NO Reserve-Art, Literature, Royals &Explorers

ONE OF A KIND COLLECTIBLES LLC

For any questions, please email oakauctions@gmail.com

CONDITIONS OF SALE

Miami-Dade County, Florida

These Conditions of Sale constitute the terms and conditions under which property is offered for sale by One Of A Kind Collectibles LLC (?One Of A Kind Collectibles,?? ?OAK,?? ?Auctioneer,?? ?we,?? ?us,?? or ?our??), located in Miami-Dade County, Florida, acting either as agent for the consignor or as owner of property offered for sale. By registering to bid, placing a bid, or participating in an auction conducted by OAK, whether through our website, a third-party online bidding platform, telephone, absentee bid, email, mail, or any other means, the bidder (?Bidder?? or ?Buyer??) acknowledges that the Bidder has read, understands, accepts, and agrees to be legally bound by these Conditions of Sale.

1. DEFINITIONS; BUYER?S PREMIUM

?Bid Price?? or ?Hammer Price?? means the amount of the successful bid accepted for a lot.

?Buyer?s Premium?? means an amount equal to 25% of the Hammer Price, payable by the Buyer to OAK in addition to the Hammer Price.

?Purchase Price?? means the Hammer Price plus the 25% Buyer?s Premium, applicable sales or use taxes, shipping, handling and insurance charges, and any other charges expressly applicable to the transaction.

Third-party bidding platforms may impose additional fees or charges under their own terms. Any such third-party fees are separate from OAK?s Buyer?s Premium unless expressly stated otherwise.

2. BINDING BIDS; BIDDING ERRORS

All bids are binding when submitted. A Bidder is responsible for reviewing the lot number, description, bid amount and maximum bid before placing a bid.

A Bidder should not place a bid unless willing and able to complete the purchase. Once a bid has been accepted and the lot awarded, the Buyer is obligated to pay in accordance with these Conditions. A bid may not be withdrawn or cancelled because of bidder error.

OAK reserves the right, but has no obligation, to correct an obvious clerical or technical bidding error when OAK determines in its reasonable discretion that doing so is appropriate.

3. REGISTRATION AND QUALIFICATION OF BIDDERS

OAK may require identification, references, credit information, deposits, credit card information, proof of funds, or other information as a condition of registration or continued bidding.

OAK reserves the right, in its discretion, to accept, reject, limit, suspend, or revoke bidding privileges.

A person bidding for another individual or entity represents that the person has authority to bind that principal. Unless the agency relationship has been disclosed to and accepted by OAK in writing before bidding, the person placing the bid remains personally responsible for all obligations arising from the bid.

4. ONLINE AND THIRD-PARTY BIDDING

Internet bidding and third-party auction platforms are provided as conveniences to bidders. OAK shall not be responsible for any error, delay, interruption, failure, malfunction, transmission problem, Internet outage, software or hardware failure, platform error, failure to execute a bid, failure of a maximum bid to advance, or other technical problem affecting bidding or participation.

OAK is not responsible for errors or omissions by third-party bidding platforms or service providers. OAK?s records concerning bids, successful bidders, Hammer Prices and other aspects of the sale shall be conclusive in the absence of manifest error.

5. ABSENTEE, TELEPHONE AND ADVANCE BIDS

OAK may accept advance bids by Internet, telephone, email, mail or other methods it elects to make available. These services are provided solely as a convenience, and OAK assumes no liability for failure to execute a bid or for errors or omissions in connection with such bidding.

?Buy,?? ?unlimited,?? or similar bids will not be accepted unless expressly authorized by OAK. In the event of identical bids, OAK may give priority to the bid received first or determine priority according to the applicable bidding platform rules.

6. SUCCESSFUL BIDDER AND DISPUTES

The highest bidder acknowledged by OAK shall be the Buyer. In the event of a dispute between bidders, uncertainty regarding the validity or timing of a bid, a technical problem, or any other bidding dispute, OAK shall have sole and final discretion to determine the successful bidder, continue bidding, cancel the transaction, or re-offer and resell the lot.

If a dispute arises after the auction, OAK?s auction and transaction records shall be conclusive in the absence of manifest error.

7. RESERVES; BIDDING ON BEHALF OF CONSIGNORS

Unless expressly identified as being sold without reserve or absolute, lots may be offered subject to a confidential reserve price. OAK may implement a reserve by opening the bidding or placing successive or responsive bids on behalf of the consignor up to, but not exceeding, the reserve.

If the reserve is not met, the lot may be passed or bought in and remain unsold. A consignor shall not be permitted to artificially bid up property beyond any lawful reserve arrangement.

OAK may own some or all property offered in an auction. Employees, principals or affiliates of OAK may also have financial interests in certain property, provided that any bidding or sale is conducted in accordance with applicable law.

8. WITHDRAWAL, CANCELLATION AND POSTPONEMENT

OAK reserves the right to withdraw any lot before or during an auction, reject any bid, postpone an auction, or cancel or rescind a sale when OAK determines in good faith that circumstances warrant such action.

To the fullest extent permitted by law, OAK also reserves the right to withdraw or rescind a transaction after the auction and before the Buyer has taken physical possession of the lot, including circumstances involving ownership or title issues, material cataloging error, casualty, loss, suspected fraud, authenticity concern, payment issue, or other material circumstance.

If OAK is unable to deliver property for any reason, OAK?s maximum liability shall be limited to the amount actually paid to OAK for the property.

9. CATALOG DESCRIPTIONS; CONDITION; INSPECTION

OAK makes a good-faith effort to accurately research and describe property offered for sale. Unless expressly covered by the authenticity guarantee below, catalog descriptions, dates, measurements, provenance, historical information, condition reports, photographs, illustrations, estimates, attributions, opinions and other information are statements of OAK?s good-faith opinion and are provided for the convenience of bidders.

Property is sold ?AS IS?? and ?WHERE IS,?? subject only to the express guarantees provided in these Conditions of Sale. The absence of a reference to a defect, repair, restoration, alteration, stain, tear, fading, loss, mounting, trimming, foxing, toning, handling wear or other condition issue does not imply that the lot is free from such characteristics. Minor defects and normal signs of age may not be individually described.

Bidders are encouraged to review photographs carefully and may request additional photographs, information or condition reports before bidding. The Bidder is responsible for satisfying himself or herself concerning condition and other relevant characteristics before bidding. This is not an approval sale.

10. ESTIMATES

Pre-auction estimates represent OAK?s good-faith opinion of approximate auction value at the time prepared. Estimates are guides only and are not representations, warranties or guarantees of value or of the price a lot will achieve. A lot may sell for less than, within, or substantially more than its estimate. Estimates do not include the Buyer?s Premium, taxes, shipping, insurance or other charges.

11. AUTHENTICITY GUARANTEE ? OAK CERTIFICATE OF AUTHENTICITY

Unless otherwise expressly stated in the individual lot description, lots sold by OAK as authentic and accompanied by a Certificate of Authenticity issued by OAK are guaranteed as to the authenticity or attribution expressly stated in the catalog description and Certificate of Authenticity.

For purposes of this guarantee, ?Authenticity?? means the genuineness, authorship, or attribution of the item as expressly represented by OAK. An authenticity claim must involve a material discrepancy between the item and OAK?s express representation concerning its genuineness, authorship, or attribution. Differences of scholarly opinion concerning dates, historical interpretation, provenance, condition, value, significance, or other matters that do not materially affect genuineness, authorship, or attribution shall not constitute an authenticity claim.

This guarantee is made solely to the original registered Buyer and is not transferable or assignable to any subsequent owner.

OAK?s authenticity guarantee remains in effect for six (6) months from the date of the auction. If the Buyer becomes aware of information that reasonably calls authenticity into question, the Buyer must notify OAK in writing within thirty (30) days after becoming aware of such information and, in all events, no later than six (6) months from the Auction Date. Failure to provide written notice within the six-month guarantee period terminates the Buyer?s rights under this authenticity guarantee, except to the extent otherwise required by applicable law.

To make an authenticity claim, the original Buyer must: (a) provide written notice identifying the lot and specifically explaining the basis of the challenge; (b) provide authoritative written opinions from two independent, disinterested, recognized experts in the applicable field, reasonably acceptable to OAK, concluding that the item is not authentic or has been materially misattributed; (c) obtain OAK?s authorization before returning the property; (d) return the property within the reasonable period specified by OAK, fully insured and in substantially the same condition in which it was sold; and (e) return the original OAK Certificate of Authenticity and all certificates, letters, documentation or other materials originally accompanying the lot.

OAK shall have a reasonable opportunity to examine the property and all evidence submitted by the Buyer and may obtain additional independent expert opinions before making a determination.

If OAK determines that the lot is materially not authentic or materially misattributed as expressly represented by OAK, the sale shall be rescinded. The original Buyer?s sole and exclusive remedy shall be a refund of the Hammer Price and OAK Buyer?s Premium actually paid for the affected lot. No refund shall be issued until the property and accompanying certificates and documentation have been returned to and received by OAK in substantially the same condition as when sold.

To the fullest extent permitted by applicable law, the Buyer shall not be entitled to recover authentication expenses, appraisal expenses, shipping or insurance expenses, financing costs, third-party platform fees, diminution in value, lost profits, lost opportunity, consequential or incidental damages, punitive or exemplary damages, special damages, statutory or multiplier damages to the extent lawfully waivable, or other costs or damages beyond the Hammer Price and OAK Buyer?s Premium actually paid.

A timely written authenticity claim made during the six-month guarantee period will not be invalid merely because physical return of the item or completion of OAK?s evaluation occurs after expiration of the six-month period, provided the Buyer complies with OAK?s reasonable instructions and deadlines for completing the claim.

12. THIRD-PARTY AUTHENTICATION

When a lot is accompanied by a Certificate or Letter of Authenticity, encapsulation, or authentication issued by an independent recognized third-party authentication service, including services such as PSA/DNA, JSA, Beckett or another recognized authentication provider, such third-party authentication forms part of the basis upon which the lot is offered.

A contrary opinion subsequently issued by another authentication service or individual shall not, by itself, establish that the lot is not authentic or entitle the Buyer to rescission or refund. Any independent warranty offered by a third-party authentication provider is governed by that provider?s own terms, rules and procedures.

Nothing in this section expands OAK?s six-month authenticity guarantee or creates a separate or additional guarantee by OAK.

13. MATERIAL CATALOGING OR CONDITION CLAIMS

Any claim unrelated to authenticity involving a material or gross cataloging error or substantial undisclosed condition issue must be made to OAK in writing within five (5) calendar days after the Buyer receives the property.

The written notice must specifically identify the alleged material discrepancy, and OAK must authorize any return in advance. Normal aging, minor defects, subjective differences concerning condition or value, variations in color between photographs and the physical object, characteristics reasonably visible in catalog photographs, or differences of scholarly opinion shall not constitute a material cataloging error.

If OAK determines that the lot was materially or grossly misdescribed in a manner that would reasonably have affected the decision to purchase it, OAK may rescind the sale upon return of the property in substantially the same condition as when sold.

Except for a timely authenticity claim under Section 11, failure to notify OAK within the five-day period constitutes acceptance of the property and termination of the Buyer?s right to return the property based upon cataloging or condition.

NO RETURN OR REFUND OF ANY AUCTION LOT WILL BE CONSIDERED EXCEPT AS EXPRESSLY PROVIDED IN THESE CONDITIONS OF SALE OR AS OTHERWISE REQUIRED BY APPLICABLE LAW.

14. RESALE THROUGH ONE OF A KIND COLLECTIBLES

As an additional benefit to purchasers, OAK may accept for future consignment property originally purchased from OAK, including property subsequently transferred to heirs or successors. This does not guarantee resale value, estimated value, minimum price, reserve, timing of sale, or acceptance of any particular consignment terms. Any future consignment is subject to OAK?s then-current consignment agreement, commissions, reserves, cataloging requirements and acceptance of the property.

15. PAYMENT

Unless otherwise agreed by OAK in writing, payment in full is due within seven (7) calendar days of the invoice date. Payments must be made in United States dollars by a method approved by OAK. Approved methods may include wire transfer, personal check, cashier?s check, bank check, credit card, electronic payment, or payment through an authorized auction platform.

OAK may establish limits on credit-card payments, require wire transfer or other good funds for particular transactions, or require additional verification before accepting payment. OAK may decline a payment method when reasonably necessary for fraud prevention, security, regulatory compliance or protection against payment reversal.

Payment is not complete until OAK has received cleared and irrevocable funds. Where the Bidder has provided or authorized a credit card or other payment method through OAK or a third-party auction platform and applicable platform rules and law permit it, OAK may process amounts properly due on an unpaid invoice using that authorized payment method.

16. TITLE TO PROPERTY

Legal title to purchased property shall not pass to the Buyer until OAK has received the entire Purchase Price and all other amounts due in cleared and irrevocable funds. OAK may retain possession of purchased property until all amounts owed by the Buyer to OAK have been paid.

The Buyer grants OAK, to the extent permitted by applicable law, a security interest in property purchased from OAK and in other property of the Buyer held by OAK as security for the Buyer?s obligations. OAK may apply funds or credits otherwise due to the Buyer against amounts the Buyer owes OAK, to the extent permitted by law.

17. FAILURE TO PAY; DEFAULT

Failure to pay an invoice when due or otherwise comply with these Conditions constitutes a default. Upon default, OAK may exercise any remedy available by law and may: cancel or rescind the sale; retain any deposit or partial payment to the extent permitted by law; hold the Buyer liable for the entire Purchase Price; resell the property publicly or privately, with or without reserve, and hold the defaulting Buyer responsible for any deficiency; charge reasonable costs associated with the default and resale, including storage, handling, shipping, insurance, platform fees, commissions, collection expenses, court costs and reasonable attorneys? fees to the extent recoverable by law; suspend or terminate bidding privileges; report the default to an auction platform or appropriate collection service as permitted by law; and exercise OAK?s rights as a secured creditor to the extent permitted by law.

Any overdue balance may accrue a late charge or interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law, beginning after payment becomes due. If a Buyer purchases multiple lots and makes a payment insufficient to satisfy the entire invoice, OAK may apply that payment to such lot or obligation as OAK determines in its reasonable discretion.

18. CREDIT CARD DISPUTES AND CHARGEBACKS

A Buyer agrees to contact OAK promptly and in good faith regarding any disputed charge before initiating a chargeback or payment reversal whenever reasonably practicable. A chargeback, payment reversal or other action by a financial institution does not by itself determine the validity of the underlying auction transaction or extinguish amounts lawfully owed under these Conditions.

If a chargeback or payment reversal is initiated without valid legal basis and OAK successfully establishes that the Purchase Price remains due, the Buyer remains responsible for amounts lawfully owed together with recoverable costs of collection. Nothing in these Conditions is intended to waive any right that applicable law prohibits a consumer from waiving.

19. SALES TAX

Applicable sales or use taxes will be collected when required by law. A Buyer claiming exemption must provide OAK with a valid resale certificate or other legally sufficient exemption documentation before the transaction is completed. Taxes collected directly by a third-party auction marketplace or payment platform may be governed by that platform?s policies and applicable law.

20. SHIPPING, HANDLING AND INSURANCE

All shipping, packing, handling, insurance, customs charges and related expenses are the responsibility of the Buyer unless OAK expressly agrees otherwise in writing. OAK may arrange shipment as a convenience using FedEx, USPS, UPS, another common carrier, or a third-party packing or shipping provider.

Unless otherwise agreed in writing, property will be shipped only after full payment has been received and funds have cleared. OAK may require insurance and signature confirmation and may refuse a requested shipping method that it reasonably considers inappropriate for the value, size, fragility or nature of the property.

OAK will ordinarily ship to the address appearing on the Buyer?s invoice or verified payment records. The Buyer is responsible for promptly notifying OAK of any authorized address change before shipment. For security reasons, OAK may require additional verification before shipping to an alternate address. Shipping and delivery dates are estimates and are not guaranteed.

21. THIRD-PARTY SHIPPERS AND PICKUP

If a Buyer elects to use an independent third-party shipper, packer, courier or agent, the Buyer is responsible for making the arrangements and paying all related charges. OAK may require written authorization before releasing property to a third party.

Once property has been released to a carrier, third-party shipper, courier or other agent selected or authorized by the Buyer, risk associated with that party?s possession, packing, handling and transportation passes to the Buyer to the extent permitted by applicable law. OAK shall not be responsible for acts or omissions of independent third-party packers, shippers or carriers merely because OAK provided contact information or assisted in arranging service.

22. RISK OF LOSS

Until property has been paid for in full, OAK may retain possession of it. Risk of loss shall pass to the Buyer upon the earlier of: (a) the Buyer or Buyer?s authorized representative taking physical possession; or (b) delivery of the property to a carrier or independent shipper for transportation to the Buyer, subject to any insurance coverage applicable to the shipment. Claims involving loss or damage during transportation shall be handled under applicable carrier and insurance procedures.

23. INTERNATIONAL BUYERS

International Buyers are responsible for determining and complying with all applicable import, export, customs and cultural-property laws and regulations. The Buyer is responsible for customs duties, VAT, taxes, brokerage fees, import charges and other governmental charges imposed by the destination country.

OAK will not falsify customs documentation or intentionally declare an inaccurate value. Denial or delay of an export or import license or other governmental authorization does not cancel or postpone the Buyer?s payment obligation unless OAK expressly agrees otherwise in writing.

24. COPYRIGHT AND REPRODUCTION RIGHTS

Purchase of a letter, manuscript, photograph, artwork, document, book or other property does not convey copyright, publication rights, reproduction rights, trademark rights or other intellectual-property rights unless such rights are expressly included in writing as part of the sale. OAK retains the right to use photographs and descriptions of property for archival, promotional, scholarly and business purposes to the extent permitted by law and any applicable agreement.

25. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, and except for the express remedies provided under OAK?s authenticity guarantee or liability that cannot lawfully be limited, OAK?s maximum liability arising from any lot, bid, auction or transaction shall not exceed the Hammer Price and OAK Buyer?s Premium actually paid to OAK for the specific lot giving rise to the claim.

To the fullest extent permitted by applicable law, the Buyer waives and shall not recover from OAK or its affiliates, members, managers, officers, employees, agents or contractors any consequential, indirect, incidental, special, exemplary or punitive damages; lost profits or lost opportunity; diminution in value; financing or authentication costs; statutory or multiplier damages to the extent lawfully waivable; or other damages beyond the amount actually paid to OAK for the affected lot.

The remedies expressly provided in these Conditions are intended to be the Buyer?s sole remedies to the fullest extent permitted by applicable law.

26. FLORIDA LAW; ARBITRATION; MIAMI-DADE COUNTY

These Conditions of Sale and all transactions with OAK shall be governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Except for matters that applicable law prohibits from being arbitrated, any dispute, claim or controversy arising out of or relating to an auction, lot, bid, purchase, these Conditions, or the relationship between the Buyer and OAK shall be resolved by confidential, binding arbitration before a single arbitrator in Miami-Dade County, Florida.

Unless the parties otherwise agree in writing, arbitration shall be administered by the American Arbitration Association (?AAA??) under the rules applicable to the dispute and shall be governed by the Federal Arbitration Act and, where applicable, the Revised Florida Arbitration Code.

The arbitrator may grant remedies authorized by applicable law and these Conditions but shall not award consequential, indirect, exemplary or punitive damages to the extent such damages have been validly waived. Judgment on an arbitration award may be entered in any court having jurisdiction.

OAK may seek provisional, injunctive, possessory or other emergency relief from a court of competent jurisdiction when reasonably necessary to preserve property, secure payment, protect the effectiveness of arbitration, or prevent immediate harm without waiving arbitration. For any dispute not subject to arbitration, the parties consent to jurisdiction and venue in the appropriate state or federal court located in Miami-Dade County, Florida, to the extent permitted by law.

27. ATTORNEYS? FEES AND COLLECTION COSTS

In a proceeding arising from a Buyer?s failure to pay amounts properly due under these Conditions, OAK shall be entitled to recover its reasonable attorneys? fees and costs to the extent permitted by applicable law. In other arbitration proceedings, allocation of attorneys? fees, arbitration expenses and costs shall be determined by applicable law, applicable arbitration rules and the arbitrator.

28. TIME LIMIT FOR CLAIMS

Except for an authenticity claim governed by the specific six-month guarantee in Section 11, any claim against OAK arising from an auction or transaction must be commenced within one (1) year after the event giving rise to the claim, or within such longer period as applicable law does not permit the parties to shorten. This section does not extend the five-day notification period for material condition or cataloging claims under Section 13.

29. ENTIRE AGREEMENT; NO ORAL MODIFICATION

These Conditions of Sale, together with any written auction-specific terms and applicable registration terms expressly incorporated into them, constitute the agreement between OAK and the Bidder concerning the auction. No oral statement by an employee, representative, consignor or other person shall amend these Conditions. Any waiver, modification or exception must be in writing and authorized by OAK. A waiver by OAK on one occasion shall not constitute a waiver on another occasion.

30. SEVERABILITY

If any provision of these Conditions is determined to be invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permitted by law or severed as necessary, and the remaining provisions shall continue in full force and effect.

31. ELECTRONIC ACCEPTANCE

Registration, electronic acceptance of auction terms, placement of a bid or other electronic participation in an OAK auction constitutes acceptance of these Conditions of Sale to the same extent as a written acceptance. The Bidder should retain a copy for the Bidder?s records.

32. FINAL ACKNOWLEDGMENT

BY REGISTERING FOR OR PARTICIPATING IN AN AUCTION CONDUCTED BY ONE OF A KIND COLLECTIBLES LLC, THE BIDDER ACKNOWLEDGES THAT THE BIDDER HAS READ, UNDERSTANDS AND AGREES TO THESE CONDITIONS OF SALE, INCLUDING THE 25% BUYER?S PREMIUM, PAYMENT OBLIGATIONS, SIX-MONTH AUTHENTICITY GUARANTEE AND RETURN PROCEDURES, LIMITATIONS OF LIABILITY, AND BINDING ARBITRATION PROVISION.