Warmth of the Sea by Wyland

TERMS AND CONDITIONS OF SALE 1. All items are sold AS IS, WHERE IS WITH ALL FAULTS. ALL SALES ARE FINAL - NO REFUNDS AND NO EXCHANGES. WE AND THE CONSIGNOR, AS APPLICABLE, DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO WARRANTIES ARE MADE THAT ANY OF THE MERCHANDISE COMPLIES WITH ANY APPLICABLE GOVERNMENTAL RULES, REGULATIONS OR ORDINANCES OF ANY KIND OR NATURE WHATSOEVER. All items are available for inquiries prior to bidding. Written and oral descriptions are the opinions of FAA and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. FAA believes to the best of its knowledge that the information presented in any auction has come from reliable sources. However, such information is presented solely for the convenience of the prospective purchasers. FAA attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. It is the responsibility of prospective bidders to examine all items in which they have an interest. By placing a bid, in any capacity, you signify that you have examined the items as fully as you desire and have had the opportunity to ask questions and receive answers from FAA that you deem adequate. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, do not bid on the lot in question. We are not affiliated with any government entity and not all the items sold were seized. Items sold by us are sourced from multiple channels and there are no assurances that any of the items being sold have been seized. 2. Neither FAA nor the consignor, as applicable, make any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, and completeness, condition of property or estimate of value. Any appraisals, Estimates (as defined herein) or evaluations provided are solely for the convenience of the bidder and FAA makes no warranties of any kind relating to them. Appraisals may include valuations which reflect the full, highest retail price of the item in a specific geographic region. The terms Estimate or Estimated Value (collectively 'Estimate') as used herein may be an arbitrary value and may fail to represent an actual resale value, insurance replacement value, or cost of a similar good. Similarly, no appraisal value should be considered to represent the actual resale value, insurance replacement value, or cost of a similar good. No statement (oral or written) shall be deemed such a warranty or representation, or any assumption of responsibility. In no circumstance will a vastly different appraisal or estimate of any third-party given on behalf of a purchaser in a FAA auction be grounds for a return, cancellation or refund. All measurements given are approximate and within industry standards and customs. 3. In no event shall FAA's liability for any breach, or act or omission exceed the Purchase Price (as defined herein) actually paid by the buyer, and in no event shall FAA have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of buyer or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to the lot or its purchase, sale, delivery or non-delivery, or the acts or omissions of FAA. 4. The successful bidder is the highest bidder acknowledged by FAA. In the event of any dispute between bidders, or in the event of doubt on FAA's part as to the validity of any bid, the FAA will have the 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, FAA's sale record is conclusive. While FAA makes every effort to guarantee accuracy, in the event of a mistake on the part of auctioneer, and a lot is accidentally declared sold by mistake of the auctioneer, FAA reserves the right to cancel the sale and relist the lot in its sole discretion. Bids may be received by FAA through the internet, telephone, facsimile, or e-mail. Bidding through a telephone, facsimile, or e-mail are only available to pre-qualified dealers or resellers. If you desire to qualify as a qualified dealer, please contact one of our dealer development specialists to receive an application. Approval as a qualified dealer is at the sole discretion of FAA and requires a bank approved line of credit that is reviewed and approved by a dealer development specialist at FAA. 5. The bidder assumes full responsibility for items at the fall of the hammer (or expiration of time in an online auction). A bid entered by mistake on the part of a bidder is NOT grounds for a cancellation of the bid. Each bidder is responsible for his or her own account and bids. By allowing access to another who enters a bid without your knowledge will NOT be grounds for a rescission of the bid(s). Therefore, any bid made on your account will bind you to the bid in accordance with these terms. If an entity places a bid on a lot, then the person executing such bid on behalf of the entity hereby agrees to personally guarantee payment for any successful bid. 6. All bids are subject to (I) a non-refundable 19.75% buyer's premium which shall be added to a successfully placed bid upon sale of each lot, (ii) any applicable local sales tax, and (iii) shipping and handling costs that are more fully described in the section entitled 'Shipping and Handling' below (collectively, the 'Purchase Price'). For all residents of California or shipments to California, applicable sales tax will be added to your invoice. Any bidder that represents a purchaser is personally and individually responsible for any obligations of the purchaser set forth in these terms and conditions. All purchasers purchasing pursuant to a valid resale license will need to provide appropriate documentation for removal of state sales tax. 7. Bidder's bid at all times represents an irrevocable offer by bidder to enter into a binding contract to purchase the lot in accordance with the specific provisions of the listing and these general terms and conditions, as applicable, even if a higher bid was received by FAA. In the event that any reserve price of a lot is not exceeded by any bidder's bid, FAA, in its sole discretion, with or without the knowledge of or notice to any bidder, may reduce any reserve price to an amount below the bid of bidder at any time during an auction and accept the bid made by bidder. Reserve prices are always the confidential information of FAA and are not disclosed to bidders unless specifically stated as such during bidding. Nothing contained in any listing shall be construed to disclose any reserve price. In the placing of any bid the bidder understands and agrees that the bid, once accepted by FAA, will be the winning bid if there is no higher bid by another bidder and if any reserve or reduced reserve on the lot is exceeded by the bid. All bids are binding, irrevocable and non-cancelable by bidder. FAA has final discretion on sale of a lot. The decisions of FAA are final. In the unlikely event that we lose our internet connection, FAA reserves the right in its sole and absolute discretion to cancel the remainder of the auction. 8. PAYMENT: We accept bank wire transfers, personal or company check, cashier's check, money order, Visa, MasterCard, Discover and American Express. International invoices over $25,000 require a wire transfer, as do the sale of automobiles and certain other high value items in our discretion. We do not accept PayPal payments, but we do use Intuit Merchant Services for safe and reliable credit card transactions. For items purchased online, you will be emailed an invoice within 24 hours after the auction. This email provides a link that allows you to pay immediately and securely online. It is your responsibility to contact FAA at (866) 392-6229 ext. 628 or email FAA if you are unable to pay through our online check-out system. If paying by check, money order, or cashier's check, FAA reserves the right to hold all purchases until the check has cleared to the satisfaction of FAA and its bank. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property. IF IN ITS SOLE DISCRETION FAA AGREES TO REFUND A PURCHASE YOU WILL BE CHARGED A 15% RESTOCKING FEE OF THE HAMMER PRICE AND YOU WILL STILL BE RESPONSIBLE FOR SHIPPING AND HANDLING FEES AS WELL AS RETURN SHIPPING. THE PREVIOUSLY PAID BUYER'S PREMIUM IS NOT REFUNDABLE. PLEASE BID RESPONSIBLY AND DIRECT ANY QUESTIONS YOU MAY HAVE PRIOR TO PLACING A BID. 9. LIQUIDATED DAMAGES: IN THE EVENT THAT YOU BID AND ARE DEEMED THE WINNER OF AN ITEM BY FAA, BUT FAIL TO MAKE PAYMENT IN ACCORDANCE WITH THE INVOICE SENT TO YOU OR CLAIM A DISPUTE WITH ANY THIRD-PARTY PAYMENT INTERMEDIARY, SUCH AS A CREDIT CARD COMPANY, YOU WILL BE ASSESSED A CHARGE OF 15% OF THE HAMMER PRICE AS LIQUIDATED DAMAGES. BY BIDDING ON ANY SUCH LOT, YOU HEREBY AGREE TO THE PAYMENT OF SUCH LIQUIDATED DAMAGES AS A RESULT OF THE IRREPARABLE HARM THAT WILL BE SUSTAINED BY FAA. FURTHERMORE, IN THE EVENT THAT A WINNING BIDDER FAILS TO MAKE ANY PAYMENTS UNDER THESE TERMS AND CONDITIONS, INCLUDING THE LIQUIDATED DAMAGES DESCRIBED HEREIN, WE RESERVE THE RIGHT TO REPORT SUCH NONPAYMENT TO CREDIT AND COLLECTION AGENCIES IN OUR SOLE DISCRETION. 10. FAA reserves the right to reject any bid at any time and at his sole discretion. FAA additionally reserves the right in its sole and unlimited discretion at any time prior to, during, or even after the close of the auction to exclude any person or individual bid and to award any lot to the highest accepted bid. FAA reserves the right to withdraw any lot at any time before, during, or after the auction without liability. 11. On the fall of the auctioneer's hammer (or expiration of time in an online auction), ownership of the offered lot will pass to the highest bidder acknowledged by the auctioneer, subject to fulfillment by such bidder, of all the conditions set forth herein, and such bidder thereupon, a) assumes full risk and responsibility thereof, but not limited to, insurance, fire, theft, removal and storage or damage from any and all causes, and b) will pay the full Purchase Price thereof or such part as we may require. In addition to other remedies available to us by law, we reserve the right to impose a late charge of 1.5% per month of the total Purchase Price if payment is not made in accordance with the conditions set forth herein. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the consignor by law, including, without limitation, the right to hold the purchaser liable for the total Purchase Price, we at our option may, a) cancel the sale, retaining all payments made by the purchaser, b) resell the property at public auction with or without reserve, and the purchaser will be liable for any deficiency costs including handling charges, the expenses of both sales, our commissions on both sales at our regular rates, reasonable attorney's fees, incidental damages, and all other charges due hereunder, c) reject future bids from the buyer or render such bids subject to payment of a deposit, d) charge interest at 18% per annum from the date payment became due until the date the Purchase Price is received in cleared funds, e) subject to notification of the buyer, exercise a lien over any of the buyer's property which is in the possession of FAA and no earlier than 30 days from the date of such notice, arrange the sale of such property and apply the proceeds to the amount owed to FAA or any of our affiliated companies after the deduction from sale proceeds of our standard commission rates and sale-related expenses, f) commence legal proceedings to recover the Purchase Price, together with interest and the costs of such proceedings, g) set off the outstanding amount remaining unpaid by the buyer against any amounts which FAA, or our affiliated companies, may owe the buyer in any other transactions, or h) take such other action as we deem necessary or appropriate. If such a buyer pays a portion of the Purchase Price for any or all lots purchased, FAA shall apply the payment received to such lot or lots that FAA, in its sole discretion deems appropriate. In the case of default, purchaser shall be liable for legal fees, costs and expenses associated with an attempted collection of payment from purchaser. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession owned by such purchaser. Furthermore, if a purchaser fails to make any payments under these terms and conditions, a 15% charge as liquidated damages will be administered as described in Section 9. We hereby reserve the right to report such non-payment to credit and collection agencies in our sole discretion. 12. FAA, and any consignors, reserve the right to bid on any lot(s). Unless explicitly stated otherwise, all lots are subject to a reserve price that shall be hidden from all bidders. FAA shall act to protect the reserve by bidding in the auction process if needed. FAA may open bidding on any lot below the reserve by placing its own bid. FAA may continue to bid on behalf of itself up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. 13. If any dispute occurs between a bidder and FAA that cannot be resolved, then the parties agree to the rules, regulations and procedures of the dispute resolution described herein and agree to the following procedures for resolution of the dispute: If either party alleges that the other party is in default under this agreement, then the dispute or allegation shall be submitted to binding arbitration in the State of California. FAA shall select a neutral arbitrator. The arbitration process shall be initiated by either party requesting arbitration which must be served upon the other party by certified mail. Failure to participate in the arbitration is a default. If an arbitration procedure is initiated by request of a bidder, the bidder shall bear the financial burden of fees to be paid to an arbitrator to that maximum amount available by law. Each party shall simply present their case (limited to a maximum of one hour for each party) to the arbitrator. By bidding on any lot, the bidder hereby agrees and acknowledges that it is completely waiving its rights to have the dispute heard in a court of law. The bidder agrees that the arbitrator shall have complete jurisdiction over the dispute and can issue an award to the prevailing party. Arbitration fees shall be paid by the party prevailing in the dispute or as seen fit by the arbitrator. Any award determined by the arbitrator shall be binding and the prevailing party shall be awarded full reimbursement of its actual paid fees in connection with the dispute. By participating in an FAA auction, bidder specifically agrees to the dispute resolution specified in the foregoing paragraph as bidder's SOLE means to resolve all disputes which may arise with FAA. By doing so bidder specifically agrees that bidder will not file a dispute of any kind with an online venue, a credit card, or any other third parties. Bidder specifically waives the right to initiating a credit card chargeback dispute on any basis of claim and agrees that bidder will pay FAA a minimum of $300 plus hourly charges and costs for any such chargeback dispute opened, due to the severe administrative burden of such disputes and their direct violation of the dispute provisions above. In the event that Bidder violates this dispute resolution provisions, in consideration of FAA's approval of the application of the bidder to bid in FAA's auction, bidder confesses judgment to fraud having been committed by bidder against FAA and further agrees that bidder is liable to FAA for all damages, losses and costs, including time charges, resulting. 14. The bidder hereby waives, releases, remises, acquits, and forever discharges FAA and any consignor, and shall indemnify and hold them harmless against any claims, actions, cause of action, demands, rights, damages, costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the bidder now has or which may arise in the future on the account of or in any way growing out of or connected with any defects, latent or otherwise, or the physical condition of any items or lots purchased or any law or regulation applicable thereto. FAA or consignor shall provide notice to bidder promptly of any such claim, suit, or proceeding. 15. If any provision of these terms and conditions or of any listing be void, unlawful or unenforceable under applicable law, that provision shall be modified to the minimum extent possible to comply with applicable law, or if modification is not possible, deleted and severed from the remaining provisions. Any such modification, deletion or severing shall not affect the enforceability or validity of any of the remaining provisions. 16. These terms and conditions, the contents of any listing and the contractual relationship between FAA and any bidder shall be interpreted under and governed by the laws of the State of California. **IMPORTANT - PLEASE READ** AS YOU HAVE ACKNOWLEDGED BY AGREEING TO THE TERMS AND CONDITIONS OF THIS AUCTION, THERE ARE NO REFUNDS OR EXCHANGES. IN THE EVENT THAT YOU REQUEST AND ARE GRANTED BY FAA, A RETURN OR REFUND, YOU AGREE THAT YOU ARE STILL RESPONSIBLE FOR PAYING A 15% RESTOCKING FEE BASED ON THE HAMMER PRICE OF EACH ITEM THAT IS RETURNED, LESS APPLICABLE TAXES, PLUS THE ENTIRE BUYER'S PREMIUM FOR EACH ITEM AS WELL AS ALL OF THE SHIPPING/HANDLING CHARGES. ACCORDINGLY, THE RESTOCKING FEE, BUYER'S PREMIUM, AND ANY SHIPPING AND HANDLING COSTS ARE NEVER ELIGIBLE FOR A RETURN OR REFUND. IN THE EVENT THAT YOU REFUSE PAYMENT FOR A WINNING BID YOU WILL BE SUBJECT TO A 15% LIQUIDATED DAMAGES CHARGE OF THE HAMMER PRICE AS MORE FULLY DESCRIBED IN SECTION 9 HEREIN. SHIPPING & HANDLING All shipping arrangements will be handled by FAA except for vehicles which will require pick up from the location of sale or other arrangements as may be agreed to by FAA. Shipping & Handling Fees will be included on your invoice. All shipping arrangements will be handled by FAA. Shipping & Handling Fees will be included on your invoice. Once paid, FAA will usually ship within 3-5 business days. (ART PIECES SHIP WITHIN 7-10 BUSINESS DAYS) ALL SHIPPING AND HANDLING PRICES, MAY BE AMENDED FROM TIME TO TIME. ALL ITEMS MUST BE SHIPPED BY FAA. WILL CALL IS NOT AVAILABLE AS WE DO NOT KEEP ANY INVENTORY AT OUR OFFICES DUE TO SECURITY CONCERNS. ALL ORDER FULFILLMENT TAKES PLACE AT A DIFFERENT SECURE LOCATION AND AS A RESULT WE ARE UNABLE TO ALLOW ITEMS TO BE PICKED UP. WE ARE NOT RESPONSIBLE FOR ADDITIONAL FEES INCLUDING BUT NOT LIMITED TO VAT DUTIES, BROKER FEES, AND OTHER IMPORT FEES NOTICES & DISCLAIMERS REGARDING SPECIFIC ITEM TYPES Regarding Appraised Jewelry, Watches and Loose Stones - FAA sends most jewelry, watches, accessories and loose stones out to a third-party for appraisals. All such lots are sold AS IS and may have been worn, been previously repaired, altered, customized (including having been modified with after-market stones or had the bezel changed in its entirety on certain jewelry or watches), or been embellished. For purposes of our actions, the terms custom, modified, or after-market may be used interchangeably. Such wear, repair or changes may display varying levels of evidence. The bidder hereby acknowledges that the absence of any reference to the condition of a lot does not imply the absence of wear, repairs, customization, or defects. While FAA makes every effort to call to the attention of bidders the use of after-market parts in jewelry and watches sold, the use of such parts or stones shall not constitute a warranty or representation that the items are original in their entirety. These modifications, customizations, and alterations may impair the ability of the original manufacturer to repair such item or certify the item as authentic All descriptions and statements related to such lots, including measurement, authorship, source or origin, or other aspects are qualified opines and do not constitute a warranty or representation, and are provided for identification purposes only. Not all Jewelry, watches or loose stones are appraised, and the appraisals are provided for bidders only in certain instances at the discretion of FAA. Our appraisals are conducted by independent third-party appraisal firms. Such firms may be certified GIA Gemologists or have education in the industry or alternative certifications. Appraisals should be used for verification of gemstone and/or metal weight, size, and grade only, not actual value for resale or insurance purposes. Appraisal value should be not considered for actual value, as price varies greatly from retail locations and other merchants in different geographic locations. All Items auctioned by FAA should not be purchased with a view or expectation toward resale for appraisal price given, or to make a profit. The ultimate value for which an item can be resold may vary drastically from the appraisals listed by FAA. All dimensions and weights of such lots are approximate and are consistent with standards and practices in the industry. Condition reports are provided as a service to prospective bidders. Bidders should note that such descriptions are not warranties and that watches may need general service, change of battery or further repair work for which the buyer is solely responsible. Certain watch bands from protected species of animals (i.e. alligator, crocodile) and items made of ivory and tortoise may be subject to restrictions in certain countries. Regarding Memorabilia Items - All autographed memorabilia comes with a Certificate of Authenticity. FAA may have an interest in certain third-party authenticators and bidder hereby waives any potential conflicts therein related to FAA's relationship with such authenticators. FAA is not responsible for the opinions of any of the third-party authenticators. You should in no way rely exclusively on such third-party opinions without conducting your own due diligence prior to bidding. All Certificates of Authenticity may only be relied upon for one year from the date of sale of any item. FAA, and its consignors may be determined to be 'Dealer(s)' within the meaning of California Civil Code Section 1739.7(a)(4) and as such make the following statement: SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING AUOTOGRAPHED MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INUSRED TO ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE SOLD BY THIS DEALER. Regarding Coins & Currency - No material certified by third parties may be returned to FAA because of a possible difference of opinion with respect to the grade offered by such third-party organization, dealer, or service. No guarantee of grade is offered for uncertified lots sold and then subsequently submitted to a third-party grading service. There are absolutely no exceptions to this policy. Any coins sold referencing a third-party grading service as sold AS IS without any express or implied warranty. Notes sold referencing a third-party grading service are sold AS IS without any express or implied warranty. Grading, condition or other attributes of any lot may have a material effect on its value, and the opinion of others, including third-party grading services may differ with that of FAA. FAA shall not be bound by any prior or subsequent opinion, determination, or certification by any grading service. Bidder specifically waives any claim to right of return of any item because of the opinion, determination, or certification, or lack thereof, by any grading services. Third-party graded notes are not returnable for any reason whatsoever. Due to changing grading standards over time, differing interpretations and to possible mishandling of items by subsequent owners, FAA reserves the right to grade items differently than shown on certificates from any grading service that accompany the items. FAA also reserves the right to grade items differently than the grades shown in the prior catalog should such items be reoffered in any future auction. Although consensus grading is employed by most grading services, it should be noted as aforesaid that grading is not an exact science and various third-party grading services, or even different employees from the same grading service may grade the same lot differently. Bidder fully understands and is aware of such potential inconsistencies and is bidding with such knowledge. Certification does not guarantee protection against the normal risks associated with potentially volatile markets. The degree of liquidity for certified coins and collectibles will vary according to general market conditions and the lot involved. For some lots there may be no active market at all at certain points in time. Bidders are advised that certain types of plastic may react with a coin's metal or transfer plasticizer to notes and may cause damage. Caution should be used to avoid storage in materials that are not inert. Regarding Stamps and Philatelic Items No stamps or philatelic items may be returned because of a possible difference of opinion with respect to the grade offered by any third-party organization, dealer or service. No guarantee of grade is offered for ungraded items sold and subsequently submitted to a third-party grading service. There are absolutely no exceptions to this policy. Multiple stamp or philatelic lots, including sets, collections, large lots, and small group lots, whether certified or not, are sold AS IS without warranty of any kind. There are absolutely no exceptions to this policy. Any stamps and philatelic items referencing a third-party certification or grading service are sold AS IS. Bidder shall solely rely upon warranties of the authentication provider issuing the certificate or opinion. Grading, condition or other attributes of any lot may have a material effect on its value, and the opinion of others, including third-party grading services may differ with that of FAA. FAA shall not be bound by any prior or subsequent opinion, determination or certification by any grading service. Bidder specifically waives any claim to right of return of any item because of the opinion, determination, or certification, or lack thereof, by any grading service. In the event FAA cannot deliver the lot or subsequently it is established that the lot lacks title, or other transfer or condition issues is claimed, FAA's liability shall be limited to the rescission of sale and refund of the Purchase Price; in no case shall FAA's maximum liability exceed the high bid on the lot, which shall be deemed for all purposes the value of the lot. After one year has elapsed from the close of the sale, FAA's maximum liability shall be limited to any commissions and fees FAA earned on the lot. The grading of stamps and philatelic items is a matter of opinion, an art and not a science, and therefore the opinion rendered by FAA or any third-party grading service may not agree with the opinion of others (including trained experts). Please email us with any specific questions. Payment All payments for lots won are due immediately upon receiving your invoice. If you do not receive an invoice via email or you are unable to pay through our online check-out system, it is your responsibility to contact us at (866) 392-6229 ext. 628 or email us at info@federalassetsauctioneers.com.