Haynes Estate No Reserve Antique Auction

1. All articles are sold "AS IS, WHERE IS" and with no warranties or guarantees of any type either expressed or implied made by Kruse, Inc., dba Kruse International (hereinafter called "Kruse"). Any warranties made by the Seller/Owner must be in writing on an instrument separate from the Purchase Invoice & Bill of Sale and signed by both the Bidder/Buyer and Seller/Owner. In no event shall Kruse, the auctioneer or any employee, agent or associate of Kruse be responsible or liable for any such warranties, guarantees or the genuineness or description of any article offered for sale. 2. All statements printed in Kruse catalogs, ads, brochures, signs and item cards, as well as verbal statements made by the auctioneer or staff or announcements made on the date of sale, have come from the Seller/Owner, and that Kruse has not independently verified same. Kruse assumes no responsibility or liability for representations made by any Seller/Owner and shall have no obligation to verify or authenticate such statements or claims. Any announcements made sale day supersede printed information in the catalogs, ads, brochures signs and item cards. BIDDER/BUYER ACKNOWLEDGES BY SIGNING THE REVERSE SIDE OF THIS CARD THAT HE/SHE/IT WILL NOT HOLD KRUSE RESPONSIBLE FOR ANY REPRESENTATIONS OR STATEMENTS MADE BY ANYONE BEFORE, DURING OR AFTER THE SALE ABOUT THE ITEMS BEING SOLD. 3. Payment of funds due Bidder/Buyer from any other transaction may, at Kruse’s discretion, be withheld from Bidder/Buyer and applied to other purchase[s] made by Bidder/Buyer. All payments must be made with good funds which are defined as cash, cashier’s checks, traveler’s checks, MBNA credit card or any participating credit providing firm authorized by Kruse, or personal/company checks backed by an irrevocable bank letter of guarantee stating the amount to be honored by the bank. Drafts are not acceptable. Execution of this Bidder Agreement shall constitute written permission for Kruse to obtain a credit report on Bidder/Buyer. No article can be removed from the premises before making settlement. Title for any titled article purchased may be withheld until Bidder/Buyer/Buyer’s funds clear the Seller/Owner’s or Kruse’s bank account. All cash payments of $10,000 or more will be reported to the Federal Government subject to applicable (8300) law. 4. Unless agreed otherwise in writing by Bidder/Buyer and Kruse, all articles shall be removed from the sale area by the Bidder/Buyer at Bidder/Buyer’s expense within 2 days of the sale, and if not so removed, Kruse may remove the article with all costs of moving and storage to be paid by the Bidder/Buyer. Bidder/Buyer agrees that Kruse has no liability for loss or damage to items left with Kruse at any place of auction and that Bidder/Buyer shall maintain insurance to cover any items purchased at the sale. 5. If any of the terms of sale contained herein, or in any instrument collateral hereto, are not complied with by the Bidder/Buyer, in addition to other remedies available by law to Kruse and/or the Seller/Owner (including the right to hold the purchaser liable for the bid price), Kruse and/or the Seller/Owner, at its option, may do either of the following: (1) Cancel the sale and retain as liquidated damages all payments made by Bidder/Buyer, or (2) resell the article on 5 days written notice to the Bidder/Buyer at a private or public sale for the account of and at the risk of the Bidder/Buyer, and in any such event the Bidder/Buyer shall be liable for any deficiency plus all costs for such reselling, including moving and storage and the entry fees and commissions for both the fist and second sale and all reasonable attorney fees and court costs incurred. 6. All terms of sale posted on the auction premises, printed in sale brochures, forms, signs, publicly announced, or otherwise published are incorporated herein by reference. 7. If any check given in payment is dishonored for any reason, including but not limited to, insufficient funds, stop payment or the like, Bidder/Buyer agrees, whether such check is signed by Bidder/Buyer as maker or endorser, that if such check is placed in the hands of an attorney for collection, to pay all reasonable attorney’s fees incurred, together with all court costs and associated expenses in the event suit is instituted. 8. Unless the sale of an article is advertised or announced to be otherwise, each lot is offered subject to the reserve price of the Seller/Owner. When an article is sold with reserve, the auctioneer may bid on the Seller/Owner’s behalf in an amount not to exceed the reserve price. 9. Bidder/Buyer hereby irrevocably agrees and assents to the jurisdiction of the courts of DeKalb County and the State of Indiana in any claim or complaint or lawsuit against Kruse or any of its employees or independent contractors. If Bidder/Buyer sues Kruse and does not prevail, Bidder/Buyer will reimburse Kruse for all reasonable legal fees and expenses connected with such suit. Bidder/Buyer hereby agrees that the laws of the State of Indiana will govern and control in any lawsuits or court actions that Bidder/Buyer or anyone else may institute against Kruse. 10. Bidder/Buyer shall pay all city and state sales, use and other taxes assessed, due to or resulting from the Bidder/Buyer’s failure to qualify as exempt from such taxes. Bidder/Buyer also agrees to pay the Buyer’s Premium and any other applicable fees. 11. Bidder/Buyer agrees that its purchase of a item shall be based relying entirely upon Bidder/Buyer’s own examination thereof. Bidder/Buyer acknowledges that all sales are final and "AS IS WHERE IS" without warranty of item history, condition, title, options, specifications, fitness for a particular purpose, and or merchantability unless otherwise agreed to in writing on a separate document and signed by an officer of Kruse. Bidder/Buyer accepts full responsibility and sole liability for the items purchased as of the fall of the hammer and agrees to reimburse Kruse and/or the Seller/Owner for any expenses resulting from moving, storing, and otherwise handling such item and assumes full responsibility and sole liability with respect to such item prior to release thereof to Bidder/Buyer and removal by Bidder/Buyer from the auction premises. 12. This Auction will move quickly. Kruse is not liable for missed internet bids. There is no guarantee that the item will not sell to a live bidder for less than your last entered bid due to internet traffic, and other uncontrollable delays. 13. You are advised to attend the auction in person to reduce the risk of missed bids, power outages, internet connectivity and other possible technology issues. Live auction bidders will receive preferential treatment for tie bids. All winning bids will be confirmed directly by Kruse. Notifications received through the eBay system will not be final nor binding until confirmed by Kruse. More items will be offered on-site than will be offered on-line. 14. All lots sold are subject to 20% buyer's premium. 15. Bidding approval can be gained via credit card authorization also. This means that if you desire to be approved to bid up to $50,000 you can provide Kruse with a credit card with a $50,000 or more limit and we will actually gain authorization for the desired credit limit. The credit card will not be used for payment which must be paid post-auction with one of the methods described in paragraph 3. If payment in the required form is not received, the credit card will be ran plus a hardship processing fee of 3% of the transaction.

Local Taxes Apply