323
Lot # 323: Dr. Mercer's Pen and Borderline Personality Disorder Notes on Young Benjamin 'Dex' Poinde
Currency:USD
Category:Memorabilia / Television - Props
Start Price:100.00 USD
Estimated At:200.00 - 300.00 USD
SOLD
250.00USD+ buyer's premium + applicable fees & taxes.
This item SOLD at 2019 Aug 12 @ 15:25UTC-8 : PST/AKDT
Did you win this lot?
A full invoice should be emailed to the winner by the auctioneer within a day or two.
Dr. Mercer’s pen and borderline personality notes on young Benjamin ‘Dex’ Poindexter from the episode ‘The Perfect Game’ (305) of Marvel's Daredevil. In the episode, Dr. Mercer uses a pen to take notes on young Poindexter’s increasingly psychopathic personality. This lot consists of a spiral-bound, lined paper notepad with notations throughout and a stainless steel pen. It is in good overall condition, with light wear to the notepad from production.
Auction Location:
28014 Harrison Pkwy, Valencia, California, 91355, United States
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 sales tax, within 7 business days of the end of the Auction. For all sales within California, sales tax at the prevailing rate (currently 9.5%) will be applied to the Purchase Price. For all sales within Washington state, sales tax at the prevailing rate (currently 6.5%) will be applied to the Purchase Price. For all sales within Illinois, sales tax at the prevailing rate (currently 6.25%) will be applied to the Purchase Price. Delivery addresses outside California, Washington, or Illinois will be exempt from sales tax. 5.1.2. Payment of the invoice is due within 7 business days from receipt of the invoice and must be made by the Buyer. Payments from any other source will not be accepted and shall be returned by Prop Store.
Buyer's Premiums:
| From (Incl.) | To (Excl.) | Premium |
| 0.00 |
Infinite |
25% |
Additional Fees:
Shipping Details:
No Info Available
Payment Details:
Payment by Buyer
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 sales tax, within 7 business days of the end of the Auction. For all sales within California, sales tax at the prevailing rate (currently 9.5%) will be applied to the Purchase Price. For all sales within Washington state, sales tax at the prevailing rate (currently 6.5%) will be applied to the Purchase Price. For all sales within Illinois, sales tax at the prevailing rate (currently 6.25%) will be applied to the Purchase Price. Delivery addresses outside California, Washington, or Illinois will be exempt from sales tax. 5.1.2. Payment of the invoice is due within 7 business days from receipt of the invoice and must be made by the Buyer. Payments from any other source will not be accepted and shall be returned by Prop Store.
Payment plans may be available in increments of up to 3 months. Buyers wishing to utilize the payment plan service, if approved by Prop Store, shall be required to pay a deposit of 20% of the Purchase Price (the “Deposit”), within 7 calendar days of being invoiced. The balance of the Purchase Price shall then be split over 1, 2 or 3 months, at the Buyer’s option. The payments of the remaining balance shall be made as follows:
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.
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.
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.
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erms & Conditions
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Lot
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All Lots are sold subject to their condition at the date of the Auction. The nature and age of the Lots mean they are often unique and are likely to have wear and tear, damage and other imperfections. By making a bid, the Bidder accepts the actual condition of the Lot and acknowledges that if a bid is successful, the Buyer will buy the Lot “as is”.
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Before the Auction
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email at enquiries@propstore.com or by phone +1 818 727 7829 if you do not wish for your information to be used for such a purpose).
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4.At the Auction
Estimates
4.1.1.
Estimates represent Prop Store’s guide to Bidders and do not give any indication or representation of actual values or likely bids. Estimates do not include any Buyer’s Premium or sales tax.
4.1.2.
Prop Store reserves the right to amend its estimates from time to time.
4.2 Reserve Price
4.2.1
The majority of lots in this auction are sold with no Reserve Price; certain lots are sold with Reserve Price. The Reserve Price is the minimum price the Seller will accept for a Lot. The Reserve Price may be more than the lowest estimate given by Prop Store. Prop Store may disclose or keep confidential the Reserve Price at its entire discretion.
4.1Bidding Process
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All bids are by individual Lot unless the auctioneer states to the contrary during the live Auction. Lots will usually be sold in their numbered sequence, unless the auctioneer announces otherwise at the Auction.
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in respect of bids made online, by telephone or by proxy.
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4.3Auctioneer's Authority
The auctioneer has the right to exercise reasonable discretion in refusing any bid, advancing the bidding in such a manner as he or she may decide, dividing any Lot, combining any two or more Lots and, in the case of error or dispute, and whether during or after the sale, determining the successful Buyer, continuing the bidding, cancelling the sale or reoffering and reselling the Lot in dispute. If any dispute arises after the sale, then, in the absence of any evidence to the contrary the sale record maintained by the auctioneer will be conclusive.
The auctioneer shall have sole discretion to accept or decline any bid.
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5.After the Auction
Payment by Buyer
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 sales tax, within 7 business days of the end of the Auction. For all sales within California, sales tax at the prevailing rate (currently 9.5%) will be applied to the Purchase Price. For all sales within Washington state, sales tax at the prevailing rate (currently 6.5%) will be applied to the Purchase Price. For all sales within Illinois, sales tax at the prevailing rate (currently 6.25%) will be applied to the Purchase Price. Delivery addresses outside California, Washington, or Illinois will be exempt from sales tax. 5.1.2. Payment of the invoice is due within 7 business days from receipt of the invoice and must be made by the Buyer. Payments from any other source will not be accepted and shall be returned by Prop Store.
Payment plans may be available in increments of up to 3 months. Buyers wishing to utilize the payment plan service, if approved by Prop Store, shall be required to pay a deposit of 20% of the Purchase Price (the “Deposit”), within 7 calendar days of being invoiced. The balance of the Purchase Price shall then be split over 1, 2 or 3 months, at the Buyer’s option. The payments of the remaining balance shall be made as follows:
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.
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.
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.
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No title to any Property shall pass to the Buyer except upon payment in full of the Purchase Price, and any and all other sums due to Prop Store and/or the Seller, even in circumstances where Prop Store has released the Lot to the Buyer. Among other remedies available to Prop Store and the Seller for failure to render full payment of the Purchase Price, Prop Store and/or the Seller shall be entitled to immediate possession of the Lot purchased by the Buyer, if delivered to the Buyer.
Prop Store vouchers and other discount codes are not valid as payment for auction items.
5.1.7. Only the memorabilia item(s) shown in the photos of a given product listing is included in the sale. Mannequins, display stands, and scale measures
are not included with your purchase, unless expressly stated in the product description.
The Buyer agrees that Prop Store will charge the credit card provided at registration for all items purchased at auction, and any future Prop Store auctions in which the Buyer participates if not paid within 7 calendar days after invoicing.
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Prop Store may take such other action as Prop Store deems necessary or appropriate.
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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.
5.3Shipping and Storage
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its suggestions are made on the basis of its general experience of such parties in the past. Although Prop Store shall use reasonable efforts to take care when selecting third parties for shipping and delivery, and the Buyer understands and agrees that 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.
5.4Prop Store's Liability
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.
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6.Terms of Guarantee of Attribution
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 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.
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.
.Warranties and Representations
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.
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.
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.
Prop Store and the Consignor make no representations or warranties, express or implied, regarding the Property or that the Property is in compliance with any applicable city, state or federal laws or code, including, without limitation, any warranties imposed by law, whether now known or hereafter enacted, and any such representations and warranties, express or implied, are hereby expressly disclaimed. Buyer acknowledges and agrees that buyer is aware of actual and/or potential damage to any items prior to purchasing any Property in the auction and buyer agrees to assume all risks associated with the Property, including, without limitation, any patent or latent defects or consequential damages buyer may suffer as a result of the ownership of the Items. No buyer of the Property may use the Property for a commercial purpose and buyer shall be liable for any claims arising out of such use, including but not limited to claims relating to rights of privacy, rights of publicity, defamation, copyright infringement, or trademark infringement. Buyer acknowledges and agrees that buyer is not receiving any transfer of copyright, trademark or other intellectual property right from Prop Store, the Consignor, or their respective successors or assigns in the Property, all of which are specifically reserved by the Consignor. PROP STORE AND THE CONSIGNOR EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION REGARDING THE PROPERTY. IN ADDITION, PROP STORE AND THE CONSIGNOR MAKE NO REPRESENTATION, GUARANTEE OR WARRANTY WITH RESPECT TO THE CONDITION OF THE PROPERTY OR THAT THE PROPERTY WILL BE FUNCTIONAL AND EXPRESSLY DISCLAIM ALL SUCH REPRESENTATIONS, WARRANTIES AND GUARANTEES. MOREOVER, NO MANUFACTURING WARRANTIES, IF ANY, SHALL SURVIVE THE SALE OF THE PROPERTY.
8.Other Important Terms
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.
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.
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.
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.
Shipping
We strongly advise all bidders to request a shipping quote prior to bidding.
Buyer pays all shipping costs. The buyer is responsible for all fees including duties, taxes, VAT, customs and other charges for items shipped. All property must be shipped at the buyer's expense. It is each buyer's sole obligation and responsibility to be aware of, to comply with, and to bear all relevant import duties, taxes, VAT, customs and other fees charged by buyer's local government and/or tax authority. Prop Store will ship all packages with the full value of the goods 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 items shipped.
It is the Buyer's responsibility to ensure that any property 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 property.
In the event that a customer refuses to accept a shipment due to import duty charges, and the item is returned to Prop Store, the customer shall be subject to a charge of 20% of the purchase price of the returned item, plus all shipping charges incurred in the shipment and return shipment of the item. The balance of the price paid for the item will be issued only as a store credit to be used against future purchases. Store credits are proprietary to each office of Prop Store, and may not be transferred to another office.