245
Lot #245 - FIFTH ELEMENT, THE (1997) - Flying Cab Model Miniature
Currency:USD
Category:Memorabilia / Movie - Props
Start Price:2,000.00 USD
Estimated At:4,000.00 - 6,000.00 USD
SOLD
4,500.00USD+ buyer's premium + applicable fees & taxes.
This item SOLD at 2020 Aug 26 @ 15:21UTC-7 : PDT/MST
Did you win this lot?
A full invoice should be emailed to the winner by the auctioneer within a day or two.
This lot will be sold on Wednesday August 26th (day 1 of the auction.) Lots 1-433 will be sold on day 1 (lots 434-870 will be sold on day 2). The auction will begin at 10:00AM PDT. Lots are sold sequentially so there is no preset ending time. A live streaming broadcast of the auction will be available on auction days.
A flying cab model miniature from Luc Besson's sci-fi adventure The Fifth Element. Model miniatures were used as background elements during the cab chase sequence in which Dallas raced through New York City's airborne traffic to protect the fugitive Leeloo (Milla Jovovich) from the police.
This resin and plastic background taxi is painted to look distressed and affixed with a metal display rod to a wooden piece of the background scenery seen in a subway tunnel during the cab chase. After filming, bullet hole detailing was added by one of the film's model makers to make this piece more closely resemble Dallas's cab in the film. The miniature is in good overall condition with some signs of wear, including discoloration to the paint and some cracking to the resin.
Dimensions: 7 1/2" x 7 1/2" x 17 1/2" (19 cm x 19 cm x 44.5 cm)
Estimate: $4,000 - 6,000
Auction Location:
28014 Harrison Pkwy, Valencia, California, 91355, United States
Sales tax, as required by law, shall be applied at the state's prevailing rate when being shipped to the following states:
California - 9.5%
Illinois - 6.25%
Kansas - 6.5%
Michigan - 6%
North Carolina - 6.75%
Ohio - 7.25%
Washington - 10.1%
Taxes:
| Tax | Rate | Desc. |
| CA |
9.5% |
State Tax |
| IL |
6.25% |
State Tax |
| KS |
6.5% |
State Tax |
| MI |
6% |
State Tax |
| NC |
6.75% |
State Tax |
| OH |
7.25% |
State Tax |
| WA |
10.1% |
State Tax |
Buyer's Premiums:
| From (Incl.) | To (Excl.) | Premium |
| 0.00 |
Infinite |
25% |
Additional Fees:
| Fee | Amount | Applicable Locations | Applied To |
| Internet Surcharge |
5%
|
Not Applicable
|
This fee applies to the total of the invoice
|
Shipping Details:
Shipping
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Payment Details:
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4.At the Auction
4.1. Estimates
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4.4.3. 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. Each Bidder understands and agrees that Prop Store, as auctioneer, is not a party to any contract for sale that results from the Auction. Risk and responsibility for the Lot (including frames or glass where relevant) passes to the Buyer upon the fall of the hammer and the Buyer should arrange insurance cover for the Lot if required.
5.After the Auction
5.1. Payment by Buyer
5.1.1. Prop Store will notify the Buyer and send (by email unless requested otherwise) a payment invoice setting out the Purchase Price and itemizing the Hammer Price, the Buyer’s Premium, plus any applicable Buyer's Expenses or sales tax, within 7 business days of the end of the Auction. Sales tax, as required by law,
shall be applied at the state's prevailing rate when being shipped to the following states:
California - 9.5%
Illinois - 6.25%
Kansas - 6.5%
Michigan - 6%
North Carolina - 6.75%
Ohio - 7.25%
Washington - 10.1%
5.1.2. Unless you have been approved for a payment plan as set forth in Paragraph 5.1(c) of the Terms and Conditions of Sale, payment of the invoice is due within 7 business days from receipt of the invoice and must be made by the Buyer
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5.1.3.1. If the 1-month payment plan is selected, the balance of the Purchase Price shall be due within 30 days of the close of the Auction.
5.1.3.2. If the 2-month payment plan is selected: 40% of the Purchase Price shall be due within 30 days of the close of the Auction; 40% of the balance of the Purchase Price shall be due within 60 days of the close of the Auction.
5.1.3.3. If the 3-month payment plan is selected: 26.66% of the Purchase Price shall be due within 30 days of the close of the Auction; 26.66% of the balance of the Purchase Price shall be due within 60 days of the close of the Auction; and 26.68% due within 90 days of the close of the Auction.
5.1.4. Prop Store offers no grace period on payment plan deadlines. If the Buyer does not adhere to payment deadline as set forth above, the Buyer shall be deemed to be in default. In the event of default all funds already paid to Prop Store shall be retained by Prop Store as liquidated damages. Moreover, Prop Store and/ or the Seller shall also be entitled to any other remedies available, whether in law or equity.
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5.2.5. Prop Store may take such other action as Prop Store deems necessary or appropriate.
5.2.6. At its option, Prop Store may pay the Seller the entirety of the balance due from the Buyer. If Prop Store pays such amount to the Seller, the Buyer acknowledges and agrees that Prop Store shall have all of the rights of the Seller against the Buyer.
5.2.7. 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.
5.3. Shipping and Storage
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5.3.2. After 14 days after close of Auction, if the Buyer has not made arrangements for and paid the shipping cost of the Lots purchased, or has otherwise failed to collect the Lots, 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.
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5.3.4. It is further the Buyer’s sole obligation and 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. The 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.
5.3.5. Unless otherwise agreed by Prop Store in writing, the fact that the Buyer wishes to apply for an export license 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. Prop Store shall not be obligated 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.
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5.4. Prop Store’s Liability
5.4.1. Except where expressly stated to the contrary above, under no circumstance will Prop Store incur liability to any Bidder or Buyer in excess of the purchase price actually paid.
5.4.2. 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, lockouts 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 its control is over, following which a new collection or shipping date can be agreed.
6.Terms of Guarantee
6.1. 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 catalog, 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.
6.2. 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.
6.3. 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.
6.4. 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.
6.5. 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.
7.Warranties and Representations
7.1. The copyright in all images, illustrations and written material produced by or for Prop Store relating to this auction, is and shall remain at all times the property of Prop Store and/or the Consignor. The purchase of these items does not include ownership in or to the trademarks registrations, copyrights and/or any other intangible intellectual properties associated with this item. Therefore purchase of this item does not permit the Buyer to replicate or to exploit this item otherwise. The Buyer agrees to indemnify and hold harmless Prop Store and its directors, employees, affiliates, contractors and agents from any third-party claims, actions, suits, judgments, losses, damages, costs and expenses (including reasonable attorneys’ fees) asserted against or incurred by Prop Store that arise out of or result from any act or omission by the Buyer arising out of or relating to the Buyer’s infringement of any copyrights or trademarks in or to the items or Images.
7.2. Prop Store neither warrants nor represents that the Buyer’s use of any materials displayed on the site will not infringe rights of third parties not owned by or affiliated with Prop Store.
7.3. In the catalog 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 programs 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 program. In all cases, the use of the titles or other elements of a motion picture or other program is for informational purposes only.
7.4. Prop Store makes no warranty or representation regarding the fitness for any purpose or merchantability of any lot sold. All lots are sold “as is.”
7.5. 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. While Prop Store uses reasonable efforts to include accurate and up to date information in this auction, Prop Store makes no warranties or representations as to its accuracy. Prop Store assumes no liability or responsibility for any errors or omissions in the content of the auction. Any reference images appearing within Prop Store's auction listings are solely for reference purposes and are not intended or deemed to be a representation or warranty of the item depicted within the image.
7.6. All items are sold as collectibles and/or memorabilia for display purposes only, and are not deemed, intended, represented, or implied to be fit for any other purpose. The Buyer assumes all risks of loss and/or injury, including, but not limited to, personal injury or property damage, arising from or related to any other use of the item. The Buyer understands and agrees that Prop Store shall have no liability for any such loss or injury and the Buyer expressly releases Prop Store from any such loss or injury.
7.7. Except as expressly provided herein, Prop Store shall have no liability to any Bidder or Buyer with respect to any Lot and all and any implied warranties and conditions are excluded to the fullest extent permitted by law.
7.8. Each Bidder and Buyer expressly agrees that Prop Store shall not be liable in whole or in part, for, and no Bidder or Buyer shall be entitled to recover, any special, indirect, incidental or consequential damages including loss of profits or value of investment or opportunity cost, for any breach of any warranty, representation, or guarantee set forth herein.
8.Other Important Terms
8.1. If any part of these Conditions is found by any arbitrator or court of competent jurisdiction 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.
8.2. The contract is between the Seller, the Buyer and Prop Store and no other person shall have any rights to enforce any of its terms.
8.3. 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.
8.4. These Conditions shall be enforced in accordance with and governed by the laws of the State of California, without regard to its choice of law provisions.
8.5. Any claim or controversy arising out of or relating to the sale of the item between any Bidder/Buyer and Prop Store shall be submitted to arbitration in Los Angeles County, California before an arbitrator from the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) and conducted under its Comprehensive Arbitration Rules, as the exclusive remedy for such claim or controversy. The parties further agree that the arbitration shall be conducted before a single JAMS arbitrator who is a retired California or federal judge or justice. By agreeing to arbitrate, the parties waive any right they have to a court or jury trial. The decision of the arbitrator shall be final and binding. The parties further agree that, upon application of the prevailing party, any Judge of the Superior Court of the State of California, for the County of Los Angeles, may enter a judgment based on the final arbitration award issued by the JAMS arbitrator, and the parties expressly agree to submit to the jurisdiction of this Court for such a purpose. The prevailing party shall be entitled to recover the party’s attorneys’ fees and costs incurred in connection with the arbitration.