Estate of Walt Judnich

Terms of Sale:

All bidders are responsible for reading and understanding these Terms of Sale, as well as any supplemental notices. No communications by any employee of Priddy’s Auction Galleries is intended to be binding, and such communications are made for informational purposes only.

1. General: All merchandise SOLD AS IS. Priddy's Auction Galleries, Inc. Is Not Responsible For Conditions, Correct Description or Authenticity of Items and Makes No Warranty Whatever. Prospective bidders should inspect the property before bidding to determine condition, size and whether or not it has been repaired or restored. No refund or credits shall be issued. We reserve the right to withdraw any property before sale. This is privately owned and operated sale. We reserve the right to refuse admittance to any person.

2. Auctioneer’s Determination Final: The auctioneer has the sole and exclusive power, discretion and authority to regulate the bidding and its increments. The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of any dispute between bidders or in the event of doubt on our part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer or resell the article in dispute. Upon the announcement by the auctioneer, the successful bidder becomes the purchaser and is responsible for the amount of the successful bid, the buyer’s premium, applicable taxes, and other charges provided for in the Terms of Sale.

3. Buyer’s Premium: A buyer’s premium in the amount of 15% of the successful high bid will be added to the amount of the successful bid price for all lots purchased at auction.

4. Taxes: Applicable taxes shall include Denver Sales Tax (7.2%). Only valid resale certificates are accepted as proof of exemption from Denver Sales Tax by U.S. dealers. It is up the dealer to make sure we have a current resale certificates in our files. No Denver Sales Tax is charged for purchases shipped out of state.

5. Payments: All purchases will be in U.S. Dollars. Acceptable methods of payment are: Cash, Check, or Wire Transfer. Visa/MasterCard, American Express or Discover is also accepted. Payment from absentee and phone bidders is due within 48 hours of notification of successful bids. All other payments are due upon receipt of invoice. We reserve the right to hold all goods paid for by check until payment has cleared.

6. New Buyers: If you are not known to us, you may be asked to furnish identification, a valid credit card number and possibly credit references. If paying by check, you must establish credit at least three (3) business days prior to the auction. A letter from your bank, presented before the sale, may also be accepted. At our discretion, we may retain your purchase(s) until the check clears. If you are successful and do not remit payment within thirty (30) days, the balance will be charged to your credit card together with such charges set forth in these terms of sale.

7. Absentee Bids: We accept absentee bids by phone, mail, in person or by fax. Absentee bids are requested no later than 5 pm on the day before the auction. If you fax your absentee bids, please call us to confirm receipt. These bids are to be executed by Priddy's Auction Galleries not to exceed the amount indicated on the Absentee Form and are subject to the guarantee offered. Items will be purchased as inexpensively as possible. Absentee bidding is a convenience offered to our customers and while we will make every effort to execute your instructions, Priddy’s Auction Galleries is not liable or responsible for any errors or failure to do so.

8. Phone Bids: Lines are available on a first come, first served basis. Our phone lines are limited so please make arrangements a few days prior to auction to reserve your phone bid. If you need condition reports, please request and review prior to reserving phone lines. We will call you at one (1) phone number only during the auction. If you are unsure of where you will be during the sale, we recommend you leave an absentee bid. If you bid by phone, you must be willing to bid to the low estimate should the bidding go that far. There is no exception to the rule. Bids are placed on the telephone at the discretion of Priddy’s Auction Galleries and at the caller’s risk. Telephone bidding is a convenience offered to our customers and while we will make every effort to execute your instructions, Priddy’s Auction Galleries is not liable or responsible for any errors or failure to do so.

9. Condition Reports: Condition reports are statements of opinion by the staff of Priddy’s Auction Galleries. It is not a warrantee. If you would like a condition report for items in the sale, please call us week of sale. Please allow us time to prepare the report prior to the auction. Priddy’s Auction Galleries is not liable or responsible for any errors in the condition report or failure to deliver the same.

10. Collection of Property: All articles must be removed within seven days after the sale. Any item not removed within seven days will be moved and stored by Priddy’s Auction Galleries. Fees will be charged accordingly. Priddy’s Auction Galleries is not responsible for loss or damage to merchandise. We are also not responsible for the acts of omissions of carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots by us is at the entire risk of the purchaser. In no event will we be liable for damage to purchases, regardless of the cause.

11. Shipping: Priddy’s Auction Gallery does not pack or ship any item, nor do we charge a surcharge for tendering items to a shipper. Buyers can make independent arrangements with any shipper that they choose. Buyer pays all packing, shipping, and associated costs directly to their chosen shipper.

12. Governing Law: The laws of Colorado shall govern the auctions of Priddy’s Auction Galleries. Any disputes which may arise in connection with the auction and/or any auction purchase, and all the terms and conditions set forth herein above, shall be governed by and construed in accordance with Colorado law. Any one who participates in the auction and/or makes auction purchases agrees to submit to the jurisdiction of the courts of the State of Colorado with respect to any dispute arising in connection with the auction and/or any auction purchases. In the event that Priddy’s Auction Galleries needs to bring an action to enforce ther terms and conditions herein and/or to collect any sum due and owing to it, Priddy’s Auction Galleries shall be entitled in addition to collect its reasonable attorney’s fees, collection agency fees, and cost of suit.

13. Priddy’s Auction Galleries acts only as the agent for the consignor and in no event will be liable for any breach of default by the consignor.

14. If any provision of portion of these Terms of Sale shall be deemed unlawful, void or unenforceable under applicable law, that provision or portion shall be stricken and severed from the remaining provisions which shall remain in full force and effect. Failure to enforce any of the provisions in these Terms of Sale shall not be deemed a waiver of the right to enforce any other provisions of these Terms of Sale.

15. Unless Priddy’s Auction Galleries consents in writing, purchasers may not assign their rights or any of their obligations related to an auction or other sale by Priddy’s Auction Galleries.

16. These Terms of Sale may not be changed unless Priddy’s Auction Galleries and purchaser have agreed to do so in a written agreement signed by both parties.

Applicable taxes shall include Denver Sales Tax (7.2%). Only valid resale certificates are accepted as proof of exemption from Denver Sales Tax by U.S. dealers. It is up the dealer to make sure we have a current resale certificates in our files. No Denver Sales Tax is charged for purchases shipped out of state.