Auction Terms & Conditions Conditions of Sale ANYONE EITHER REGISTERING TO BID OR PLACING A BID ("BIDDER") ACCEPTS THESE CONDITIONS OF SALE AND ENTERS INTO A LEGALLY, BINDING, ENFORCEABLE AGREEMENT WITH SCHILLING AUCTION SERVICES, LLC. ("SCHILLING AUCTION SERVICES, LLC.", "THE AUCTIONEER", TOGETHER WITH BIDDER, THE "PARTIES"). The following terms and conditions ("Conditions of Sale") constitute the sole terms and conditions under which Auctioneer(s) will offer for sale and sell the property described in the catalog of items for auction (the "Catalog"). These Conditions of Sale constitute a binding agreement between the Parties with respect to the auction in which Bidder participates (the "Auction"). By bidding at the Auction, whether in person, through an agent or representative, by telephone, facsimile, online, absentee bid, or by any other form of bid or by any other means, Bidder acknowledges the thorough reading and understanding of all of these Conditions of Sale, all descriptions of items in the Catalog, and all matters incorporated herein by reference, and agrees to be fully bound thereby. This acknowledgement is a material term of these Conditions of Sale and of the consideration under which Schilling Auction Services, LLC, "Auctioneer" agrees to these terms. Schilling Auction Services, LLC "Auctioneer": This Auction is presented by Schilling Auction Services, LLC., as identified with the applicable information on the title page of the Catalog or on the Schillingauctions.com Internet site. The Auction is conducted under these Conditions of Sale. Announcements and corrections from the podium at live auctions and those made through the Conditions of Sale appearing on the Internet through hibid.com and at Schillingauctions.com supersede those in any the pre-printed Catalog. All Items sold As Is, Where Is. *PLEASE NOTE PAYMENT IS BY CASH AND/OR GOOD CHECK ONLY. Bidder: Bidder shall mean the original Bidder on the property offered for sale by Auctioneer and not any subsequent owner or other person who may acquire or have acquired an interest therein. If Bidder is an agent, the agency must be disclosed in writing to Schilling Auction Services, LLC, prior to the time of sale, otherwise the benefits of the warranty shall be limited to the agent and not transferable to the undisclosed principal. The rights granted to Bidder under these Conditions of Sale are personal and may not be assigned or transferred to any other person or entity, whether by operation of law or otherwise without the express written assent of Schilling Auction Services, LLC. Bidder may not transfer, assign, or otherwise convey these Conditions of Sale or any of the rights herein, and such purported transfer, assignment, or conveyance shall be null and void. No third party may rely on any benefit or right conferred on any Bidder by these Conditions of Sale, and no third party is intended as a beneficiary of these Conditions of Sale. Bids will not be accepted from minor persons under eighteen (18) years of age without a parent's written consent containing an acknowledgment of the Conditions of Sale herein and indicating their agreement to be bound thereby on behalf of the Bidder. All Bidders must meet Schilling Auction Services, LLC.'s qualifications to bid. Any Bidder who is not a client in good standing of Schilling Auction Services, LLC. may be disqualified at Schilling Auction Services, LLC.'s "Auctioneer's" sole option and will not be awarded lots. Such determination may be made by Schilling Auction Services, LLC. in its sole and unlimited discretion, at any time prior to, during, or even after the close of the Auction. Schilling Auction Services, LLC. reserves the right to exclude any person from the Auction. If an entity places a bid, then the person executing the bid on behalf of the entity agrees to personally guarantee payment for any successful bid. By accepting the Conditions of Sale, Bidder personally and unconditionally guarantees payment. Extended Bidding: If this is a timed auction, If a bid is placed in the last 2 minute(s) the auction will automatically extend for an additional 2 minute(s). Buyer's Premium: The Bidder acknowledges and agrees that a 10% buyer's premium, will be added to the hammer price on all individual lots sold in timed online Auctions (the "Buyer's Premium"). For payment other than by cash, delivery will not be made unless and until full payment has been received by Schilling Auction Services, LLC, i.e. check has fully cleared. Unless otherwise agreed in writing, signed by an authorized representative of Schilling Auction Serivces, LLC, payment in full is due within seven (7) calendar days of the Auction or within seven (7) calendar days of the invoice date, whichever is later. Bidding: Each Bidder's determination of its bid should be based upon its own examination of the item(s), rather than the strict reliance as to what is represented in the Catalog, online or elsewhere. In any purchase or sale, the value of the item(s) is determined by the price. THE BIDDER HEREBY ASSUMES ALL RISKS OF VALUATION CONCERNING ANY AND ALL PURCHASES. Schilling Auction Services, LLC. IS NOT RESPONSIBLE FOR ERRORS IN BIDDING. A Bidder should make certain to bid on the correct lot and that the bid is the maximum (plus the Buyer's Premium) that the Bidder is willing and able to pay. Since other Bidders will be present and involved, and since a re-offering could damage the momentum of the sale, once the hammer has fallen and Auctioneer has announced the winning Bidder, such Bidder is unconditionally bound to pay for the lot, even if the Bidder has made a mistake. All prospective Bidders who examine lots in person prior to the sale shall personally assume all responsibility for any damage they cause in so doing. Schilling Auction Services, LLC., shall have sole discretion in determining the value of the damage caused, which shall be promptly paid by the prospective Bidder. Title to any lot remains with the Consignor (which may be an Estate), any secured party of the Consignor, or assignee of Consignor, as the case may be, until the lot is paid for in full by Bidder. Schilling Auction Services, LLC., reserves the right to require payment in full before delivering any lot to the successful Bidder, or to the designated Third-Party Shipper. It is the Bidder's responsibility and obligation to have the lots fully insured once said items are either in their possession for live auction, or once said items have been delivered to the third-party shipping agency by Schilling Auction Services, LLC. Bidder assumes any and all RISK OF LOSS once the lot(s) is in Bidder's possession and/or once lot(s) are delivered to the third-party shipping agency. Bidder grants to Schilling Auction Services, LLC. or its assigns the right to offset any sums due, or found to be due by Schilling Auction Servics, LLC., and to make such offset from any past, subsequent or future consignment, or items acquired by Bidder in possession or control of Schilling Auction Services, LLC., or from any sums due to Bidder by Schilling Auction Services, LLC. Bidder further grants Schilling Auction Services, LLC. a purchase money security interest in such sums or items to the extent applicable, and agrees to execute such documents as may be reasonably necessary to grant Schilling Auction eerriiccecs, LLC. such security interest. Bidder agrees that Schilling Auction Services and its assigns shall be a secured party with respect to items bought by Bidder and in the possession of Schilling Auction Services, LLC., to the extent of the maximum indebtedness, plus all accrued expenses, until the indebtedness is paid. By bidding in this sale, Bidder personally and unconditionally guarantees payment. The authorized representative of any corporate Bidder who is present at the sale shall provide Schilling Auction Services, LLC. or its agent, prior to the commencement of the bidding (or at the time of registration), with a statement signed by a principal, director or officer that they he or she personally and unconditionally guarantees any payment due Schilling Auction Services, LLC. Schilling Auction Services, LLC. may at its sole and absolute discretion, make loans or advances to Consignors and/or prospective Bidders. In the event of a successful challenge to the title to any goods purchased pursuant to these Conditions of Sale and the exclusive remedies provided herein, Schilling Auction Services, LLC., agrees to reimburse any Bidder in an amount equal to the successful bid price actually paid by Bidder at auction plus any Buyer's Premium actually paid, in full and complete satisfaction of all claims, which once tendered by Schilling Auction Services, LLC., relieves and release Schilling Auction Services, LLC. from any responsibility whatsoever to the Bidder, even if the instrument is not cashed or is returned. Bidding Options: Non-Internet bids (including but not limited to in-person, facsimile, phone and mail bids) are treated similarly to floor bids in that they must be on-increment. Any in-person, facsimile, phone, or mail bids that do not conform to a full increment will be rounded up or down to the nearest full increment and this revised amount will be considered Bidder's high bid. Schilling Auction Services, LLC. is not responsible for Internet bids submitted after the published closing time; nor is Schilling Auction Services, LLC. responsible for proper execution of any bids submitted by telephone, mail, facsimile, e-mail, Internet, or in person once the Auction begins. In all Auctions, bids on an item must raise the current high bid by at least 10%, or as specified on a per-Auction basis. Bids will be accepted in whole dollar amounts only. No "buy" or "unlimited" bids will be accepted. In a live sale, bids on an item can change at the discretion of Schilling Auction Services, LLC. Schilling Auction Services, LLC. reserves the right to accept or decline any bid. Bids must be for an entire lot and each lot constitutes a separate sale. All bids are per lot unless otherwise announced. Live auction lots will be sold in their numbered sequence, if lots are pre-numbered prior to live sale, unless Schilling Auction Services, LLC. directs otherwise. It is unlawful and illegal for Bidders to collude, pool, or agree with another Bidder to pay less than the fair value for lot(s). For live auctions, Schilling Auction Services, LLC. will have final discretion in the event that any dispute should arise between Bidders. Schilling Auction Serivces, LLC. will determine the successful Bidder, cancel the sale, or re-offer and resell the lot or lots in dispute. Schilling Auction Services will have final discretion to resolve any disputes arising after the sale and in online auctions. If any dispute arises, Schilling Auction Services, LLC. sale record(s) is/are conclusive. Payment: Cash or Good Check as Payment only. Credit Cards not accepted for payment. Subject to fulfillment of all of the Conditions of Sale set forth herein, upon the sooner of (1) the passing of title to the offered lot pursuant to these Conditions of Sale, or (2) possession of the offered lot by the Bidder, or (3) Third-Party Shipper, bidder thereupon (a) assumes full risk and responsibility (including without limitation, liability for or damage to frames or glass covering prints, paintings, photos, or other works), and (b) will immediately pay the full purchase price or such part as Schilling Auction Services, LLC. may require. In addition to other remedies available to Schilling Auction Services, LLC. by law, Schilling Auction Services, LLC., reserves the right to impose from the date of sale a late charge of 1.5% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. All property must be removed from auction premises by the Bidder at his/her expense not later than announced time and date of removal following its sale and, if it is not so removed, Schilling Auction Services may send the purchased property to a public warehouse for the account, at the risk and expense of the Bidder. Payment is due upon closing of the Auction session, or upon presentment of an invoice. Schilling Auction Services, LLC. reserves the right to void an invoice if payment in full is not received within seven (7) calendar days of the Auction or within seven (7) calendar days of the invoice date, whichever is later. In cases of nonpayment, Schilling Auction Services, LLC., election to void a sale does not relieve the Bidder from their obligation to pay Schilling Auction Services, LLC. its fees (seller's and Buyer's Premium) on the lot and any other damages pertaining to the lot. All sales are strictly for cash in United States dollars (including U.S. currency and checks), and are subject to all reporting requirements. Delivery of items to the third-party shipper are conditioned upon payment for items and funds being received in Schilling Auction Services, LLC. account before delivery of the Purchases to a Third-Party Shipper, and all payments are subject to a clearing period. Schilling Auction SErvices, LLC. reserves the right to determine if a check constitutes "good funds" - checks drawn on a U.S. bank are subject to a fourteen (14) calendar day hold. In the event that a Bidder's payment is dishonored upon presentment(s), Bidder shall pay the maximum statutory processing fee set by applicable state law. If Bidder attempts to pay via check and the financial institution denies the transfer from Bidder's bank account, or the payment cannot be completed using the selected funding source, Bidder agrees to complete payment. If Schilling Auction Services, LLC. refers any invoice to an attorney for collection, the Bidder agrees to pay attorney's fees, court costs, and other collection costs incurred by Schilling Auction Services, LLC. If Schilling Auction Services, LLC. assigns collection to its house counsel, such attorney's time expended on the matter shall be compensated at a rate comparable to the hourly rate of independent attorneys. Schilling Auction Services, LLC. shall have a lien against the merchandise purchased by the Bidder to secure payment of the Auction invoice. Schilling Auction Services is further granted a lien and the right to retain possession of any other property of the Bidder then held by Schilling Auction Services, LLC. or its affiliates to secure payment of any Auction invoice or any other amounts due Schilling Auction Services, LLC. or affiliates from the Bidder. With respect to these lien rights, Schilling Auction Services, LLC. shall have all the rights of a secured creditor, including but not limited to the right of sale. In addition, with respect to payment of the Auction invoice(s), the Bidder waives any and all rights of offset he might otherwise have against Schilling Auction Services, LLC and the consignor of the merchandise included on the invoice (the "Consignor"). If a Bidder owes Schilling Auction Services, LLC. or its affiliates on any account, Schilling Auction Services, LLC. and its affiliates shall have the right to offset such unpaid account by any credit balance due Bidder, and it may secure by possessory lien any unpaid amount by any of the Bidder's property in their possession. All checks are payable to Schilling Auction Services, LLC. Packaging and Shipping Charges: ALL PAID BY BUYER TO 3rd PARTY SHIPPER Schilling Auction Services, LLC. ("AUCTIONEER") DOES NOT offer in-house shipping. If bidder cannot pick up at the time of pickup and is interested in packaging/shipping services, Schilling Auction Services, LLC, will deliver bidder's items to the UPS Store in Ames, Iowa, as a third party shipper for packing/shipping. The UPS Store 7055 3326 Lincoln Way, Ste 103, Ames, Iowa 50015 (515) 620-5125 All Items must paid via cash or good check and cleared before delivery will be made to UPS Store. Checks drawn on a U.S. bank are subject to a fourteen (14) calendar day hold. Upon delivery of bidder's paid items to the UPS Store, the bidder will then be notified with additional follow-up information for contact with the UPS to arrange payment for packing/shipping directly to UPS. Cost of packaging & shipping is a transaction between you the buyer and the UPS Store / third party shipper. Schilling Auction Services, LLC. assumes no and disclaims all responsibility and liability for acts or omissions in such packing or shipping by any Third-Party Shipper, packer and carrier, whether or not recommended by Schilling Auction Services, LLC. Schilling Auction Servics, LLC. assumes no and disclaims all responsibility and liability for damage to any items, including, but not limited to frames, glass or other breakable items. Title: Title shall not pass to the successful Bidder until all invoices are paid in full, and payment has fully cleared. It is the responsibility of the Bidder to provide adequate insurance coverage for the items once they have been delivered to a common carrier or third-party shipper. Rights Reserved: Schilling Auction Services, LLC. reserves the right to withdraw any lot before or at the time of the Auction, and/or to postpone the Auction of all or any lots or parts thereof, for any reason. Schilling Auction Services, LLC. shall not be liable to any Bidder in the event of such withdrawal or postponement under any circumstances. Schilling Auction Services, LLC. reserves the right to refuse to accept bids from anyone. Conducting the Auction: Schilling Auction Services, LLC. reserves the right to postpone the Auction or any session thereof for a reasonable period of time for any reason whatsoever, and no Bidder or prospective Bidder shall have any claim as a result thereof, including consequential damages. Schilling Auction Services, LLC.'s Discretion: Schilling Auction Services, LLC. shall determine opening bids and bidding increments. Schilling Auction Services, LLC. has the right in its absolute discretion to reject any bid in the event of dispute between Bidders or if Schilling Auction Services, LLC. has doubt as to the validity of any bid, to advance the bidding at its absolute discretion and to determine the successful Bidder in the event of a dispute between Bidders, to continue the bidding or to reoffer and resell the lot in question. In the event of a dispute after the sale, Schilling Auction Services, LLC.'s record of final sale shall be conclusive. Schilling Auction Services, LLC. also may reject any bid if Schilling Auction Services, LLC. decides either that any bid is below the reserve of the lot or article or that an advance is insufficient. Unless otherwise announced by Schilling Auction Services, LLC.'s discretion at the time of sale, no lots may be divided for the purpose of sale. Reserves: Lots may be subject to a reserve which is the confidential minimum price below which the lot will not be sold. Bidding Any qualified bidder may bid on the merchandise in this auction, including, but not limited to, the Auctioneer, employees, agents, and the seller(s). Schilling Auction Services, LLC. Remedies: Failure of the Bidder to comply with any of these Conditions of Sale or the terms of the Registration Form is an event of default. In such event, Schilling Auction Services, LLC. may, in addition to any other available remedies specifically including the right to hold the defaulting Bidder liable for the Purchase Price, and any associated fees and damages: (a) cancel the sale, retaining any payment made by the Bidder as damages (the Bidder understands and acknowledges that Schilling Auction Services, LLC. will be substantially damaged should such default occur, and that damages under sub-part (a) are necessary to compensate Schilling Auction Services, LLC. for such damages); (b) resell the property without reserve at public auction or privately; (c) charge the Bidder interest on the Purchase Price at the rate of one and one-half percent (1.5%) per month or the highest allowable interest rate; (d) take any other action that Schilling Auction Services, LLC., in its sole discretion, deems necessary or appropriate to preserve and protect Schilling Auction Services, LLC.'s rights and remedies. Should Schilling Auction Services, LLC. resell the property, the original defaulting Bidder shall be liable for the payment of any deficiency in the purchase price and all costs and expenses associated there with, including but not limited to warehousing, sales-related expenses, reasonable attorney fees and court costs, commissions, incidental damages and any other charges due hereunder which were not collected or collectable. In the event that such Bidder is the successful Bidder on more than one lot and pays less than the purchase price for the total lots purchased, Schilling Auction Services, LLC. shall apply the payment received to such lot or lots that Schilling Auction Services, LLC., in its sole discretion, deems appropriate. If Schilling Auction Services, LLC. does not exercise such discretion, the lots to which the payment shall be applied will be in descending order from the highest purchase price to the lowest. Any Bidder failing to comply with these Conditions of Sale shall be deemed to have granted Schilling Auction Services, LLC. a security interest in, and Schilling Auction Services, LLC may retain as collateral such security for such Bidder's obligations to Schilling Auction Services, LLC., any property in Schilling Auction Services, LLC.'s possession owned by such Bidder. Schilling Auction Services, LLC. shall have the benefit of all rights of a secured party under the Uniform Commercial Code (U.C.C.) as adopted by the State of Iowa. Warranties: Schilling Auction Services, LLC. does not provide any warranties to Bidders, whether expressed or implied, beyond those expressly provided in these Conditions of Sale. All property and lots are sold "as is" and "where is". By way of illustration rather than limitation, neither Schilling Auction Services, LLC. nor the Consignor makes any representation or warranty, expressed or implied, as to merchantability or fitness for intended use, condition of the property (including any condition report), correctness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuineness, value, or period of the property. Additionally, neither Schilling Auction Services, LLC., nor the Estate and/or Consignor makes any representation or warranty, expressed or implied, as to whether the Bidder acquires rights in copyright or other intellectual property (including exhibition or reproduction rights) or whether the property is subject to any limitations or other rights. Schilling Auction Services, LLC. does not make any representation or warranty as to title. All descriptions, photographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder, see also Terminology), authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the Catalog, bill of sale, invoice, or anywhere else, represent a good faith effort made by Schilling Auction Services, LLC. to fairly represent the lots and property offered for sale as to origin, date, condition, and other information contained therein; they are statements of opinion only. They are not representations or warranties and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price. Price estimates (which are determined well in advance of the Auction and are therefore subject to revision) and condition reports are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices. All sales are final. Bidders are afforded an opportunity to examine the merchandise during the auction. Failure to examine the merchandise during the auction in no way relieves successful bidder for the obligation to pay for the items purchased. Items offered for sale in this auction may come from a number of consignors, even if the advertising features a particular name or estate. Descriptions, sizes, colors, or other information offered as part of the listing is for reference only. Potential bidders are responsible for verifying information regarding the item. Most, if not all items are used and will show fair wear & tear. If a Bidder has any concerns and/or doubts about any items, they are afforded the opportunity to use the preview time to inspect said items. Bidders are afforded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and Schilling Auction Services, LLC. strongly encourages Bidders to avail themselves accordingly. Limitation of Damages: In the event that Schilling Auction Services, LLC. is prevented for any reason from delivering any property to Bidder, or Bidder is otherwise dissatisfied with the performance of Schilling Auction Services, LLC., the liability, if any, of Schilling Auction Services, LLC., shall be limited to, and shall not exceed, the amount actually paid for the property by Bidder. In no event shall Schilling Auction Services, LLC. be liable for incidental, special, indirect, exemplary or consequential damages of any kind, including but not limited to loss of profits, value of investment or opportunity cost. Unauthorized Statements: Under no circumstances is any employee, agent or representative of Schilling Auction Services, LLC. authorized by Schilling Auction Service,s LLC., to modify, amend, waive or contradict any of these Conditions of Sale, any term or condition set forth on a registration form, any warranty or limitation or exclusion of warranty, any term or condition in either the Registration Form or these Terms and Conditions regarding payment requirements, including but not limited to due date, manner of payment, and what constitutes payment in full, or any other term or condition contained in any documents issued by Schilling Auction Services, LLC. unless such modification, amendment, waiver or contradiction is contained in a writing signed by all parties. Any statements, oral or written, made by employees, agents or representatives of Schilling Auction Services, LLC. to Bidder, including statements regarding specific lots, even if such employee, agent or representative represents that such statement is authorized, unless reduced to a writing signed by all parties, are statements of personal opinion only and are not binding on Schilling Auction Services, LLC., and under no circumstances shall be relied upon by Bidder as a statement, representation or warranty of Schilling Auction Services, LLC. Bidder's Remedies: Under no circumstance will Schilling Auction Services, LLC incur liability to a Bidder in excess of the purchase price actually paid. This section sets forth the sole and exclusive remedies of Bidder in conformity with the Warranties and Limitation of Damages provisions of these Conditions of Sale, and is expressly in lieu of any other rights or remedies which might be available to Bidder by law. In the event that Bidder demonstrates in writing, in the sole discretion of Schilling Auction Services, LLC., that there was a breach of a Consignor's warranty of title concerning a lot purchased by Bidder, Schilling Auction Services, LLC. shall make demand upon the Consignor to pay to Bidder the Purchase Price (including any premiums, taxes, or other amounts paid or due to Schilling Auction Services, LLC.). Should the Consignor not pay the Purchase Price to Bidder within thirty days after such demand, Schilling Auction Services, LLC. shall disclose the identity of the Consignor to Bidder and assign to Bidder all of Schilling Auction Services, LLC.'s rights against the Consignor with respect to such lot or property. Upon such disclosure and assignment, all responsibility and liability, if any, of Schilling Auction Schilling Auction Services, LLC. with respect to said lot or property shall automatically terminate. Schilling Auction Services, LLC. shall be entitled to retain the premiums and other amounts paid to Schilling Auction Services, LLC. - this remedy is as to the Consignor only. The rights and remedies provided herein are for the original Bidder only and they may not be assigned or relied upon by any transferee or assignee under any circumstances. If the description of any lot in the Catalog is materially incorrect (e.g., gross cataloging error), the lot is returnable if returned within five (5) calendar days of receipt, and received by Schilling Auction Services, LLC. no later than twenty-one (21) calendar days after the Auction Date. This paragraph shall constitute Bidder's sole right with respect to the return of items, and no refunds shall be given for any items not returned to and received by Schilling Auction Services, LLC. NO RETURN OR REFUND OF ANY AUCTION LOT WILL BE CONSIDERED EXCEPT AS PROVIDED IN THESE CONDITIONS OF SALE. Headings: Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer. Entire Agreement: These Conditions of Sale constitute the entire agreement between the parties together with the terms and conditions contained in the Registration Form. They may not be amended, modified or superseded except in a signed writing executed by all parties. No oral or written statement by anyone employed by Schilling Auction Servicers, LLC., or acting as agent or representative of Schilling Auction Services, LLC. may amend, modify, waive or supersede the terms herein unless such amendment, waiver or modification is contained in a writing signed by all parties. If any section of these Conditions of Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any way. Governing Law and Enforcement The Parties agree that any agreements between the Parties including but not limited to these Conditions of Sale are entered into in Fort Dodge, Iowa, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the Auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location. The Parties agree that these Conditions of Sale, and any other related agreement(s) are governed by the laws of the State of Iowa, without regard for its conflict of laws principles. The Parties agree that any dispute related to or arising out of these Conditions of Sale, or related to or arising out of any other related agreement(s) shall be submitted to confidential binding arbitration (the "Arbitration") before a single Arbitrator of the American Arbitration Association (the "AAA"). The Parties agree that the Arbitration shall be conducted pursuant to the commercial rules of the AAA. In the event that the Parties cannot agree on the selection of the Arbitrator, then the Arbitrator shall be selected by the AAA. The prevailing Party in the Arbitration shall be entitled to recover all of its related costs, whether before or after the formal institution of the Arbitration, including but not limited to its reasonable attorneys' fees and, if Schilling Auction Services, LLC. prevails, the Buyer's Premium as defined in these Conditions of Sale. The Parties agree that Bidder shall have no right to recover consequential or indirect damages, or lost profits damages. The Parties consent to the enforcement of the decision in the Arbitration pursuant to the Federal Arbitration Act in either the courts of the State of Iowa or the United States District Court for the Southern District of Iowa. Except as provided in Bidder's Remedies with regard to the Certification of Authenticity, any dispute, claim, cause of action related to or arising out of these Conditions of Sale or any other agreement(s) between the Parties must be brought within one (1) year of the acts, omissions or circumstances giving rise to the alleged claim, without exceptions. This provision is intended as a full, complete and absolute release of any claims after one (1) year of such acts, omissions or circumstances. The Parties agree further that these waiver provisions are intended to be binding on all parties in the event of any dispute, specifically including but not limited to third party claims and cross-actions brought by either Schilling Auction Services, LLC. or Bidder. These provisions are consideration for the execution of these Conditions of Sale. The Bidder hereby agrees that Schilling Auction Services, LLC. shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than set forth in this paragraph as conclusive evidence of the Parties' agreement, and the Parties further agree that the court shall immediately dismiss any action filed in such jurisdiction. Notwithstanding the foregoing, Schilling Auction Services, LLC., may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the State of Iowa or the United States District Court for the Southern District of Iowa, rather than in an Arbitration related to or arising out of any Auction of an item sold for less than $10,000. This right shall relate to the individual item price, such that Schilling Auction Services, LLC. may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the State of Iowa or the United States District Court for the Southern District of Iowa rather than in an Arbitration for items that in the aggregate exceed $10,000. The prevailing Party in such a proceeding shall be entitled to recover all of its related costs, whether before or after the formal institution of the proceeding, including but not limited to its reasonable attorneys' fees and, if Schilling Auction Services, LLC. prevails, the Buyer's Premium as defined in these Conditions of Sale. This right of enforcement is unique to Schilling Auction Services, LLC., and these Conditions of Sale are a waiver by the Bidder of any right to enforcement or adjudication outside of an Arbitration. CONDUCT OF AUCTION Before the Auction: Bidder may attend pre-sale viewing for all of Schilling Auction Services, LLC.'s auctions at no charge. All property to be auctioned is usually available for physical inspection prior to the sale. Bidder is encouraged to examine lots thoroughly. Maximum Bids - All Auctions: To maximize Bidder's chance of winning, Schilling Auction Services, LLC. strongly encourages the use of maximum bids. Schilling Auction Services, LLC.,online platform will then bid for Bidder until the lot reaches Bidder's specified maximum. Maximum bids are strictly confidential. Please note, as also0 set forth below, Schilling Auction Services, LLC. is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids. Successful Bids: The fall of Schilling Auction Services, LCC.'s hammer indicates the final bid. Schilling Auction Services, LLC., will record the paddle / bidding number of the Bidder. If Bidder's salesroom or absentee bid is successful, Bidder will be notified after the sale by mailed or emailed invoice. Unsold Lots: If a lot does not reach the reserve, it is bought-in. In other words, it remains unsold and is returned to the Consignor. Schilling Auction Services, LLC., has the right to sell certain unsold items after the close of the Auction. Such lots shall be considered sold during the Auction and all these Terms and Conditions shall apply to such sales including but not limited to the Buyer's Premium, return rights, and disclaimers. Bidding-Timed Auction: Bidder may open, monitor, and/or raise bids at any time before the close of a lot through the online bidding service utilized by Schilling Auction Services, LLC. The auctioneer may also execute a bid on behalf of the consignor to protect the reserve, either by entering a bid in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve. To ensure proper registration, those Bidders intending to bid via the Internet must visit the online bidding service utilized by Schilling Auction Services, LLC. and register accordingly. Winning bidders will be notified by Schilling Auction Services, LLC. Schilling Auction Services, LLC. is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids. Schilling Auction Services, LLC. reserves the right to close or cancel the Auction at any time at its sole discretion. Bidding - Internet - Live Auction: Bidder may open, monitor, and/or raise bids at any time before the close of a lot through the online bidding platform utilized by Schilling Auction Services, LLC. To ensure proper registration, those Bidders intending to bid via the Internet must visit the online bidding platform and register accordingly. Winning bidders will be notified by Schilling Auction Services, LLC. Schilling Auction Services, LLC. is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids. If property is cataloged in advance of sale, the property all attempts will be made to auction in consecutive numerical order, as it appears in the catalog. The auctioneer may accept bids from those present in the salesroom or absentee bidders participating by telephone, internet or by written bid left with Schilling Auction Services, LLC., in advance of the auction. The auctioneer may also execute a bid on behalf of the consignor to protect the reserve, either by entering a bid in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve. Miscellaneous: Agreements between Bidders and Consignors to effectuate a non-sale of an item at Auction, inhibit bidding on a consigned item to enter into a private sale agreement for said item, or to utilize Schilling Auction Services, LLC.'s Auction to obtain sales for non-selling consigned items subsequent to the Auction, are strictly prohibited. If a subsequent sale of a previously consigned item occurs in violation of this provision, Schilling Auction Services, LLC. reserves the right to charge Bidder the applicable Buyer's Premium and Consignor a Seller's Commission as determined for each auction venue and by the terms of the seller's agreement. Acceptance of these Terms and Conditions qualifies Bidder as a client who has consented to be contacted by Schilling Auction Services, LLC. in the future. In conformity with "do-not-call" regulations promulgated by the Federal or State regulatory agencies, participation by the Bidder is affirmative consent to being contacted at the phone number shown in his application and this consent shall remain in effect until it is revoked in writing. Schilling Auction Services, LLC. may from time to time contact Bidder concerning sale, purchase, and auction opportunities available. Rules of Construction: Schilling Auction Services, LLC. presents properties in a number of collectible fields, and as such, specific venues have promulgated supplemental Terms and Conditions. Nothing herein shall be construed to waive the general Conditions of Sale by these additional rules and shall be construed to give force and effect to the rules in their entirety.