5756
Tales From the Crypt #40 Gaines File pedigree Certificate Missing (EC, 1954) CGC NM- 9.2 Off-white p
Currency:USD
Category:Collectibles / Comics
Start Price:NA
Estimated At:400.00 - 748.00 USD
NOT SOLD (BIDDING OVER)
0.00USD+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2003 Mar 08 @ 10:30UTC-5 : EST/CDT
Tales From the Crypt #40 Gaines File pedigree Certificate Missing (EC, 1954) CGC NM- 9.2 Off-white pages. The undead rises out from the maw of a mutant giant hairy clam as a skin diver looks on in sheer horror on this masterfully drawn Jack Davis cover. Even the fish are fleeing in utter terror. Consequently, is it any wonder that the Senate used this cover in its hearings on comics and juvenile delinquency? This issue also has art by George Evans, Bernie Krigstein, and "Ghastly" Graham Ingels. This stunning high-grade copy has tremendous eye appeal and is a must for any EC collector. There is no Gaines File certificate accompanying this lot. Overstreet 2002 NM 9.4 value = $460. Important notice: We expect to be auctioning lots at the rate of 200-250 per hour. Sometimes eBay Premier live bid software cannot keep up with that pace, so we strongly recommend that you place a realistic proxy bid now as insurance to avoid disappointment. Also please note that all Heritage/CAA lots purchased through eBay Premier carry a 20% Buyer's Premium. Please make sure you read the Terms and Conditions.
Auction Location:
United States
Previewing Details:
Thursday March 6th – 12 noon – 7pm, Friday March 7th 10am – 7pm, Sat March 8th 9am – 7pm, Sun March 9th 10am – 12 Noon
Lots delivered in the States of Texas, California, or other state where the auction may be held, are subject to all applicable state and local taxes, unless appropriate permits are on file with us.
Additional Fees:
Shipping Details:
Buyer pays all appropriate Shipping,
Handling and insurance costs per #17 in the terms and conditions
Payment Details:
All sales are strictly for cash in United States dollars. Cash includes:
U.S. currency, travelers checks, bank money orders, all subject to reporting
requirements. Personal or corporate checks may be subject to clearing before
delivery of the purchases.
<p>1. This is a public auction, Internet, and mail-bid sale held by Heritage Comics Auctions, Inc., a licensed or bonded auctioneer (the "Auctioneer"). Internet bids can be placed through the Heritage Web Site (www.HeritageComics.com) before Midnight CST before the session on sale. We urge you to bid early and if bidding on eBay we suggest registering at least 48 hours in advance on eBays website.
<p><b>Regarding Consignors</b>
<p>2. THE CONSIGNOR OF PROPERTY MAY PARTICIPATE IN THE AUCTION BY BID AND MAY PURCHASE HIS LOT(S) FROM THE AUCTION SALE. Notice of the consignor’s liberty to bid in the sale on his lots is hereby made in accordance with Article 2 of the Texas Uniform Commercial Code. A CONSIGNOR IS REQUIRED TO PLACE HIS BIDS ON HIS PROPERTY NO LATER THAN 48 HOURS PRIOR TO THE END OF THE AUCTION. IF THE CONSIGNOR IS THE SUCCESSFUL BIDDER ON HIS LOT(S) AND HAS FAILED TO PLACE HIS BIDS ON THOSE LOTS MORE THAN 48 HOURS PRIOR TO THE END OF THE AUCTION, THEN THE CONSIGNOR IS REQUIRED TO PAY BOTH THE APPROPRIATE SELLER’S FEE AND BUYER’S PREMIUM. IF THERE IS A RESERVE BID ON A LOT, BIDDING WILL GENERALLY OPEN AT 100% OF THE RESERVE BID. A consignor who has placed his bids on his lots more than 48 hours prior to the end of the Auction Sale may pay a different fee than the Buyer’s Premium. The Buyer’s Premium and/or such fee are payable by the consignor-buyer as part of the total purchase price. Consignors and their agents are expressly prohibited from placing any reserve bids on their own material through the Interactive Internet program; any consignor so doing will pay full commissions.
<p><b>Regarding Participation</b>
<p>3. A Buyer’s Premium is charged in addition to the successful bid. The applicable buyer's premium for this Auction Sale is an amount equal to 20% (minimum $6 per lot) of the successful bid.
<p>4. All bids are to be per lot as numbered in this catalog, and no lots will be broken. Bids will be accepted in whole dollar amounts only. In the event of any numbering discrepancy with the Internet version of the catalog, the printed version will govern.
<p>5. Bidders who do not have established credit with the Auctioneer must furnish satisfactory credit and two industry references well in advance of the sale date, or send a deposit of 25% of their bids which is applicable to purchases. Any portion of such deposit not used will be held on account until refund is requested. Bids from our Interactive Internet program will only be accepted from pre-registered bidders. Bidders should pre-register at least seven days before the first session to allow adequate time to contact references.
<p>6. All bidders who have mailing addresses outside the United States of America, the Territories of the USA, Canada or Mexico, or have addresses through the U.S. Military, must deposit with the Auctioneer 25% of the total amount bid in United States dollars. Any portion of such deposit not used will be held on account until refund is requested. Also, persons who have APO or FPO box numbers must deposit 25%.
<p>7. The Auctioneer reserves the right to refuse to honor any bid or to limit the amount of any bid which, in his opinion, is not submitted in "Good Faith", or, as the case dictates, is not supported by satisfactory credit and industry references, as the Auctioneer in its sole discretion shall determine. A bid is considered not made in "Good Faith" when it is made by an insolvent or irresponsible person, or a person under the age of eighteen. Auctioneer reserves the right to exclude any person it deems in its sole opinion is disruptive to the Sale or is otherwise commercially unsuitable. Regardless of the disclosure of his identity, any bid by a consignor or his agent is deemed to be made in "Good Faith". In the event a successful bidder fails to pay all amounts due, the Auctioneer reserves the right to resell the merchandise and the buyer agrees to pay for the reasonable costs of such a sale, including a 5% seller’s commission, and also to pay any difference between the resale price and the price of his previously successful bid. Auctioneer reserves the right to rescind the sale in the event of nonpayment, breach of a warranty, disputed ownership, auctioneer’s clerical error or omission in exercising bids and reserves or otherwise. All bidders must meet Heritage’s qualifications to bid. Any bidder who is not a customer in good standing at Heritage will be disqualified and will not be awarded lots. Heritage reserves the right to disqualify any bidder even after the close of the auction.
<p>8. No buy or unlimited bids will be accepted. Mail/FAX/Internet bidders will be awarded lots at approximately a 5-10% advance over the second highest bid. No additional commission is charged for executing mail/FAX/Internet bids other than the Buyer’s Premium applied to all successful bids.
<p>9. The Auctioneer cannot be responsible for your errors in bidding, so check your bid sheet carefully. When identical mail or FAX bids are submitted, preference is given to the first received; the program evaluates Internet bids as being first received. If a mail/FAX/Internet bidder and a floor bidder have called identical bids, preference is given to the first received, but the decision of the Auctioneer and declaration of the winning bidder is final. The Auctioneer is not responsible for executing mail bids or FAX bids received on or after the day the first lot is sold, nor Internet bids submitted after the published closing time, nor is the Auctioneer responsible for proper execution of bids submitted by telephone, mail, FAX, e-mail, Internet, or in person once the auction begins. To ensure the greatest accuracy, your bids should be entered on the standard bid sheet form and be received at the Auctioneer’s place of business at least two business days in advance of the sale date. Internet bids may not be withdrawn until written confirmation is received and acknowledged by Auctioneer (FAX: 214-443-8425); such requests must state the reason, and may constitute grounds for withdrawal of bidding privileges. Lots won by mail bidders will not be delivered at the auction.
<p>10. It is recommended that bidders approach or exceed the estimates in order to increase the chances of bidding successfully.
<p>11. The Auctioneer reserves the right to group two or more lots together, or to withdraw, prior to a call for bids, any lot or lots from the sale. The Auctioneer may not withdraw any lot after a call for bids has been made with respect to that lot. The highest bidder acknowledged by Auctioneer shall be the buyer. In the event of any dispute between bidders, the Auctioneer may at his sole discretion immediately put the lot up for sale again. The Auctioneer’s decision shall be final and binding upon all bidders.
<p>12. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY ADJECTIVAL OR NUMERICAL DESCRIPTION CONTAINED IN THIS CATALOG. Auctioneer is selling only such right or title to the comics, original comic art, and comics-related memorabilia being sold as Auctioneer may have by virtue of consignment agreements on the date of sale and disclaims any warranty of title to the comics. Any description of the comics contained in this catalog is for the sole purpose of identifying the comics, and no description of comics has been made part of the basis of the bargain or has created any express warranty that the goods would conform to any description made by the Auctioneer. Auctioneer disclaims any warranty of merchantability or fitness for any particular purposes.
<p>13. Comics sold referencing a third-party grading service ("Certified Comics") are sold "as is" without any express or implied warranty, except for a guarantee by Auctioneer that the Certified Comics are genuine. Certain warranties may be available from the grading service and the bidder is referred to the following service for details of any such warranties: Comics Guaranty Corporation (CGC), P.O. Box 1938, Parsippany, NJ 07054.
<p>14. All non-certified comics are guaranteed genuine, but are not guaranteed as to grade, since grading is a matter of opinion. Grading is an art, not a science, and therefore the opinion rendered by the Auctioneer may not agree with the opinion of others (including trained experts), and the same expert may not grade the same comic with the same grade at two different times. Auctioneer has graded the non-certified comics, in the Auctioneer’s opinion, to their current interpretation of accepted industry standards as of the date the catalog was prepared. There is no guarantee or warranty implied or expressed that the grading standards utilized by the Auctioneer will meet the standards of CGC or any other grading service at any time in the future. Auctioneer offers no opinion as to the validity of a grade assigned by any third-party grading service. Due to changing grading standards over time and to possible mishandling of comics by subsequent owners, the Auctioneer reserves the right to grade comics differently than shown on certificates from any grading service that accompany the comics. For the same reason as stated above, the Auctioneer reserves the right to grade comics differently than the grades shown in the catalog should such comics be reconsigned to any future auction.
<p>15. Although consensus grading is employed by CGC, it should be noted as aforesaid that grading is not an exact science. In fact, it is entirely possible that if a comic was broken out of a plastic holder and was resubmitted, the comic could come back a different grade. Certification does not guarantee protection against the normal risks associated with potentially volatile markets. The degree of liquidity for certified comics will vary according to general market conditions and the particular comic involved. For some comics there may be no active market at all at certain points in time.
<p>16. The descriptions provided in this catalog are intended solely for the use of those bidders who do not have the opportunity to view the lots prior to bidding. All bidders who have inspected the lots prior to the auction will not be granted any return privileges, except for reasons of authenticity. It is presumed that all floor bidders have inspected the lots prior to bidding. Therefore, lots purchased by floor bidders ARE "as is" and may NOT be returned. Floor bidders include those bidders acting either through an agent or as agents for others. No claims of any kind (except for reasons of authenticity) can be considered after the settlements have been made with the consignors. Any dispute after the settlement date is strictly between the bidder and consignor without involvement or responsibility of the Auctioneer. The Auctioneer or affiliates may consign items to be sold in this auction sale, and may bid on those items or any other in the sale. The Auctioneer or affiliates expressly reserves the right to modify its bids on these items or any others at any time based upon data made known to the Auctioneer or its affiliate. In the event of an attribution error, the Auctioneer may, at the Auctioneer’s sole discretion, correct the error orally at the sale, or, if discovered at a later date, to refund the buyer’s money without further obligation. Under no circumstances shall the obligation of the Auctioneer to any bidder be in excess of the Buyer’s Fee for any lot in dispute. If any disputes arise regarding payment, authenticity, or grading or any other matter pertaining to the sale, the bidder or a participant in the Auction Sale and/or the Auctioneer agree that the dispute shall be submitted, if otherwise mutually unresolved, to binding arbitration in accordance with the rules of the American Arbitration Association (A.A.A.). The A.A.A. arbitration shall be conducted under the provisions of the Federal Arbitration Act with locale in Dallas, Texas. If an election is not made within ten (10) days of an unresolved dispute, Auctioneer may elect an A.A.A. Arbitrator. An award granted in arbitration is enforceable in any court. By placing a bid, a bidder accepts these Terms and Conditions of Sale, and agrees to be bound. All auction attendees who have previously placed bids by mail, fax, or Internet should not bid from the floor unless the current bid exceeds their previously placed maximum bid (to avoid bidding against themselves).
<p>17. Shipping and handling charges will be added to invoices for the lots delivered by mail. The minimum charge is $10.00 plus $0.25 per comic, except on large lots where the charge is based upon weight and package size. We are unable to combine purchases from other auctions or Heritage Rare Coin Galleries into one package for Shipping Purposes.
<p><b>Regarding Payment</b>
<p>18. All sales are strictly for cash in United States dollars. Cash includes: U.S. currency, travelers checks, bank money orders, all subject to reporting requirements. Personal or corporate checks may be subject to clearing before delivery of the purchases.
<p>19. Payment is due upon closing of the auction session, upon invoice, or lot pick-up at the auction sale. The Auctioneer reserves the right to void a sale if payment in full of the invoice is not received by the Auctioneer within 15 days after the date of the invoice. Lots delivered in the States of Texas, California, or other state where the auction may be held, are subject to all applicable state and local taxes, unless appropriate permits are on file with us.
<p>20. Successful overseas bidders shall provide written shipping instructions to the Auctioneer for any lots to be delivered outside of the United States, including specified customs declarations. Any risk of loss during shipment will be borne by the buyer following Auctioneer’s delivery to the designated common carrier. All shipping charges will be borne by the successful bidder.
<p>21. If the auction invoice(s) submitted by the Auctioneer is not paid in full when due, the unpaid balance will bear interest at the highest rate permitted by law until paid, and if the Auctioneer refers the invoice(s) to an attorney for collection, the buyer agrees to pay attorney’s fees, court costs, and other collection costs incurred by the auctioneer, including reimbursement for the time spent by attorneys employed by Auctioneer or its affiliates in the collecting of the debt, at a rate comparable to the hourly rate of independent attorneys.
<p>22. The successful bidder, purchaser and/or Auction participant agrees, in consideration of his participation in the auction, that all disputes in any way relating to, arising under, connected with, or incidental to these Terms and Conditions and his purchases or default in payment thereof shall be litigated, if at all (See Arbitration Provision in Paragraph 16), exclusively in the Courts of the State of Texas, in Dallas County, Texas, and if necessary the corresponding appellate courts. The successful bidder, purchaser or Auction participant also expressly submits himself to the personal jurisdiction of the State of Texas. In the event that a bidder’s payment is dishonored or not made timely, bidder shall pay the maximum statutory processing fees and late charges set by applicable state law.
<p>23. The Auctioneer reserves the right to require payment in full before delivery of the merchandise to the buyer. Bidder personally guarantees payment of all successful bid(s), and if a corporation, an officer or principal in the corporation agrees to personally guarantee such payment. Title shall not pass to the successful bidder until all invoices are paid in full. It is the responsibility of the buyer to provide adequate insurance coverage for the comics once they are in his possession. Risk of loss shall be borne by the buyer following Auctioneer’s delivery to a shipper.
<p>24. The Auctioneer shall have a lien against the merchandise purchased by the buyer and any other property of the buyer then held by the Auctioneer to secure payment of the auction invoice(s) and any other amounts due the Auctioneer from the buyer, with respect to which the Auctioneer shall have all the rights of a secured creditor under Article 9 of the Texas Uniform Commercial Code. In addition, with respect to payment of the auction invoice(s), the buyer waives any and all rights of offset he might otherwise have against the Auctioneer and the consignor of the merchandise included on the invoice.
<p>25. The Auctioneer shall have the right to offset the unpaid amount of any auction invoices(s) against any amount then due to the buyer by the Auctioneer or affiliates of the Auctioneer.
<p><b>Other Provisions</b>
<p>26. The sale is not on approval. No certified comics may be returned because of possible differences of opinion with respect to the grade offered by any third-party organization, dealer, or service. There are absolutely no exceptions to this policy. No other lots may be returned for evaluation without a written request by the successful bidder and the written approval of the Auctioneer. In the unlikely event of returning a lot for evaluation, the mail bidder must notify John E. Petty, in writing of the bidder’s intent, and such notice must be mailed within three (3) days of the mail bidder’s receipt of the lot. Any lot that is to be evaluated (for any reason other than authenticity) must be received in our offices within 30 days from the date of sale. AFTER THAT 30-DAY PERIOD, NO LOTS MAY BE RETURNED FOR REASONS OTHER THAN LACK OF AUTHENTICITY. Lots returned must be housed intact in the original holder. No lots purchased by floor bidders may be returned (including those bidders acting as agents for others). Late remittance for purchases may be considered just cause to revoke all return privileges.
<p>27. Storage of purchased comics: Purchasers are advised that certain types of plastic may react with the comic’s paper and may cause damage to the comics. Caution should be used to avoid storage of comics in materials that are not inert.
<p>28. Auctioneer disclaims all liability for damages, consequential or otherwise, arising out of or in connection with the sale of any property by Auctioneer to bidder. No third party may rely on any benefit of these Terms and Conditions and any rights, if any, established hereunder are personal to the bidder and may not be assigned. Any statement made by the Auctioneer is a statement of opinion and does not constitute a warranty or representation. Any employee of Auctioneer may not alter the Terms of Sale, and, unless signed by a principal of Auctioneer, any alteration is null and void.
<p>29. In consideration of participation in the auction and the placing of a bid, a bidder expressly releases Auctioneer, its affiliates, the Consignor, or Owner of the Lot from any and all claims, cause of action, chose of action, whether at law or equity or any arbitration or mediation rights existing under the rules of any professional society or affiliation based upon the assigned grade or a derivative theory, breach of warranty express or implied, representation or other matter set forth within these Terms and Conditions of Sale or otherwise, except as specifically declared herein; e.g., authenticity, typographical error, etc., and as to those matters, the rights and privileges conferred therein are strictly construed and is the exclusive remedy. Purchaser by non-compliance to its express terms of a granted remedy, shall waive any claim against Auctioneer.
<p>30. The Sale is conducted under these Terms and Conditions of Sale and applicable state and local law. Any person participating in the Sale agrees to abide by the Terms and Conditions.
<p>31. Agreements between bidders and consignors to effectuate a non-sale of a comic at Sale, inhibit bidding on a consigned comic to enter into a private sale agreement for a comic or to utilize the Auctioneer’s Sale to obtain sales for non-selling consigned comics subsequent to the Sale are strictly prohibited. If a subsequent sale of a previously consigned comic occurs in violation of this provision, Auctioneer reserves the right to charge bidder and consignor a fee equivalent to the Auctioneer’s commissions earned if the comic had sold at the Sale.
<p>32. Notice as to an Auction Sale in California. Auctioneer has in compliance with Title 2.95 of the California Civil Code as amended October 11, 1993 Sec. 1812.600, posted with the California Secretary of State its bonds for it and its employees and the auction is being conducted in compliance with Sec. 2338 of the Commercial Code and Sec. 535 of the Penal Code.