Collectible Auction

For years, Curt D Johnson Auction Company has worked hard to develop a Christian reputation for honesty and fairness. We have tried to apply this same principle in preparing this particular sale. So that you might know what the limitations are for this sale, we have tried to clearly outline the conditions below, which will specifically indicate how various circumstances will be handled. If you have any questions regarding the terms and conditions please email us at david@curtdjohnson.com. Curt D Johnson Auction Company has strenuously researched 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 to determine the exact condition of each item. This also covers any major restoration or repair not described. Also we guarantee against fakes, reproductions or major fabrications. As outlined above, our guarantee is limited; however, it is almost unique in a business that operates “Caveat Emptor”. This is not a perfect system, however, and it is important for you to be aware of that. Our intention is to be as fair as possible in our descriptions but it is virtually impossible to adequately describe an antique or collectible item that has been used and shows signs of wear. If you are a discerning, highly particular customer, expecting mint or near mint condition, it is advisable that you never submit absentee bids here or at any auction house without seeing the item in person, since your definition of condition might be far more particular than what any cataloger would have time or space to specify. The entire purpose of our catalog description is to give our readers a general description and idea of what the lot is and we will stand behind that description regarding a major discrepancy only. If the discrepancy is less than a major discrepancy, under no circumstances would any adjustment or refund be made. Should the need arise; the auctioneer reserves the right to make verbal corrections and provide additional information from the block at the time of the sale. Absentee bids will not be executed on items that are found to be other than that listed in the catalog. Bill of sale or invoice 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. The only thing we guarantee is what is in print in the catalog and what is announced from the block at the time of sale. The guarantee does not apply to (a) property with a heading or description which includes the word or words "after", "attributed", "manor", "style", "school", "circle", “collection”, “bears signature”, or “complimentary signature”, (b) property listed under the heading or section “Decorative Arts” or “Fine Decorative Arts”, (c) lots with a low estimate of $500. or less, (d) lots offered without an estimate. Absolutely nothing discussed over the telephone or in person prior to the auction shall be construed as part of the guarantee. PLEASE NOTE: If you pay late and thus, receive your items late, it does not qualify for special privileges. The guarantee is null and void 15 business days after the auction. It is your responsibility to pay for and acquire your purchases in a timely fashion. All bidders and others attending this auction agree that they have read and fully understand these terms and agree to be bound thereby. All bidders are required to have a Bidder’s Number and must give us positive identification of driver’s license number, full name, address, and phone number. TIME LIMIT: For live bidders it is expected that you have examined the items before you purchased them and that as you pick them up, you will re-examine them one last time. If there is a problem regarding condition, it is expected that you would notify us immediately before leaving the auction facility. If you are an absentee bidder then it is your responsibility to examine the lot immediately upon receipt. If a major discrepancy should be discovered, it is your responsibility to contact us immediately. Please note: All guarantees and options for refunds or adjustment become null and void 15 days after the auction. We pay consignors on the 15th day. Once we have paid our consignors we no longer have control for the payment and under no circumstances can we consider any refunds. If you suspect that there is a major discrepancy or problem with authenticity of your lot, it is your responsibility to contact our office before the 15 days are up and let us know that you need some extra time. We can usually make arrangements to extend the guarantee for a few days if you personally advise us. Please note: If you pay late and thus, receive your items late, it does not qualify for special privileges. The guarantee is null and void 15 days after the auction. It is your responsibility to pay for and acquire your purchases in a timely fashion. So if there is a major discrepancy, you have time to notify our office. Please remember that if you call us 16 days after the auction, there is nothing we can do about a major discrepancy except apologize to you. If you want to be considered for an adjustment or refund, it is your responsibility to notify us with 14 days after the auction. LIMIT OF RESTITUTION: Under no circumstances will Curt D Johnson Auction Company or the auctioneer be responsible for lost profits or other financial damages. Refunds requested on the grounds of authenticity must be accompanied by at least a supporting written statement from an authority recognized by the auctioneers. Auctioneer will not be responsible for shipping costs, after auction appraisal fees, testing or any other post auction costs. If it is agreed that an item may be returned, it is the buyer’s responsibility to return it in the same condition as received. NOMINAL BIDS: The Auctioneer may reject nominal bids, small opening bids or very nominal advances made with purpose of disparaging an item. If a lot fails to open for 25% to 30% of the low estimate, the item may be passed from the block by the Auctioneer and may not be re-offered until a later sale. ABSENTEE BIDS: Phone, fax or mail bids, will be accepted with a 20% deposit. In such case, the bookkeeper will execute such bids competitively. It is entirely possible to buy items by absentee bid for less than your top bid price. Please note; Absentee bids are a service provided to our customers for a 10% absentee fee. Every effort is made to execute all absentee bids; however, you must know that this is not a perfect system either here or at any other auction house. In the event of an error of omission or failure to properly execute absentee bids, the auctioneer shall not be held liable. RESERVES: Some items in this auction may carry a conservative reserve. Therefore, the auctioneer may bid on behalf of the owner or for the auction house. The purchaser will be the highest bidder acknowledged by the auctioneer. Please note that when a lot carries a reserve, the reserve is usually somewhere below the low estimate in the catalog. Actual reserve figures cannot be divulged, but we will tell you if an item carries a reserve should you ask. The auction company reserves the right to reject any and all bids. The decision of the auctioneer shall be final and absolute. Some items of property may be offered subject to a “reserve” or confidential minimum price below which the item will not be sold. In such instances the auctioneer may implement the reserve by bidding on behalf of the consignor, house, owner or designated bidder TERMS: All items are to be paid for in American funds at the day of the auction. For Internet buyers items must be paid for within 10 days. Non-residents, who have not established an account with us and wish to pay by check, must do so prior to the beginning of the auction by presenting a current letter of reference from their bank or by providing references which are suitable to the auctioneer. Absentee Bidders - Directly after the auction a bill will be sent to you for the items you purchased and a total amount due. This bill is due upon presentation and must be paid immediately. The auctioneer reserves the right to hold merchandise purchased by personal check until the check has cleared the bank, if the auctioneer deems such action necessary to protect his interest. INTEREST AND DEFAULT: Payment is due upon receipt. Interest will be charged on all balances not paid at the rate of 1-1/2% monthly (18% APR) effective 15 days from the date of purchase/auction. Should the buyer not comply with any of the Conditions of Sale, the damage recoverable from the defaulter shall include any loss arising on the resale of the lot, together with the charges and expenses in respect of both sales. Curt D. Johnson Auction Company shall hold any money deposited in partial payment on account of any liability of the defaulted item. Customer is also liable for any legal fees incurred in the collection of this account ADDITION OR WITHDRAWAL: We reserve the right to withdraw from sale any of the items listed before sale and shall have no liability whatsoever for such a withdrawal. We also reserve the right, whenever in the best interest of the seller, to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. DISPUTE BETWEEN BIDDERS: If any dispute arises between two or more bidders, the auctioneer may decide the winning bidder or may immediately put the lot up for sale again, and resell to the highest bidder. The decision of the auctioneer shall be final and absolute. MANNER OF PAYMENT: All items are to be paid for in U.S. Dollars at the day of the auction. For internet buyers payment must be maid 10 days after the close of the auction. Payment can be made by Cash, Checks, or Verified Pay Pal, all subject to reporting requirements. Personal or corporate checks may be subject to clearing before delivery of the purchases. Payment is due upon closing of the auction session, or upon presentment of an invoice. The Auctioneer reserves the right to void a sale if payment in full of the invoice is not received at the close of the auction. All items must be paid for day of sale. All postage and charges will then need to be paid for at the time they occur and before the shipping process. If internet bids are not paid in full within this time period, non-paying bidder reports will be filed with eBay and item will be forfeited. SHIPPING: All property shall be paid for and removed from the premises by the Bidder at her/his own risk and expense within two weeks after the ending of the auction. If you are the successful bidder and are unable to attend the auction in person or pick up your item, we will pack and ship your item for you. The costs for shipping will be the actual charge plus a $10 per lot to cover transportation and handling from our facility to the shipper plus packing materials and cartons and labor as long as actual costs do not exceed the $10.00, if the cost due exceed the $10.00 additional charges will be necessary in this case only the actual charges will apply. All items will be insured for the purchase price, insurance charged at actual cost. Fragile items and purchases over $500 will be shipped by a professional packer and may result in higher shipping and packaging costs. We are not responsible for the acts or omissions in our packing or shipping for those of other carriers or packers whether or not recommended by us. Packing and handling of purchased property is at the entire risk of the purchaser. Insurance is available for most items. Curt D Johnson Auction Company will not insure or make insurance claims for glass, damage from glass, or for non-recommended frames or from damage from thereof. Our first priority is to deliver your new purchase in excellent condition. Any merchandise not removed by bidder may be moved and stored at bidder’s expense, resold at the next auction or disposed of in any other way Curt D Johnson deems to be suitable. Bidder shall have no claim to merchandise not removed by the above date. ABSENTEE BIDDERS: Directly after the auction a bill will be sent to you for the items you purchased and a total amount due. This bill is due upon presentation and must be paid immediately. The auctioneer reserves the right to hold merchandise purchased by personal check 10 business days until the check has cleared the bank, if the auctioneer deems such action necessary to protect his interest. COMPLIANCE WITH TERM OF SALE: In default payment of bills in full within the time herein specified, the auction company, in addition to all other remedied allowed by law, may retain all monies received as deposit or otherwise as liquidated damages. Lots not paid for and removed within the time specified herein may be resold at public or private sale without further notice, and deficiency, together will all expenses and charges of resale, will be charged to the defaulting purchaser. ADDITIONAL TERMS AND CONDITIONS: Any additional terms or conditions of sale may be announced prior to auction. REMOVAL: Removal shall be at the expense, liability, and risk of the purchaser. Purchases will be delivered only on presentation of paid bill. Auction Company shall not be responsible for goods not removed within the time specified, and shall have the option of removing and storing at the expense and risk of the purchaser any article purchased, but not paid for and removed in the specified time. Internet buyers pay all shipping and handling fees. NON-DELIVERY AND RESPONSIBILITY: Auction Company shall not, in any event, be liable from any matter of thing, including non-delivery to any purchaser of lot, other than for the return to the purchaser of the deposit or sum paid on said lot, should the purchaser be entitled to it. ALL SALES ARE FINAL: A title passes upon the fall of the Auctioneer’s hammer. When the auctioneer says “sold” title immediately passes to the successful bidder. It will then be the responsibility of the buyer to make full payment prior to removing the goods from the premises. It is both the buyer’s risk and expense for removal and must be made at the conclusion of the sale unless other arrangements are made with Curt D Johnson’s Operations Manager. Please note any lots we might make arrangements for moving or storing are solely at the risk of the owner and any damage or loss occurring after the fall of the hammer becomes that of the buyer. No claims will be allowed after goods are removed from premises. PERSONAL AND PROPERTY RISK: Persons attending during exhibition, sale or removal of goods assume all risk of or loss to person and property and specifically release the auctioneer, auction company and/or its agents from liability therefore. Neither the auctioneer nor his principal shall be liable by reason of any defect in condition of the premises on which the sale is held. EVERYONE ATTENDING THE AUCTION IS ENTITLED TO BID: The high bidder is the buyer. Curt D Johnson Auction Company generally uses the following internet bid increments: $1.- $49. by $5. $50. - $99 by $10. $100.- $500. by $25. $500.- $1000. by $50. $1000.- $2000. by $100. $2000.- $5000. by $250. $5000.- $10,000. by $500. $10,000.- $20,000. by $1000. $20,000.- $50,000. by $2500. $50,000.- $100,000. by $5000. PHONE BIDS: At the discretion of the auctioneer, phone bidding may be arranged on more expensive items, (i.e. $500 or more). In order to make arrangements to bid on the telephone at the time a lot is being sold, you must contact our office in advance of the auction. We will make arrangements to call you just prior to the lot being sold so that you may bid over the telephone. There are usually a limited number of phone lines available into the room, so if you wish to bid over the telephone, it is important for you to make your arrangements early. “Cover-me Bids”: No absentee bid system is perfect, there will always be some mistakes. Your best bet is to be present at the auction, however, if you can’t and you wish to bid by telephone, to help ensure your participation, you might want to consider a “cover-me bid” at the time you make arrangements for phone bidding. A “cover-me bid” allows your phone contact here at Curt D Johnson’s to still execute a bid for you even if they can’t get through to you on the telephone. Your phone agent is the only person who will have this bid and will only use it to bid in the event that he/she cannot reach you. Assuming you are reached via telephone, they would not use your bid and while you are on the phone you can bid greater or lesser than your “cover-me bid”. “Cover-me bids” are not mandatory, you can place one at your discretion, they are simply a safety device in the event you cannot be reached by telephone in time. AGENT RESPONSIBILITY: If you are registering or executing a bid for someone else under your number, please bear in mind that you are responsible for the settlement of that account with us regardless of whether the person you’re executing or registering for pays you or not. AGENCY: The auction company and auctioneer are acting as agent only and are not responsible for acts of their principals. DEFAULT ON PAYMENT: Should any purchaser/bidder fail to pay all sums due & owing to auctioneer at time of sale, then purchaser/bidder agrees to pay in addition to principal sum owing 1.5% per month interest compounded monthly on said unpaid principal balance due and accrued interest. In addition, purchaser/bidder agrees to pay in addition to the above all necessary collection costs and reasonable attorney fees incurred by Curt D Johnson Auction Company whether or not a lawsuit is started. Collection costs include all court costs, service costs, investigation costs, title search and all other costs incidental to either collecting the sums owed to Curt D Johnson Auction Company or securing the return of property in question. BUYERS PREMIUM: A 20% buyer’s premium will be in effect for all items purchased online. This percentage covers eBay listing fees and merchant (PayPal) fees. LEGAL DISPUTE: Any legal disputes arising from this auction shall be settled in the court system in the State of North Dakota. ACCEPTANCE OF CONDITIONS: Bidding on article(s) indicates your acceptance of all of the above terms. NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS.

Local Taxes Apply