GENERAL INSTRUCTIONS
BUYER'S PREMIUM
There is a Buyer's Premium of 19.5% for floor, telephone, email, and fax bidders. The Buyer's Premium for On-Line Internet bidders is 22%. CONDITION All items are offered "as is." There is no return privilege, and all sales are final. We have sought to express carefully in our catalogue a useful, general guide to the condition of each Lot. We have also attempted to describe any damage or restoration, but our descriptions cannot be accepted as absolutely definitive and complete. The absence of such a reference does not imply that a Lot is free from defects nor does any reference to particular defects imply the absence of others. Such information is given for guidance only and the condition of any Lot, and the nature and extent of any damage or restoration, should be confirmed by examination prior to the sale. In terms of function, common sense should prevail. While we have tried to call attention to conspicuous mechanical or optical problems, one should assume that many of the Lots have seen little recent use and, therefore, have not recently been cleaned, lubricated, or adjusted unless otherwise noted. This means that many Lots, especially older cameras, might have shutter speeds and/or light meters that might need adjusting, and that lenses and other optical items might require lubrication and/or cleaning. Many items have received service not noted here; please inquire directly if you have any questions whatsoever about cosmetic or functional condition of these "as-is" Auction Lots.
GUIDE TO RATINGS OF CONDITION
Mint Like new. No signs of use or wear.
Near Mint Only one or two insignificant signs of use.
Excellent ++ Very Clean. Only very slight signs of use.
Excellent + Better than average. Used, but not abused.
Excellent Average condition, signs of normal use.
Very Good Well used but working.
Good Heavily used.
Poor Bad condition. Probably only useful for parts.
ESTIMATES & RESERVES The estimated prices in the catalogue descriptions are the approximate prices expected to be realized, excluding Buyer's Premium. They are prepared well in advance of the auction sale and are subject to revision. Furthermore, they are not definitive and meant only to represent general guidelines. Every item in the auction has a private "reserve" price. Bidding begins at the low estimate figure listed here, subject to revision.
INTERNET ON-LINE BIDDING
You will be able to bid, if you choose, in "real time" during the auction. Internet bidders pay a 22% Buyer's Premium.
BIDDING BY LETTER, FAX, OR E-MAIL
We are pleased to make commission bids on your behalf. All email/mail/fax bids must be received by 5:00 P.M. CST on Friday, November 15, 2019. Please write clearly your name, credit card billing address, telephone numbers, fax numbers, date, email address, credit card number (with expiration date and security code), and signature. Unless previous arrangements have been made, bids that are missing full credit card information will not be entered.
Catalogues will include a bid sheet and a facsimile can be downloaded from our website. Please list the Lot number or numbers for which you would like to bid as well as your bid. Bidders will receive an invoice after the auction if their bids are successful. Please note that all bids will be executed at the lowest possible price consistent with the Terms and Conditions of the auction. Tamarkin Auctions, Inc., will treat mail, fax and email bids as the maximum price that the Buyer is willing to pay and will bid only enough to exceed the reserve price, or the next highest bid, at the normal auction interval.
VIEWING
Please note the viewing schedule: All auction lots are available for inspection prior to the sale, from November 4, 2019 until November 15, 2019 at 300 West Superior Street, in downtown Chicago, Illinois, BY APPOINTMENT ONLY.
Our staff will attempt to answer questions and give advice, but the final decision to bid, and the amount to bid, is at your discretion and liability. Auction viewings are conducted by appointment only, and only on the dates listed above in this section.
LOCAL TAXES
A 10.25% sales tax is due on all deliveries made in Illinois. However, all lots that are delivered outside Illinois are not charged any local or other U.S.A. taxes.
SHIPPING
All lots are available to the buyer at the end of the auction. Tamarkin Auctions, Inc. undertakes the shipment of auction purchases only as a courtesy to buyers. The Buyer pays all freight and insurance costs and plus a modest additional fee for packaging and handling. Insured shipments within the USA are made by UPS or the U.S. Post Office. Foreign shipments are made by insured USPS International Priority, or, by arrangement, by courier services such as UPS and FedEx. Insurance is available for foreign shipments up to $5,000 by USPS mail and up to $75,000 by UPS or FedEx. Note that some countries have limits of insurance and therefore all liability for shipments above a country's limit will lie with the Buyer. All risk of loss, theft, and damage passes to the Buyer upon dispatch by the Freight Company or postal service.
PAYMENT
Payment must be made within five (5) days after the close of the sale. Acceptable payment may be cash, bank check, bank wire transfer, or credit card. (Acceptable credit cards are VISA or MASTERCARD or equivalent.) We cannot accept payments by PayPal, Discover Card or American Express for auction purchases. All checks and other payments must clear before delivery of purchases unless prior arrangements have been made. Bank wire transfer details will accompany the auction invoices. Please note that Tamarkin Auctions, Inc., is an Illinois entity, separate from Tamarkin Camera.
Illinois Auction License Nr. 444.000546
Illinois Auctioneer License Nr. 441.002454
TERMS & CONDITIONS OF SALE
The following provisions constitute the entire agreement by and between Tamarkin Auctions, Inc., (Tamarkin), the Consignor, and the Buyer and will govern the sale of all property sold through bidding at the Tamarkin auction to be conducted at 300 West Superior Street, Chicago, Illinois, on November 16, 2019.
1. BUYER'S COMMISSION
BUYERS WILL PAY TO TAMARKIN A COMMISSION OF NINETEEN AND ONE HALF PER CENT (19.5%) OF BUYER'S WINNING BID PRICE. ON-LINE INTERNET BIDDERS WILL PAY A COMMISSION OF TWENTY-TWO PER CENT (22%). THIS COMMISSION IS PAYABLE IN ADDITION TO THE WINNING BID PRICE.
2. CONDITION OF PROPERTY
All property is sold "as is" without warranty or guaranty of any kind whether expressed, implied or statutory including without limitation any warranty or guaranty as to character, fitness for a particular purpose, merchantability, physical condition, or rarity. Prospective buyers must rely solely on their own inspection and knowledge before bidding to determine such issues as age, quality, character, physical condition, mechanical and electrical function and rarity. There is no return privilege, and all sales are final. The property being offered at the auction is mostly used and to be sold as collectors' items. Bidders should note that some lots have mechanical problems or optical problems. Buyers should assume that most lots have shutters in need of repair and/or light meters that are in need repairing or adjusting, and that most lenses and other optical items require lubrication and/or cleaning. Most of the cameras, lenses, and watches have not been recently used and have been sitting on a shelf in a collection. Moreover, the ratings below refer to cosmetic condition and are not meant to describe either mechanical or optical condition.
3. WITHDRAWAL OF PROPERTY
Tamarkin and Consignor reserve, in their unfettered discretion, the right to withdraw any property from auction before sale.
4. DISPUTES
Any disputes between bidders shall be resolved by Tamarkin, who may reoffer and resell any property over which there is a dispute.
5. BIDS, REJECTION AND RESERVES
The Buyer shall be the highest bidder. Tamarkin may reject any opening bid he deems too low and withdraw the property from sale. Likewise in the course of bidding he may reject any advance as being too low. Generally, Tamarkin will require that all bids advance the price by not less than 10%. All items of property will be sold with a reserve, which may be confidential. Tamarkin may bid on behalf of the Consignor to effectuate the reserve. Responsibility for bidding is ultimately the prospective Buyer's, and Tamarkin assumes no responsibility or liability with regard to bidding.
6. POSSESSION, TITLE AND RISK OF LOSS
Buyer will receive possession of the property only when payment has been made in full and all funds have cleared. Title and risk of loss or damage will pass to the Buyer when the Buyer has made full payment and the purchase is shipped.
7. TERMS OF PAYMENT AND REMEDIES
Buyer agrees to pay for property within five (5) days of receipt of invoice. Payment must be made in U.S. Dollars ($) and may be made in any one of the following: cash (In House Only), check, credit card, debit card, bank draft or bank wire transfer. Purchased property will not be released to the Buyer until payment in full has cleared.
In the event Buyer fails to pay for property won at sale, Tamarkin may at its sole discretion and in addition and without prejudice to any other right or remedy available to it in law or equity, exercise one or more of the following rights and remedies:
A. bring an action against Buyer seeking damages for breach of contract, including court costs and attorneys fees.
B. rescind the sale of the property or any other lot sold to the Buyer.
C. resell the property at auction or private sale and bring an action to recover any deficiency between (i) full amount owed by Buyer plus court costs and attorneys fees and (ii) the net proceeds, after payment of all expenses, received from the resale. If there is a surplus, the surplus will be paid to Consignor.
D. store the property and release it to Buyer only upon payment of the full purchase price plus all direct and indirect costs of storage.
E. to charge interest at 18% per annum commencing immediately after failing to pay on time.
F. to retain any other lot sold to Buyer at auction.
G. to apply any amount owing from Tamarkin to Buyer against the purchase price and all expenses due and owing by Buyer to Tamarkin. Tamarkin is likewise to be deemed to have a security interest in any property of the Buyer in Tamarkin's possession to secure payment of the purchase price and all expenses due and owing from Buyer to Tamarkin.
H. to apply any payment made by Buyer to Tamarkin for any purpose and despite any instructions by Buyer as to application, against the purchase price and all expenses due and owing.
8. SALES AND USE TAX
The total purchase price of all property will be subject to all sales or use tax, which Tamarkin is obligated by law to collect. The tax due on deliveries within Illinois is 10.25%. Tamarkin is not obligated to collect tax on any item that is delivered outside the State of Illinois.
9. TERMS OF ADHESION
By bidding at the auction, the Buyer acknowledges and agrees:
A. that the foregoing terms and conditions will represent the entire agreement of the parties, provided that the terms may be altered or amended by Tamarkin prior to or at the time of auction by oral or written announcement or posted notice.
B. that the rights and obligations of the parties will be construed and governed by the law of the State of Illinois.
C. that jurisdiction for the resolution of any dispute between the parties related to the auction, will be exclusively in the State of Illinois and consents to the jurisdiction of the Illinois State Courts and federal court for the District of Illinois.
10. LIMITATION OF LIABILITY
Tamarkin's and Consignor's liability to a Buyer shall not exceed the purchase price actually paid.
11. TAMARKIN AS AGENT ONLY
Except as otherwise specifically stated in writing, Tamarkin is acting only as an agent for the Consignor. Tamarkin will have no liability for any breach by either a Consignor or Buyer. Further, the Buyer will be responsible for the expenses of handling, insurance, and shipping. Tamarkin shall not be responsible for any loss or damage or theft after the sale or after the shipment is executed on the behalf of the Buyer.
VIEWING OF AUCTION LOTS IN CHICAGO, ILLINOIS
Auction lots can be viewed by appointment November 1 through November 15, 2019 at Tamarkin Camera, 300 West Superior Street, Suite 202 in Chicago, Illinois 60654.
Auction viewings are conducted by appointment only.
REGISTRATION
Saturday, November 16, 2019
8:45 a.m. - 9:45 a.m. Central Standard Time
AUCTION OF ALL LOTS IN CHICAGO, ILLINOIS
Beginning Saturday, November 16, 2019
10:00 a.m. - 6:00 p.m. Central Standard Time
The Central Arts Building
300 West Superior Street
Chicago, Illinois 60654
SALES TAXES
A 10.25% sales tax is due on all deliveries made in Illinois. However, all lots that are delivered outside Illinois are not charged any local or other U.S.A. taxes.
Shipping Terms
SHIPPING
All lots are available to the buyer at the end of the auction. Tamarkin Auctions, Inc. undertakes the shipment of auction purchases only as a courtesy to buyers. The Buyer pays all freight and insurance costs and plus a modest additional fee for packaging and handling. Insured shipments within the USA are made by UPS or the U.S. Post Office. Foreign shipments are made by insured USPS International Priority, or, by arrangement, by courier services such as UPS and FedEx. Insurance is available for foreign shipments up to $5,000 by USPS mail and up to $75,000 by UPS or FedEx. Note that some countries have limits of insurance and therefore all liability for shipments above a country's limit will lie with the Buyer. All risk of loss, theft, and damage passes to the Buyer upon dispatch by the Freight Company or postal service.
