VVV: Poetry, Plastic Arts, Andre Breton, 1944

Property listed in our online or print catalogues will be sold by PB Auction Galleries, dba PBA Galleries, as agent for others subject to the following terms and conditions.  Clients placing bids at auction agree to pay the full purchase price of any lots for which the client is the winning bidder and further acknowledge and agree to these Conditions of Sale.  PBA Galleries reserves the right to amend these by notice or oral announcement at the sale.

1.  All bids are to be per lot as numbered in the catalogue.

2.  PBA Galleries reserves the right to withdraw any property for sale at any time prior to its final sale.

3.  Unless specified, each lot is offered subject to a reserve, generally one-half of the low estimate.  PBA Galleries does not accept reserves of more than the low estimate nor allow consignors to bid on their own items.

4.  PBA Galleries reserves 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 or in the event the auctioneer doubts the validity of any bid, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute.  If any dispute arises after the sale, our sales records shall be conclusive in every respect.

5.  The “hammer price” is the price at which a lot is sold or hammered down by the auctioneer.  The “purchase price” paid by the winning bidder is the aggregate of (a) the hammer price, (b) a buyer’s premium of 20%, (c)  an internet surcharge of 3%, and (d) applicable California state and local sales taxes.  California state and local taxes will be collected except where sold to a purchaser outside of California and shipped to the purchaser or the purchaser has a valid California resale license and provides such documentation to PBA Galleries.

6.  Payment terms:  All items are to be paid for by cash, Visa, MasterCard, Discover, wire transfer, cashier’s check, e-check or personal check with approved credit.  Wire transfers are accepted for all international transactions and any domestic transaction over $1000  PBA Galleries reserves the right to hold items paid for by personal check until the check has cleared the bank.  Buyer agrees to pay PBA Galleries $50 for any returned check.  Invoices are due upon receipt.  Merchandise is shipped only after full payment has been received. 

7.  Purchases that have gone unpaid twenty (20) business days after the sale are subject to any or all of the following:  (a) late charge of five percent (5%) of the total purchase price per month; (b) cancellation of the sale; (c) rescindment of bidding privileges at future auctions; (d) Initiation of legal proceedings to collect the entire debt including original purchase price, late charges, and legal fees and costs to the fullest extent permitted by law; and (e) any other action or actions PBA Galleries finds necessary and appropriate.

8.  Purchases must be removed within five (5) business days of cleared payment unless shipping instructions are received by PBA Galleries.  If not removed, property will be held at the sole risk of the purchaser and no responsibility is assumed if such goods are lost, stolen, damaged, or destroyed. PBA Galleries reserves the right to store unclaimed purchases either in our office storage facilities or a public warehouse at the expense of the purchaser.  Purchaser will be charge 10% of the purchase price/month for storage. PBA Galleries assumes no liability for any damages incurred during storage. 

9.  In order to prevent inaccuracy in delivery or inconvenience in the settlement of a purchase, no lot can be transferred.  Each buyer must pay for the whole of his purchases before any lot can be removed.

10. PBA Galleries has an in-house shipping department and will ship property via USPS, UPS or FedEx.  Total shipping costs include a packing fee, carriage and insurance.  PBA Galleries will not be responsible for any loss of damage resulting from the shipping in excess of the amount of insurance.  Property is shipped only after payment has cleared.

11.  If purchased property cannot be delivered in the same condition as at the time of sale, due to fire, theft, loss or any other reason, PBA Galleries’ liability will be limited to the sum actually paid by the purchaser.  In no event, will compensatory or other damages be included.  

12.  Any and all information provided by PBA Galleries, including all employees of PBA Galleries, in its catalogs, other written or oral descriptions, email or elsewhere are qualified statements of opinion.  They are not intended to represent warranties or representations of any kind or nature with respect to the property or its value, merchantability, fitness for a particular purpose, or whether the purchaser acquires any copyrights.  In no event shall PBA Galleries or the consignor be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of the property or estimate of value.

13.  Property may be returned by the purchaser, the sale rescinded and the purchase price refunded only under the following conditions:  (1) printed books which prove upon collation to be defective in text or illustration (provided such defects are not indicated within the catalogue or at the sale), and (2) autographs which prove not to be genuine (if this can be demonstrated and if not indicated in the catalogue or at the sale).  Printed books are not returnable for defects not affecting text and illustration, including, but not limited to, lack of half-titles, lists of plates, binder’s instructions, errata, blanks, or advertisements.  No returns will be accepted unless written notice is received by PBA Galleries within fourteen (14) days of the sale of the property and the property is returned in the same condition as it was at the time of the sale.  No lot is returnable on account of property included but not specifically named and described in such lot.  Lots containing three or more titles, whether named or unnamed and selling for one hundred fifty dollars ($150) or less, exclusive of buyer’s premium are sold not subject to return for any reason.

14.  As a service to clients unable to attend the Sale in person, we accept absentee bids in advance of the sale by telephone or in writing submitted by email or fax.  All bids must state the highest bid price the bidder is willing to pay.  “Buy” bids are not accepted.  PBA Galleries accepts no responsibility for failure to execute such bids or any errors contained on submitted bid forms 

15.  Photographs, prints and other fine art multiples are sold in compliance with California law and PBA Galleries’ catalogue descriptions of such multiples to the applicable provisions of that law.

All sales held by PBA Galleries are conducted pursuant to Section 2328 of the Commercial Code and Section 535 of the Penal Code of the State of California.