This Auction is presented by Fabyle Auctions ("Auctioneer"). The Auction is conducted under these Terms and Conditions of Auction and applicable state and local law. Participation in the auction implies full acceptance of these terms.
Bidder Qualifications: All Bidders must meet Auctioneer's qualifications to bid. Any Bidder who is not a client in good standing may be disqualified at Auctioneer's sole option and will not be awarded lots. Auctioneer reserves the right to exclude any person from the auction.
Credit Requirements: In order to place bids, Bidders who have not established credit with the Auctioneer may be required to furnish satisfactory credit information, including collectibles-related business references or valid credit card information. Auctioneer may, in its sole discretion, require a deposit of twenty-five percent (25%) of the amount of the bid prior to acceptance.
Buyer's Premium: All bids are subject to a Buyer's Premium which is in addition to the placed successful bid (Hammer Price). This premium is added to the Hammer Price to determine the Total Purchase Price.
Third-Party Platforms: Successful bids placed through third-party platforms (e.g., LiveAuctioneers, Invaluable) may be assessed an additional fee (typically 5%) calculated on the Hammer Price.
Discretion: The Auctioneer reserves the right to refuse to honor any bid or to limit the amount of any bid, in its sole discretion. A bid is considered not made in "Good Faith" if made by an insolvent or irresponsible person, or is not supported by satisfactory credit.
Nominal Bids: The Auctioneer in its sole discretion may reject nominal bids, small opening bids, or very nominal advances.
Tie Bids: In the event of a tie bid, the earliest bid received or recognized wins. Auctioneer's decision and declaration of the winning Bidder shall be final and binding.
Due Date: Payment is due immediately upon the closing of the Auction session, or upon presentment of an invoice. Auctioneer reserves the right to void an invoice if payment in full is not received within 7 days after Auction close.
Methods: All sales are strictly for cash in United States dollars (including wire transfer, cashier’s checks, or pre-approved credit cards). A surcharge (typically 2.9%) may apply to credit card transactions.
Non-Payment: In the event Buyer fails to pay any amounts due, Buyer authorizes Auctioneer to charge the Buyer's card on file. If the invoice remains unpaid, the Auctioneer may sell the lot(s) to any underbidders or at a subsequent public or private sale. The defaulting Buyer agrees to pay for the reasonable costs of resale, including a 15% seller's commission and any deficiency in the final price.
NO WARRANTY: NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY DESCRIPTION CONTAINED IN THIS AUCTION. All property is sold "AS IS" without any representation or warranty of any kind by Auctioneer or the Consignor.
Catalog Descriptions: Any description of merchandise is for the sole purpose of identifying the item. No description of merchandise has been made part of the basis of the bargain or has created any express warranty that merchandise would conform to any description made by Auctioneer. Color variations in photography are not grounds for the return of any lot.
Third-Party Grading: Items sold referencing a third-party grading service (e.g., PSA, CGC, PCGS) are sold "as is" without Auctioneer's grading opinion. Auctioneer shall not be liable for any patent or latent defect or controversy pertaining to or arising from any encapsulated collectible.
General Policy: The Auction is not on approval. No returns are accepted for reasons of condition, eye appeal, or buyer's remorse.
Authenticity Disputes: If a Bidder intends to challenge authenticity or provenance of a lot, they must notify Auctioneer in writing within 35 days of the Auction's conclusion. The Bidder must provide authoritative written evidence from a recognized expert in the field. If Auctioneer concurs, the liability shall be limited strictly to the rescission of sale and refund of purchase price.
Floor Bidders: No lots purchased by floor Bidders (who had the opportunity to inspect items in person) may be returned.
Responsibility: Buyer is liable for all shipping, handling, and insurance fees. Auctioneer is unable to combine purchases from different auctions into one package.
Risk: Risk of loss passes to Buyer upon delivery to the common carrier. Auctioneer is not responsible for acts or omissions of carriers or packers.
Storage Fees: Items not picked up or shipped within 35 days of the auction may be subject to storage fees of $10 per day/per item.
Arbitration: All claims, disputes, or controversies arising out of the auction shall be exclusively heard by binding arbitration administered by the American Arbitration Association.
Venue: The locale for all such arbitrations and any related legal proceedings shall be New York, NY. The arbitrator's award may be enforced in any court of competent jurisdiction.
Limitation of Liability: In no event shall Auctioneer's liability exceed the purchase price actually paid by the Buyer for the lot.