Important Fall Americana Auction

1. Jos. C. O'Neal & Sons Auctioneers & Appraisers has strenuously researched to accurately describe all items being sold, but all property herein offered for sale is strictly "as is" and it is the bidder's responsibility to determine the exact condition of each item. No statement in this catalogue, bill of sale or invoice shall be deemed to be a warranty, representation, or assumption of liability with respect to age, condition, size, quality, variety, importance, provenance, or historical relevance of any of these items. Any such statements are strictly matters of opinion. Since the buyer's definition of condition might be far more particular than what any cataloger would have time or space to specify. The entire purpose of our catalogue description is to give our readers a general description and idea of what the lot is and we will stand behind that description regarding a major discrepancy only. If the discrepancy is in fact a minor discrepancy, under no circumstances would any adjustment or refund be made. Should the need arise, the auctioneer reserves the right to make verbal corrections and provide additional information from the block at the time of the sale. Absentee bids will not be executed on items that are found to be other than described in the catalogue unless we were able to contact you prior to the lot being sold and advise you of this discrepancy. If we are unable to reach you or if time does not permit, we will not execute your bid. 2. For live bidders it is expected that you have examined the items before you purchase them and that as you pick them up, it is expected that you will re-examine them one last time. If there is a problem regarding condition, it is expected that you would notify us immediately before leaving the O'Neal Auction Center. If you are an absentee bidder then it is your responsibility to examine the lot immediately upon receipt. If a major discrepancy should be discovered, it is your responsibility to contact us immediately. Please note: All guarantees and options for refunds or adjustment become null and void 15 business days after the auction. If you suspect that there is a major discrepancy or problem with authenticity of your lot, it is your responsibility to contact our office before the 15 business days are up and let us know that you need some extra time. We can usually make arrangements to extend the guarantee for a few days if you personally advise us. Please note: If you pay late and thus, receive your items late, it does not qualify for special privileges. The guarantee is null and void 15 business days after the auction. It is your responsibility to pay for and acquire your purchases in a timely fashion. 3. Jos. C. O'Neal & Sons Auctioneers & Appraisers is not responsible for any typographical errors or omissions in this catalogue. 4. Under no circumstances will Jos. C. O'Neal & Sons Auctioneers & Appraisers be responsible for lost profits or other financial damages. Refunds requested on the grounds of authenticity must be accompanied by at least a supporting written statement from an authority recognized by the auctioneers. Auctioneer will not be responsible for shipping costs, after auction appraisal fees, testing or any other post auction costs. If it is agreed that an item may be returned, it is the buyer's responsibility to return it in the same condition as received. 5. An item that qualifies for an adjustment is limited to one of the following options: 1) Major problems, (i.e. fakes, significant alteration, major unannounced restoration, etc.) will result in full money back refund or adjustment in sale price or repair by the auctioneer. The auctioneer shall be the judge as to the final resolve. 2) Less than major problems or discrepancies are not part of the guarantee and no refund or adjustment will be considered for less than major problems. 6. The Auctioneer will be the final judge as to which bidder is the highest bidder. In the event of any dispute in this matter, the auctioneer shall at his discretion decide to reopen the bidding or not. 7. Title to all merchandise shall pass to the highest bidder at the fall of the Auctioneer's "hammer". The purchaser shall assume full risk and responsibility of the lot purchased once title has passed. Please note any lots we might make arrangements for moving or storing are solely at the risk of the owner and any damage or loss occurring after the fall of the hammer becomes that of the buyer. 8. Forms of payment accepted include Cash(in house only), Personal Check, Cashier's Check, VISA/MC on day of sale. All items must be paid for day of sale. PAYPAL IS NOT ACCEPTED. 9. Phone, fax, or mail bids will be accepted until 5:00 P.M. on Friday, November 14, 2008. In such case, Jos. C. O'Neal & Sons Auctioneers & Appraisers will execute such bids competitively. Absentee bids are a service provided to our customers free of charge. Every effort is made to execute all absentee bids; however, in the event of an error of omission or failure to properly execute absentee bids, the auctioneer shall not be held liable. 10. At the discretion of the auctioneer, phone bidding may be arranged on more expensive items. In order to make arrangements to bid on the telephone at the time a lot is being sold, you must contact our office in advance of the auction. We will make arrangements to call you just prior to the lot being sold so that you may bid over the telephone. There are usually a limited number of phone lines available into the gallery, so if you wish to bid over the telephone, it is important for you to make arrangements early. 11. Jos. C. O'Neal & Sons Auctioneers & Appraisers reserves the right to charge a 15% buyer's premium on all purchases. This 15% buyer's premium will be discounted to 10% for successful live floor purchases. 12. Jos. C. O'Neal & Sons Auctioneers & Appraisers does not ship items for successful bidders. If you are the successful bidder and are unable to attend the auction in person or pick up your item, it is your responsibility to arrange for shipment. For shipment arrangements and questions, please call Mail Movers Pack N' Ship Store, a professional package and shipping company located in Salisbury, Maryland. Mail Movers professionally packages and ships internationally. They are located at 1221 Old Ocean City Road, Salisbury, MD 21804. Their contact information is: (410) 219-5890, email: packnship@mailmovers.net. Please note: If you are the successful bidder and wish to pick up your items from our facility, it must be done within 15 business days after the auction. Items that are to be picked up from our facility by successful bidders that are not removed within 15 business days after the auction will be subject to a storage cost of $5 a day per item. 13. All items are to be paid for in U.S. Dollars at the day of the auction. Absentee Bidders & Online Bidders - Directly after the auction you will be contacted via phone or email about the items you purchased and the total amount due. After you are contacted, payment is expected immediately. The auctioneer reserves the right to hold merchandise purchased by personal check 10 business days until the check has cleared the bank, if the auctioneer deems such action necessary to protect his interest. 14. We reserve the right to withdraw any property before sale and shall have no liability whatsoever for such withdrawal. 15. If you are registering or executing a bid for someone else under your number, please bear in mind that you are responsible for the settlement of that account with us regardless of whether the person you're executing or registering for pays you or not. 16. In bidding on any lot here offered the bidder indicates acceptance of these Terms of Sale.

Local Taxes Apply.