Auction for the Estate of Vina Stanley

TERMS AND CONDITIONS OF BIDDING NOTICE: All Bidders and other persons attending this sale agree they have read and have full knowledge of the terms and agree and by the making of any bid the buyer acknowledges his/her acceptance of these terms. Auctioneer has the right to remove any individual that is disruptive to the auction process. 1. GENERAL: Auction Consultants Inc has made every effort to ensure the accuracy of their catalogue and the description of any lot. (a) Each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the seller with all faults, imperfections and errors of descriptions. (b) Auction Consultants Inc does not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot, unless they have been instructed in writing by the seller so to certify, and in such case the Auctioneers do so as agents of the vendor are not themselves responsible for such claims. (c) All statements, whether printed in the catalogue or made orally, as to any of the matters set out in sections (a) &/or (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by Auction Consultants, Inc., unless they have been instructed in writing by the seller so to certify and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims. 2. IDENTIFICATION: To register, all bidders will need to provide valid full name, address, driver?s license number and telephone number. By logging in to this auction, the buyer acknowledges and accepts of the terms of this sale. 3. DEPOSIT: No deposit is required to register for the auction online. 4. PAYMENT: All invoices will be paid within 24 hours of completion of auction. A 18% Buyer?s Premium will be added to the sales price (fall of the hammer) for online bidders. Sales price plus premium equals total amount due. An additional 3% will be added for credit card payments. Payments may be made by credit card (VISA, MC, AMEX, DISCOVER) or by wire transfer. Wire transfers will be sent to Elgin State Bank, 2002 S. Randall Road, Elgin, IL 60123, Ph# 847-888-7950, Route # 071908063, Acct# 001133360. Contact Guy Maudlin at 502-817-0444 or guy@auctionconsultants.com to arrange payments. Auction Consultants, Inc. requires email confirmation from sending banks on all wire transfers. MERCHADISE WILL NOT BE RELEASED UNTIL INVOICE IS PAID IN FULL. 5. COMPLIANCE WITH TERMS OF SALE: In default of payment of bills in full within the time therein specified, the auctioneer in addition to all other remedies allowed by law may retain all monies received as deposits or otherwise, as liquidated damages. Lots not paid for and removed with the time allowed herein may be sold at public or private sales without further notice, and any deficiency, together with all expenses and charges for resale including legal fees, will be charged to the default purchaser. 6. REMOVAL OF ITEMS: Packing and Shipping will be handled and billed independently through The UPS Store. The UPS Store will come to our location and pack and ship from our door. It is the buyer?s responsibility to contact UPS directly. Contact: The UPS Store 847 S. Randall Rd. Elgin, IL 60123 847-717-3249 www.elginUPSstore.com Buyer?s will need to provide The UPS Store with: A copy of your Auction Invoice (email to: wwwelginupsstore.com) Contact information Delivery Address Auction Consultants is not responsible for packing, shipping or any damages to your merchandise due to shipping or packing. Buyers are responsible for scheduling all shipping. All items on site will be considered abandoned by the buyer on 5/25/2011 and ownership will revert to the seller. The buyer is still responsible for any moneys owed to Auction Consultants for purchases made during the auction if the items are abandoned. 7. THE BUYER: The highest bidder is to be the buyer. Any bid which is not commensurate with the value of the item offered, or which h is too nominal an advance over the previous bid, may be rejected by the auctioneer if, in his judgment, such a bid would be likely injurious to the sale. If any dispute arises between two or more bidders, the lot in dispute, shall at the discretion of the auctioneer, either be reoffered for sale or sold as stated. In any event, the auctioneer?s decision will be absolute and final. 8. BREACH: Without limiting other remedies, we may limit your activity, immediately remove your bids or item listing, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide services to you if: (a) you breach this agreement; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss of legal liability for you, our Users, or us. 9. CONDITION OF ARTICLES SOLD: (a) Neither the auctioneer nor the seller shall be responsible for the correct description, genuineness, authenticity of or defect in any lot, and makes no warranty in connection therewith. No sale shall be set aside nor allowance made on account of any incorrectness, errors in cataloging, or any imperfection not noted. ALL ARTICLES ARE EXPOSED FOR PUBLIC EXHIBITION AND INSPECTION, AND SOLD ?AS IS? ?WHERE IS? AND WITHOUT RECOURSE. ARTICLES ARE NOT WARRANTED AS MECHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE, AND NO CLAIM MADE BY THE PURCHASER RELATING TO THE CONDITION OR USE OF THE ARTICLE PURCHASED OR FOR PROXIMATE OR CONSEQUENTIAL DAMAGES ARISING THEREFORE. (b) Auction Consultants Inc does not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot, unless they have been instructed in writing by the seller so to certify, and in such case the Auctioneers do so as agents of the seller are not themselves responsible for such claims. Each buyer by making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise as to all the Sale Conditions the physical condition of and description of the lot including but not restricted to whether the lot is damaged or has been repaired or restored. (c) No refunds will be issued, No returns will be accepted. 10. INDEMNIFICATION: Purchaser shall defend and indemnify and hold auctioneer and seller harmless from and against all claims and liabilities relating to the condition of, removal of, or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state, and local laws applicable to such articles, including OSHA requirements, and Environmental Protection Agency requirements, or for proximate or consequential damages, costs or legal expenses arising there from. 11. RISK TO PERSON OR PROPERTY: Persons attending during exhibition, sale or removal of goods assume all risks of damage or loss to person or property and specifically release the auctioneer and seller from liability thereof. Neither the auctioneer nor his principal shall be reliable by reason of any defect in, condition of, the premises on which the sale is held. Bidder acknowledges that an auction site is a potentially dangerous place with heavy equipment being operated and electric circuits being live. Every person at the auction site before, during and after the auction shall be deemed there at their own risk with notice of the condition of the premises, the activities on the premises and the conduct of third parties and the Bidder shall so advise his agents and employees. No person shall have any claim against the Auctioneers, their agents, employees or principals for any injuries sustained or for damages to or loss of property, which may occur from any cause whatsoever. 12. RESERVE: The auctioneer reserves the right to reject any and all bids. On lots, which there is a reserve, the auctioneer or his assigned agents, shall have the right to bid on behalf of the seller. 13. ADDITION TO OR WITHDRAWL FROM SALE: The auctioneer reserves the right to withdraw from sale any of the property listed or to sell at this sale property not listed, and also reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the seller will be served, the auctioneer reserves the right to sell all property listed, in bulk. 14. PURCHASER RESPONSIBILITY: It is the purchaser?s sole responsibility to meet all government safety and environmental standards in removing, shipping, and using purchased items. Certain items for sale may contain ?hazardous substances? as that term is defined under federal, state, local environmental laws and regulations. Auction Consultants, Inc. has no duty to remove hazardous substances that are contained in or are a part of any item. Purchaser agrees to defend (by counsel satisfactory to Auction Consultants, Inc.) and indemnify Auction Consultants, Inc. and hold Auction Consultants, Inc. harmless from and against any claim, demand, cause of action, liability or expense (including attorney?s fees and costs) asserted against or incurred by Auction Consultants, Inc. in connection with the sale, removal, shipment or use of any purchased items. 15. RECORDS: The record kept by the auctioneer and bookkeeper will be taken as final in the event of any dispute. 16. INDEPENDENT CONTRACTOR: The auctioneer is acting as an independent contractor only and is not responsible for the acts of its principle or sellers. 17. ADDITIONAL TERMS AND CONDITIONS: The auctioneer may add other terms and conditions to be announced the day of the auction. Some items subject to prior sale. THESE TERMS AND CONDITIONS, AND ALL QUESTIONS WITH RESPECT TO THE INTERPRETATION OF THESE TERMS AND CONDITIONS, SHALL BE GOVERNED BY AND CONSTRUCTED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO CONFLICT OF LAWS AND PROVISIONS. ALL BIDDERS EXPRESSLY CONSENT TO PERSONAL AND EXCLUSIVE JURISDICTION IN THE COURTS OF THE STATE OF ILLINOIS LOCATED IN KANE COUNTY.

No Local, State or Federal Taxes Apply