EVERYTHING NICE & Sugar & Spice DOLL AUCTION

The property in today's sale will be offered for sale by McMasters Harris Auction Co., ("Auctioneer") on behalf of the owners of the property, and will be governed by the terms and conditions set forth herein. 1. Bidder's Registration. All persons who wish to bid in the auction must register with the clerk and obtain a unique bidder number. To register, you must provide all of the registration information requested. Bidders must be 18 years of age or older and have a valid driver's license. Auctioneer reserves the right to refuse to register or admit any person at its sole discretion. Invoicing for purchases will be sent in according to the information on the bidder's registration. 2. Payment. WIRE TRANSFER, CREDIT CARDS OR PAYPAL ONLY FOR ABSENTEE, PHONE AND INTERNET PURCHASES. For GALLERY PURCHASES payment in full (including the buyer's premium when applicable) must be paid in cash, check, money order, paypal, wire transfer, or credit card, prior to the removal of any property purchased. Buyer shall pay the purchase price, plus any and all applicable taxes, unless such taxes are exempted by law (proof of exemption must be provided). Payment in full for all purchases must be paid for within one (1) hour after the sale. 3. Buyer's Premium. A buyer's premium may be charged in this sale. Please listen to the announcements in order to determine whether a buyer's premium is charged and the applicable amount. The buyer's premium is an advertised percentage of the high bid or flat fee added to the high bid to determine the total contract price to be paid by the Buyer. For example, if the winning bid is $100 and there is a ten percent (10%) buyer's premium, the premium will be $10.00, for a total bid of $110.00. This amount does not include any taxes that may also be due. The buyer's premium does not create any agency relationship between Buyer and Auctioneer. Auctioneer is the agent of the seller only. 4. Stop Payment/Insufficient Funds. Upon making payment for a lot(s), no stop payment of funds will be honored. Any stop payment order of a check, or giving a check which is returned marked "insufficient funds," shall be deemed by the parties to be prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as intent to defraud. 5. Shipping Costs: A packing charge of $5.00 per LOT will be added to all Absentee, Phone, and Internet purchases FOR ITEMS UNDER 24 INCHES IN SIZE; ITEMS 24 INCHES AND OVER WILL BE $10. In addition, buyers will be responsible for postage and postal insurance. Free shipping for purchases of $5,000 or more and shipped with the continental United States (buyer must pay the insurance cost however). This offer does not apply to International purchases or shipments. All International shipments will be insured for their full purchase price (hammer price plus buyer's premium). No exceptions. By agreeing to these terms and conditions, buyers give permission to McMasters Harris Auction Co. to use the buyer's credit card or other payment methods on file with McMasters Harris Auction Co. to pay for products and services provided, including shipping and declared value coverage services. Packages refused by recipient, or which for any reason cannot be delivered, are the responsibility of buyers for payment of forwarding, disposal, or return transportation charges. International shipments: buyers are additionally responsible for customs charges, penalties, duties, storage charges or other expenses incurred as a result of an action by customs or International delivery services. 6. Agency Relationship. Auctioneer is the agent of the seller. Auctioneer accepts property to be sold at an auction from various sellers. Auctioneer reserves the right to include in the auction its own property as well as property from affiliated or related principals, agents, or employees. 7. Acceptance of Terms. A bid placed by any person shall be conclusive proof that he/she acquainted himself/herself with the terms and conditions of sale and agreed to be bound by such terms and conditions prior to placing any bid. 8. Representations and Warranties. All representations and/or warranties made, if any, are between Buyer and Seller. Auctioneer shall not be held responsible for the correctness of any representations and/or warranties of any kind with respect to the property. Auctioneer shall not be held responsible for any representations and/or genuineness of description of any property. Unless otherwise noted by Auctioneer, any and all warranties, express and implied (including the warranty of merchantability and fitness for a particular purpose), are hereby disclaimed and waived by Buyer. 9. Sales Final and Inspection of Lots. ALL SALES ARE FINAL AND ALL PROPERTY IS SOLD "AS IS" AND "WHERE IS." Buyer acknowledges that he/she has been provided the opportunity to inspect the property before purchasing same and Buyer has/has not inspected the property at his/her sole discretion. Buyer is responsible to determine the condition of any property. 10. Reserve Auctions. Unless explicitly stated otherwise by Auctioneer, each lot or item is being sold with reserve as a reserve auction. These terms are applicable to all reserve auctions. The Auctioneer and seller reserve the right to withdraw any property before and during the sale of such property. The seller reserves the right to reject any and all bids for any reason. The Auctioneer, at its sole and complete discretion, may reject a nominal and/or fractional bid advance. Auctioneer reserves the right to place a bid on any lot on behalf of the seller up to the amount of the reserve, if any. Auctioneer will not specifically identify bids placed on behalf of the seller. 11. Without Reserve Auctions. These terms apply only to auctions without reserve, also known as an absolute auction. Auctioneer and the seller reserve the right to and may withdraw any property or cancel the sale at any time prior to calling for bids at the beginning of the auction. After Auctioneer has started calling for bids, the property may be withdrawn if there are no bids within a reasonable period of time. Once a bid has been made for the property, it may not be withdrawn. All property offered at auction is to be sold to the highest bidder. 12. Disputes between Bidders. In case of any dispute between bidders, the Auctioneer's records shall be conclusive in all respects. 13. Bidding. It is the responsibility of the bidder to make sure that Auctioneer is aware of his/her intent to place a bid. Auctioneer disclaims any liability for damages, whether direct, indirect, consequential, or incidental, resulting from bids not spotted, executed, or accepted. Bidders should also be careful to bid on the correct lot and ensure that his/her bid is for the amount intended. Auctioneer is not responsible for errors in bidding. The sale is complete when the Auctioneer so announces by the fall of the gavel. 14. Acceptance of Bids. The Auctioneer may disqualify or refuse any bid believed to be fraudulent, illegitimate, not in good faith, or in violation of this Agreement or any applicable law or regulations. 15. Transfer of Title. When Auctioneer announces that any specific property is "SOLD" with the fall of the gavel, title for that property shall pass to the successful bidder, who then and there assumes the full risk and responsibility for the property. All property shall be removed from the sale premises by the Buyer and/or Buyer's representative at his/her/its own risk and expense, and within the time period announced and/or posted by Auctioneer, except as provided for herein. 16. Falling Gavel. During the sale of each lot or in the event of a bid while the gavel is falling, Auctioneer may reopen the bidding at the sole and complete discretion of Auctioneer. 17. Limitation of Liability. Neither Auctioneer nor seller shall be liable for any damage and/or injury to any property and/or person at and/or upon the sale premises. Each person entering upon the sale premises assumes and/or incurs all risks and/or liability whatsoever for his/her safety (and for any minor with him/her). Each person upon the sale premises shall defend, indemnify and hold harmless Auctioneer and/or seller from any and all liability as set forth, including, but not limited to, any event that may result in any damage and/or injury to his/her person (or to any minor with him/her) and/or property during the inspection and/or use of any property on the sale premises. AUCTIONEER IS NOT RESPONSIBLE FOR ANY LOST, STOLEN, OR DAMAGED PROPERTY. 18. Breach of Contract. If the terms and conditions contained herein, or any other terms and conditions announced by Auctioneer, are not complied with, in addition to other remedies available to Auctioneer and/or seller by law, including without limitation, the right to hold the Buyer liable for the bid price, Auctioneer, at its sole option, may: (1) publicly or privately resell the property, with the non complying Buyer being held liable for the payment of any deficiency purchase price, plus all costs incurred; and/or (2) cancel the sale and retain as liquidated damages all payments made by the non complying Buyer. Auctioneer's commissions, all incidental damages, expenses, court costs, costs of collection and/or attorneys' fees will be charged to and be the responsibility of the non complying Buyer. 19. Memorandum of Sale. Buyer authorizes Auctioneer to execute any memorandum of sale on behalf of and in the name of Buyer, or in Auctioneers own name, in connection with the purchase of any Lot or item, in accordance with his/her bid. 20. Auctioneer Liability. Auctioneer acts solely as an agent for seller and is not a party to any contract for the sale of any property offered by the seller for sale and/or sold at this auction. IN NO EVENT SHALL AUCTIONEER BE LIABLE TO BUYER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AUCTION OR THE PERFORMANCE OR BREACH THEREOF. AUCTIONEER'S LIABILITY TO A BIDDER SHALL IN NO EVENT EXCEED THE TOTAL OF THE PURCHASE PRICE, BUYER'S PREMIUM, AND TAXES PAID BY BIDDER TO AUCTIONEER, REGARDLESS OF WHETHER BUYER'S CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. 21. Sale of Lots. All bids are to be per lot, unless otherwise mentioned by the Auctioneer. Auctioneer reserves the right to include in the auction any lot and the right to withdrawal any lot prior to calling for bids at the beginning of the auction. Auctioneer may combine, subdivide, regroup or reorganize any lots. 22. Recording Devices. No photographs, tape recordings and/or video recordings of any type are permitted without the express written prior approval of Auctioneer. 23. Severability. If any provision of this Agreement is declared or determined to be null, void, inoperative, illegal or invalid for any reason, the validity of the remaining parts, terms or provisions will not be affected thereby and they will retain their full force and effect, and said null, void, inoperative, illegal or invalid part, term or provision will not be deemed to be part of this Agreement. 24. Interpretation. Each party to this Agreement acknowledges that it has read, or has had the opportunity to read, the terms provided herein. The parties agree that this Agreement reflects the terms as agreed to by the parties hereto. In the event a term or terms is considered ambiguous, neither party hereto, nor their respective counsel, will be considered the draftsperson of this agreement for the purpose of causing the terms of this Agreement to be construed against a party hereto. 25. Applicable Law. The parties hereto acknowledge and agree that this Agreement is made and entered into in the State of Ohio, and will in all respects be interpreted, enforced and governed under the internal laws (and not the conflicts of laws) of the State of Ohio. In the event that the parties hereto, or any one of them, litigate any actual or potential breach of this Agreement, the parties hereto stipulate and agree that the exclusive and continuing venue for any such action will be in the Guernsey County Court of Common Pleas, Ohio, or the United States District Court, Southern District of Ohio. 26. Rights not Transferable. All rights granted herein are personal and exclusive to the registered bidder, and may not be assigned or transferred to another person or entity, by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be void and unenforceable. No third party may rely on any benefit or right conferred herein or granted to any bidder. 27. Partial Payment. In the even that the Buyer pays only a portion of the purchase price for any or all lots purchased, Auctioneer shall apply the payment received to such lot or lots that Auctioneer, in its sole discretion, deems appropriate. 49443 080403mh