Gallery Liquidation Sale 7: 1900 - 1960

All sales are final. All payment due within seven days of auction close. The Conditions of Sale in this catalogue, as it may be amended by any posted notice during the sale, constitutes the complete terms and conditions under which the items listed in this catalogue will be offered for sale. Every potential buyer should read these Conditions of Sale and it will be agreed, acknowledged and understood by such buyer that said buyer has consented to each and every term and condition as set forth herein. 1. Authenticity and Terms of Guarantee. For a period of five years from the date of this sale Century Guild warrants the authenticity of authorship of all lots contained in this catalogue as described in the text accompanying each lot. This warranty and guarantee is made only within the five year period and only to the original buyer of record who returns the purchased lot in the same condition as when sold to said buyer; and, it is established beyond doubt that the identification of authorship, as set forth in the description in this catalogue as may have been amended by any posted signs or oral declarations during the sale, is not correct based on a reasonable reading of the catalogue and the Conditions of Sale herein. Any dispute arising under the terms in this paragraph will be resolved pursuant to final and binding arbitration at the American Arbitration Association. Upon a finding by an Arbitrator in favor of buyer, the sale will be rescinded and the original purchase price, including the buyers premium, will be refunded. In such case, Poster Auctions International and the purchaser shall be deemed released of any and all claims that each may otherwise have had against the other arising out of the sale of such item. The benefits of any warranty granted herein are personal to the buyer and are not assignable or transferable to any other person, whether by operation of law or otherwise. Any assignment or transfer of any such warranty shall be void and unenforceable. The purchaser refers only to the original buyer of the lot from Century Guild and not any subsequent owner, assignee, or other person who may have or acquire an interest therein. It is understood, in the event of disputed authenticity of authorship of any lot results in a rescission of the sale and restitution of the original price and premium paid by such purchaser, stated aforesaid, such restitution is buyer's sole remedy and Century Guild disclaims all liability for any damages, incidental, consequential or otherwise, arising out of or in connection with any sale to the buyer. Century Guild has provided as much background information for each item listed in this catalogue as possible and has made reasonable efforts to insure the accuracy of the descriptions provided; but Century Guild disclaims any warranty with regard to such descriptions and statements which accompany the listings in this catalogue, including but not limited to, the year of publication, the size, the condition, the printer, the references or any other background information or fact. Accordingly, buyer has due notice that any such information and/or descriptions cannot and will not be considered as material facts to this transaction and will not affect any sales herein. On the fall of the gavel, THE SALE IS FINAL. All items are sold AS IS. The consignor warrants good title to the buyer. Century Guild and the consignor make no representations or warranty that the buyer acquires any reproduction rights or copyright in items bought at this sale. Any statements made by Century Guild, whether in this catalogue or by its officers, agents or employees, whether oral or written, are statements of opinion only and not warranties or representations of material facts as to each and every transaction herein. Upon the fall of the auctioneer's hammer, title to the offered lot shall pass to the highest bidder, who may be required to sign a confirmation of purchase; and, shall be required to pay the full purchase price. The purchaser shall assume full risk and responsibility for the lot purchased upon the fall of the auctioneer's hammer. Century Guild, at its option, may withhold delivery of the lots until funds represented by check have been collected or the authenticity of bank or cashier checks has been determined. No purchase shall be claimed or removed until the conclusion of the sale. In the event Century Guild shall, for any reason whatsoever, be unable to deliver the lots purchased by the buyer, its liability shall be solely limited to the rescission of the sale and refund of the purchase price end purchaser's premium. Century Guild disclaims all liability for damages, incidental, consequential or otherwise, arising out of its failure to deliver any lots purchased. All items are sold strictly as is and the purchaser assumes full risk and responsibility for the purchased lot upon the fall of the hammer, as stated aforesaid. All lots shall be paid for and removed at the purchaser's risk and expense by noon of the seventh business day following the sale. Lots not so removed will, at the sole option of Century Guild and at purchaser's risk and expense, be stored at Century Guild's office or warehouse or delivered to a licensed warehouse for storage. Purchaser agrees, in either event, to pay all shipping, handling and storage fees incurred. In the case of lots stored at Century Guild's own warehouse, the handling and storage fee will be an amount equal to 2% of the purchase price for each such lot, per month, until removed, with a minimum charge of 5% for any property not removed within thirty days from the date of the sale. In addition, Century Guild shall impose a late charge, calculated at the rate of 2% of the total purchase price per month, if payment has not been made in accordance with these Conditions of Sale. Poster Auctions International may, on the day following the sale, remove all unclaimed items in their offices or warehouse. Unless purchaser notifies Century Guild to the contrary, purchaser agrees that Century Guild may, at its discretion, use purchaser's name as buyer of the item sold. If the purchaser fails to comply with one or more of these Conditions of Sale, then, in addition to any and all other remedies which it may have at law or in equity, Century Guild may, at its sole option, cancel the sale without notice to the buyer. In such event, Century Guild shall retain as liquidated damages all payments made by the purchaser, or sell the item and/or lots and all other property of the purchaser held by Century Guild, without notice. Such liquidation sale shall be at standard commission rates, without any reserve. The proceeds of such sale or sales shall be applied first to the satisfaction of any damages occasioned by the purchaser's breach, and then to the payment of any other indebtedness owing to Century Guild, including without limitation, commissions, handling charges, the expenses of both sales, reasonable attorneys fees, collection agency fees, and any other costs or expenses incurred there-under. The purchaser here by waives all the requirements of notice, advertisement and disposition of proceeds required by law as set forth in the state of California. A premium of 3% will be added to the successful bid price of all items sold by Century Guild. This premium shall be paid by all purchasers, without exception. Unless exempt by law, prior to taking possession of the lot, the purchaser shall be required to pay the combined California and local sales tax, or any applicable compensating tax of another state, on the total purchase price. Packing and/or handling of purchased lots by Century Guild is performed solely as a courtesy for the convenience of purchasers. Unless otherwise directed by purchaser, packing and handling shall be undertaken at the sole discretion of Century Guild. Century Guild, at its sole discretion as agent of the purchaser, shall instruct an outside contractor to act on its behalf and arrange for or otherwise transport purchased lots. Charges for packing, handling, insurance and freight are payable by the purchaser. Century Guild shall make reasonable efforts to handle purchases with care, but assumes no responsibility for damage of any kind. Century Guild disclaims all liability for loss, or damages of any kind, arising out of or in connection with the packing, handling or transportation of any lots/items purchased. All lots are subject to a reserve, which is the confidential minimum below which the lot will not be sold. Century Guild may implement the reserve by bidding on behalf of the consignor. The consignor shall not bid on consignor?s property. All communications and notices hereunder shall be in writing and shall be deemed to have been duly given if delivered personally to an officer of Century Guild or if sent by United States registered mail or certified, postage prepaid, addressed as follows: From: Century Guild To: (Seller) From: (Seller) To: Century Guild 10736 Jefferson Blvd #268 Culver City CA 90230 or to such other address as either party hereto may have designated to the other by written notice. These Conditions of Sale contain the entire understandings between the parties and may not be changed in any way except in writing duly executed by Century Guild and buyer. These Conditions of Sale shall be construed and enforced in accordance with the laws of the State of California. No waiver shall be deemed to be made by any party hereto of any rights hereunder, unless the same shall be in writing and each waiver, if any, shall be a waiver only with respect to the specific instance involved and shall in no way impair the rights of the waiving party or the obligations of the other party in any other respect at any other time. The provisions of these Conditions of Sale shall be binding upon and inure to the benefit of the respective heirs, legatees, personal representatives and successors and assigns of the parties hereto. The Conditions of Sale are not assignable by either party without written permission of the other party; any attempt to assign any rights, duties or obligations which arise under these Conditions without such permission will be void. Pre-Sale Estimates are guides for prospective bidders and should not be relied upon as representations or predictions of actual selling prices. They are simply our best judgment of the fair market value of that particular poster in that condition on the date it was written.