October Premier Auction

Absentee Bids We will use reasonable efforts to carry out absentee bids given to us at least 24 hours prior to the sale for the convenience of clients who are not present at the auction. Bids must be placed in U.S. dollars on the set increment table. Bids that do not conform to the increment table, will be rounded down to the next increment. If we receive absentee bids on a particular lot for identical amounts, and these are the highest bids on the lot at the auction, it will be sold to the bidder whose absentee bid was received and accepted first. Execution of absentee bids is a complimentary service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute an absentee bid or for errors and omissions in connection with the absentee bid. McKinley's Auction may act as a dual agent when accepting and executing absentee bids. Telephone Bids We will use reasonable efforts to carry out telephone bids given to us at least 24 hours prior to the sale for the convenience of clients who are not present at the auction. Bids must be placed in U.S. dollars on the set increment table. Telephone bids will not be accepted for those lots with a low estimate below $1,000. Execution of telephone bids is a complimentary service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute a telephone bid or for errors, omissions, or technical issues in connection with the telephone bid. McKinley's Auction may act as a dual agent when accepting and executing telephone bids. Online Bids We will use reasonable efforts to carry out online bids. Execution of online bids is a complimentary service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute an online bid or for errors, omissions, or technical issues in connection with the online bid. Online bids are provided by 3rd party providers who may have additional terms and conditions not under the control of McKinley's Auction McKinley's Auction may act as a dual agent when accepting and executing online bids. Reserves Some or all lots in the sale may be subject to a reserve which is the confidential minimum price below which such lot will not be sold. The reserve will not exceed the low estimate of the lot. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. Successful Bid The highest bidder acknowledged by the auctioneer will be the purchaser. In the case of a tie bid, the winning bidder will be determined by the auctioneer at his or her sole discretion. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder or to re-offer the lot in dispute. If any dispute arises after the sale, the McKinley's Auction sale record shall be conclusive. Title passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder subject to the Terms of Sale set forth herein and the bidder assumes full risk and responsibility. Buyer's Premium In addition to the hammer price, the buyer agrees to pay McKinley's Auction a buyer's premium. The buyer's premium charged to all buyers is 29% of the hammer price. McKinley's Auction will not collect buyer's premium for Online bids. Sales Tax Some or all lots in the sale may be subject to a state sales tax based on the item and location of the buyer. Buyer's may present a full copy of their valid State resale tax identification or exemption identification number, complete an Illinois CRT-61 form and have the invoice name match the certificate to waive sales tax. Payment The buyer must pay the entire amount due (including the hammer price, buyer's premium, all applicable taxes and other charges) no later than the seventh (7th) business day following the sale. Payment in U.S. dollars may be made with cash, wire transfer, bank check or cashier's check drawn on a U.S. bank; money order; Paypal (subject to a 3.75% convenience fee) or major credit / debit card (subject to a 4% convenience fee). Paypal, credit and debit card purchases are only permitted for United States based buyers with invoices totaling less than $5,000. McKinley's Auction reserves the right to change payment terms, request additional information or require a specific type of payment from any buyer. The buyer agrees to pay McKinley's Auction a handling charge of twenty-five ($25) for any dishonored check. Buyer credits issued by McKinley's Auction expire one-year from issue. McKinley's Auction reserves the right to hold merchandise prior to shipping or release at its discretion. Non-Payment If we do not receive payment in full, in good cleared funds, within seven (7) business days following the sale, we are entitled in our absolute discretion to exercise one or more of the following measures, in addition to any actions available to us by law: a.) assess a 1.5% monthly interest fee for late payments b.) to cancel the sale c.) to resell the property publicly or privately with such terms as we find appropriate, to resell the property at public auction without reserve, and with the purchaser liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession owned by such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier's checks, we have confirmed their authenticity. d.) to offset against any amount owed e.) to not allow any bids at any upcoming auction by or on behalf of the buyer f.) to hold the defaulting buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law g.) to take other action as we find necessary or appropriate Collecting Purchases Once McKinley's Auction has received all funds due to us, the buyer shall collect purchased lots from our location in Albuquerque, New Mexico within ten (10) business days from the date of the sale. Re-Offer Purchased Lots McKinley's Auction, at its discretion, may re-offer at a future auction a lot that was purchased at this auction provided the buyer has made payment in full, the lot or any portion thereof has not been removed from the auction house, and the lot sold for a hammer price of at least three-hundred dollars ($300). Buyer must sign an auction consignment agreement that includes a selling commission to utilize this service. McKinley's Auction is unable to offer this service for lots that sold for a hammer price below three-hundred dollars ($300). Direct Shipping If your bid is successful, McKinley's Auction will directly ship select lots as noted in the catalog. The buyer is responsible for all transportation fees, packaging, handling, insurance and confirmation fees. Packages shipped to multi-unit addresses or those valued at $200 or more require signature confirmation. Buyer is responsible for all customs fees, import taxes, VAT, duties and any other fee associated with the purchase. All customs forms completed by McKinley's Auction will reflect the accurate sales price including hammer price, buyer's premium and any other fees. Third Party Shipping If your bid is successful, some lots may require third party shipping. We will furnish a list of recommended shipping providers, however, McKinley's Auction is not responsible for the acts or omissions of shipping providers whether or not recommended by us. Property will not be released to any shipping provider until payment has been made in full, cleared the bank and a statement of release has been provided by the buyer. LIABILITY Purchased Lots If for any reason a purchased lot cannot be delivered in the same condition as at the time of sale, or should any purchased lot be stolen, mis-delivered or lost prior to delivery, McKinley's Auction shall not be liable for any amount in excess of that paid by the purchaser. Legal Ramifications The rights and obligations of the parties with respect to these Terms of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of DuPage County in Illinois. If any part of these Terms of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law. Discretion Any and all of the conditions may be waived or modified at the sole discretion of McKinley's Auction SHOW MORE Credit, Debit, Paypal and Wire Payments All credit, debit and PayPal payments are subject to a 3.75% convenience fee. All wire transfer payments are subject to any banking related fees. Sales Tax Online purchases from McKinley's Auction may be subject to sales tax. Please see the following for more details. If you are tax-exempt, you can submit your tax-exempt certificate to prevent the collection of tax. Learn more about tax-exemption.

If you have not contacted McKinley Auction Gallery to arrange payment within 3 days of the time that invoice is sent, we will charge the credit card you used to register for the auction for the amount of your invoice.

Online purchases from McKinley Auction Gallery may be subject to sales tax. Please see the following for more details. If you are tax-exempt, you can submit your tax-exempt certificate to prevent the collection of tax. Learn more about tax-exemption.