Futch Estate

1) REGISTRATION. All bidders must register their name, permanent street address (no P.O. Boxes), and telephone number prior to the auction. Unless known to Burley Auction Group all registrants are required to present at least one form of drivers license or Photo ID which must include a current photograph. Bidders may be required to present a valid Visa or Mastercard. 2) ACCEPTANCE OF TERMS. Bidding on any item, whether in person, by phone, by absentee bid or via a live internet auction indicates the bidder's agreement to be bound by these Terms and Conditions for Bidders. Any right of bidder under this agreement shall not be assignable and shall only be enforceable by the original buyer. The rights and obligations of the parties shall be governed by the laws of the state of Texas. All bidders submit to the personal jurisdiction of the state and federal courts in Texas. 3) TERMS OF SALE. Announcements made the day of auction take precedence over any previous communication. The auctioneer reserves the right to withdraw any lot at any time before its final sale and to reject any bid for any reason. The highest bidder for each lot acknowledged by the auctioneer shall be the "buyer". If any dispute arises as to any bidding, or between two or more bidders, at the sole discretion of the auctioneer, the successful bidder will be determined or the disputed lot shall be put up again at the last undisputed bid and resold. 4) BUYER'S PREMIUM. Buyers shall pay the final bid price (the "hammer price") of the lot, plus a buyer's premium for the lot equal to 15% of the hammer price Un-catalogued gallery auctions and purchases made though live online auctions may have different buyer's premium calculations. 5) ESTIMATES AND RESERVES. Presale estimates are intended to be guides and may or may not reflect the ultimate hammer price of a lot. Burley Auction Group retains the right to change estimates on any lot up to time of sale. A reserve is a confidential minimum price agreed upon by the seller of the lot and Burley Auction Group. In the case of reserved lots, the seller has authorized Burley Auction Group to bid on seller's behalf until the reserve price is reached. In no case will the reserve be higher than the low presale estimate & is usually 1/2 low estimate. 6) WARRANTIES AND DISCLAIMERS. Burley Auction Group makes a limited warranty only to the original buyer of record concerning the authenticity of each lot for a period of 14 days after bidder's receipt of merchandise. If a buyer is not satisfied that the lot purchased is genuine, the buyer may, at his or her own expense, obtain the opinion of two mutually agreed upon recognized experts in the field of the disputed lot. If these experts determine that the item is not genuine, the buyer's sole and exclusive remedy shall be the rescission of the sale and refund of the amount paid for the item. It is specifically understood and agreed that the rescission of the sale and refund is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law or in equity, and such remedy is conditioned upon the buyer returning the property in the same condition as at the time of sale. Burley Auction Group shall not be liable for any incidental or consequential damages. All sales are final, with no returns or refunds except as provided in this limited warranty. 7) Except as provided in the immediately proceeding paragraph, EVERY LOT IS SOLD "AS IS", without any representations or warranties by Burley Auction Group or the seller as to merchantability, fitness for a particular purpose, condition or value of the property, or the correctness or completeness of the catalog or other description of the property, and no statement, whether written or oral shall be deemed such a representation, warranty or assumption of liability. Dimensions given in our descriptions may be approximate. 8) INSPECTION. All lots are available for inspection prior to the auction at our auction gallery located at 134 Deborah Dr, New Braunfels, Tx. Photos of most items can be found online at Burley Auction website, and prospective bidders are encouraged to contact Burley Auction Group directly for additional information regarding the condition of any lot. Burley Auction Group does not warrant the condition of any item. Buyers interested in the condition of an item are encouraged to contact Burley Auction Group and, to the best of our ability, we will document for the prospective bidder the condition status on any lot. Condition is always a subjective evaluation and final responsibility rests with the buyer to assess the condition of any item sold by Burley Auction Group. 9) ABSENTEE BIDDING. Absentee bids are accepted via phone, in person or email. Such bids will be posted with the time and date of arrival, with ties being awarded to the earliest bidder. IN CASE OF TIE BID BETWEEN ABSENTEE OR INTERNET BIDDERS WITH A HOUSE BIDDER, THE HOUSE BIDDER ALWAYS TAKES PRECEDENCE. All absentee bids must be made on Burley Auction Group absentee bid form, and signed by the prospective bidder.All absentee bids are executed competitively by a member of the auction staff. The auction staff will try to purchase the lot for the lowest price possible and will bid up to the amount designated by the absentee bidder only if necessary. In the event of a tie bid between a floor and absentee bidders, the floor bid will be honored. All absentee bids must be received no later than 6:00 p.m. central standard time, the day before the start of each auction session. 10) TELEPHONE BIDDING. Bidding live via the telephone is available on a first come, first served basis for those lots with a low estimate of $500 or greater. In order for Burley Auction Group to efficiently serve the needs of those who wish to bid by phone, please note the following: ·Telephone bidders are advised to indicate an "insurance bid", which amount will become an absentee bid, pursuant to the absentee bidding process set forth above, if Burley Auction Group can not reach the bidder by telephone for a particular indicated lot. Burley Auction Group sells about 100 lots per hour, so telephone bidders should plan accordingly. Burley Auction Group will attempt to reach each telephone bidder, but Burley Auction Group is in no way responsible for missed calls. All reservations for telephone lines must be received no later than 6:00 p.m. Central standard time, the day before the start of each auction session. 11) INTERNET BIDDING. Internet bidding via ebayliveauctions.com may be available for certain auctions. There may be terms which apply to internet bids that should be reviewed on line at the time of sale. Burley Auction Group is not responsible for any failure to execute a bid due to interruption of internet line service, premature closing of items, or human error. 12) BIDDING INCREMENTS. The bid increments listed with ebaylive will be used at the auction. Absentee bids must fall within these increments. Burley Auction Group will automatically reduce any absentee bid to the closest increment if the bid falls outside the published range of increments. Burley Auction Group reserves the right to modify increments at any time during the auction. AFTER THE SALE 13) BUYER'S RESPONSIBILITY. Upon the fall of the hammer, title to the offered lot shall pass to the buyer and the buyer immediately assumes full risk and responsibility for the lot, including liability for loss or damage. 14) PURCHASE PRICE AND PAYMENT. The purchase price for each lot shall equal the hammer price, buyer's premium, sales tax and, if applicable, all packing, handling, insurance and shipping costs. Payment may be made with cash, personal or traveler's check, Visa or Mastercard. Buyers who are present at the auction must pay the full purchase price at the time of the sale. Buyers who bid by telephone or who are absentee bidders credit cards will be charged for full amount within 48 hours after the close of the auction and must pay the full purchase price for each purchased lot within 48 hours after the date of the auction. By signing the absentee bid form or placing an absentee bid by telephone, an absentee bidder authorizes Burley Auction Group to charge the purchase price (hammer price, plus buyer's premium) for each lot for which such bidder is the successful bidder to the credit card number provided by telephone or on the absentee bid form. No property will be released by Burley Auction Group unless the purchase price has been paid in full. 15) SALES TAX. Buyers are required to pay any applicable state and local sales tax. 16) SHIPPING. It is the responsibility of the buyer to remove purchased property at his or her expense no later than 10 days after the auction date. At the request of the buyer, Burley Auction Group will have an independent company ship purchased items at the buyer's risk. Burley Auction Group generally has items shipped within 10 days after payment has been received. The shipping company used is soley up to the buyer. A list of several local shipping companies will be provided to the winning bidder. Buyer is responsible for all applicable fees. Burley Auction Group is in no way responsible for the acts or omissions of independent handlers, packers or shippers of purchased items or for any loss, damage or delay from the packing or shipping of any property. 17) SHIPPING CHARGES. Buyers are required to pay for all packing, shipping and insurance charges. Be aware that for larger and/or valuable items, shipping charges can be substantial. 18) REMOVAL AND STORAGE OF PROPERTY. If purchased property has not been removed, or Burley Auction Group has not received shipping instructions within 21 days after the auction date, a $10 per item per day storage fee may be charged to the buyer. 19) CANCELLATION OF SALE. If purchased property remains in the custody of Burley Auction Group for a period of 30 days following the auction, Burley Auction Group may, at its option, cancel the sale, retaining as liquidated damages any payments made by the buyer, or resell the property at auction or by any other commercially reasonable means, and in such event, buyer shall be liable for the payment of all of Cowan's costs, including but not limited to storage and costs of sale.

Local Taxes Apply