Delaney Bramlett BMI Award
1. Auction Basics. This is a public auction sale ("Auction Sale") conducted by licensed and bonded Auctioneers, Odyssey Auctions (hereinafter referred to as "Auctioneer" and at times as "Odyssey"). Bidding in this Auction Sale constitutes acceptance by you ("Bidder") of all the Terms and Conditions of Auction Sale stated herein. Bidders may include consignors who may bid and purchase lot(s) in the Auction Sale consigned by the consignor or by other consignors pursuant to their consignment agreement with Odyssey ("Consignor" or "Consignors"). A Consignor that bids on their own lots in the Auction Sale may pay a different fee than the buyer's premium charged to all other buyers. Odyssey reserves the right to include in any auction sale its own material as well as material from affiliated or related companies, principals, officers or employees. Odyssey may have direct or indirect interests in any of the lots in the auction and may collect commissions. THE TWO PRECEEDING SENTENCES SHALL BE DEEMED A PART OF THE DESCRIPTION OF ALL LOTS CONTAINED IN THE CATALOGUE. Pursuant to a separate agreement with Odyssey, Consignors or their agents may be permitted to bid on their own lots in the sale and may receive a rebate commission in whole or part if successful. Where the Consignor has re-purchased a lot and the lot is either returned to the Consignor or otherwise dealt with or disposed of in accordance with the Consignor's direction, or pursuant to contractual agreement, Odyssey reserves the right to so note in the prices realized or to omit a price from the price realized. Odyssey may bid for its own account at any auction. Odyssey may have information about any lot that is not known publicly, and Odyssey reserves the right to use such information, in a manner determined solely by Odyssey and for the benefit of Odyssey, without disclosing such information in the catalog, catalog description or at the auction. Bidder acknowledges and agrees that Odyssey may not be required to pay a Buyer's Commission, or other charges that o access to information concerning the lot(s) that is not otherwise available to the public. Any claimed conflict of interest or claimed competitive advantage resulting therefrom is expressly waived by all participants in the Auction Sale. Lot(s) may carry a Reserve. A Reserve is a confidential price or bid below which the Auctioneer will not sell an item or will re-purchase on behalf of the Consignor or for Odyssey.
2. Descriptions and Grading. Bidder acknowledges as follows: Grading and authentication is an art and not a science. The grade or condition and estimated value herein represents the opinion of Odyssey or its Consignor(s). It is possible that two people will not always grade or evaluate the same item alike. Also, as market conditions changes, grading and evaluation standards change, and will most likely continue to do so in the future. Each Bidder's own examination of the item(s) is the criterion and not the grade or condition represented by another. Every effort is made by Odyssey to determine provenance and authenticity. It is the Bidder's responsibility to arrive at a final conclusion prior to bidding. In any purchase or sale, the value of the item(s) is determined by the price. THE BIDDER HEREBY ASSUMES ALL RISKS OF VALUE CONCERNING ANY AND ALL PURCHASES. All photographs in this catalogue are of the actual items being sold but may not be the actual size or to scale.
3. The Bidding Process. The Auctioneer may open or accept the bidding on any lot by placing a bid on behalf of the Consignor or his or her agent, a Bidder my mail, telephone, internet or telefax; or any other participant in the Auction Sale. The Auctioneer may accept or decline any bid, challenge to any bid or bidding increment, as the Auctioneer in their sole discretion shall determine. Bids must be for an entire lot and each lot constitutes a separate sale. No lot will be broken up unless otherwise permitted by the Auctioneer. Lots will be sold in their numbered sequence unless Auctioneer 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). Bidders in the Auction Sale acknowledge that the law provides for substantial penalties in the form of treble damages and attorneys' fees and costs for those who violate these provisions. All material shall be sold in separate lots to the highest Bidder as determined by the Auctioneer. If any dispute arises, Auctioneer shall have the right to rescind the acceptance of the bid and place the lot(s) for Auction Sale again. Auctioneer's decision shall be final. For the Mail and Internet Bidder's protection, no "unlimited" or "buy" bids will be accepted. When identical bids are received for a lot, preference is given to the first bid received as determined by the Auctioneer. A mail bid will take precedence over an identical floor bid; a Floor Bidder and Telephone Bidder must bid higher than the highest mail bid to be awarded any lot. Auctioneer reserves the right to refuse any bid, to reduce any mail bid received, to open the bidding of a lot at any level deemed appropriate by the Auctioneer and to determine the prevailing bid, at his sole discretion. THIS IS NOT AN APPROVAL SALE. Bidders who physically attend the Auction sale, either personally or through an agent ("Floor Bidders") should carefully examine all lots which they are interested in purchasing. Bidders who bid by telephone, either personally or through an agent, receive a similar benefit as Floor Bidders in being able to actively participate in the live Auction Sale ("Telephone Bidders"). Therefore, except as otherwise provided in these Terms and Conditions of Auction Sale, NO LOT MAY BE RETURNED THAT IS PURCHASED BY A FLOOR BIDDER, A TELEPHONE BIDDER, AN OTHER BIDDER WHO HAS HAD AN OPPORTUNITY TO VIEW THE LOT(S), OR ANYONE PRESENTING ODYSSEY WITH A RESALE CERTIFICATE OR OTHER EVIDENCE THAT THEY ARE ACTING AS A DEALER. For Bidders by mail, telefax or internet, who have not had the opportunity to view the lot(s), if there is a material error in the catalogue description, the lot may be returned if written notice is received by Odyssey within five (5) calendar days of receipt of the lot(s). The lot(s) must be received by Odyssey no later than twenty-one (21) calendar days after the Auction Sale in the same condition the lot(s) were delivered to the Bidder, in their original containers. Late remittance constitutes just cause for revocation of all return privileges. All prospective Bidders who have had the opportunity to examine the lot(s) prior to the Auction Sale personally assume all responsibility for any damage that Bidder causes while handling or examining lot(s). Odyssey shall have sole discretion in determining the value of the damage caused, which shall be promptly paid by the prospective Bidder. ODYSSEY IS NOT RESPONSIBLE FOR ANY ERRORS IN BIDDING. A Bidder should make certain to bid on the correct lot and that the bid is the maximum (plus the seventeen and one-half percent (17.5%) Buyer's Commission) that he or she is willing and able to pay. Once the hammer has fallen and the Auctioneer has announced the winning Bidder, the Bidder is unconditionally bound to pay for the lot, even if the Bidder has made a mistake. Odyssey reserves the right to withdraw any lot at any time, even after the hammer has fallen, until the Bidder has taken physical possession of the lot. No Bidder shall have a right to claim any consequent damages i Auction Sale.
4. Bidder Registration Required. All persons seeking to bid must register to bid at the auction by completing a registration card or bid sheet or register on the Internet at www.autographs.com (click on "Current Auction") or if the sale is also posted on eBay at www.ebayliveauctions.com (click on "Collectibles & Memorabilia" under "categories" to find the Odyssey sale). By submitting a bid, the Bidder acknowledges that Bidder has read the Terms and Conditions of Auction Sale, the descriptions for the lot(s) on which they have bid, and that they agree to adhere to these Terms and Conditions of Auction Sale. This agreement shall be deemed to have been made in California. The Bidder acknowledges that the invoice describing a lot by number incorporates the catalogue and Terms and Conditions of Auction Sale.
5. Prices, Payment and Delivery. A Buyer's Commission of seventeen and one-half percent (17.5%) on each individual lot will be added to all purchases made by Bidders, except for reacquisitions by Consignors, regardless of affiliation with any group or organization, and will be based upon the total amount of the final bid. A reacquisition charge may apply to Consignors pursuant to a separate agreement, which may be higher or lower than the Buyer's Commission. Acceptable payment methods are (1) cash in U.S. funds payable through a bank in the United States by personal check, cashier's check, certified check or money order; (2) bank wire; (3) Visa, MasterCard, Discover or America Express. On any cash transaction or series of transactions exceeding $10,000, Treasury Form 8300 will be filed. Contact Odyssey for wiring instructions before sending a wire. Lots must be paid for the earlier of receipt invoice or delivery. Odyssey reserves the right to decline to release lots for which good funds have not yet been received. On any accounts past due, Odyssey reserves the right to extend credit and impose periodic charges. Bidder agrees to pay reasonable attorney's fees and cost incurred to collect on such past due accounts. Bids will not be accepted from those persons under eighteen (18) years of age without a parent's written consent which acknowledges the Terms and Conditions of Auction Sale herein and agrees to be bound thereby on behalf of the Bidder. Bidders personally and unconditionally guarantee payment that are or become owed to Odyssey. If a corporation is the Bidder, the corporate representative present at the sale shall provide Odyssey at the time of registration with a statement signed by each principal, director and officer that they each personally and unconditionally guarantee any and all current or future obligations owed to Odyssey or such other statement as may be acceptable to Odyssey, in the sole discretion of Odyssey. Bidders who have not established credit with Odyssey must furnish satisfactory credit total bids for that Auction Sale session(s) or such other amounts as Odyssey may, in its sole and absolute discretion, require before such bids will be accepted. Deposits submitted will be applied to purchases. Any remaining deposits will be promptly refunded, upon clearance of funds. Odyssey will not assume responsibility for the shipping and packaging of certain larger items or items of a more fragile nature sold in this sale as determined by Odyssey. It is the Bidder's responsibility to contact Odyssey after the sale to make shipping and packaging arrangements. Due to the fragile nature of some lots, Odyssey may be forced to charge additional shipping and handling. Lots indicated as being "framed" are shipped at the Bidder's risk. Taxes, postage, freight charges, if applicable, handling, insurance, the seventeen and one-half percent (17.5%) Buyer's Commission, and any other fees required by law to be charged or collected will be added to the invoice for any lot(s) that is invoiced to successful Bidders. On any tax not paid by Bidder which should have been paid, even if not collected by Odyssey by mistake, error, negligence or gross negligence, Bidder agrees to promptly pay the same on demand together with any interest or penalty that may be assessed. Title to any lot remains with Consignor, any secured party of the Consignor, or Consignor's assigns, as the case may be, until the lot is paid for in full by Bidder. Odyssey reserves the right to require payment in full before delivering any lot to the successful Bidder. The RISK OF LOSS passes to the Bidder upon delivery of the lot(s).
6. Financial Responsibility. In the event a successful Bidder fails to make payment when due, Odyssey reserves the right to resell the lot(s) in a commercially reasonable manner, which may include a private sale. Bidder agrees to pay for the reasonable cost of such a sale, together with any incidental costs of sale, including reasonable attorney's fees and costs, cataloguing and any other reasonable charges. Bidder grants to Odyssey or its assigns the right to offset any sums due, or found to be due to Odyssey, and to make such offset from any past, current, or future consignment, purchases that are in the possession or control of Odyssey; or from any sums due to Bidder by Odyssey. Bidder further grants Odyssey a purchase money security interest in such sums or items to the extent applicable. Bidder agrees that Odyssey and its assigns shall be a secured party with respect to items bought by Bidder and in the possession of Odyssey, to the extent of the maximum indebtedness, plus all accrued expenses attorney fees and costs, until the indebtedness is paid. Bidder grants Odyssey the right to file a UCC-1 financing statement on such items without need for Bidders signature, and to assign such interest to any affiliated or related company or any third party deemed appropriate by Odyssey. If the auction invoice is not paid for in full when due per invoice terms, the unpaid balance will earn interest at the rate of one-and-one-half percent (1-1/2%) per month until it is paid in full. In the event this interest rate exceeds the interest permitted by law, the same shall be adjusted to the maximum rate permitted by law. Bidder agrees to pay all reasonable attorney's fees, court costs and other collection costs incurred by Odyssey or any affiliated or related company to collect past due invoices. Odyssey reserves the right to assign its interest to any third party.
7. DISCLAIMER AND WARRANTIES. NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE OR IMPLIED ON ANY LOT. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY LOT EXCEPT FOR WARRANTY OF TITLE, AND IN THE CASE OF TITLE, AUCTIONEER IS SELLING ONLY THAT RIGHT OR TITLE TO THE LOTS THAT AUCTIONEER MAY HAVE BY VIRTUE OF THE CONSIGNEMNT AGREEMENTS WITH CONSIGNORS AS OF THE AUCTION SALE DATE. PURCHASER HEREBY ASSUMES ALL RISKS CONCERNING AND RELATED TO THE GRADING OF A LOT.
a. All sales of items (1) viewed by Bidders in advance of a sale, even if the sale is by mail, telefax or internet, or (2) bid upon by Floor Bidders, Telephone Bidders and Bidders who present Odyssey with a resale certificate, out of state resale certificate, or similar evidence in acting as a dealer; ARE FINAL AND MAY NOT BE RETURNED.
b. Any and all claims that an item is not authentic, must be made in writing to Odyssey within five (5) calendar days after receipt of the item.
c. If an item or items are returned pursuant to the terms herein, they must be housed in their original, sealed and/or unopened container.
d. Late remittance or removal of any item form its original container constitutes just cause for revocation of all return privileges.
e. Grading or condition of items in the Auction Sale may have a material effect on the value of the item(s) purchased, and the opinion of others (including independent services) may differ with the independent services opinion or interpretation of Odyssey. Odyssey shall not be bound by any prior, or subsequent opinion, determination or certification by any independent service.
f. Authentication of autographs is not an exact science and Odyssey offers for Auction Sales only those items believed to be genuine autographed material as reviewed, evaluated and approved for sale by our staff of leading experts. Odyssey shall not be bound by contrary opinions of other experts as a basis for a return or the cancellation of an Auction Sale, and accordingly, Bidder recognizes that any claim made by Bidder pursuant to these Terms and Conditions must be accompanied by credible and definitive evidence in order for Odyssey to consider the claim and further, there is no assurance that such claim will be validated by Odyssey.
g. All oral and written statements made by Odyssey and its employees (including affiliated and related companies) are statements of opinion only, and are not warranties or representations of any kind, unless stated as a specific written warranty, and no employee or agent of Odyssey has authority to vary or alter these Terms and Conditions of Auction Sale. Any alteration shall be effective only if in writing and signed by an officer of Odyssey authorized to do so.
h. Bidders shall have no recourse against the Consignor for any reason whatsoever.
i. Bidder acknowledges that the market for collectibles is speculative, unregulated and volatile, and that collectibles prices may rise or fall over time. Odyssey does not guarantee that any customer buying for investment purposes will be able to sell for a profit in the future.
8. Waiver and Release. Bidder, for himself, his heirs, agents, successors and assigns, generally and specifically waives and releases, and forever discharges Odyssey, and its respective affiliates, parents, shareholders, agents, subsidiaries, employees, members of their respective boards of directors, and each of them, and their respective successors and assigns from any and all claims, rights, demands and causes of actions and suits, of whatever kind or nature, whether in law or equity, whether known or unknown, suspected or unsuspected, which Bidder may claim to have with respect to and/or arising out of, or in connection with any challenge to the title to any goods purchased, the sale itself, and/or the auction, except where such reimbursement is otherwise authorized in these Terms and Conditions of Auction Sale. It is the intention of Bidder that this waiver and release shall be effective as a bar to each and every claim, demand, cause of action and suit that may arise hereunder, and Purchaser hereby knowingly and voluntarily waives any and all rights and benefits otherwise conferred upon him by the provisions of Section 1542 of the California Civil Code, which reads in full as follows:
'A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
9. Disputes. If a dispute arises concerning ownership of a lot that has been bid upon, Odyssey reserves the right to commence a statutory inter-pleader proceeding at the expense of the Consignor and successful Bidder and any other applicable party, and in such event shall be entitled to its reasonable attorneys' fees and costs. Odyssey reserves the right to postpone the Auction Sale or any session thereof for a reasonable period of time for any reason whatsoever. No Bidder shall have any claim as a result thereof, including incidental or consequential damages. Neither Odyssey nor any affiliated or related company shall be responsible for incidental or consequential damages arising out of any failure of the Terms and Conditions of Auction Sale, the auction or the conduct thereof and in no event shall liability for any such failure exceed the purchase price, premium, or fees paid. If the Bidder fails to comply with one or more of these Terms and Conditions of Auction Sale, then, in addition to all other remedies which it may have at law or in equity, Odyssey may at its sole option either (a) cancel the sale, retaining all payments made by Bidder as liquidated damages, it being recognized that actual damages may be speculative or difficult to compute, or (b) sell a portion or all of the lot(s) held by Odyssey, in a quantity sufficient in the opinion of Odyssey to satisfy the indebtedness, plus all accrued charges, and Odyssey may sell such portion at an auction sale or private sale conducted by Odyssey and charge a seller's commission that is commercially reasonable. More than one such sale may take place at the option of Odyssey. Notice of the sale shall be by U.S.P.S. Certified Mail, Return Receipt Requested to the address utilized on the Bid Sheet, Auction Consignment and Security Agreement or other last known address by Odyssey. The proceeds shall be applied first to the satisfaction of any damages occasioned by Bidder's breach, then to any other indebtedness owed to Odyssey, including without limitation, commis handling charges, the expenses of both sales, reasonable attorneys' fees, costs, collection agency fees and costs and any other costs or expenses incurred. Bidder is also liable to Odyssey if the proceeds of such sale or sales is insufficient to cover the indebtedness. Rights granted to Bidders under the within Terms and Conditions of Auction Sale are personal and apply only to the Bidder who initially purchases the lot(s) from Odyssey. The rights may not be assigned or transferred to any other person or entity, whether by sale of the lot(s), operation of law or otherwise. Any attempt to assign or transfer any such rights shall be absolutely void and unenforceable. No third party may rely on any benefit or right conferred by these Terms and Conditions of Auction Sale.
10. General Terms. These Terms and Conditions of Auction Sale and the auction shall be construed and enforced in accordance with, and governed by, the laws of the State of California, regardless of the location of the Auction Sale. Bidder acknowledges and agrees that the competent courts of the State of California shall have exclusive jurisdiction over any dispute(s) arising hereunder, and Bidder hereby agrees that any dispute arising hereunder shall be litigated exclusively in the courts of the State of California, regardless of any party's current or future residence or domicile. Bidder further agrees that venue shall be in the Superior Court for Orange County, in the State of California. Bidder agrees that any legal action with respect to this Auction Sale is barred unless commenced within one (1) year of the date of this Auction Sale. If any section of these Terms and Conditions of Auction Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any way. Odyssey may at its sole and absolute discretion, make loans or advances to Consignors and/or Bidders.