Donal Markey Collection

1. In publishing this catalog, Bertoia Auctions has endeavored 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 whether bidding in person, by mail, by telephone or by internet to determine the exact condition of each item. No statement in this catalog, bill of sale, invoice, or elsewhere by any representative of or person in the employ of Bertoia Auctions 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. Questions pertaining to the sale must be addressed the Wednesday before the actual sale; emails or fax inquiries received after this date may not be answered. 2. 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 their discretion decide to reopen the bidding or not. 3. 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. 4. The buyer shall be required to pay New Jersey Sales Tax (3.5%) in-house and (7%) shipped to NJ residents unless exemption is allowed under the laws regulating such tax. 5. Bids Absentee Bids: As a service to our customers who cannot attend the sale in person, Bertoia Auctions will execute absentee bids if so authorized by mail or fax. All lots purchased for absentee bidders will be done so at the lowest possible price regardless of the amount of the order bid. We cannot execute “buy” bids. In the event of tie bids between absentee bidders and those present at the auction, preference will be given to the attending bidder. In the event of identical bids from absentee bidders, preference will be given to the first received. In the event a catalog error is discovered prior to the sale, Bertoia personnel will attempt to contact and inform the bidder well in advance, however, if the bidder cannot be contacted, Bertoia Auctions will retract the bid. Absentee bidders should use the enclosed form and clearly mark the lot number, title and maximum bid. To secure your bids, a 20% deposit will be required with all absentee bids. In the event that items purchased by absentee bid are not fully paid for within 30 days, the 20% deposit will be forfeited and the item will be resold. Telephone Bids: Bertoia Auctions will have telephone lines available for bidders who would like to participate by phone during the auction. To qualify for a phone line, the same procedure for absentee bids must be followed (see above). The absentee bid form must be completed and mailed or faxed with lot number, title, maximum bid ordered and the checkbox marked “PHONE LINE REQUEST.” If the item has reached more than your bid order, you may at that time continue the bidding by phone. If it sells for less than your bid price, then like all absentee bids, it is yours for the hammer price . . . regardless of the amount of your bid. Bertoia Auctions cannot guarantee that all phone requests will be honored. Due to heavy demand at certain segments of the auction, it may be impossible to have a line available. Although Bertoia Auctions will try to accommodate each and every request, we cannot assume responsibilities for any missed calls due to human or technical error. In the event of a missed call, the written absentee bid will be executed. Requests for phone lines must be received no later than 5 p.m. Wednesday, April 13, 2011. Internet Bidding: Bidders may preview, register, and place bids on-line through our web-site www.bertoiaauctions.com. Bidders may also bid live during the actual auction through www.LiveAuctioneers.com. To register for on-line bidding go to www.LiveAuctioneers.com and create an account. Then locate our sale through the “Browse” tab at the top of the page and sign up for approval to bid. Approvals are made by Bertoia Auctions and new bidders will be subject to credit approval. Bertoia Auctions reserves the right to close Internet bidding on any item if a catalog error is discovered prior to the sale and is not held responsible for any missed calls due to human or technical error. 6. Shipping: We ship in the order paid, first in - first out. Bertoia Auctions will professionally pack, ship, and insure any items purchased. There is minimum $15.00 shipping and handling charge, however most shipments will exceed this charge based on time, package size and weight; all special requests for “Rush Delivery” will incur an additional fee associated with the expedited shipment. Insurance charge is .75 per $100.00 and signature confirmation is $3.25 per box. UPS is the standard mode of shipping, for larger items, we can refer you to a delivery service. All International shipping will be shipped via U.S. Postal Service, UPS International or Federal Express. Our policy is to provide accurate information on all customs documentation and all purchases will be noted as merchandise. Please allow at least 7-10 business days for shipping from receipt of payment. 7. All Sales Are Final. 8. All accounts are to be settled by the end of the sale unless other arrangements have been made beforehand. 9. Payment may be made in American dollars by cash, personal check or money order if credit has been established with Bertoia Auctions, or a letter of bank guarantee from your local bank. We reserve the right to hold all merchandise paid for by check until such check has cleared the bank. We also accept Visa, MasterCard, Discover and PayPal. (Overseas accounts will incur foreign transaction fees.) If you wish to do a wire transfer, please contact the office to obtain a wire transfer form. 10. Bertoia Auctions is not responsible for any typographical errors or omissions in this catalog or in the subsequent price key. Photographs in this catalog are of the actual objects being sold but exact condition of the objects offered takes precedence on the day of sale. 11. In bidding on any lot here offered the bidder indicates acceptance of these Terms of Sale. 12. Payment must be made within thirty days of auction date. Payments exceeding the thirty day period will be subject to an additional $25.00 fee and recurring interest charge of 1.5%. 13. Bertoia Auctions and their representatives reserve the right to refuse admission or to request the departure of any person/persons that are acting in a manner unbecoming to the success of the auction preview or auction. 14. A 17.5% buyer’s premium will be added to all successful bids and payable as part of the total purchase price, or if paid by American dollar cash, check or money order, a discounted 15% buyer’s premium will apply. All Internet bidding is subject to 20.5% buyer’s premium, a discounted 18% if paid with American dollar cash, check or money order. For additional information regarding the Terms of Sale or any other matter relevant to this auction contact: Bertoia Auctions 2141 DeMarco Drive Vineland, NJ 08360 856-692-1881 Fax 856-692-8697 Email: toys@bertoiaauctions.com Definition of Gradings: Mint Out of Box Condition Near Mint 98% Plus Pristine 93% - 98% Excellent 90% - 93% Very Good 80% - 89% Good 70% - 79% Fair 69% or Under Bid Increments (Any off increments will be rounded up to the next bid increment): $0-$99 = $10 $100-$499 = $25 $500-$999 = $50 $1000-$1999 = $100 $2000-$4999 = $250 $5000-$10,000 = $500 $10,000+ Auctioneer's Discretion

Local Taxes Apply