SOLD
1,000,000.00USD+ buyer's premium + applicable fees & taxes.
This item SOLD at 2019 Dec 12 @ 13:01UTC-8 : PST/AKDT
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107. Bernie Wrightson original wrap-around cover artwork for Frankenstein by Mary Wollstonecraft Shelley. (Marvel, 1983) Accomplished in pencil and ink on large 20 x 30 in. heavy weight art board. Bernie Wrightson, has been called, "the greatest horror artist of our time", "the genius who's work has a soul", and "the star who's work other artists chart their courses by". His work exerts a profound influence on many of the world's most acclaimed writers, artists, and filmmakers of today. It can also easily be said that the 1983 Marvel publication of Mary Wollstonecraft Shelley's Frankenstein is arguably the finest illustrated book of the second half of the 20th century. Originally written in 1818, the novel was later painstakingly illustrated over the course of nearly a decade by pen and ink master Bernie Wrightson. We are proud to offer here, what we consider the finest fantasy ink drawing of the 20th century, if not of all time. "...I shall be with you on your wedding night." And with those words, the most chilling line in the novel, came the inspiration for master artist Bernie Wrightson to make that moment in the story the cover image, and the single work he felt would define the artistic level the book would be judged by-a book that was a pure labor of love for him, as this was not an assignment he was being paid to do. For Bernie, this was a matter of personal pride and determination to exceed any work of his past that he had been proud of and set a goal to challenge his own artistic abilities and senses on levels he had never before achieved. This would be his Sistine Chapel. Looking at the piece in person can itself be an adventure in keeping one busy-there is just so much to look at, admire and study from edge to edge of the image. Wrightson wanted the look of the art to have an "antique" feel to it, reminiscent of an old woodcut or steel engraving. The ultra-fine linework detail is, to put it mildly, mind-blowing, with so much of the amazingly delicate work having been achieved through the steady-hand execution of line-by-line via art pen. Looking closely at the face of the monster you can actually feel the mix of his rage and anguish fueled by crazed frustration towards his creator, the cause of his inner pain. Then, looking at his creator's face, you can almost read "Dr. Frankenstein's" feelings: the instinctive defiance against his creation-gone-wrong while wrestling with the hard reality that he is no longer in control of him, trying, to no avail, to free himself from the brute strength of the creature's massively powerful arms! On the lab table, there lies the tragic female creature Victor refused to bring to life, the intended mate for the creature now simply a destroyed husk of what could've been. Looking around the lab itself makes you wonder in awe how Wrightson was even able to conceptualize, much less (over-)achieve the multilayer dimensionality of the many bottles, vials, beakers, test tubes, books, ropes, chains, etc. strewn about over every direction you look from the floor up to (and even inter-woven into) the rafters. After staring at it for some time, you'll start to notice more: the fine detailed grain patterns of the wood on the chair and the shelving, peeling plaster on the ceiling, the subtle varying levels of transparency as you see items through the other side of some of the liquid-filled glass, texture patterns on some of the ropes, the shadow angles coming off the light beaming from the fireplace, the vintage medical reference muscle chart on the back wall, a skull on a shelf, the rafters of the ceiling, a missing slat in the window shutter-so very many miniscule details that make even the backgrounds tell their own story! It's a complex study of what is essentially the heart of the novel-the lab is where Victor defies the laws of God and nature and this is the climactic moment of consequences for those actions shown in a riot of detail. The way Wrightson was able to master his control over light and shadows and depth (known as "value" in art terms), your eyes are still driven to first focus on the intensity of conflict between Victor and the creature-exactly where Wrightson wants your eye to go-even in the intriguing visual cacophony of the surroundings they're immersed in. It's so well done, it may take you a few moments before you even notice that there's a female corpse lying on the table front and center! Now that is artistic value control. It raises the question: what other artist alive today could achieve such an intricate and complex work on this astonishing level? One could even make the argument that while many great artists pencil their work and have another artist, an inker, finish the details over in ink (two very different skill sets), only Wrightson could also be his own best inker to do the fine details of his work at this extreme level of precision. As many collectors know, of all of Wrightson's work, the Frankenstein plates are among the rarest and the hardest to obtain since the collectors that own them seldom let them go. This is your opportunity to own not just "a great example" but "THE ONE"-a true crown jewel in the art world. In a world of Frank Frazetta paintings casually selling for upwards of $5 million dollars, we feel that this specific artwork, Wrightson's undisputed masterpiece, should be easily at minimum, on a parallel level of appreciation in fantasy art achievement. Large and impressive, incredibly detailed, and certainly iconic. Quite literally, the very best of the very best. Signed by Wrightson at bottom left corner. Handwriting on the back says: "Frankenstein covers #1+4 (wraparound) also repeats as interior spread, pages 146+147". Light tanning to the board and on edges, otherwise in Very Good condition. $750,000 - $1,000,000
Auction Location:
26662 Agoura Rd, Calabasas, California, 91302, United States
Previewing Details:
Auction preview (by appointment only)
West Coast — Nov. 1 - Dec. 11
Profiles in History
26662 Agoura Road
Calabasas, CA 91302
Contact: (310) 859-7701
zach@profilesinhistory.com
East Coast — Dec. 5 - Dec. 7
Society of Illustrators
128 E 63rd St.
New York, NY
Contact: Rob Pistella (804) 363-1365
RobPistella@mac.com
Due to the recent U.S. Supreme Court decision in South Dakota v. Wayfair, states are now permitted to require a larger universe of out-of-state vendors to collect and remit sales tax on sales to customers within the state. Consequently, Profiles in History may be required to collect and remit state and local sales tax on certain transactions for the first time.
All bidders acknowledge that their bids are exclusive of sales tax, and that if Profiles in History has a sales tax collection obligation in the bidder’s state, applicable sales tax will be owed by the successful bidder and the invoice issued by Profiles in History to the winning bidder will reflect the applicable sales tax due.
Additionally, any bidder claiming a sales tax exemption (e.g., resale exemption, tax exempt entity, etc.) must provide Profiles in History with the applicable, fully-completed, exemption documentation before sales tax will be removed from the invoice.
Buyer's Premiums:
| From (Incl.) | To (Excl.) | Premium |
| 0.00 |
Infinite |
28% |
Additional Fees:
Shipping Details:
Please remember that the buyer is responsible for all shipping charges from Profiles in History’s offices in California to the buyer’s door. Many of the items in this auction are of unusual size and/or weight; they will require special handling and will incur an additional shipping premium as charged by the carrier.
In person pick-ups are available by appointment. Note: In person pick-up will incur California State Sales Tax at Calabasas rate (currently 9.5%) regardless of destination.
Payment Details:
Note: All International bidders must pay via bank wire transfer.
Accepted Payment Methods:
- VISA
- Master Card
- AMEX
- Discover
- Money Order/Bank Draft
- Check/Cheque
- Wire Transfer
- Cash
CONDITIONS OF SALE - AGREEMENT BETWEEN PROFILES IN HISTORY AND BIDDER
Read This Part First
BY EITHER REGISTERING TO BID OR PLACING A BID, THE BIDDER ACCEPTS THESE CONDITIONS OF SALE AND ENTERS INTO A LEGALLY, BINDING, ENFORCEABLE AGREEMENT WITH PROFILES IN HISTORY.
The following terms and conditions constitute the sole terms and conditions under which Profiles in History (“Profiles”) will offer for sale and sell the property described in the Catalog. These Conditions of Sale constitute a binding agreement between the Bidder and Profiles with respect to the auction. By bidding at auction, whether in person, through an agent or representative, by telephone, facsimile, on-line, absentee bid, or by any other form of bid or by any other means, the Bidder acknowledges the thorough reading and understanding of all of these Conditions of Sale, all descriptions of items in the Catalog, and all matters incorporated herein by reference, and agrees to be fully bound thereby.
NO BID MAY BE PLACED IN ANY MANNER UNLESS THE BIDDER HAS FULLY REVIEWED AND AGREES TO ALL OF THE “CONDITIONS OF SALE” EITHER PRINTED IN THE CATALOG OR ON-LINE, AS WELL AS THE TERMS OF THE REGISTRATION FORM. BY PLACING ANY BID, THE BIDDER REPRESENTS AND WARRANTS TO PROFILES THAT HE OR SHE HAS FULLY REVIEWED AND AGREES TO BE BOUND BY ALL OF THESE “CONDITIONS OF SALE” AND THE TERMS OF THE REGISTRATION FORM. WITHOUT SUCH REPRESENTATION, WARRANTY AND AGREEMENT, PROFILES WOULD NOT PERMIT THE BIDDER TO BID.
Bidder and Profiles agree that any agreements between the Bidder and Profiles including but not limited to these Conditions of Sale are entered into in Los Angeles County, California, which is where the agreements are to be performed and the auction to take place, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the auction and regardless of whether catalogs, materials, or other com¬munications were received by Bidder in another location. Both Profiles and the Bidder agree that any disputes under these Conditions of Sale, the subject matter hereof, the entering into, or any aspect of the auction, shall be exclusively governed by California law, and that any and all claims or actions shall be brought and maintained only in Los Angeles County, California in a State or Federal Court to the exclusion of any other venue, locale or jurisdiction. All parties submit to such jurisdiction. Both Bidder and Profiles agree that these provisions are intended to be binding on all parties and that they shall solely control choice-of-law, venue and jurisdic¬tion in the event of any dispute specifically including third party claims and cross-actions brought by either Profiles or Bidder, and that absent such agreement, Profiles would not permit Bidder to bid hereunder. Any violation of the terms of this Paragraph shall entitle the affected party to reasonable attorney fees and litigation costs in addition to all other available remedies, all of which remain reserved. The parties agree that Profiles shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than set forth in this paragraph as conclusive evidence of the parties’ agreement, and the parties further agree that the court shall immediately dismiss any action filed in such jurisdiction. Notwithstanding any other provision herein, the prevailing party in any claim, dispute or litigation between the parties shall be entitled to an award of reasonable attorney fees and costs of litigation.
Unless otherwise set forth in the Catalog, all property will be offered by Profiles solely as agent for the seller or consignor of the property (“Consignor”) and not on its own behalf.
Profiles is in compliance, to the fullest extent possible, with California procedures regarding the bonding of auctioneers.
1. Final Bid Price, Purchase Price and Payment. The term, “Final Bid Price” means the amount of the highest bid acknowledged and acceptable to Profiles. The term, “Purchase Price” means the sum of (1) the Final Bid Price; (2) a premium payable by the successful Bidder (also referred to throughout these Conditions of Sale as “Buyer”) twenty percent (20%) of the Final Bid Price if paid in full in cash or by valid check; or twenty four percent (24%) of bid price if paid by Credit Card; and twenty eight percent (28%) of bid price and won through the internet; (3) applicable taxes (including California and local sales tax and/or compensating use tax based upon the purchase price unless exempted by law and/or where Buyer presents an original, valid resale certificate with a copy for Profiles’ records from the California State Board of Equalization); (4) shipping, handling and insurance coverage if requested by Buyer and agreed upon by Profiles. Profiles may accept current and valid VISA, MasterCard, Discover and American Express credit or debit cards for payment but under the express condition that any property purchased by credit or debit card shall not be refundable, returnable, or exchangeable, and that no credit to Buyer’s credit or debit card account will be issued under any circumstances. The last sentence constitutes Profiles’ “official policy” regarding returns, refunds, and exchanges where credit or debit cards are used. For payment other than by cash, delivery will not be made unless and until full payment has been actually received by Profiles, i.e., check has fully cleared or credit or debit card funds fully obtained.
All International purchases must be paid via bank wire transfer, contact our main office for bank wire information.
Profiles has been authorized by the seller or consignor to retain, as partial remuneration, the premium set forth as number (2) in this para¬graph. Unless otherwise agreed in a writing signed by Profiles, pay¬ment in full is due within seven calendar days of the auction or within five calendar days of the invoice date, whichever is later.
PROFILES SHALL HAVE THE RIGHT, AND THE SUCCESSFUL BIDDER HEREBY UNCONDITIONALLY AND IRREVOCABLY PRE-AUTHORIZES PROFILES, TO CHARGE FROM AND COLLECT ALL AMOUNTS OWED FROM ALL CREDIT AND/OR DEBIT ACCOUNTS IDENTIFIED TO PROFILES BY THE SUCCESSFUL BIDDER PRIOR TO BIDDING IN THE EVENT THAT THE SUCCESSFUL BIDDER DOES NOT MAKE TIMELY PAYMENT UNDER THESE CONDITIONS OF SALE. IN SUCH EVENT, THE SUCCESSFUL BIDDER AUTHORIZES PROFILES TO COLLECT ALL AMOUNTS OWED FROM ANY OF SAID ACCOUNTS, AND THE SUCCESSFUL BIDDER SHALL NOT CONTEST ANY SUCH CREDIT OR DEBIT ACCOUNT CHARGE ON THE GROUND THAT PROFILES WAS NOT SO AUTHORIZED.
2. Title. On the fall of the auctioneer’s hammer, title to the offered lot will pass to the highest bidder acknowledged by the auctioneer but fully subject to Buyer’s compliance with all of the terms of the Conditions of Sale and the Registration Form.
3. Rights Reserved. Profiles reserves the right to withdraw any lot before or at the time of the auction, and/or to postpone the auction of all or any lots or parts thereof, for any reason. Profiles shall not be liable to any Bidder in the event of such withdrawal or postponement under any circumstances. Profiles reserves the right to refuse to accept bids from anyone.
4. Auctioneer’s Discretion. Profiles shall determine opening bids and bid¬ding increments. The auctioneer has the right in its absolute discretion to reject any bid in the event of dispute between bidders or if the auctioneer has doubt as to the validity of any bid, to advance the bidding at its absolute discretion and to determine the successful bidder in the event of a dispute between bidders, to continue the bidding or to reoffer and resell the lot in question. In the event of a dispute after the sale, Profiles’ record of final sale shall be conclusive. The auctioneer also may reject any bid and withdraw the lot from sale if the auctioneer decides either that any opening bid is below the reserve (see paragraph 5 below) of the lot or article or that an advance is insufficient. Unless otherwise announced by the auctioneer at the time of sale, no lots may be divided for the purpose of sale.
5. Reserves. Lots may be subject to a reserve which is the confidential minimum price below which the lot will not be sold. Although the auc¬tioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller, Profiles reserves the right to protect the reserve by bidding through the auctioneer and continuing to bid on behalf of the seller up to the reserve amount either through consecutive bids or by placing bids in response to other bidders. Consignors may not bid on their own lots or property. If the consignor is indebted to or has a monetary guarantee from Profiles in certain circumstances, Profiles may have an interest in an offered lot and the proceeds therefrom apart from Profiles’ commissions, and Profiles may bid thereon to protect such interest. In such instance, Profiles is entitled to its standard commission rate when a lot is “bought-in” to protect its interest.
6. Risk and Responsibility; Agency. The buyer shall, once deemed the highest bidder on the fall of the auctioneer’s hammer, bear all risk and responsibility for the lot, and neither Profiles, its agents nor employees, shall thereafter be liable for any loss or damage to the property. The buyer will also be required to sign a confirmation of purchase at such time if requested by the auctioneer. All bidders are deemed to be acting as prin¬cipals unless Profiles acknowledges in writing prior to the auction that the bidder is acting as agent for another party. In the absence of such written acknowledgment, the bidder guarantees payment of the Purchase Price of a successful bid.
7. Possession and Removal; Charges. No portion of any lot may be removed from the premises or possession transferred to Buyer unless Buyer has fully complied with these Conditions of Sale and the terms of the Registration Form, and unless and until Profiles has received the Purchase Price funds in full. Notwithstanding the above, all property must be removed from the premises by Buyer at his or her sole expense not later than seven (7) calendar days from the invoice date. If all or any property has not been so removed within that time, in addition to any other remedies available to Profiles all of which are reserved, a handling charge of one percent (1%) of the Purchase Price per month will be assessed and payable to Profiles by Buyer, with a minimum of five percent (5%) assessed and payable to Profiles by Buyer for any property not removed within sixty (60) days. Profiles shall additionally have the option, in its sole discretion, of transferring any of such property to a public warehouse at the full risk and expense of Buyer. Profiles, in addition, reserves the right to impose a late charge of fifteen percent (15%) per year on the Purchase Price if Buyer does not make full payment in accordance herewith. Profiles and Buyer acknowledge and agree that these charges are reasonably imposed to partially compensate Profiles for losses and expenses associated with any such delays.
8. Off-Site Bidding. Bidding by telephone, facsimile-transmission (fax-in), on-line, or absentee bidding (advance written bids submitted by mail) are offered solely as a convenience and permitted subject to advance arrange¬ments, availability, and Profiles’ approval which shall be exercised at Profiles’ sole discretion. Neither Profiles nor its agents or employees shall be held liable for the failure to execute bids or for errors relating to any transmis¬sion or execution thereof. In order to be considered for off-site bidding in any manner, Bidders must comply with all of these Conditions of Sale and the terms contained on the Registration Form.
9. Profiles’ Remedies. Failure of the Bidder/Buyer to comply with any of these Conditions of Sale or the terms of the Registration Form, is an event of default. In such event, Profiles may, in addition to any other available remedies specifically including the right to hold the defaulting Bidder/Buyer liable for the Purchase Price or to charge and collect from the defaulting Bidder/Buyer’s credit or debit accounts as provided for else¬where herein: (a) cancel the sale, retaining any payment made by the Buyer as damages (the Bidder/Buyer understands and acknowledges that Profiles will be substantially damaged should such default occur, and that damages under sub-part (a) are necessary to compensate Profiles for such damages; (b) resell the property without reserve at public auction or privately; (c) charge the Bidder/Buyer interest on the Purchase Price at the rate of one and one-half per cent (1.5%) per month or the highest allowable interest rate; (d) take any other action that Profiles, in its sole discretion, deems nec¬essary or appropriate to preserve and protect Profiles’ rights and remedies. Should Profiles resell the property, the original defaulting buyer shall be liable for the payment of any deficiency in the purchase price and all costs and expenses associated therewith, including but not limited to warehous¬ing, sales-related expenses, reasonable attorney fees and court costs, com¬missions, incidental damages and any other charges due hereunder which were not collected or collectable.
In the event that such buyer is the successful bidder on more than one lot and pays less than the purchase price for the total lots purchased, Profiles shall apply the payment received to such lot or lots that Profiles, in its sole discretion, deems appropriate. If Profiles does not exercise such discretion, the lots to which the payment shall be applied will be in descending order from the highest purchase price to the lowest.
Any buyer failing to comply with these Conditions of Sale shall be deemed to have granted Profiles a security interest in, and Profiles may retain as collateral such security for such buyer’s obligations to Profiles, any property in Profiles’ possession owned by such buyer. Profiles shall have the benefit of all rights of a secured party under the Uniform Commercial Code (U.C.C.) as adopted by the state of California.
10. Warranties. Profiles does not provide any warranties to Bidders or Buyers, whether express or implied, beyond those expressly provided for in these Conditions of Sale. All property and lots are sold “as is” and “where is.” By way of illustration rather than limitation, neither Profiles nor the consignor makes any representation or warranty, expressed or implied, as to merchantability or fitness for intended use, condition of the prop¬erty (including any condition report), correctness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuineness, value, or period of the property.
Additionally, neither Profiles nor the consigner makes any representation or warranty, express or implied, as to whether the Buyer acquires rights in copyright or other intellectual property (including exhibition or reproduc¬tion rights) or whether the property is subject to any limitations such as ‘droit morale’ (moral rights) or other rights affecting works of art. Bidder/Buyer acknowledges and agrees that if the property embodies any copy¬right, trademark, or other intellectual property, by the purchase of such property, Buyer/Bidder is not acquiring any interest in any copyright, trademark or other intellectual property that may be embodied or reflected in such property, but is acquiring only such physical embodiment and/or reflection. Profiles does not make any representation or warranty as to title. All descriptions, photographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder), authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and rel¬evance, used in the catalog, bill of sale, invoice, or anywhere else, represent a good faith effort made by Profiles to fairly represent the lots and property offered for sale as to origin, date, condition, and other information con¬tained therein; they are statements of opinion only. They are not representa¬tions or warranties and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price. Price estimates (which are determined well in advance of the auction and are therefore subject to revision) and condition reports are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices. Bidders are accorded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and Profiles urges Bidders to avail themselves accordingly. Lots and property are not returnable to Profiles for any reason except under Buyer’s limited Remedies set forth in Section 13 below and under the express terms and conditions of Section 13.
11. Limitation of Damages. In the event that Profiles is prevented for any reason from delivering any property to Buyer or Buyer is otherwise dis¬satisfied with the performance of Profiles, the liability, if any, of Profiles, shall be limited to, and shall not exceed, the amount actually paid for the property by Buyer. In no event shall Profiles be liable for incidental, spe¬cial, indirect, exemplary or consequential damages of any kind, including but not limited to loss of profits, value of investment or opportunity cost.
12. Unauthorized Statements. Under no circumstances is any employee, agent or representative of Profiles authorized by Profiles to modify, amend, waive or contradict any of these Terms and Conditions, any term or con¬dition set forth on the Registration Form, any warranty or limitation or exclusion of warranty, any term or condition in either the Registration Form or these Terms and Conditions regarding payment requirements, including but not limited to due date, manner of payment, and what constitutes payment in full, or any other term or condition contained in any documents issued by Profiles unless such modification, amendment, waiver or contradiction is contained in a writing signed by all parties. Any statements, oral or written, made by employees, agents or representatives of Profiles to Bidder, including statements regarding specific lots, even if such employee, agent or representative represents that such statement is authorized, unless reduced to a writing signed by all parties, are statements of personal opinion only and are not binding on Profiles, and under no circumstances shall be relied on by Bidder as a statement, representation or warranty of Profiles.
13. Buyer’s Remedies. This section sets forth the sole and exclusive rem¬edies of Buyer in conformity with Sections 10 (“Warranties”) and 11 (“Limitation of Damages”) herein, and is expressly in lieu of any other rights or remedies which might be available to Buyer by law. The Buyer hereby accepts the benefit of the consignor’s warranty of title and any other representations and warranties made by the consignor for the Buyer’s benefit. In the event that Buyer proves in writing to Profiles’ satisfaction that there was a breach of the consignor’s warranty of title concerning a lot purchased by Buyer, Profiles shall make demand upon the consignor to pay to Buyer the Purchase Price (including any premiums, taxes, or other amounts paid or due to Profiles). Should the consignor not pay the Purchase Price to Buyer within thirty days after such demand, Profiles shall disclose the identity of the consignor to Buyer and assign to Buyer all of Profiles’ rights against the consignor with respect to such lot or property. Upon such disclosure and assignment, all responsibility and liability, if any, of Profiles with respect to said lot or property shall automatically termi¬nate. Profiles shall be entitled to retain the premiums and other amounts paid to Profiles - this remedy is as to the consignor only. The rights and remedies provided herein are for the original Buyer only and they may not be assigned or relied upon by any transferee or assignee under any circum-stances. Lots containing ten or more items are not returnable under any circumstances. The exercise of rights under this Section 13 must be made, if at all, within thirty (30) days of the date of sale.
14. Profiles’ Additional Services. For Buyers who do not remove purchased property from Profiles’ premises, Profiles, in its sole discretion and solely as a service and accommodation to Buyers, may arrange to have purchased lots packed, insured and forwarded at the sole request, expense, and risk of Buyer. Profiles assumes no and disclaims all responsibility and liability for acts or omissions in such packing or shipping by Profiles or other packers and carriers, whether or not recommended by Profiles. Profiles assumes no and disclaims all responsibility and liability for damage to frames, glass or other breakable items. Where Profiles arranges and bills for such services via invoice or credit card, Profiles will include an administration charge.
15. Headings. Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer.
16. Entire Agreement. These Conditions of Sale constitute the entire agreement between the parties together with the terms and conditions contained in the Registration Form. They may not be amended, modified or superseded except in a signed writing executed by all parties. No oral or written statement by anyone employed by Profiles or acting as agent or representative of Profiles may amend, modify, waive or supersede the terms herein unless such amendment, waiver or modification is contained in a writing signed by all parties. If any part of these Conditions of Sale are for any reason deemed invalid or enforceable, the remaining portions shall remain fully enforceable without regard to the invalid or unenforce¬able provisions.
AUCTION GENERAL GUIDELINES
Conditions of Sale
Before you bid, you must read the Conditions of Sale, immediately preced¬ing these pages. They represent a contract between Profiles and you, and they contain important terms and conditions such as jurisdiction, payment terms, warranties and remedies. The Conditions of Sale are controlling over these general guidelines in the event of any conflicts between their respective terms.
Estimate Prices
In addition to descriptive information, each entry in the catalog includes a price range which reflects opinion as to the price expected at auction. These are based upon various factors including prices recently paid at auc¬tion for comparable property, condition, rarity, quality, history, provenance. Estimates are prepared well in advance of the sale and subject to revision. Estimates do not include the buyer’s premium or sales tax (see under sepa¬rate heading). See Paragraph 10 of the Conditions of Sale for important restrictions as to reliance on estimated prices.
Reserves
The reserve is the minimum price the seller is willing to accept and below which a lot will not be sold. This amount is confidential and will not exceed the low pre-sale estimate.
Owned or Guaranteed Property
Profiles in History generally offers property consigned by others for sale at public auction; occasionally, lots are offered that are the property of Profiles in History.
Buyer’s Premium and Sales Tax
The actual purchase price will be the sum of the final bid price plus the buyer’s premium of twenty four percent (24%) of the hammer price (dis¬counted to 20% when full payment is made in cash or by valid check); or twenty eight percent (28%) if bid on and won through the internet. California sales tax shall automatically be added to the purchase price unless exempted.
Before the Auction
You may attend pre-sale viewing for all of our auctions at no charge. All property to be auctioned is usually on view for several days prior to the sale. You are encouraged to examine lots thoroughly. You may also request condition reports (see below). Profiles in History’s staff are available at viewings and by appointment.
Hours of Business
Profiles in History is open from 8 a.m. to 5 p.m. on weekdays. The viewing schedule for the auction is published in the front of the auction catalog.
Condition Reports
If you wish to obtain additional information on a particular lot, or can¬not appear at the viewing, Profiles in History may provide, upon request, a condition report. We remind prospective buyers that descriptions of property are not warranted and that each lot is sold “as is” in accordance with the terms of the limited warranty. Condition reports, as other descriptions of property, are not warranted; they are only provided as a service to interested clients. Neither Profiles in History nor the consignor make any express or implied representation or warranty concerning the condition of any lot offered for sale; any information furnished does not modify or negate the limited warranty contained in the Conditions of Sale. See Paragraph 10 of the Conditions of Sale for important restrictions as to reliance on condition reports.
Registration
If you are planning to bid at auction, you will need to register with us. Please arrive 30 or 45 minutes before the sale to complete bidder regis¬tration and to receive a numbered paddle to identify you if you are the successful bidder. If you are a new client, or if you have not made a recent purchase at Profiles in History, you may be asked to supply bank and/or other credit references when you register. To avoid any delay in the release of your purchases, we suggest that you pre-arrange check or credit approval. If so, please contact Profiles in History at (310) 859-7701 or by fax at (310) 859-3842.
You must acknowledge having read your agreement with all of the Conditions of Sale prior to your registration and prior to your bidding on any lot.
The Auction
All auctions are open to registered bidders only. You must register to bid or otherwise participate.
Bidding
Property is auctioned in consecutive numerical order, as it appears in the catalog. The auctioneer will accept bids from those present in the salesroom or absentee bidders participating by telephone, internet or by written bid left with Profiles in History in advance of the auction. The auctioneer may also execute bids on behalf of the consignor to protect the reserve, either by entering bids in response to salesroom, telephone, inter¬net or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor at or above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve. Bidding increments se registration page.
Absentee Bids
If you cannot attend an auction, it is possible to bid by other means. The most common is the absentee bid, sometimes called an “order bid.” Absentee bids are written instructions from you directing Profiles in History to bid for you on one or more lots up to a maximum amount you specify for each lot. Profiles in History staff will execute your absentee bid as reasonably as possible, taking into account the reserve price and other bids. There is no charge for this service. If identical bids are submitted by two or more parties, the first bid received by Profiles in History will take preference. The auctioneer may execute bids for absentee bidders directly from the podium, clearly identifying these as order bids. Absentee Bid Forms are available in the back of every auction catalog and also may be obtained at any Profiles in History location. See Conditions of Sale and Registration Form for absentee bid details.
Telephone Bids
It is also possible to bid by telephone if you cannot attend an auction. Arrangements should be confirmed at least one day in advance of the sale with Profiles in History at (310) 859-7701. Profiles in History staff will execute telephone bids from designated areas in the salesroom. See Conditions of Sale and Registration Form for telephone bid details.
Internet Bids
Profiles in History is pleased to offer live Internet bidding at www.profilesinhistory.com. To ensure proper registration, those Bidders intend¬ing to bid via the Internet must visit this site and register accordingly at least one full day prior to the actual auction. Please be aware that there is a minimum 3-second delay in the audio and visual feeds, which may confuse some bidders. If you have questions about this feature, please call Profiles in History well in advance of the auction. Winning bidders will be notified by Profiles in History. Profiles in History is not and cannot be responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids.
PLEASE NOTE: On some occasions beyond the control of Profiles in History, the Internet bid software or the Internet itself may not physically keep up with the pace of the auction. In order to help avoid disappoint¬ment, Profiles in History recommends placing a realistic absentee bid now. Occasionally the auctioneer may eliminate or reject an internet live bid, and the auctioneer may also reopen a lot after the close of the internet live bidding (typically but not always because a floor bid or a telephone bid was missed), and your bid may be rejected even if you were shown to be the winning bidder. By bidding via the internet, you acknowledge and agree that Profiles in History may award the lot to another bidder at its sole and final discretion under the circumstances described above or under any other reasonable circumstances. Since the internet bids are not shown to Profiles in History until Profiles in History opens the lot on the floor, Profiles in History treats those bids the same as floor or telephone bids. In most cases, however, the floor and/or telephone responds before the internet bid is presented, due to live Internet bid software or Internet lag time, so for consistency it is Profiles in History’s policy that floor bids and telephone bids are always considered first over internet bids with floor bids being considered before telephone bids. Also please note that all Profiles in History lots purchased through the Internet carry a 28% Buyer’s Premium. Profiles in History strongly urges the bidder to resolve any questions about these policies or their implementation PRIOR TO BIDDING.
Successful Bids
The fall of the auctioneer’s hammer indicates the final bid. Profiles in History will record the paddle number of the buyer. If your salesroom or absentee bid is successful, you will be notified after the sale by mailed or emailed invoice.
Unsold Lots
If a lot does not reach the reserve, it is bought-in. In other words, it remains unsold and is returned to the consignor.
AFTER THE AUCTION
Payment
You are expected to pay for your purchases in full within seven calendar days of the sale or five calendar days from the invoice date, whichever is later, and to remove the property you have bought by that date.
Shipping
After payment has been made in full, Profiles in History may, as a service to buyers, arrange to have property packed, insured and shipped at your request and expense. For shipping information, please contact Profiles in History at (310) 859-7701. In circumstances in which Profiles in History arranges and bills for such services via invoice or credit card, we will also include an administration charge. Packages shipped internationally will have full value declared on shipping form. Please remember that the buyer is responsible for all shipping charges from Profiles in History’s offices in California to the buyer’s door. Many of the items in this auction are of unusual size and/or weight; they will require special handling and will incur an additional shipping premium as charged by the carrier.
After approximately 45 business days following completion of the sale, pending payment by the purchaser, you will be sent payment for your sold property and a settlement statement itemizing the selling commission and other damages.
Sales Results
Interested clients may obtain sale results for specific lots at least three busi¬ness days after the auction by calling Profiles in History at (310) 859-7701.
THE SELLER
Auction Estimate
If you are considering selling your property, you can bring items to our Calabasas, CA salesroom by appointment only. If a visit is not practical, you may instead send a clear photograph together with dimensions and any other pertinent information you may have. Profiles in History cannot be responsible or liable in any case for damage or loss to photographs or other information sent.
Consignment Agreement
If you decide to sell your property at auction, the procedures are simple and you should find Profiles in History staff helpful to you throughout the process. After discussions with our staff you will receive a contract (Consignment Agreement) to sign, setting forth terms and fees for services we can provide, such as insurance, shipping and catalog illustrations. For all categories, Profiles in History’s standard consignor commission rates are fifteen percent (15%) of the final bid price. Profiles in History gener¬ally charges a minimum commission of $100 for each lot sold. Profiles in History will discuss with you a suggested reserve price and our recom¬mendations for pre-sale estimates for each piece of property you consign for sale. The terms and conditions contained in the actual Consignment Agreement will govern our respective rights and obligations; those terms and conditions are controlling over these general guidelines.
Delivery of Property to Profiles in History
After you have consigned property to us for sale, you can either bring your property to Profiles in History yourself, arrange with your own shipper to deliver it to us or Profiles in History can arrange for it to be shipped through their shipping department. We are always happy to assist you. For more information please contact us at (310) 859-7701. Property usually arrives at Profiles in History at least three months before the sale in order to allow time to research, catalog and photograph the items. Prior to the auction your property is generally stored at Profiles in History’s facilities.
Pre-Auction Notification
Several weeks before the scheduled sale, along with thousands of Profiles in History’s worldwide subscribers, you should be receiving a copy of the sale catalog in which your property is offered.
Catalog Images:
Some of the images representing group lots may show replicated photo¬graphs to illustrate count. Items are sold “as is” no returns on group lots.
Catalog Images:
Catalog images representing group lots (defined as any lot containing more than one item) may show replicated photographs to illustrate count are sold “as is” and are not subject to return. Not all the items in a group lot are shown and some images in the catalog are cropped for illustration purposes. We strongly encourage you to view the items before bidding or call 1-(310)-859-7701 for a more specific condition report.
Photographs, Illustrations and Screen Shots:
Unless otherwise explicitly set forth in the catalog description for an individual item, all photographs, illustrations, and screen shots are fur¬nished solely for reference purposes and not as a statement, representa¬tion or warranty that the image depicted is the exact item offered. Due to the fact that multiple props, costumes, and other items are customar¬ily made for and used on or off screen in a motion picture or other pro¬gram, Profiles cannot and does not represent or warrant that the specific item depicted in the photograph, illustration or screen shot is the very same item offered at auction.
Trademarks:
In the catalog descriptions, Profiles takes steps to identify and provide provenance for an item offered at auction. In many cases, the items offered were used in or in conjunction with motion pictures and are furnished in order to fully identify and describe the item offered at auc¬tion, including photographs, illustrations, and screen shots. In all cases, the use of the titles or other elements of these motion pictures is for informational purposes only.
Copyrights:
All items offered are original, and neither Profiles nor the Consignor make any statements, representation or warranty concerning the copy¬right of such items. The depiction of the item in the catalog and other auction promotions are purely for informational and reference purposes regarding the offering of the item at auction.
Shipping:
Please remember that the buyer is responsible for ALL shipping charges. Many of the items in this auction are of unusual size and/or weight; they will require special handling and will incur an additional shipping premium as charged by the carrier. Please see Terms & Conditions of Sale. Many items in this sale are located outside of California and will require special shipping arrangements.
Bidders please note that some items might be located off-site, and are in other states or countries. Profiles has done its best to notate each particular lot in which this applies. Please be reminded that in all purchases shipping is to be arranged by the buyer using the shipper of their choice. For a list shippers local to our California offices, please contact us.
IMPORTANT SALES TAX INFORMATION
Due to the recent U.S. Supreme Court decision in South Dakota v. Wayfair, Profiles in History may be required under state law to collect sales tax for the wining bidder’s state. In such cases, the winning bidder’s invoice will reflect the sales tax due based on applicable state and local sales tax rates.
Bidders final billing and shipping address must match at the time of registration. Note: Bidders with multiple shipping addresses must contact our offices prior to auction registration. 310-859-7701
Due to the recent U.S. Supreme Court decision in South Dakota v. Wayfair, states are now permitted to require a larger uni¬verse of out-of-state vendors to collect and remit sales tax on sales to customers within the state. Consequently, Profiles in History may be required to collect and remit state and local sales tax on certain transactions for the first time.
All bidders acknowledge that their bids are exclusive of sales tax, and that if Profiles in History has a sales tax collection obligation in the bidder’s state, applicable sales tax will be owed by the successful bidder and the invoice issued by Profiles in History to the winning bidder will reflect the applicable sales tax due.
Additionally, any bidder claiming a sales tax exemption (e.g., resale exemption, tax exempt entity, etc.) must provide Profiles in History with the applicable, fully-completed, exemption documentation before sales tax will be removed from the invoice.
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email: info@profilesinhistory.com
PLEASE NOTE THAT ALL ITEMS IN THIS CATALOG ARE SOLD IN “AS IS” CONDITION. We do our best to properly describe all materials herein, but normal wear and tear is common due to the fragile nature of the items including their age and use in film and TV productions. We are not responsible for a zipper not working, a piece miss¬ing from a prop, etc. Tears or alterations to the fabric or original design of a costume, or broken/missing pieces to a prop are to be expected. While many of the props, cos¬tumes and other memorabilia are currently displayable in their present condition, these items may require restoration to be returned to their pre-production/screen-used state. Many of the items featured have been modified and altered for subsequent productions and may differ from the original production usage. Elements of fabric, sequins, trim, etc. are often replaced for subsequent productions. We recommend you to inspect items of interest in person.
The term “working prop” denotes that the prop was origi¬nally made to do something unlike a static prop. This does not mean that the prop works today, although in many cir¬cumstances it may be possible to have the prop restored to its original configuration.
BY EITHER REGISTERING TO BID OR PLACING A BID, THE BIDDER ACCEPTS THESE “CONDITIONS OF SALE” AND ENTERS INTO A LEGAL, BINDING, AND ENFORCEABLE AGREEMENT WITH PROFILES IN HISTORY.
READ THIS BEFORE YOU BID: NO BID MAY BE PLACED IN ANY MANNER UNLESS THE BIDDER HAS FULLY REVIEWED AND AGREES TO ALL OF THE “CONDITIONS OF SALE” EITHER PRINTED IN THE CATALOG OR ON-LINE, AND THE TERMS OF THIS REGISTRATION FORM. BY PLACING ANY BID, THE BIDDER REPRESENTS AND WARRANTS TO PROFILES THAT HE OR SHE HAS FULLY REVIEWED AND AGREES TO BE BOUND BY ALL OF THE “CONDITIONS OF SALE” AND THE TERMS OF THIS REGISTRATION FORM. WITHOUT SUCH REPRESENTATION, WARRANTY AND AGREEMENT, PROFILES WOULD NOT PERMIT THE BIDDER TO BID. ALL GROUP LOTS (DEFINED AS ANY LOT CONTAINING MORE THAN ONE ITEM) IN THIS CATALOG CON¬TAINING EITHER PHOTOGRAPHS, NEGATIVES, TRANSPARENCIES, SCRIPTS, POSTERS, LOBBY CARDS, STORYBOARDS, SKETCHES, AUTOGRAPHS AND OTHER MISCELLANEOUS EPHEMERA, ARE SOLD “AS IS” AND ARE NOT SUBJECT TO RETURN. PROFILES IN HISTORY DOES ITS BEST TO PROPERLY DESCRIBE THESE GROUP LOTS FOR IDENTIFICATION, NUM¬BER COUNT, CONDITION, ETC., BUT THERE MAY BE DUPLICATES, COPIES AND VARYING COUNTS FROM WHAT IS STATED IN THE CATALOG. BUYERS ARE RESPONSIBLE FOR SATISFYING THEMSELVES CONCERNING ALL OF THESE MATTERS STATED WITHIN THE CATALOG ENTRY.
AS SET FORTH IN THE “CONDITIONS OF SALE”, FULL PAYMENT MUST BE RECEIVED BY PROFILES NO LATER THAN SEVEN (7) CALENDAR DAYS OF THE AUCTION OR WITHIN FIVE CALENDAR DAYS OF THE INVOICE DATE, WHICHEVER IS LATER. PURCHASE PRICE IS THE SUM OF FINAL BID AMOUNT PLUS BUYER’S PREMIUM (20% OF FINAL BID PRICE IF CASH; 24% OF FINAL BID PRICE IF CREDIT CARD; 28% OF FINAL BID PRICE IF BIDDING VIA INTERNET, PLUS APPLICABLE SALES TAXES. BID INCREMENTS ARE SET FORTH ON THE REVERSE SIDE OF THIS FORM.
For telephone bidders only: Bidding by telephone is permitted on a limited basis subject to advance arrangements and availability, at Profiles’ sole discretion. Telephone bidding is offered solely as a convenience subject to Profiles’ sole discretion and approval, and neither Profiles nor its agents or employees shall be held liable for the failure to execute bids or for errors relating to any transmission or execution thereof. For telephone bidding consideration, this form must be fully executed with all required information and attachments and received by Profiles at its office no later than 5:00 p.m. PT, one (1) day prior to the Auction date. Any registrations coming in after 5:00 PT one day prior to Auction are accepted at the sole discretion of Profiles in History, please check with our office 1-310-859-7701 to confirm.
For absentee bidders only: The absentee bid process is offered solely as a convenience subject to Profiles’ sole discretion and approval, and neither Profiles nor its agents or employees shall be held liable for the failure to execute bids or for errors relating to any transmission or execution thereof. The bidder hereby authorizes Profiles to enter bids on the specified lots up to the maximum price indicated on the bid form. The bidder understands that Profiles will endeavor to purchase these lots as reasonably as possible, and if the bid is successful, the purchase price will be the final bid plus buyer’s premium and applicable sales taxes. For absentee bid consideration, all bids must be in writing, fully executed including all columns on the back of this form, with all required information and attachments, and received by Profiles at its office, either by delivery, mail or fax no later than 5:00 p.m. PT one (1) day prior to the Auction date. Any registrations coming in after 5:00 PT one day prior to Auction are accepted at the sole discretion of Profiles in History, please check with our office 1-310-859-7701 to confirm.