Catalog: Marilyn Monroe: The Red Velvet Images

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Marilyn Monroe: The Red Velvet Images

Collectibles & Memorabilia

Butterfields

U.S. dollar (US $)

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This exciting sale includes images and intellectual property rights to the five famous nude images of Marilyn Monroe, along with other related Marilyn Monroe Memorabilia.

Terms and Conditions

Conditions of Sale

The following as amended by any posted notices or verbal announcements during the sale constitutes the entire terms and conditions on which property listed in the catalogue shall be offered for sale or sold by Butterfields, Auctioneers Corp. and any consignor of such property for whom we act as agent.

1. As used herein, the term "bid price" means the price at which a lot is knocked down to the purchaser, and the term "purchase price" means the aggregate of (a) the bid price, (b) A PREMIUM PAYABLE BY THE PURCHASER OF 15% OF THE FIRST $50,000 OF THE BID PRICE AND 10% OF AMOUNTS OVER $50,000 and (c) unless the purchaser is exempt by law from the payment thereof, any California, Colorado, Illinois, Arizona or Nevada state or local sales tax (or compensating use tax of another state) and other applicable taxes. We have been authorized by the consignor to retain, as part of our remuneration, the premium payable by the purchaser.

2. On the fall of the auctioneer's hammer, the highest bidder shall be deemed to have purchased the offered lot in accordance with all of the conditions set forth herein and thereupon (a) assumes full risk and responsibility therefore, (b) if requested will sign a confirmation of purchase and (c) will pay the purchase price in full or such part as we may require for all lots purchased. To prevent misdelivery and inconvenience in settlement of a purchase, no lot may be transferred. All property shall be removed from our premises at the purchaser's expense not later than 5:00 p.m. three calendar days following the date of the sale. If not so removed, we may transfer the property to a public warehouse at the purchaser's risk and expense. Each sale made pursuant to these Conditions of Sale will be deemed to constitute a grant of a security interest by the purchaser to us in, and we may retain as collateral security for the purchaser's obligations to us, any of the purchaser's property in our possession, and we may apply against such obligations all monies held or received by us for the account of, or owing to, the purchaser. Whenever the purchaser pays only a part of the total purchase price for one or more lots purchased, we may apply such payments, in our sole discretion, to the lot or lots we choose. Payment will not be deemed made in full until we have collected all amounts due in cash or good funds represented by cleared checks or cashier checks. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to us and the consignor by law, including but without limitation, the right to hold the purchaser liable for the purchase price, we at our option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs and expenses of both sales, our commission at our standard rates, all other charges due hereunder, attorney's fees and incidental damages. All fees, commissions, premiums, bid price and other sums due to us from the purchaser and not paid promptly as provided in this paragraph 2, shall bear interest at 1-1/2 % per month from the fourth day following the sale to the date payment is received.

3. We reserve the right to withdraw any property at any time before the actual sale. Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the catalogue and no lot shall be divided for sale.

4. We reserve the right to reject a bid from any bidder. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, or in the event the auctioneer doubts the validity of any bid, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sales records shall be conclusive in all respects.

5. If we are prevented by fire, theft or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid therefore by the purchaser and shall in no event include any incidental or consequential damages.

6. If the consignor is indebted to or has a monetary guaranty from us and in certain other instances, we may have an interest in an offered lot and the proceeds therefrom other than our commissions, and may bid therefore to protect such interest. We are entitled to our standard commission rate when a lot is "bought-in" to protect our interest.

7. If a lot is offered subject to a reserve (the confidential minimum price below which the lot will not be sold), we may implement such reserve by bidding on behalf of the consignor, whether by opening bidding or continuing bidding in response to other bidders until reaching the reserve. Consignors are not allowed to bid on their own items.

8. ALL STATEMENTS CONTAINED IN THE CATALOGUE OR IN ANY BILL OF SALE, INVOICE OR ELSEWHERE AS TO AUTHORSHIP, PERIOD, CULTURE, SOURCE, ORIGIN, MEASUREMENT, QUALITY, RARITY, PROVENANCE, IMPORTANCE, EXHIBITION AND LITERATURE OF HISTORICAL RELEVANCE OR PHYSICAL CONDITION ARE QUALIFIED STATEMENTS OF OPINION AND NOT REPRESENTATIONS OR WARRANTIES. No employee of Butterfields, Auctioneers Corp is authorized to make on our behalf or that of the consignor any representation or warranty, oral or written, with respect to any property.

9. LIMITED RIGHT OF RESCISSION: If within a reasonable time (which in no event shall exceed six months) of the date of sale of any lot, the original purchaser (a) gives notice in writing to us alleging that the identification of Authorship (as defined below) of such lot as set forth in the BOLD TYPE heading of the catalogue description of such lot (as amended by any posted notices or verbal announcements during the sale) is not substantially correct based on a fair reading of the catalogue (including the terms of any glossary contained therein), and (b) within 10 days after such notice returns the lot to us in the same condition as at the time of sale and (c) establishes the allegation in the notice to our satisfaction, then the sale of such lot will be rescinded and, unless we have already paid to the consignor monies owed him in connection with the sale, the original purchase price will be refunded. If, prior to receiving such notice from the original purchaser alleging such defect, we have paid the consignor monies owed him in connection with the sale, we shall pay the original purchaser the amount of our commissions, any other sale proceeds to which we are entitled and applicable taxes received from the purchaser on the sale and make demand on the consignor to pay the balance of the original purchase price to the original purchaser. Should the consignor fail to pay such amount promptly, we shall disclose the identity of the consignor and assign to the original purchaser our rights against the consignor with respect to the lot the sale of which is sought to be rescinded. UPON SUCH DISCLOSURE AND ASSIGNMENT, ANY LIABILITY OF BUTTERFIELDS, AUCTIONEERS CORP. AS CONSIGNOR'S AGENT WITH RESPECT TO SAID LOT SHALL AUTOMATICALLY TERMINATE. The foregoing limited right of rescission is available to the original purchaser only and may not be assigned to or relied upon by any subsequent transferee of the goods sold. The purchaser hereby accepts the benefit of the consignor's warranty of title and other representations and warranties made by the consignor for the purchaser's benefit. Nothing in this paragraph shall be construed as an admission by us of any representation of fact, express or implied, obligation or responsibility with respect to any lot. THE PURCHASER'S SOLE AND EXCLUSIVE REMEDY AGAINST BUTTERFIELDS, AUCTIONEERS CORP. OR IN THE EVENT OF THE PURCHASER'S DISSATISFACTION WITH LOTS SOLD HEREUNDER, FOR ANY REASON WHATSOEVER, IS THE LIMITED RIGHT OF RESCISSION DESCRIBED IN THIS PARAGRAPH 9. THE PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES. "Authorship" means only the identity of the creator, the period, culture and source or origin of the lot, as the case may be, as set forth in the BOLD TYPE heading of a catalogue entry. The right of rescission does not extend to (a) works executed before 1870 unless these works are determined to be counterfeit, as this is a matter of current scholarly opinion which can change, (b) titles or other identification of offered lots or descriptions of physical condition and size, quality, rarity, importance, provenance, exhibition and literature of historical relevance, which information normally appears in lower case type below the BOLD TYPE heading identifying the Authorship.

10. If packing and handling of purchased lots is done by us, it is done at the entire risk of the purchaser. We are not liable for any acts or omissions of carriers or packers, including those we may recommend. Such carriers or packers may carry their own insurance and any claim for loss or damage should be addressed directly to them.

11. All items are to be paid for by (a) cash, (b) cashiers check or (c) personal check with approved credit.

12. These Conditions of Sale and the purchaser's and our respective rights and obligations hereunder are governed by the laws of the state in which the property is purchased at auction. By bidding at an auction, whether in person or by agent, orderbid, telephone or other means, the buyer or bidder agrees to be bound by these Conditions of Sale. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof, brought by or against Butterfields (but not including claims brought against the consignor by the purchaser of lots consigned hereunder) shall be resolved by the following procedures: 
(a) Within 30 days of written notice that there is a dispute, the parties or their representatives may meet at a time and place mutually agreed upon, to mediate their differences. If the parties agree, a mediator acceptable to the parties shall be selected. The mediator shall be an attorney, shall be trained in mediation techniques and be familiar with commercial law and the California Uniform Commercial Code (UCC). The responsibility for the mediator's fees shall be shared equally by all parties. All parties to the mediation shall have actual authority to settle the dispute. Any statements made during the mediation process shall be considered to be made in the context of settlement discussions, and shall not be admissible in any subsequent arbitration or judicial proceeding. The proceedings and any resolution shall be confidential and the terms governing arbitration set forth in paragraph c.1, below shall govern. 
(b) If the parties cannot agree to mediation, or if mediation does not resolve the dispute, or in any event no longer than 60 days after receipt of written notice, referred to above, the parties shall submit the dispute for binding arbitration before a single neutral arbitrator selected from the panel of Arbitrators provided by the American Arbitration Association (AAA). If, within 15 days, the parties cannot agree on an arbitrator, then AAA shall select one (1) person as arbitrator in accord with AAA rules. The arbitrator shall be an attorney, experienced in commercial law and with the UCC. The arbitrator shall be required to follow the law in making his award, and the award shall be in writing and shall set forth findings of fact and legal conclusions. 
(c) The arbitration shall occur within 60 days of the selection of the arbitrator, in either San Francisco or Los Angeles, California unless the parties agree to another location. Discovery and the procedure for the Arbitration shall, unless otherwise agreed to by the parties, follow the procedures and policies of AAA governing commercial arbitrations, subject however to the following modifications. 
1. All arbitration proceedings shall be confidential. None of the parties nor the arbitrator, may disclose the existence, content or results of the arbitration without the written consent of all parties. 
2. The parties shall attempt to agree on the issues to be arbitrated, in writing no later than 45 days prior to arbitration. 
3. Unless otherwise agreed by the parties, discovery, if any, shall be limited as follows: (a) Requests for no more than 10 clearly identified categories of documents, to be provided to the requesting party within 14 days of written request therefore; (b) Depositions: No more than two (2) per party, provided however, the deposition(s) are to be completed within one (1) day; (c) Compliance with the above shall be enforced by the arbitrator in accord with California law. 
4. Each party shall have no longer than eight (8) hours to present its position. The entire hearing before the arbitrator shall not take longer than three (3) consecutive days, unless all parties agree otherwise in writing. The award shall be made in writing no more than 30 days following the end of the proceeding. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Each party shall bear its own attorney's fees and costs in connection with the proceedings and shall share equally the fees and expenses of the arbitrator.

13. These Conditions of Sale shall bind the successors and assigns of all bidders and purchasers and inure to the benefit of our successors and assigns. No waiver, amendment or modification of the terms hereof (other than posted notices or oral announcements during the sale) shall bind us unless specifically stated in a writing signed by us. If any part of these Conditions of Sale is for any reason invalid or unenforceable, the rest shall remain valid and enforceable.

Absentee Bids 
As a service to those wishing to place bids, we may at our discretion accept bids without charge in advance of sale by telephone, or in writing on bidding forms available from us. "Buy" bids will not be accepted; all bids must state the highest bid price the bidder is willing to pay. As noted above, a premium payable by the purchaser will be added to the bid price. In the event identical bids are submitted, the earliest will take precedence. Absentee bids shall be executed in competition with other absentee bids, any applicable reserve and bids from the audience. Successful absentee bids are not acknowledged, but sale results and selling prices for any lot may be obtained by telephoning us during normal business hours. We assume no responsibility for failure to execute these bids for any reason whatsoever.

Estimated Prices 
As a convenience to our clients, we furnish pre-sale estimates for all lots included in the catalogue. These are intended as an approximate guide to current market value, and should not be interpreted as a price. Bidding normally begins at about one-third to one-half the estimate but the final bid price may well be less than or more than any estimate printed.

Limitation on Liability 
EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD "AS IS" AND NEITHER BUTTERFIELDS, AUCTIONEERS CORP., NOR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY OR AS TO WHETHER THE PURCHASER ACQUIRES ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN LOTS SOLD OR AS TO WHETHER A WORK OF ART IS SUBJECT TO THE ARTIST'S MORAL RIGHTS OR OTHER RESIDUAL RIGHTS OF THE ARTIST.

Butterfields Auctioneers, use the following increment multiples:
50-200	$10 increments
200-500	$25 increments
500-1000	$50 increments
1000-2000	$100 increments
2000-5000	$250 increments
5000-10,000	$500 increments
A Buyer's Premium will be charged to buyers on lots purchased.

THESE CONDITIONS OF SALE DIFFER FROM THE TERMS & CONDITIONS OF SALE FOR BUTTERFIELDS ITEMS ON eBAY GREAT COLLECTIONS IN THE STANDARD 24/7 FORMAT.

Location of Items

Los Angeles

Auction Currency

(US $) Learn more

Bid Increment Table

Minimum Value	Maximum Value	Expected Bid Increment
from US $0.00	to US $49.00	US $5.00
from US $50.00	to US $199.00	US $10.00
from US $200.00	to US $499.00	US $25.00
from US $500.00	to US $999.00	US $50.00
from US $1,000.00	to US $1,999.00	US $100.00
from US $2,000.00	to US $4,999.00	US $250.00
from US $5,000.00	to US $9,999.00	US $500.00
from US $10,000.00	to US $19,999.00	US $1,000.00
from US $20,000.00	to US $49,999.00	US $2,500.00
from US $50,000.00	to US $99,999.00	US $5,000.00
from US $100,000.00	to US $999,999.00	US $25,000.00
from US $1,000,000.00	and above	US $50,000.00
In live auctions, bid increments may change rapidly. The auction house may not follow the bid increment table at all times.

Buyer Premium Table

Minimum Value	Maximum Value	% Buyer's Premium
from US $0.00	to US $15,000.00	17.5%
from US $15,001.00	to US $50,000.00	15%
from US $50,001.00	and above	10%

Expert Contact

Name:	Butterfields Entertainment
Email:	live@fineartauctioneer.com
Telephone Number:

Administrative Contact

Name:	Client Services
Email:	live@fineartauctioneer.com
Telephone Number:	323.436.5420

Preview Information

Public Preview will be held in our Los Angeles Gallery located at 7601 Sunset Blvd. from Friday, March 16th through Sunday, March 18th. Please contact our gallery at (323) 850.7500 for further information.

Auction House Requirements

Seller Requires Either a CC on File or Being Registered through Equifax.

Payment Conditions

Visa/MasterCard,Money Order/Cashiers Checks,Personal Checks,Other,See Catalog description for payment methods accepted

Shipping Options

Seller ships internationally (worldwide).

Still have a question? Ask our Live Auctions support staff at lasupport@ebay.com .

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