed by all parties.If any section of these Conditions of Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court or arbitrator of competent jurisdiction, the remaining parts of the agreement and remainder of the sections or terms and provisions of the section and all sections shall continue in full force and effect without being impaired or invalidated in any way.
Section 20
Governing Law and Enforcement
20.1 The Parties agree that all agreements between the Parties including but not limited to these Conditions of Sale are entered into in Boston, Massachusetts, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the Auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location. 20.2 The Parties agree that these Conditions of Sale, any other related agreement(s), along with all claims between the Parties, including those arising out of or related to such are governed by the laws of the Commonwealth of Massachusetts, without regard for its conflict of laws principles. The Parties agree that any dispute between the Parties, including but not limited to those related to or arising out of these Conditions of Sale, or related to or arising out of any other related agreement(s) shall be submitted to confidential binding arbitration (the ”Arbitration”) before a single Arbitrator of the American Arbitration Association (the “AAA”) The Parties agree that the Arbitration shall be conducted pursuant to the commercial rules of the AAA in Boston, Massachusetts, unless the Consumer Arbitration Rules apply, in which case, such rules and venue will govern. In the event that the Parties cannot agree on the selection of the Arbitrator, then the Arbitrator shall be selected by the AAA. The prevailing Party in the Arbitration shall also recover all of its related fees and costs, whether before or after the formal institution of the Arbitration, including but not limited to its reasonable attorneys’ fees and costs, if RR Auction prevails, such recovery, in addition to all remedies available at agreement or law, shall include the Buyer’s Premium as defined in these Conditions of Sale. Federal arbitration law, including the Federal Arbitration Act apply to this agreement to arbitrate and its related provisions. The arbitration and all related proceedings shall be held strictly confidential and all documents and discovery shall be held confidential and not used, published or disclosed publically or to anyone outside the Parties or expert consultants or counsel who shall agree to hold such confidential.
20.3 The Parties consent to the Commonwealth of Massachusetts as exclusive jurisdiction and venue for all claims between the Parties except as provided specifically herein and may seek confirmation of the decision in the Arbitration pursuant to the Federal Arbitration Act in any Court of competent jurisdiction, including the courts of the Commonwealth of Massachusetts or the United States District Court for the District of Massachusetts. To the extent such is necessary under the law, RR Auction may enforce the Arbitration award against Bidder and any related Party in any court of competent jurisdiction. Nothing in this Agreement shall be construed as RR Auction consenting to jurisdiction or venue in any location outside of the Commonwealth of Massachusetts.
THE PARTIES MAY NOT BRING CLAIMS AGAINST EACH OTHER AS A CLASS OR CLASS MEMBER IN ANY CLAIMED CLASS, OR IN A REPRESENTATIVE ACTION UNLESS OTHERWISE AGREED. UNLESS OTHERWISE AGREED, THE CLAIMS AGAINST EACH OF THE OTHER CANNOT BE CONSOLIDATED OR JOINED WITH MORE THAN ONE ADDITIONAL PERSON OR ENTITIES’ CLAIMS. NO INJUNCTIVE OR DECLATORY RELIEF SOUGHT BY BIDDER IF ANY, CAN AFFECT OR BE ORDERED TO AFFECT ANY OTHER BIDDERS OR PERSONS.
20.4 Except as provided specifically in these Conditions of Sale in Bidder’s Remedies against RR Auction (along with its affiliates, directors, agents, officers, employees, and contractors) for any dispute, claim, cause of action related to or arising out of these Conditions of Sale or any other related agreement(s), brought by Bidder must be brought within the earlier of the Auction Date as it pertains to the item(s) at issue or no later than one (1) year of the acts, omissions or circumstances occurred giving rise to the alleged claim, without exception. This provision is intended as a full, complete and absolute bar to and release of any claims by Bidder initiated after one (1) year of such acts, omissions or circumstances. The Parties agree further that these waiver provisions are intended to be binding in the event of any dispute, specifically including but not limited to third party claims and cross-actions brought by Bidder. These provisions are consideration for the execution of these Conditions of Sale.
20.5 To the fullest extent under applicable law and except as specifically stated herein Bidder hereby holds harmless, releases and discharges RR Auction and its agents, officer’s directors, affiliates, successors, and assigns from any and all claims, liabilities, obligations, promises, agreements, damages, causes of action, suits, demands, losses, debts, and expenses of any nature whatsoever, known or unknown, suspected or unsuspected existing prior to these Conditions of Sale. Bidder agrees to the Conditions of Sale and upon each instance that Bidder participates in any auction, bids, or otherwise agrees to such terms and reaffirms this release as of the date of so participating or agreeing unless Bidder otherwise provides clear written notice to RR Auction prior to so bidding.
20.6 The Bidder hereby agrees that RR Auction 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 jurisdiction.
20.7 Liquidated Damages for Specific Breaches
In the event that Bidder provides false information in connection with registering for bidding, fails to correct or update information or breaches the Conditions of Sale by failing to pay the purchase price when due after becoming the winning bidder, as liquidated damages associated with such breaches, R&R may obtain from Bidder the greater of (1) 150% the reserve of the item (if any); (2) the amount bidder bid; or (3), the full amount that bidder would have otherwise paid. Bidder will also be liable for an additional 20% of such amount to account for additional administrative costs, shipping, additional advertising, and other damages and liabilities fees that are difficult to calculate on an item-by-item basis.
20.8 Indemnity. Bidder agrees to defend, indemnify, hold harmless RR Auction (along with its officers, directors, agents, contractors, and affiliates) from and against any and all claims, costs, fees, damages, and liabilities arising out of or related to these Conditions of Sale, view of items, or lots, bidding, or participation in any auction by RR Auction, and/or or in any way connected to any item you viewed, bid upon or purchased through RR Auction.
Section 21: State-by-State Law Issues
This Auction is being conducted in and the sale shall take place in the State of Massachusetts. Notwithstanding, the foregoing, should these terms and conditions violate the law of any State should that state’s law be found to govern, or any provision herein determined to be invalid, the clause itself and the remainder of the Agreement shall be valid to the fullest extent allowed. Also, to the extent other states law apply to any transaction arising out of the Agreement (without admitting such), RR Auction states:
For Residents of California:
SALE OF AUTOGRAPHED COLLECTIBLES: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY COLLECTIBLE DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN EXPRESS WARRANTY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY AUTOGRAPHED COLLECTIBLE SOLD BY THIS DEALER.
A written express warranty is provided with each autographed collectible, as required by law. This dealer may be surety bonded or otherwise insured to ensure the authenticity of any autographed collectible sold by this dealer.
Section 22
Glossary of Condition terms
Information provided to prospective Bidders with respect of any lot, including any pre-sale estimate, whether written or oral, and information in any catalogue, condition or other report, commentary or valuation, is not a representation of fact but rather a statement of opinion held by RR Auction.
Use of the following terms constitutes an opinion as follows:
VERY FINE describes an item believed to be in virtually flawless condition, and is used sparingly for items of exceptionally attractive appearance.FINE is the most common statement of condition, and applies to most items that we offer. It describes items that we believe to show expected handling wear, generally acceptable random flaws (such as light creases, small bends, etc.), and an overall appearance that is pleasing to the majority of collectors.VERY GOOD describes an item that we believe exhibits more moderate flaws (such as toning, light staining, professional reinforcements or repairs, etc.). Most collectors would be comfortable with items in very good condition, and this would be the expected condition for many formats (early presidential documents, for example).GOOD describes an item which we believe to have obvious visible flaws, including heavy wear, missing portions, or repairs that affect appearance; generally items in this condition are offered only if an item is otherwise believed to be exceedingly rare or important.Bidder may call and request further details and information about RR Auction’s opinions concerning any item via phone or email which shall provided in RR Auction’s discretion.
Certificate of Auction, Certificate of Authenticity and Goods Acquired:
Bidder warrants that Bidder (and its agents, assigns, successors, and affiliates) shall not purposely deface, destroy, dismember, cut-up into parts the item or Lot purchased at auction from RR Auction and in the event such shall occur whether purposefully or accidently, Bidder (and its agents, assigns, successors, and affiliates) shall refrain from advertising, promoting, or marketing the item as having been purchased from RR Auction and shall in no event display, expressly claim, or imply that the item was certified or auctioned in such state by RR Auction. As liquidated damages for such breach, Bidder agrees to be liable to RR Auction for the greater of the amount of three (3) times the hammer price of the item along with all other fees and costs as otherwise provided in this Terms of Sale.
RR Auction's special June sale focuses on art, literature, and classical music, and boasts a wealth of extraordinary autograph material. Musical gems include a handwritten church cantata by Johann Sebastian Bach, a musical sketch by Ludwig van Beethoven, and rare autographs of Franz Joseph Haydn, Giuseppe Verdi, Gaetano Donizetti, and Gioachino Rossini. Among the literary treasures are a remarkable, intimate archive of signed books and correspondence from John Steinbeck to his typist; books signed by Charles Dickens, James Joyce, F. Scott Fitzgerald, and Mark Twain; and important letters by Herman Melville, Victor Hugo, J. D. Salinger, and Lord of the Rings author J. R. R. Tolkien. Artists featured in the sale are Charles Schulz, Paul Gauguin, Alexander Calder, and Pablo Picasso.
RR Auction's special June sale focuses on art, literature, and classical music, and boasts a wealth of extraordinary autograph material. Musical gems include a handwritten church cantata by Johann Sebastian Bach, a musical sketch by Ludwig van Beethoven, and rare autographs of Franz Joseph Haydn, Giuseppe Verdi, Gaetano Donizetti, and Gioachino Rossini. Among the literary treasures are a remarkable, intimate archive of signed books and correspondence from John Steinbeck to his typist; books signed by Charles Dickens, James Joyce, F. Scott Fitzgerald, and Mark Twain; and important letters by Herman Melville, Victor Hugo, J. D. Salinger, and Lord of the Rings author J. R. R. Tolkien. Artists featured in the sale are Charles Schulz, Paul Gauguin, Alexander Calder, and Pablo Picasso.
Exhibition of lots
