Sale 2468 - Early Printed, Medical, Scientific & Travel Books, March 8, 2018
9. All property shall be removed from Swann by the purchaser at his expense no later than five (5) days fol- lowing its sale, and if not so removed may, at Swann’s option, be sent by Swann to a public warehouse at the account, risk and expense of the purchaser. Whether sent to a warehouse or stored by Swann, the purchaser shall be liable for all actual expenses incurred plus a storage charge of 5% of the purchase price. 10. Except as noted in this paragraph, all lots in this sale are offered for the account of a third party, without any interest (direct or indirect) of the auctioneer or Swann. Where Swann or an affiliate of Swann is the sole or partial owner of the property it is noted by the symbol next to the description of that lot. Under no circumstances will the Consignor receive any rebate commission. Under no circumstances may the Consignor bid upon or buy back his property. 11. Except as may be otherwise expressly provided herein,any and all claims of a purchaser shall be deemed to be waived and without validity unless delivered in writing by registered mail return receipt requested to Swann within thirty (30) days of the date of sale. 12. The rights and obligations of the parties shall be governed by the laws of the State of New York. All bidders and the purchaser submit to the personal juris- diction of the New York State courts and their rules and procedures in the event of any dispute. 13. No waiver or alteration of any of these Conditions of Sale, the Advice to Prospective Bidders, the Limited Warranty, the estimates, or any other matter in this cat- alogue or any other matter whatever (whether made by the auctioneer, or Consignor, or any representative of Swann) shall be effective unless it is in writing and signed by a representative of Swann. 14. THE “LIMITEDWARRANTY” APPEARING BELOW ANDTHE “ADVICE TO PROSPECTIVE BIDDERS” APPEARING OVERLEAF FORM PART OFTHESE CONDITIONS OF SALE. LIMITEDWARRANTY We warrant the authenticity and condition of each lot catalogued herein on the terms and conditions set forth below. 1. Unless otherwise indicated in the respective cata- logue descriptions (which are subject to amendment by oral or written notices or announcements made by Swann prior to sale), we warrant for a period of three (3) years from the date of sale the authenticity of each lot catalogued herein. (Please note Paragraphs 3 and 5 below.) 2. Except as noted above, or unless otherwise indi- cated in the respective catalogue description, we warrant for a period of thirty (30) days from the date of sale to the original buyer of record, that each book or manuscript is complete in text and illustration and generally is in such physical condition as may reason- ably be expected considering the age and provenance. This warranty does not cover damages to binding, stains or foxing, wormholes, short leaves of text or plates or any defect not affecting the completeness of the text. Moreover, this warranty does not cover the lack of inserted advertisements, blank leaves, cancels or subsequently published volumes. 3. Serial publications, books in original parts, extra- illustrated books, made up “albums” and lots described as “sold as is,”“sold not subject to return,”“not collat- ed,” “collection of ” or “group of,” and any lot containing more than three (3) items, are sold as is and therefore not covered by these warranties. 4. The benefits of these warranties are not assignable and are applicable only to the original buyer of the lot, and are conditioned on the buyer returning the work in the same condition as at time of sale and in the time period specified. 5. (a) The buyer’s sole remedy under these war- ranties shall be the rescission of the sale and refund of the original purchase price paid for the item, and this remedy shall be exclusive and in lieu of any other remedy which might otherwise be available to the buyer as a matter of law. (b) In the event that a buyer claims that an item is not authentic, Swann shall have no obligation to rescind the sale unless the buyer has obtained, at the buyer’s expense, the opinion of two recognized experts in the field, who are mutually agreeable to Swann and the buyer, that a lot or portion thereof is not authentic.