CyberHome Bankruptcy Auction

Deposit: A $300 refundable deposit must be made when registering for this auction. This deposit can be made by calling 888.339-7600 with a credit card number and your Ebay User ID. No bidders will be approved without a deposit being made. Payment: We will accept payments onsite (Fremont) until 4 p.m. Wednesday, November 15, 2006. After that, payments will only be accepted at Clars Auction Gallery, located at 5644 Telegraph Ave., Oakland, or by phone 510/428-0100. You must make payment and have a receipt to pick up your property at the Fremont location. Pick-Up: All items will not be available for pick-up until the auction has concluded, at approximately 3 p.m, pick-ups will continue until 8 p.m. Pick-up will be by appointment for Wednesday-Friday, 9am-5pm. All property must be paid for and removed by Friday, November 17, 2006, or it will be forfeited, no exceptions. BID PRICE Each buyer must register with Ebay prior to bidding. The highest bidder on a lot shall be the buyer of the lot. The purchase price shall be the sum of 1) the price at which the item is sold, plus 2) A BUYER'S PREMIUM OF 20% ON THE BID PRICE ON ANY LOT plus 3) sales tax unless the purchaser is exempt by law from such taxes. ACCEPTANCE The purchaser is legally liable to pay for the item or pay the difference if we must reoffer and sell the item for a lower price. REGULATION OF BID The Auctioneer shall regulate the bidding and shall be the sole arbiter of any disputes. We reserve the right to withdraw property at any time before the sale and reject a bid from any bidder. PAYMENT AND PICKUP The invoice must be paid in full and merchandise picked up or shipped within 3 days of the date of sale. All property remaining on the premises after Friday November 17, 2006 will be forefited with addional loss of deposit. No exceptions. RISK OF LOSS In the event delivery cannot be made because of loss due to fire, theft, or any other reason, the Gallery shall only be liable for the return of any deposits or payments made by the purchaser. NO WARRANTY ALL ITEMS SOLD ?AS IS AND WHERE IS? THE GALLERY, ITS AGENTS AND EMPLOYEES, AND THE CONSIGNOR DO NOT WARRANT ANY LOT TO BE MERCHANTABLE OR TO BE SUITED FOR ANY PURPOSE AND THEY DO NOT ASSUME ANY RISK, LIABILITY OR RESPONSIBILITY FOR ANY PERSON AS TO AUTHENTICITY, GENUINENESS, CULTURE, SOURCE, ORIGIN, ATTRIBUTION, PERIOD, PURPOSE OR MEASUREMENTS OF ANY LOT. THESE CONDITIONS MAY NOT BE ALTERED OR MODIFIED EXCEPT BY AN INSTRUMENT IN WRITING, SIGNED BY AUCTIONEER AND BUYER. RIGHT OF RECISION Notwithstanding the preceding conditions, if within 21 days of the date of sale of any lot, the original purchaser (a) gives notice in writing to us alleging that the identification of Authorship (as defined below) of such lot is not substantially correct based on a fair reading of the catalogue (including the terms of glossary contained therein), and (b) with 10 days after such notice returns the lots to us in the same condition as at the time of sale and (c) establishes the allegation in the notice to our satisfaction then the sale of such lot will be rescinded and the original purchase price refunded. Nothing in this paragraph shall be construed as an admission by us of any representation of fact, express or implied, obligation or responsibility with respect to any lot. The purchaser's sole remedy in the event this paragraph is invoked is as provided herein. Consignor agrees to be bound by our judgment as to Authorship and by our determination regarding rescission. The purchaser expressly acknowledges and agrees that in no event shall we liable for any compensatory, incidental or consequential damages. "Authorship" means only the identity of the creator. The right of rescission does not extend to (a) works executed before 1870 unless these works are determined to be counterfeit, as this is a matter of current scholarly opinion which can change, (b) titles or other identification of offered lots or descriptions of physical condition and size, quality, rarity, importance, provenance, exhibition and literature of historical relevance. Although our best judgment is used in attributing paintings, drawings and sculpture created prior to 1870 through the appropriate use of the glossary terms, and due care is taken to ensure the correctness of the supplemental material, the right of rescission does not extend to any possible errors or omissions therin. PAYMENT Cash, Cashier's check, Money Order, Wire Transfer and personal check (items may be held until the check clears), MasterCard and VISA accepted for purchases $25 and over, but not for vehicles. If any legal action is commenced to enforce these Conditions of Sale, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs. Time is of the essence. Any condition statement is given as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. Clars Auction Gallery shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging.

Sales tax of 8.75% will be collected on all purchases picked up or delivered within the state of California. Those holding a valid California State Resale License must present a valid resale number.