173
FLASH, THE #129 (1962) - Carmine Infantino and Joe Giella Page 1 Title Splash Artwork
Currency:GBP
Category:Memorabilia / Movie - Memorabilia
Start Price:22,500.00 GBP
Estimated At:45,000.00 - 50,000.00 GBP
NOT SOLD (BIDDING OVER)
0.00GBP+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2018 Sep 20 @ 12:00UTC+01:00 : BST/CET
Hand-drawn page one title splash artwork by Carmine Infantino and Joe Giella featuring the Silver Age and Golden Age versions of the Flash (Barry Allen and Jay Garrick), as they face off against Captain Cold and Trickster in The Flash #129.
This original pencilled-and-inked artwork is drawn on Bristol board by penciller Carmine Infantino and inker Joe Giella. The page shows the Flashes jumping back as they are attacked by Captain Cold and Trickster, who introduce each other in speech balloons. At the top of the board is the title art, along with two speech balloons discussing the Flash team up, and a third balloon that reads “DOUBLE DANGER ON EARTH”. The piece is autographed at the bottom by the editor in black ink and reads, “Julius Schwartz 1997”.
Included with the lot is a reference copy of The Flash #129, the comic book in which this art was originally published. The comic book has been autographed on the cover by inker, Joe Giella. Some white-out correction fluid is present, and the piece has been professionally cleaned to remove a stain below Trickster, but the artwork remains in very fine condition. Dimensions: 35.5 cm x 54 cm (14” x 21 ¼”)
Please note this lot is sold without copyright, reproduction rights, licencing agreements or any other type of legal release.
£45,000-50,000
VAT Status - Omega
Auction Location:
1 Charlie Chaplin Walk, Waterloo, London, SE1 8XR, United Kingdom
Previewing Details:
2 week exclusive Preview Exhibition At The BFI IMAX Waterloo
6th - 20th September 2018
1 Charlie Chaplin Walk, London, SE1 8XR
Buyer's Premiums:
| From (Incl.) | To (Excl.) | Premium |
| 0.00 |
Infinite |
23% |
Additional Fees:
Shipping Details:
Shipping
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Payment Details:
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5.2.4. [†] These lots are sold under standard VAT rules. For buyers within the EEC, 20% VAT will be due on the hammer price; 20% VAT will also be due on the Buyer’s premium. If EEC based buyer is a business outside of the U.K. who has provided their VAT number, no VAT will be due. When lots are exported outside the EEC (proof of export required or shipped by Prop Store or through Prop Store’s authorised shipper), no VAT will be due on the hammer price; 20% VAT will be due on the Buyer’s premium only ; unless items are exported to a registered business outside the EEC, in which case no VAT is due.
[O] These lots have been temporarily imported from outside the EEC for sale at auction in London. For buyers within the EEC (private individuals or registered businesses), 5% VAT will be due on the hammer price; 20% VAT will also be due on the Buyer’s premium. When lots are exported outside the EEC (proof of export required or shipped by Prop Store or through Prop Store’s authorised shipper), no VAT will be due.
[?] These lots are sold under the margin scheme. For buyers within the EEC (private individuals or registered businesses), no VAT will be due on the hammer price; 20% VAT will be due on the Buyer’s premium. When lots are exported outside the EEC (proof of export required or shipped by Prop Store or through Prop Store’s authorised shipper), no VAT is due.
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4. Catalogue descriptions and condition of Lots
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6.6. Prop Store will use reasonable efforts to execute written bids delivered before the Auction for Bidders unable to attend the auction in person, by an agent or by telephone or online. All such written bids must be made on Prop Store’s Absentee Bids Form (in the catalogue).
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6.11. Subject to the auctioneer’s reasonable discretion, the Bidder placing the highest bid accepted by the auctioneer will be the Buyer and the striking of his hammer marks the acceptance of the highest bid and the conclusion of a contract for sale between the Seller and the Buyer. Risk and responsibility for the Lot (including frames or glass where relevant) passes to the Buyer on the date seven calendar days from the date of the sale or on collection by the Buyer if earlier and the Buyer should arrange insurance cover for the Lot if required.
7. After the Auction
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7.5. Title in the Lot will pass to Buyer and the Lot will be made available for collection by the Buyer only when Prop Store is completely satisfied that all monies owing have been paid in full.
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7.7. Credit card payments are only acceptable on the express understanding that the Lot is not returnable, refundable nor exchangeable and no charge card credit or refund may be issued in the event of any such return. If payment is made by credit card, Buyer will not undertake any action or effort to stop payment, seek a refund, or attempt a charge back of such amounts – or any Credit Card Fee assessed thereon – by the issuer of the credit card.
7.8. [†] These lots are sold under standard VAT rules. For buyers within the EEC, 20% VAT will be due on the hammer price; 20% VAT will also be due on the Buyer’s premium. If EEC based buyer is a business outside of the U.K. who has provided their VAT number, no VAT will be due. When lots are exported outside the EEC (proof of export required or shipped by Prop Store or through Prop Store’s authorised shipper), no VAT will be due on the hammer price; 20% VAT will be due on the Buyer’s premium only; unless items are exported to a registered business outside the EEC, in which case no VAT is due.
[O] These lots have been temporarily imported from outside the EEC for sale at auction in London. For buyers within the EEC (private individuals or registered businesses), 5% VAT will be due on the hammer price; 20% VAT will also be due on the Buyer’s premium. When lots are exported outside the EEC (proof of export required or shipped by Prop Store or through Prop Store’s authorised shipper), no VAT will be due.
[?] These lots are sold under the margin scheme. For buyers within the EEC (private individuals or registered businesses), no VAT will be due on the hammer price; 20% VAT will be due on the Buyer’s premium. When lots are exported outside the EEC (proof of export required or shipped by Prop Store or through Prop Store’s authorised shipper), no VAT is due.
[US] These lots are currently located in Prop Store’s Los Angeles facility and will ship directly to the buyer from the Los Angeles facility. For buyers within the EEC (private individuals or registered businesses), no VAT will be charged by Prop Store on the hammer price; 20% VAT will be due on the Buyer’s premium. For buyers outside the EEC, no VAT will be charged by Prop Store. 7.9. The Buyer will not acquire title to the Lot until all amounts due to the Seller and Prop Store from the Buyer have been received by Prop Store in cleared funds even in circumstances where Prop Store has released the Lot to the Buyer.
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7.12. In addition to its rights in condition 7.11 and at law, in the event of default by the Buyer, Prop Store may take one or more of the following actions:
7.12.1. hold the Buyer liable for the total amount due and commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law;
7.12.2. cancel the sale;
7.12.3. resell the Lot publicly or privately on such terms as Prop Store shall think fit;
7.12.4. pay the Seller an amount up to the net proceeds payable in respect of the Hammer Price; 7.12.5. set off against any amounts which Prop Store may owe to the Buyer in any other transactions, some or all of the outstanding amount remaining unpaid by the Buyer;
7.12.6. apply any amount paid to discharge any amount owed in respect of any particular transaction, whether or not the Buyer so directs;
7.12.7. reject at any future auction any bids made by or on behalf of the Buyer or to require a deposit from the Buyer before accepting any further bids;
7.12.8. exercise all the rights and remedies of a person holding security over any Lot in Prop Store’s possession owned by the Buyer, whether by way of pledge, security interest or in any other way, to the fullest extent permitted by the law of the place where such Lot is located. The Buyer will be deemed to have granted such security to Prop Store and it may retain such Lot as collateral security for such Buyer’s obligations;
7.12.9. take such other action as Prop Store deems necessary or appropriate. If Prop Store resells the Lot under condition 7.12.3 above, the Buyer shall be liable for payment of any deficiency between the total amount originally due to Prop Store and the amount received upon resale as well as all reasonable costs, expenses, damages, legal fees and commissions and premiums of whatever kind associated with both sales or otherwise arising from the default. If Prop Store pays any amount to the Seller under condition 7.12.4 above, the Buyer acknowledges that Prop Store shall have all of the rights of the Seller, however arising, to pursue the Buyer for such amount.
7.13. Prop Store shall be entitled to retain Lots sold until all amounts due have been received in full in good cleared funds or until the Buyer has performed any other outstanding obligations as Prop Store shall reasonably require. Subject to this, the Buyer shall collect, or have shipped or collected for shipment, purchased Lots within 7 calendar days from the date of the sale unless otherwise agreed between Prop Store and the Buyer. Lots can be collected in person by appointment only.
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7.15. Prop Store recommends working with its preferred third-party independent freight agent Precision Cargo on any questions regarding importing and exporting Lots.
7.16. Although Prop Store shall use reasonable efforts to take care when selecting third parties for these purposes, the Buyer will contract directly with such third party and Prop Store accepts no liability or responsibility for the acts or omissions of any such third parties. Similarly, where Prop Store suggests other handlers, packers or carriers, its suggestions are made on the basis of its general experience of such parties in the past and Prop Store is not responsible to any person to whom it has made a recommendation for the acts or omissions of the third party concerned.
7.17. It is the Buyer’s sole obligation and responsibility to be aware of, to comply with, and to pay for all relevant import duties, taxes, VAT, customs and other fees charged in the Buyer’s local jurisdiction. Prop Store will ship all packages with the full value of the Lot declared. Buyer understands and agrees that Prop Store shall have no obligation or responsibility for any import duties, taxes, VAT, customs, shipping or other charges for the Lots shipped. Failure by the Buyer to pay all necessary amounts may result in the relevant authorities returning the Lot to Prop Store and in those circumstances the Buyer will be charged and will pay storage cost and Prop Store’s additional reasonable costs and expenses.
7.18. It is the Buyer’s responsibility to ensure that any Lot purchased from Prop Store enters the shipping location lawfully, that all duties and taxes have been paid and that all required export procedures, regulations, and laws were properly complied with. Buyer understands and agrees that Prop Store shall have no obligation or responsibility for complying with any export procedures, regulations, or laws applicable to the Lot.
7.19. Unless otherwise agreed by Prop Store in writing, the fact that the Buyer wishes to apply for an export licence does not affect or postpone the Buyer’s obligation to make payment in accordance with Prop Store’s payment terms nor Prop Store’s right to charge interest or storage charges on late payment. If the Buyer requests Prop Store to apply for an export licence on his or her behalf, Prop Store shall be entitled to make a charge and be paid for this service. Prop Store shall not be obliged to rescind or cancel a sale nor to refund any monies paid by the Buyer to Prop Store as a result of or related to the Buyer’s failure or inability to obtain an export license.
7.20. Where Lots are not collected within 14 calendar days from the due date of payment, whether or not payment has been made, a storage fee of 3% of the Hammer Price per month shall be charged to the Buyer. If the Buyer has failed to pay the Purchase Price and the cost of shipping and handling, Prop Store, at its option may cancel the sale.
8. Use of information
8.1. Prop Store will hold all personal information provided by the Bidder at registration and the Bidder agrees and consents to such information being used by Prop Store to:
8.1.1. make available each Lot for shipping to the Buyer;
8.1.2. process the Buyer’s payment;
8.1.3. contact credit reference agencies and keep records of any searches carried out on Prop Store’s behalf;
8.1.4. inform the Bidder about other auctions, products and services provided by Prop Store if the Bidder chose to opt-in. Please contact Prop Store by email at enquiries@propstore.com or by phone +44 (0)1494 766485 if you wish to stop receiving these;
8.1.5. inform the Bidder about important auction updates.
9. Liability
9.1. If Prop Store fails to comply with these Conditions it is responsible for loss or damage a Buyer suffers that is a foreseeable result of Prop Store’s breach or its negligence. Prop Store is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if an obvious consequence of Prop Store’s breach or if contemplated by the Buyer and Prop Store at the time the hammer falls on the Lot at the Auction.
9.2. Subject to condition 9.3, Prop Store’s liability shall be limited to the amount actually paid for the Lot by the Buyer. Save to the extent required by law, in no event shall Prop Store be liable for incidental or consequential damages of any kind.
9.3. Prop Store does not exclude or limit its liability for:
9.3.1. death or personal liability caused by its negligence or the negligence of its employees, agents or subcontractors;
9.3.2. fraud or fraudulent misrepresentation; and
9.3.3. breach of the terms implied by sections 12, 13, 14 and 15 of the Sale of Goods Act 1979 (title, description, quality and fitness for purpose) save to the fullest extent permissible at law.
10. Terms of Guarantee of Attribution
10.1. Prop Store warrants the attribution of each Lot as stated in the title block (film title and item title) of that Lot in the Auction catalogue, subject to any revisions (which may be given in writing or online before or during the Auction at which the Lot is purchased by the Buyer); this is Prop Store's Guarantee of Attribution. Buyers should be aware that multiple examples of props and costumes are frequently used during production and it is often impossible to determine whether a specific piece has been used on-camera. Any specific on-camera usage known to Prop Store will be noted within the description, but no warranties are given by Prop Store on that description.
10.2. If a Buyer demonstrates, to Prop Store’s reasonable satisfaction, that the Guarantee of Attribution is materially incorrect, the sale will be rescinded if the Lot is returned to Prop Store in the same condition in which it was at the time of sale. In order to satisfy Prop Store that the Guarantee of Attribution is materially incorrect, Prop Store reserves the right to require the Buyer to obtain, at the Buyer’s expense, the opinion of two experts in the field, mutually acceptable to Prop Store and the Buyer.
10.3. In the event a sale is rescinded in accordance with condition 10.2, Prop Store shall repay to the Buyer the Purchase Price. Repayment of the Purchase Price shall be the Buyer’s sole remedy for an incorrect Guarantee of Attribution, to the exclusion of all other remedies to the extent permissible at law. It is specifically understood that this will be considered the Buyer’s sole remedy under this clause 10.
10.4. The Buyer expressly agrees that Prop Store shall not be liable in whole or in part, for, and the Buyer shall not be entitled to recover, any special, indirect, incidental or consequential damages including loss of profits or value of investment or opportunity cost.
10.5. Bidders are aware that description revisions may occur on some Lots, and should inquire before the Auction whether any description revisions have occurred on a given Lot and/or examine a lot before bidding on it. Prop Store will make all reasonable efforts to make description revisions readily available during the Auction.
10.6. Except as expressly provided in these Conditions Prop Store shall have no liability to the Buyer in respect of a Lot and all and any implied warranties and conditions are excluded to the fullest extent permitted by law.
11. Intellectual property rights
11.1. The copyright in all images, illustrations and written material produced by or for Prop Store relating to a Lot (including the contents of the Auction catalogue), is and shall remain at all times the property of Prop Store and shall not be used by the Buyer, nor by anyone else, without Prop Store’s written consent. Prop Store and the Seller make no representation or warranty that the Buyer of a Lot will acquire any copyright or other reproduction rights in it.
11.2. In the catalogue descriptions, Prop Store takes steps to identify and provide provenance for Lots offered at auction. In many cases, the Lots offered were used in or in conjunction with motion pictures or other programmes and information is furnished in order to fully identify and describe the Lot offered at Auction, including photographs and illustrations. Prop Store in no way claims any connection to or relationship with the producers of the motion picture or other programme. In all cases, the use of the titles or other elements of a motion picture or other programme is for informational purposes only.
12. Events outside our control
Prop Store will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Conditions that is caused by an event outside its control, that being any act or event beyond Prop Store’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. Prop Store’s obligations shall be suspended and time for performance extended until such time as the event outside it’s control is over, following which a new collection or shipping date can be agreed.
13. Other important terms
13.1. If any part of these Conditions is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law.
13.2. The contract is between the Seller, Buyer and Prop Store and no other person shall have any rights to enforce any of its terms.
13.3. If Prop Store fails to insist on performance of any of a Buyer’s obligations under these Conditions, or if it delays in doing so, that will not mean that Prop Store has waived its rights against the Buyer and does not mean the Buyer no longer has to comply with those obligations.
13.4. These Conditions are governed by English law, without regard to its choice of law provisions. The Parties agree that any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation may be brought in any court of competent jurisdiction located in England or Wales or, alternatively, in any court of competent jurisdiction where Prop Store or the Bidder/Buyer resides, at the option of the Party bringing the claim, only. The Parties expressly agree to the jurisdiction of such courts and agree to submit to the jurisdiction of such courts. The prevailing party shall be entitled to an award of all attorneys’ fees, costs and expenses incurred by it/him/her in connection with the dispute. “Attorneys’ fees and expenses” includes, without limitation, paralegals’ fees and expenses, attorneys’ consultants’ fees and expenses, expert witness’ fees and expenses, and all other expenses incurred by the prevailing party or its attorneys in the course of their representation of the prevailing party in anticipation of and/or during the course of the litigation, whether or not otherwise recoverable as “attorneys’ fees” or as “costs” under applicable law; and the same may be sought and awarded in accordance with applicable procedure as pertaining to an award of contractual attorneys’ fees.
13.5 By registering for this auction, the supplied card will automatically have a sum of £0.01 held and subsequently returned within 30 working days to verify the validity of the card.
13.6 The buyer is solely responsible for ascertaining that each lot sold with copyright is otherwise cleared for publication including but not limited to satisfying any publicity right that persons appearing in an image may have under any statute or common law. Neither the consignor nor Prop Store Ltd makes any representation or warranty as to any matters that need to be cleared prior to publication. No representation or warranty is made regarding copyright outside of the United Kingdom. All publication issues should be referred to the buyer’s own professional advisors. All representations or warranties as to copyright or rights to publish are solely made by the consignor and not Prop Store Ltd; the buyer agrees that Prop Store Ltd. will not be liable to Buyer in any respect for alleged breach of any such representation or warranty.