Lot # : 200 - Sealed Thomas Kinkade Painter of Light "A New Day

Auction Terms & Conditions A valid credit card will be required to register for our auctions. To protect the integrity of the auction for everyone, you will need to submit a valid credit card. We will charge the card on file for any winning bids shortly after the auction closes. We reserve the right to require payment by Wire Transfer at our discretion. PAYMENT POLICY: Your credit card used to register for the auction will be charged for your invoice total immediately after the auction ends. After the auction ends you have 2 consecutive Pick-up periods (See Auction for pick-up Dates) to pick-up your items. Items not picked up within those 2 pay periods will become property of Neils Online Auctions and no refund will be given. If your card on file is declined for any reason, we will send you an additional invoice through Global Payments that you can pay with a seperate card. *Please note: By registering and bidding, you are agreeing that you fully intend to pay for and pick up (or shipping/ delivery) any items/lots you win, on one of the provided pick-up days and times. Serious bidders only please. You will be charged a 18% Buyers Fee on your winning bids. There will be a 6% Sales Tax applied to winning bids unless a Tax Exempt Number is provided. After the close of the auction, you will be notified by email of any items you won with an "Auction Invoice" email. Neils Online Auctions online auctions are timed events and all bidding will close at specified times. Neils Online Auctions also have an auto extend feature. When a bid is placed in the final minutes of bidding the auction bidding will automatically be extended several minutes from the time the bid was placed. The auto extend feature remains active until no further bids are received. Neils Online Auctions. does not test items for genuineness. All descriptions are believed true, but inspections are encouraged during our preview days. Any items not removed from our facility within 14 DAYS of the close of the auction will be considered abandoned and will become the property of Neils Online Auctions * All items sold "AS IS, WHERE IS" with all faults. * No implied or express warranties. * All descriptions believed accurate but not waranteed. * Bidder inspection is encouraged. * By placing a bid, bidder signifies that they have examined the items to their satisfaction, or that they have chosen not to personally examine them. * Neils Online Auctions. reserves the right to reject any bid at our sole discretion. * Buyer's premium of 18% will be charged. * In the event of failure of the online bidding system or other technical failure or error, Neils Online Auctions reserves the right to cancel, extend and/or reopen the auction. *We reserve the right to edit listings up until the live catalog begins. The bidder contract entered into between the bidder whose name is registered to this account and Neils Online Auctions. Bidder and auctioneers agree that the terms listed below shall govern this auction. 1. Full payment shall be made before any items leave the premises. 2. Terms of auction: Unless auction is announced as absolute the auctioneer/auction firm has the right to reject any and all bids. The auctioneers/auction firm further has the right to bid on behalf of the buyer, the seller, or on their own behalf. Auctioneer/auction firm reserves the right to divide any lot, to combine any two or more lots, or withdraw any lot or lots from the auction. Payment for purchases must be made according to terms of each particular auction. A Buyers fee will be added to bid price to arrive at the sale price. Bidder agrees not to pursue chargebacks on any credit card payments. 3. NO WARRANTY: The descriptions of items in this auction are believed to be correct. Never the less, neither those descriptions nor any oral statements made by Owner, its Officers, Agents or Employees of auctions concerning any item shall be constructed as a warranty, either express or implied. ITEMS ARE SOLD AS IS - WHERE IS. I, the buyer, have examined this merchandise and accept it the way it is. 4. SETTLEMENT: Must be made at the conclusion of the auction pick-up times. Nothing is to be removed until settled for. Merchandise becomes the full responsibility of the Buyer at time of purchase, and Buyer assumes all risk of loss and damage to property. Owner and Auctioneers agree that merchandise may remain on the auction premises for a period of time following the auction. The date by which all merchandise must be removed from the premises will be announced by Auctioneer. 5. RESALE: Auctioneers reserve the right to resell any property not paid for in full by payment deadline. The Buyer shall be responsible to Auctioneers for any expenses of resale and collection and damages resulting from the resale. 6. INJURY & DAMAGE: Bidder acknowledges responsibility for any personal injury or property damage caused by Bidder or his Agent, and further agrees to hold Auctioneers, Owners, its Officers, or Employees harmless for any personal injury to himself or his Agents and any property damage incurred on auction premises. 7. By signing up for this auction you give Neil's Online Auctions permission to add your name to their mailing list. You can unsubscribe at any time. --------------------------------------------------------------------------------------- Sebae Data Solutions, Inc. SERVICE TERMS AND CONDITIONS ACCEPTANCE OF TERMS Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap USE AND REGISTRATION Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. 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DESCRIPTIONS OF SERVICE Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections. HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions. The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding. INTERNET ABSENTEE BIDDING Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction. INTERNET-ONLY AUCTIONS Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction. WEBCAST AUCTIONS Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live". Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid. When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels). The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions. Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration. Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms. BIDDING The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal. Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement. The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers. Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers. THE WINNING BID The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid. NOTICE OF END OF SALE, PAYMENT & SHIPPING After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions. BUYER'S PREMIUM, TAXES AND DUTIES If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. 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