The Collection of NOA Living - Day 2

You hereby agree to the following: 1. Importance of Terms: Please take the time to read the following set of terms and conditions for the auction. By creating a bidder account, registering for this auction and obtaining a Bidder Number, you acknowledge that you have read this document, have hired an attorney to read this document on your behalf, or have had this document read to you, and you agree to these terms and conditions without change or amendment. 2. Auctioneers: Leland Little Auctions Ltd., NCAF: 7452, Leland J. Little, NCAL# 6139; Iron Horse Auction Company, Inc., NCAF: 3936, William B. Lilly, Jr. NCAL# 7480. 3. Agency: Leland Little Auctions, Ltd. and Iron Horse Auction Company, Inc. (the ?Auctioneers?) are acting as an agent of John C. Bircher III, United States Bankruptcy Trustee of NOA Living, (the ?Seller?) and at no time acting on behalf of the Bidder. The bankruptcy proceedings for NOA Living were ordered by the Honorable Joseph N. Calloway, United States Bankruptcy Judge of the Eastern District of North Carolina, with the oversight of United Sates Bankruptcy Trustee John C. Bircher III, in case no. 17-02097-5-JNC. 4. Bidding: All registered and accepted Bidders may bid in-person at the live auction held at the Hilton North Raleigh/ Midtown, located at 3415 Wake Forest Road, Raleigh NC 27609. Absentee bidding can be conducted at LelandLittle.com. Telephone bidding can be arranged at LelandLittle.com up to one (1) hour before the start of the live auction (for each session/day) for domestic US Bidders. International Bidders must arrange telephone bidding no later than 5pm E.D.T. the day prior to their requested session (sessions will be held on Wednesday, October 3, Thursday, October 4, and Friday, October 5). No additional telephone bids can be accepted after this time, including additions when speaking with a staff person on the telephone. Once a telephone bid has been placed, contact numbers cannot be changed. International Bidders are responsible for entering appropriate country code and telephone number. All domestic US bids must be secured with a credit card number. International Bidders must satisfy pre-auction requirements prior to completing bid registration and may contact the Auctioneers? office for assistance. All bids are time stamped. In case of identical bids, the first bid received will take precedence. It is the Bidder?s responsibility to accurately record Lot Number, Bid Amount or Telephone Number on any bids submitted. The Auctioneers assume no responsibility or liability in the event a Bidder fails to do so. Bids cannot be submitted, altered, or cancelled via voicemail. 5. Buyer?s Premium: For bids placed via live in-house auction bidding, absentee bidding, or telephone bidding a FIFTEEN PERCENT (15%) Buyer?s Premium will apply. For bids placed through LiveAuctioneers.com a TWENTY PERCENT (20%) Buyer?s Premium will apply. 6. Auction Ending: The auction will be conducted live onsite at the Hilton North Raleigh/ Midtown, located at 3415 Wake Forest Road, Raleigh NC 27609 and each day/session will begin at 9:00AM E.D.T. (Wednesday, October 3, Thursday, October 4, and Friday, October 5) with floor bidding, telephone bidding, and absentee bidding as well as online bidding through LiveAuctioneers.com. The Auctioneers reserve the right to offer the property to be sold and to accept bids in the manner that creates the highest amount of return for the Seller. Online Bidders will be made aware of their position by the software application. The phone attendant will make telephone Bidders aware of their position. Once the high bid price has been determined by the Auctioneers in their sole and absolute discretion, the item will be posted as SOLD. The Auctioneers will, in their sole and absolute discretion, decide any and all disputes regarding bidding. Such decisions shall be final. 7. Property Information & Inspection: Neither the Seller nor the Auctioneers shall be responsible for any missing or incorrectly listed information. The Auctioneers have attempted to provide accurate descriptions. However, it is the Bidder's responsibility to conduct any and all due diligence or inspections to determine the condition and feasibility of the property for the Bidder?s intended use. Descriptions that are provided by the Auctioneers are provided in good faith and are matters of opinion. Bidder acknowledges that by registering to bid that Bidder has, to the Bidder?s satisfaction, personally inspected the property, hired an agent to inspect the property, or has waived Bidder?s right to inspect the property. Bidder?s failure or inability to conduct any investigation or inspection prior to placing a bid shall not invalidate a bid. Placing a bid creates a contractual agreement to purchase the property at the bid price plus Buyer?s Premium and any additional fees included in or related to the sale as described herein, including but not limited to North Carolina sales tax, transfer fees and shipping costs. 8. Auctioneers? Discretion: The Auctioneers and the Seller have full discretion to modify the date and time, order, and details of the auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of the Auctioneers or the Seller. 9. Server & Software Technical Issues: In the event that there are technical difficulties related to the servers, software or any other online auction-related technologies, Leland Little Auctions, Ltd., Iron Horse Auction Company, Inc., Live Auctioneers, and the Seller reserve the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software nor Leland Little Auctions Ltd., Iron Horse Auction Company, Inc., Live Auctioneers, or the Seller shall be held responsible for a missed bid or the failure of the software to function properly for any reason. 10. Payment Terms: Payment is due in full at the conclusion of the auction. All invoices under $5,000.00 must be paid for upon receipt of invoice and within THREE (3) calendar days. Acceptable forms of payment are cash, cashier?s check, approved company or personal check accompanied by a bank letter of guarantee, electronic funds transfer, or domestic U.S. issued credit card and PayPal not exceeding $5,000.00.  If a Bidder fails to contact the Auctioneers within THREE (3) days following the auction, the credit card used to secure the bid will be charged the full amount of the invoice. Credit cards accepted are Visa, MasterCard, or PayPal with valid domestic U.S. billing address. If your credit card is declined there will be an additional fee of $25.00 per attempt to collect the invoice balance. You agree that you will not initiate a dispute or issue a charge back on your credit card after the Auctioneers have charged your card. If your invoice exceeds $5,000.00 you must provide a certified check, cash, or wire transfer within 48 hours of the close of auction. Bidder shall be responsible for all wire transfer fees. Federal law requires that we report payments above $10,000.00 made by cash or certain other cash equivalents, such as money orders. International Bidders (non-domestic US) are required to pay by wire transfer. At the Auctioneers? discretion, certain lots or total invoices will be required to be paid for by wire transfer. No items will be released from the auction site without full payment and a valid paid invoice. State sales tax will be collected for this auction. North Carolina sales tax is 7.25% (Wake County sales tax rate). 11. Personal Property Condition: All items in this auction are selling 'AS-IS, WHERE IS' with all faults, if any. Neither the Seller nor the Auctioneers make any representations or warranties, express or implied, concerning the items being sold. Descriptions of the items are believed to be correct, but are not guaranteed. It is the Bidder's responsibility to conduct any and all due diligence and inspections prior to bidding in the auction. All due diligence periods end the date the auction is scheduled. It is possible that the property being sold is subject to charges, regulation, permitting, or any other type or sort of restrictions by Local, State and Federal Regulatory Authorities. It is the Bidder's responsibility to ascertain if the item bid upon by Bidder is subject to such authorities. Ultimately, it is the Bidder's responsibility to inspect all aspects of the items before placing a bid. The sale of an item is not negotiable or rescindable if you are not the winning Bidder of another item or items. If you bid on an item, you agree to pay for that item in full and take possession of that item. 12. Estimated Weights And Measurements: Weights and measurements noted in catalogue descriptions are to be used as approximate guidelines and not to be relied on as exact. 13. Possession: Items are not released from auction sites or facilities until the Bidder has a paid invoice. The Bidder shall insure their items once they have been deemed the winning Bidder. 14. Loading And Item Removal: Loading purchased items is the responsibility of the buyer. The Auctioneers will, as a courtesy, assist with loading following the sale, but this is done at the risk and responsibility of the buyer. The Auctioneers will have no liability for any damage while providing loading assistance. Pick up is available from the Retail Store, which is located at 3051 Spring Forest Road, Raleigh, NC at the following times: Wednesday, October 3rd: until 6:00pm Thursday, October 4th: until 6:00pm Friday, October 5th: until 6:00pm Saturday, October 6th: 8:00am to 2:00pm It is the buyer?s responsibility to pick up their items during the above listed times. If the buyer is unable to pickup their items during the above listed times, it is their responsibility to contact the Auctioneers at will@ironhorseauction.com to schedule an appointment to pick up their items during the week of October 8th (Monday, October 8th through Friday, October 12th, 9am ? 3pm). The Auctioneers will do their best to accommodate additional pickup appointment requests, however, all items must be picked up no later than end of day October 26th, 2018. Items left at the Retail Store beyond that date will be considered abandoned. 15. Abandoned Property: If the buyer fails to pick up their items during the above described pick up times (please refer to the ?LOADING AND ITEM REMOVAL? paragraph) the buyer?s item(s) will be considered abandoned and no refunds will be given. The Auctioneers are not obligated to notify the winning Bidder that their item(s) have been abandoned. 16. Shipping And Pick Up: When arranging shipping or pick up through another vendor or third-party of your choice, we require that you complete our Authorized Release Form. This form authorizes us to release your purchased items to the requested party. We will not release your lot(s) to any shipping vendor or third-party until we have received this form and payment has been made in full. Please note that shipment or pick up is the sole responsibility of the buyer. If you reside in a state or country that has import restrictions or regulations, it is your responsibility to obtain appropriate licenses to ship your purchased items (see the RESTRICTED MATERIALS section for more detail). All packing, handling, shipping, and delivery services are performed at the sole risk and expense of the buyer. The Auctioneers assume no legal or financial responsibility and are free from all liability associated with fulfilling your release request. 17. Restricted Materials: Please note that lots containing ivory or any other plant or animal material may be subject to regulations imposed by the Endangered Species Act by the United States Fish and Wildlife Department as well as other restrictions under federal, state and/or local law. Some countries prohibit the importation of property containing materials from endangered plant or animal species and prospective purchasers should familiarize themselves with relevant customs regulations prior to bidding if they intend to import these item(s) into another country. We also suggest that buyers in the United States check with their state's wildlife protection agency for any restrictions on the purchase, possession or sale of ivory or any other animal material. Please note that Bidders in New York and New Jersey may not bid on any lots containing elephant ivory, mammoth ivory, or rhinoceros horn. Items containing ivory can only be shipped to an address in the United States. Bidders should check all applicable government wildlife restrictions prior to placing a bid. The buyer will be solely responsible for obtaining any necessary license or permits applicable to the sale or transport of the item(s) including any export or import license and/or certificates as well as any other required documentation. 18. Legal Interpretations: This document will be interpreted by the laws of the State of North Carolina and by the United States Code. 19. Disputes: Any and all disputes resulting or arising in connection with this auction shall be heard in the United States Courts. 20. Auction Cancellation Bid Rejection: Seller and Auctioneers reserve the right to reject any and all bids for any reason. Seller and Auctioneers reserve the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding even if a bid has been placed. 21. Acceptance of Bid Prices: The Seller and Auctioneers reserve the right to sell to the next highest qualified Bidder or Bidders if the winning Bidder or Bidders have defaulted or otherwise failed to timely and properly consummate the winning bid. By registering and placing a bid you agree that if you happened to become a Default Bidder or Non Paying Bidder, the Auctioneers may charge your credit card for up to the entire balance of your invoice without the issuance of a chargeback. 22. Bidder Verification: The identity of all Bidders will be verified. Bidding rights are provisional, and if complete verification is not possible, the Auctioneers may at their discretion reject the registration, and bidding activity will be terminated. The Seller and the Auctioneers reserve the right to refuse service to any person who we feel to be fraudulent. 23. Online Bidder Responsibilities: Bidder responsibilities include, but are not limited to: Bidder agrees to keep its username and password confidential, as Bidder is responsible for ANY and ALL activity, bids, and purchases involving Bidder?s account. Bidder agrees to obey any and all local state and federal laws applicable to Bidder. Violations will result in termination of website use privileges. 24. Guaranty Agreement: By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment to the Auctioneers. 25. Age Requirement: All Bidders must be eighteen (18) years of age or older. 26. Bidding Increments: $0 - $500: $25 $500 - $1000: $50 $1,000 - $3,000: $100 $3,000 - $5,000: $200 $5,000 - $20,000: $500 $20,000 and up: $1000 or Auctioneer's Discretion 27. Acknowledgements: By registering, the Bidder acknowledges that he/she has read this document, has hired an attorney to read this document on his/her behalf, or has had this document read to him/her. Additionally, the Bidder agrees to all the provisions of this document without change or amendment.