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An auction at
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21st May 2013
In support of
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Conditions of Business

Conditions of business for the auction to be held on 21 May 2013 at Sotheby's New Bond Street premises

The property offered in this sale and listed in this catalogue will be sold by English PEN, registered with the Charity Commissioners under number 1125610.  Any questions in relation to the auction should be directed to English PEN and not to Sotheby's, which serves merely as auctioneer for English PEN in conducting the sale and participates on the following terms and conditions which govern the sale of all the property offered (as amended by specific terms and conditions posted in the sale catalogue for individual lots and/or announced orally during the auction):

 

1.

(a) Neither Sotheby's nor  English PEN assumes any risk, liability or responsibility for the authenticity or the author­ship of any property identified in this catalogue (that is, the identity of the creator or the period, culture, source or origin, as the case may be, with which the creation of any property is identified herein).

(b) All property is sold with all faults and imperfections and errors of description and neither Sotheby's nor English PEN makes any representations or warranties of any kind or nature, expressed or implied, with respect to the property and in no event shall either of them be responsible for the correct­ness of any descriptions of property, nor be deemed to have made, any represen­tations or warranties of physical condition, size, quality, rarity, importance, genuineness, attribution, authenticity or provenance of the property.  No statement in the auction catalogue or other description made at the sale, in any sale invoice or elsewhere, shall be deemed such a representation or warranty.

(c) Prospec­tive bidders should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored.

(d) Property may be offered subject to reserves.

2.

All property is sold subject to intellectual property rights (including but not limited to copyrights and/or trademarks) by the owner and/or third parties. The buyer may not publish or reproduce published texts or original annotations, being textual and drawings. Copyright in annotations remains with the authors.

 

3.

Any property may be withdrawn by Sotheby's or English PEN at any time before the actual sale.

 

4. 

Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the catalogue.

 

5.

Sotheby's and English PEN reserve the right to reject a bid from any bidder.  The highest bidder acknowledged by the auctioneer shall be the purchaser.  In the event of any dispute between bidders, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the lot in dispute.  If any dispute arises after the sale, the sale records of English PEN shall be conclusive in all respects.

 

6.

If the auctioneer determines that any opening bid is not commensurate with the value of the property, he may reject the same and withdraw the property from sale, and if, having acknowledged an opening bid, he decides that any advance thereafter is insufficient, he may reject the advance.

 

7.

On the fall of the auctioneer's hammer, the highest bid­der shall be deemed to have purchased the offered lot subject to all of the conditions set forth herein and thereupon (a) assumes the risk and responsibility thereof, (b) will sign a confirmation of purchase thereof and (c) will pay the full purchase price or such part as English PEN may require. English PEN will not release a lot to a successful buyer until payment of the total amount due has been made.  After payment, the purchaser shall remove the Property from Sotheby’s premises (if held at Sotheby’s).  If the property is not so removed, it may be sent by English PEN at its discretion to storage for the account, risk and expense of the purchaser and such charges will then be added to the purchase price of the property.

If the foregoing conditions and other applicable conditions are not complied with, in addition to other remedies available to  English PEN by law including, without limitation, the right to hold the purchaser liable for the bid price, English PEN, at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property on three days notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for payment of any shortfall between the original sale price and the price achieved upon resale, all other charges due hereunder and any incidental damages.

 

8.

Payments for purchases must be made in Sterling and in the following forms; cash, cheque (backed by cheque guarantee card) and all major credit cards.

 

9.

In the case of commission bids or bids transmitted by telephone, Sotheby's and English PEN are not responsible for errors or omissions arising out of or resulting from mechanical difficulties or failure.

 

10.

In no circumstances will Sotheby's or English PEN rescind any purchase made or refund the amount paid in respect of any lot.

 

11.

Neither shipping nor delivery costs are included in the price at which a lot is knocked down by the auctioneer to the buyer.

 

12.

These Conditions of Sale, as well as the purchaser’s, English PEN’s and Sotheby’s respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of England and Wales.  By bidding at an auction, whether present in person or by agent, commission bid, telephone or other means, the purchaser shall be deemed to have consented to the exclusive jurisdiction of Courts of England and Wales.

 

13. 

Charity auctions do not have estimated prices on individual lots. But potential buyers seeking guidance on possible values of individual books may contact Philip Errington at Sotheby's Book Department, or Rick Gekoski at English PEN. Buying may be done in person (or through a second party) at the auction itself, by leaving a bid with Sotheby's, or by telephone bidding  during the auction. We regret online bidding will not be possible for this sale.

 

NOTE on clearing purchases after the sale. Buyers may pay English PEN by cash, credit card or cheque. But until credit cards or cheques are cleared, lots may not be taken away. Our apologies for any inconvenience this may cause.

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