Conditions of Sale Bailey's Auction Service AS AGENT The lots listed in this catalogue will be offered by Bailey's Auction Service as owner or as agent for consignor(s) subject to the following terms and conditions. By bidding at auction you agree to be bound by these Conditions of Sale. BEFORE THE SALE Prospective buyers are strongly advised to personally examine any property in which they are interested before the auction takes place. All lots are sold AS IS and without recourse and neither Bailey's Auction Service nor its consignor(s) makes any warranties or representations, express or implied with respect to such lots. Neither Bailey's Auction Service nor its consignor(s) makes any express or implied warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. No statement, whether written or oral, and whether made in the catalogue, or in supplements to the catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. Bailey's Auction Service. and its consignor(s) make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Bailey's Auction Service expressly reserves the right to reproduce any image of the lots sold in the catalogue. AT THE SALE Refusal of Admission: Bailey's Auction Service has the right, at our complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid. Registration before Bidding A prospective buyer must complete and sign a registration form and provide identification before bidding. Bidding as Principal When making a bid, a bidder is accepting personal liability to pay the purchase price, including the buyer's premium, all applicable taxes(if needed) and shipping. Sales Tax Indiana residents are subject to sales tax unless your tax exempt. Absentee Bids We will use reasonable efforts to carry out written bids given to us at least 24 hours prior to the sale for the convenience of clients who are not present at the auction in person, by an agent or by telephone. Telephone Bids if a prospective buyer makes arrangements with us prior to the commencement of the sale we will use reasonable efforts to contact them to enable them to participate in the bidding by telephone and we do not accept liability for failure to do so or for errors and omissions in connection with telephone bidding. Online Bids We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the Internet or software malfunctions related to the execution of online bids. Reserves Some lots in the sale may be subject to a reserve which is the confidential minimum price below which such lot will not be sold. Auctioneer's Discretion The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide, to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive. Successful Bid The highest bidder acknowledged by the auctioneer will be the purchaser. In the case of a tie bid, the winning bidder will determined by the auctioneer at his or her sole discretion. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder or to reoffer the lot in dispute. If any dispute arises after the sale, the Bailey's Auction Service sale record shall be conclusive. AFTER THE SALE Buyer's Premium In addition to the hammer price, the buyer agrees to pay Bailey's Auction Service a buyer's premium and the applicable sales tax(if needed) added to the final total. The buyer's premium for purchases made via online bidding is Ten percent (10%) of the hammer plus an additional 4% for credit card. Onsite buyers pay a buyer's premium of 10% plus an additional 3% if they pay their bill by credit card. Payment Onsite buyer's must pay their bill the day of the sale either by cash, or any major form of credit card. The online buyers must pay the entire amount due (including the hammer price, buyer's premium, all applicable taxes( if needed) )and shipping, no later than 24 hours after the Auction is over. Payment in U.S. dollars may be made with cash or major credit card ; unless other arrangements are made with Bailey's Auction Service. Bailey's Auction Service does charge a Four (4%) Surcharge on credit card purchases online and 3% Surcharge for onsite buyers. Collecting Purchases Once Bailey's Auction Service has received all funds due to us, purchased lots will be shipped out or to be picked up. Packing and Shipping Bailey's Auction Service will help arrange shipping. Most shipping will be in house except larger purchases can be picked up or taken to packing company. Shipping will be the cost it will be, there will be no extra charges. If Buyer has a preference for shipping we will do it. Please contact Bailey's Auction Service for any shipping questions prior to bidding. appleflorida@yahoo.com or 317-385-0190 Non Payment If we do not receive payment in full following the sale, we are entitled in our absolute discretion to exercise one or more of the following measures, in addition to any additional actions available to us by law: 1.) to hold the defaulting buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law 2.) to cancel the sale 3.) to resell the property at public auction without reserve, and with the purchaser liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages. Payment will not be deemed to have been made in full until we have collected funds by Cash or Major Credit Card. 4.) to not allow any bids at any upcoming auctions by or on behalf of the buyer Failure to Collect Purchases LIABILITY Condition Reports Bailey's Auction Service highly recomends to look over the pictures for condition of the merchandise and authenticity or call the Auction Company with any questions prior to the Auction. Bailey's Auction Service will not be responsible for the correctness of any statement of any kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Neither the seller, or ourselves give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot. Purchased Lots If for any reason a purchased lot cannot be delivered in the same condition as at the time of sale, or should any purchased lot be stolen, mis-delivered or lost prior to delivery, Bailey's Auction Service shall not be liable for any amount in excess of that paid by the purchaser. Legal Ramifications The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in Indiana. If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law. Discretion Any and all of the conditions may be waived or modified in the sole discretion of Bailey's Auction Service.