CONDITIONS OF SALES All sales are final, and all property is sold "As is, where is." It is the bidder's responsibility to determine condition of the items purchased. We attempt to describe all the items you are bidding on to the best of our ability and many times rely on information from the consignor that is given to us. If you have questions or are NOT SURE about the condition of or anything pertaining to an item in our auction, please do not hesitate to pick up the phone and give us a call. Call Kathy (713)210-9188 BUYER'S PREMIUM We charge a 15% buyer's premium. BIDDING A bid by any person shall be conclusive proof that the person has made himself acquainted with these conditions of sale and has agree to be bound by them. In the event of non-payment during posted pickup days, we reserve the right to charge the outstanding invoice balance to the credit card you provided upon registration. Failure to honor your bid may result in loss of bidding privileges. PAYMENT 105 Auction Gallery accepts VISA, Mastercard, AMEX and Discover. We do not accept checks or cashier checks. All credit card payments shall be processed by 105 Auction Gallery. AUTHENTICITY Though all descriptions are believed to be correct, neither auction house nor seller makes any warranties of any kind with respect to the property and in no event shall be held responsible for having made or implied any warranty of description, genuineness, authorship, attribution, provenance, period, culture, source origin, fitness for a particular purpose, condition etc. AUCTION Persons attending preview or auction during removal of goods assume all risks of damage of or loss to person and property and specifically release the auctioneer from liability, therefore. Neither auctioneer nor his principal shall be liable by reason of any defect in or condition of the premises on which the sale is held including but not limited to personal injury, fire or theft. If foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and Seller by law, including without limitation, the right to hold the purchaser liable for the bid price, auctioneer at his option may 1) resell the property publicly or privately, with the purchaser being liable for the payment of any deficiency plus all costs incurred or 2) cancel the sale, retaining all liquidated damages on all payment made by purchaser. Auctioneer commission and all other incidental damages will be charged. Auctioneer is acting as an agent and agent only and is not responsible for the acts of his or her principals. PICK UP TIMES Pick up times are firm unless extenuating circumstances warrant i.e., acts of nature, etc. All items must be picked up during the published times. If you cannot make pickup during the established times, DO NOT BID. Do not risk placing a bid hoping that we can store your items! We do not have the room or the resources to store your items. Again, if you cannot make pickup during the established times, DO NOT BID. If you do choose to bid and fail to pick up your items during the published times, we will charge the credit card on your file for the invoiced amount. If late pickup is requested, we will charge the card on your file $25 penalty fee for the first day and $10 for each additional day up to 7 days at which time items will become property of the auction house and will be resold. Failure to abide by the pickup times may result in loss of bidding privileges. 105 Auction Gallery DOES NOT provide packing materials or containers. Buyer is responsible for loading and tying down their own purchases. 105 Auction Gallery DOES NOT and WILL NOT help load or do tie downs. BRING YOUR OWN HELP. MAILING We only ship small items. We DO NOT ship furniture, framed pictures, or mirrors. (1) We ship books by media mail for USA only. We will add $5.00 to cover shipping material costs plus media mail rates. (2) Rolled Prints and pictures will be shipped in tubes only with a flat charge of $8.00 for the tube plus first class mail rate. (3) $10.00 will be charged for international shipping to cover the custom paperwork plus shipping. (4) $5.00 handling fee will be added to shipping rates. GOVERNING LAWS The laws of the state of Texas govern this agreement. Any and all lawsuits must be filed in Grimes County courts. INDEMNIFICATION: Buyer shall indemnify 105 Auction Gallery against any claims, damages, or liability (including reasonable attorney's fees) as a result of an injury or other harm suffered by any person and stemming from the sale, whether arising before, during, or after the sale. Buyer agrees to indemnify 105 Auction Gallery for any damages or losses. Buyer will not hold 105 Auction Gallery, it's owners, affiliates or its employees, liable for accidents, injury, theft, or incidents related to this purchase. Barbara Brooks