Big Fall Phoenix Auction 2004

1. A buyer’s premium of 15% (20% for online bidders) of the hammer bid price will be added to the purchase price and is payable by the purchaser as the total purchase price. All purchases are subject to state and local sales tax unless the purchaser possesses a valid sales tax exemption number. Exemption numbers from participating states are as per state tax codes. Tax numbers must be registered at the time a bidder number is issued. Signed documentation may be required to qualify for tax exemptions. 2. All items are sold as-is to the highest bidder, and neither we, nor the consignor make any warranties or representations with respect to these items, and neither will be responsible for the correctness of description, genuineness, attribution, provenance, period, culture, age, source, origin, authenticity, or condition of any item sold. All statements, written and oral, are QUALIFIED STATEMENTS OF OPINION ONLY. Illustrations in our catalogs, website, and other materials are provided for identification only. Prospective buyers are, in all cases, responsible for determining the physical condition of lots. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. Merchandise returns will not be accepted for any reason. 3. The auctioneer reserves the right to reject any bid. The highest bidder acknowledged by the auctioneer will be the purchaser. If any dispute arises between bidders, the item in dispute shall, at the auctioneer’s discretion, either be re-offered for sale or sold as stated. In any event, the auctioneer’s decision will be final. If any dispute arises after the sale, our sales records shall be conclusive in all respects. Title will pass to the highest bidder when the auctioneer says, “SOLD”, and thereafter the property is at the purchaser’s sole risk and responsibility. 4. Very few items in this sale are offered subject to a reserve. This is a confidential minimum price agreed upon by the consignor and Allard Auctions, Inc., below which the item will not be sold. The reserve may be executed by bidding from the auctioneer, his assistant, or the owner. 5. All written and phone-in absentee bids will be executed by the auctioneer’s assistant or the auctioneer himself, by use of a raised hand at the podium. Additionally, the representative(s) of the online bidding company, on behalf of pre-registered, online absentee bidders, will execute those bids live from the auction floor in the same manner. In the event of multiple absentee bids on an item, bidding on the floor must, and will, start at a figure no higher than the highest absentee bid, and no lower than the second highest absentee bid. Also, if any two or more absentee bids on a single item are tied, the first one received will be the one acknowledged and recorded. 6. Allard Auctions, Inc. reserves the right to withdraw any property before or during the sale, and has no liability whatsoever for the withdrawal of property. The local Federal Fish and Wildlife Dept. has been notified, and any items found to be illegal to sell because of feathers, attachments, or any other reason, will be pulled from the auction and not offered for sale. 7. By submitting any bid, whether in person, in writing, or any other means, the buyer acknowledges and accepts these terms and conditions. Payment and Pick-up 8. Purchases may be paid for by cash, check, or credit card. Personal checks will be accepted only if credit has been established with Allard Auctions, Inc. or if a bank authorization has been received guaranteeing a personal check. Allard Auctions, Inc. reserves the right to hold merchandise purchased by personal check until the check has been paid. Purchases paid for by Visa, MasterCard, American Express, or Discover must be cleared by telephone, and may take additional time at checkout. Also, we will offer a 2% discount for cash payments on the day of the sale only. 9. All purchases must be paid for the day of the auction. Allard Auctions, Inc. upon request only, may agree to hold and arrange shipping of purchases on a limited basis. This is done solely at the purchaser’s risk and expense, and Allard Auctions, Inc. assumes no responsibility for loss or damage. Any claims or other shipping related issues will be between the shipper and the purchaser. All other merchandise must be removed from the premises the day of the auction without exception. 10. All items purchased through absentee, phone, and Internet bidding will be paid for in the manner described on the Absentee Bid Form and in the Internet Bidding section found herewith in these Terms and Conditions. 11. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to it by law, including without limitation the right to hold the purchaser liable for the total purchase price, Allard Auctions, Inc. at its option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property either privately or at auction without reserve, and the purchaser will be liable for any deficiency and costs, including handling charges, expenses of both sales, the commission on both sales at regular rates, all other charges due hereunder and incidental damages. Buyer's Guide: IN PERSON All bidders are required to have a bidder card prior to bidding. You may register for a bidding number during the preview or during the auction. All lots will be sold in numerical order according to the printed catalog and approximately 75 to 80 lots will be offered per hour. To place a bid, raise your card so that the auctioneer can clearly see it. Know the amount that you are willing to bid and don’t hesitate. If you are the successful bidder, the auctioneer will acknowledge your bidder number and bid amount. ABSENTEE BIDS You may submit absentee bids prior to the sale by telephone or by submitting an Absentee Form via fax, mail, or in person. The earlier your bids are submitted, the less likely it will be that there will be a problem in executing them. Use only the published bid increments when submitting bids. If you submit a bid that is between increments, we will execute it at the lower increment. In the event of multiple absentee bids on an item, bidding on the floor must, and will, start at a figure no higher than the highest absentee bid, and no lower than the second highest absentee bid. Also, if any two or more absentee bids on a single item are tied, the first one received will be the one acknowledged and recorded. A 10% bid deposit is required for all absentee bids, by way of a check, money order, or credit card. By submitting an absentee bid, you acknowledge and agree to abide by all Terms and Conditions and other instructions for this sale. Allard Auctions, Inc. will make every effort to execute your absentee bids, but will not be held liable for any failure to do so. BY TELEPHONE Telephone bidding can be arranged on items with a low estimate of at least $500 – no exceptions. Because phone space is limited, phone bidding is offered on a first come, first served basis. Registration for phone bidding should be completed at least 24 hours in advance to allow our company representative(s) to put you on the schedule. Valid credit card information will be required with your registration. You will be called approximately 2 minutes prior to the desired lot being offered. Incoming calls will not be accepted. Allard Auctions, Inc. will make every effort to accommodate the telephone bid request, but will not be held liable for failure to do so for any reason. INTERNET Together with EbayLiveAuctions and LiveAuctioneers.com, Allard Auctions, Inc. offers real-time, live online bidding to pre-registered bidders who prefer to participate in the auction from the comfort of their homes or offices. To accommodate the approval process, it is recommended that you register to participate online as early as possible. To register, visit www.liveauctioneers.com. You will be required to submit credit card and shipping information with your registration. A $1 registration fee will be charged to verify the validity of the credit card. There is a 5% additional premium (20% total) for successful online purchases that will be added to the hammer price. If you wish to pay for your purchases by another means besides the credit card with which you register, you must contact Allard Auctions, Inc. by noon on the Monday immediately following the last the day of the sale. Payment by any other means will delay shipping because items will have to be packed and transported back to Montana for processing. SHIPPING Because we have only one day to process all absentee purchases, unless you contact us by noon on the Monday immediately following the last day of the auction, shipping will be automatically arranged for you without contacting you first, using the credit card and address information that you provided with your registration. Packing and shipping services are provided by an outside contractor who will charge you separately for their fees. Any shipping related concerns should be directed to the shipping company. Items are sent as quickly as possible, but because of the volume of items being processed, in some cases it may take up to four weeks to receive your purchases. Please note that due to the delays caused by French Customs, we will not arrange shipping to France until further notice. NOTIFICATION All successful absentee bids, whether submitted via phone, fax, website, or mail, and successful online bids will be processed and shipped without prior notification except as described above. You may contact us at the hotel on the Monday immediately following the last day of the sale or at our Montana office a few days after the sale to inquire about hammer prices of particular lots. Auction results will be posted on our website approximately two weeks following the sale. And, if you purchased a catalog, a Prices Realized list will be sent to you approximately three weeks after the sale.