January 2005 Moriage

Tom Harris Auction Center The following as amended by any posted notices or oral announcements during the sale, constitutes the entire terms and conditions on which property listed in the catalogue shall be offered for sale or sold by Tom Harris Auction Center (“THAC”) and any consignor of such property for whom THAC has acted as agent. By bidding at an auction, whether in person or by agent, absentee bid, telephone, Internet or other means, the purchaser or bidder agrees to be bound by these Terms and Conditions of Sale. TERMS AND CONDITIONS PLEASE READ AND FAMILARIZE YOURSELF WITH THE FOLLOWING TERMS AND CONDITIONS BEFORE BIDDING. 1. All items are sold “AS IS, WHERE IS” with all faults. There are no warranties or guarantees of any kind, express or implied. All items are available for your examination prior to bidding. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. THAC attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot.In particular, condition of art frames are not guaranteed. We recommend prospective bidders examine all items in which they have an interest. 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. For additional condition reports and details, please call us at 641-754-4890. If you require absolute certainty in all areas, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. If your item(s) are damaged in shipping, you will need to contact UPS to file a claim. WE DO NOT GIVE REFUNDS! ALL SALES ARE FINAL! THERE WILL BE NO RETURNS. 2. All property is sold “AS IS, WHERE IS” and neither THAC nor the consignor makes any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of property or estimate of value. No statement (oral or written) in this catalog, at the sale, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. All measurements are approximate. 3. The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubt on THAC’s 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 and resell the article in dispute. If any dispute arises after the sale, THAC’s sale record is conclusive.**Note: Floor bidder's live bid will take precedence over internet bidder's if there is a tie in bidding. 4. The purchaser assumes full responsibility for items at the fall of the hammer. All items must be immediately insured by the buyer at the time of purchase. 5. As a convenience to customers, absentee bids and phone bids will be executed by THAC’S personnel in a competitive and confidential manner. Phone bid arrangements must be made 24 hours prior to start of the auction. All phone bids start at a $500.00 minimum opening bid. THAC will not be responsible for failure to execute absentee or phone bids. 6. There will be a premium of 10% to in-house, 13% for absentee & phone, and 18% for Internet bidders added to the hammer price of each lot and it will be considered part of the total purchase price. THIS DOES NOT INCLUDE SHIPPING AND HANDLING SEE NUMBER 9 FOR DETAILS. 7. All purchases will be subject to a 6% Iowa sales tax unless the purchaser possesses a valid tax exempt number or the item is being shipped over state lines. THAC must have a blanket exemption certificate with permit number and signature on any tax exempt sale. No Exceptions! 8. PAYMENT - All items purchased via the internet must be paid for within 72 hours of sale close with Visa or MasterCard only. For items bought through e-Bay Live Auctions or live auctioneers, it is the buyer’s responsibility to contact Tom Harris Auction Center (THAC) via telephone at 641-754-4890. We will accept MasterCard and Visa only. Failure to honor your payment with THAC will result in a NPB being placed on your e-Bay account. See below for additional penalties. 9. SHIPPING – THAC will pack and ship your items to you. The fee to the buyer will include actual shipping charges, insurance, materials and $20.00 per hour or part thereof labor with a 10.00 minimum per box.THAC will make every effort to ship your items within 21 days of our receipt of full payment and all shipping information. Successful Buyers will have their credit cards charged TWICE. Once for purchase total and once for packing and shipping charges.Any successful bidders will have the shipping charges applied to their MasterCard or Visa at the time of shipping. 10. THAC reserves the right to withdraw any lot at any time before the auction without any liabilies. 11. A range of estimates is given on each lot with a low and a high estimate. Estimates should not be relied on as a prediction of the actual selling price. This is an absolute auction and ALL items will sell to the HIGHEST bidder. There are NO reserves. 12. 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, THAC at its option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property at public auction without reserve or minimum selling price, 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. In the event a buyer initiates litigation against THAC for any reason, then buyer agrees to reimburse THAC for reasonable attorney’s fees and/or costs incurred in any such action. In the event THAC is required to initiate litigation and/or collection actions against a buyer, then the buyer agrees to reimburse THAC for reasonable attorney fees and/or costs incurred in any such action, and further agrees jurisdiction shall be in Marshall Country, Iowa. 13. These terms and conditions of sale, as well as the respective rights and obligations of THAC and any purchasers or bidder at any sale of THAC, shall be governed by and construed and enforced in accordance with the laws of the State of Iowa. Bidding Information: All lots will be sold in numerical order according to the catalog, and approximately 60 to 100 lots will be offered per hour. Bids will be accepted in whole dollar amounts only and using the bid increments listed below. All bids accepted at the auctioneer’s discretion. Biding increments do not include buyer’s premium, sales tax, insurance and/or shipping. All phone bids should be arranged as soon as possible, $500.00 minimum opening bid. A representative will call you 3 to 5 minutes prior to desired lot being offered. Incoming calls will not be accepted. Bidding Increments: Please make sure your bids fall within the proper increments. $0 - $199----------------------$10.00 $200 - $499-------------------$25.00 $500 - $999------------------$50.00 $1000 - $1999----------------$100.00 $2000 - $4999---------------$250.00 $5000 - $20000 -------------$500.00 For additional information or assistance regarding the Terms of Sale or any other relevant matter, please call Tom Harris Auction Center at 641-754-4890.

Local Taxes Apply