MAGIC: Marketplace Auction

TERMS AND CONDITIONS OF SALE These CONDITIONS OF SALE, and the LIMITED WARRANTY and ADVICE TO PROSPECTIVE BIDDERS set forth elsewhere in these terms and conditons are the complete and only terms and conditions on which all property is offered for sale. By bidding at auction (whether present in person or by agent, by written or telephone bid, or by any other means) including, but not limited to on-line bidding, the buyer agrees to be bound by these Conditions of Sale. 1. REGISTRATION All bidders must register their name, permanent street address (no P.O. Boxes), and telephone number prior to the auction. Unless known to Potter Auctions, all registrants are required to present two forms of identification, at least one of which must include a current photograph. Bidders may be required to present a valid Visa or MasterCard. 2. ACCEPTANCE OF TERMS Bidding on any item, whether in person, by phone, by absentee bid or via a live internet auction indicates the bidder's agreement to be bound by these Terms and Conditions for Bidders. The rights and obligations of the parties shall be governed by the laws of the state of Illinois. All bidders submit to the personal jurisdiction of the state and federal courts in Illinois. 3. TERMS OF SALE Announcements made the day of auction take precedence over any previous communication. The auctioneer reserves the right to withdraw any lot at any time before its final sale and to reject any bid for any reason. The highest bidder for each lot acknowledged by the auctioneer shall be the "buyer". If any dispute arises as to any bidding, or between two or more bidders, at the sole discretion of the auctioneer, the successful bidder will be determined. 4. THE AUTHENTICITY OF PROPERTY LISTED IN THIS CATALOGUE IS WARRANTED TO THE EXTENT STATED IN THE "LIMITED WARRANTY." EXCEPT AS PROVIDED THEREIN, ALL PROPERTY IS SOLD "AS IS" AND "WITH FAULT." THE JAY MARSHALL TRUST AS CONSIGNOR, AND POTTER AND POTTER AUCTIONS, INC. AND ITS RETAINED AUCTIONEER, (HEREINAFTER "CONSIGNOR" "POTTER AUCTIONS" AND "AUCTIONEER" RESPECTIVELY) MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY OR ITS VALUE, AND IN NO EVENT SHALL THEY BE RESPONSIBLE FOR CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE, AUTHENTICITY, AUTHORSHIP, COMPLETENESS, CONDITION OF THE PROPERTY OR ESTIMATE OF VALUE. NO STATEMENT (ORAL OR WRITTEN) IN THE CATALOGUE, AT THE SALE, OR ELSEWHERE SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION, OR ANY ASSUMPTION OF RESPONSIBILITY. THE BUYER IS MAKING ANY PURCHASE AFTER AND IN RELIANCE UPON HIS OR HER FULL AND COMPLETE EXAMINATION OF THE GOODS PERSONALLY OR BY HIS OR HER AGENT, AND NOT BY REASON OF ANY REPRESENTATION OF THEIR MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, SPECIFIC ATTRIBUTES OR OTHERWISE, MADE BY OR ON BEHALF OF THE CONSIGNOR, POTTER AUCTIONS OR THE AUCTIONEER. 5. THE CONSIGNOR, POTTER AUCTIONS AND AUCTIONEER MAKE NO REPRESENTATION THAT THE PURCHASER OF MANUSCRIPT MATERIAL, PHOTOGRAPHS, PRINTS, OR WORKS OF ART WILL ACQUIRE ANY COPYRIGHT OR REPRODUCTION RIGHTS THERETO. 6. All bids are to be per lot as numbered in the auction catalogue. 7. The CONSIGNOR, POTTER AUCTIONS AND AUCTIONEER reserve the absolute right (a) to withdraw any property at any time before its actual final sale, including during the bidding, and (b) to refuse any bid from any bidder. The AUCTIONEER is the sole judge as to the amount to be advanced by each succeeding bid. 8. Any right of the purchaser under this agreement or under the law shall not be assignable and shall be enforceable only by the original purchaser and not by any subsequent owner or any person who shall subsequently acquire any interest. No purchaser shall be entitled to any remedy, relief or damages beyond return of the property, rescission of the sale and refund of the purchase price; and without limitation, no purchaser shall be entitled to damages of any kind. 9. The highest bidder acknowledged by the AUCTIONEER shall be the purchaser. In the event of any dispute between bidders, the AUCTIONEER shall have the absolute discretion either to determine the successful bidder or to re offer and resell the lot in dispute. If any dispute arises after the sale, POTTER AUCTIONS' sales records shall be conclusive as to the purchaser, amount of highest bid, and in all other respects. 10. The purchase price paid by a purchaser shall be the sum of the final bid and a buyer's premium of twenty percent (20%) of the final bid on each lot ("The Buyer's Premium"). Any on-line purchaser shall pay an additional two point five percent (2.5%) of the final bid on each lot in addition to the Buyer's Premium ("Online Premium"). 11. On the fall of the AUCTIONEER'S hammer, title to the offered lot or article will pass to the highest acknowledged bidder, who thereupon (a) immediately assumes full risk and responsibility therefore, (b) and will immediately but no later than the conclusion of the auction pay the full purchase price therefore. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to the CONSIGNOR, POTTER AUCTIONS AND AUCTIONEER by law (including without limitation the right to hold the purchaser liable for the bid price), POTTER AUCTIONS, at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or (b) resell the property, either publicly or privately, for the account and risk of the purchaser, and in such event the purchaser shall be liable for the payment of all deficiencies plus all costs, including warehousing, the expenses of both sales, and the POTTER AUCTIONS' commission at its regular rates and all other charges due hereunder. POTTER AUCTIONS may also impose late charges of one and one-half (1.5%) per month (or the highest rate allowed under applicable law, whichever is lower) on any amounts unpaid. 12. All property shall be removed by the purchaser at his/her own expense immediately after the sale, and if not so removed may, at POTTER AUCTIONS' option, be sent to a public warehouse at the account, risk and expense of the purchaser. Whether sent to a warehouse or stored by POTTER AUCTIONS, the purchaser shall be liable for all actual expenses incurred plus a storage charge of five percent (5%) of the purchase price. Online purchasers shall have 3 days within which to make payment for their purchased lots and no storage fee shall for charged should payment be made promptly, as indicated herein. 13. Any Purchaser who purchases the property by the on-line auction option (eBay Live) or absentee bid shall pay an additional charge for the cost of packing, shipping and insurance. No goods shall be shipped until such payment has been made. CONDITIONS OF SALE 1. Except as noted in this paragraph, all lots in this sale are offered for the account of a third party, without any interest (direct or indirect) of POTTER AUCTIONS. 2. Except as may be otherwise expressly provided herein by the limited warranty, any and all claims of a purchaser shall be deemed to be waived and without validity unless delivered in writing by registered mail return receipt requested to POTTER AUCTIONS within thirty (30) days of the date of sale. 3. The rights and obligations of the parties shall be governed by the laws of the State of Illinois. All bidders and purchasers submit to the personal jurisdiction of the Illinois State courts and their rules and procedures in the event of any dispute. 4. No waiver or alteration of any of these Conditions of Sale, the Advice to Prospective Bidders, the Limited Warranty, the estimates, or any other matter in this catalogue or any other matter whatever, whether made by AUCTIONEER, POTTER AUCTIONS OR THE CONSIGNOR shall be effective unless it is in writing and signed by a representative of POTTER AUCTIONS. 5. THE "LIMITED WARRANTY" APPEARING BELOW AND THE "ADVICE TO PROSPECTIVE BIDDERS." LIMITED WARRANTY The CONSIGNOR AND POTTER AUCTIONS warrant the authenticity of each lot catalogued herein on the terms and conditions set forth below. 1. Unless otherwise indicated in the respective catalogue descriptions (which are subject to amendment by oral or written notices or announcements made by the AUCTIONEER prior to sale). 2. With respect to autograph material, letters, historic documents, literary and other manuscripts, inscribed books and signed photographs, books, and any other works not included in (a) above, unless physical inspection would reveal self-evident lack of authenticity, the CONSIGNOR warrants for a period of THIRTY (30) days from the date of sale the authenticity of each lot catalogued, provided that the claim under the foregoing warranty is made to POTTER AUCTIONS within FIFTEEN (15) days of the sale. Otherwise the claim under this warranty is deemed waived. 3. Serial publications, books in original parts, extra-illustrated books, made up "albums" and lots described as "sold as is," "sold not subject to return," "not collated," "collection of" or "group of," and ANY lot containing more than three (3) items, are sold "AS IS" and "WITH FAULT" and therefore not covered by these warranties. 4. The benefits of these warranties are not assignable and are applicable only to the original buyer of the lot, and are conditioned on the buyer returning the lot in the same condition as at time of sale and in the time period specified. 5. The buyer's sole remedy under these warranties shall be the rescission of the sale and refund of the original purchase price paid for the item. This remedy shall be exclusive and in lieu of any other remedy which might otherwise be available to the buyer as a matter of law. 6. With respect to autograph material (see Paragraph 1.a. above), or any print or drawing: in the event that a buyer claims that an item is not authentic, POTTER AUCTIONS shall have no obligation to rescind the sale unless the buyer has obtained, at the buyer's expense, the opinion of two recognized experts in the field, who are mutually agreeable to POTTER AUCTIONS and the buyer, that a lot is not authentic. ADVICE TO PROSPECTIVE BIDDERS 1. ALL PROPERTY IS SOLD SUBJECT TO THIS ADVICE, THE CONDITIONS OF SALE, AND TERMS OF WARRANTY PRINTED IN THE CATALOGUE. 2. Inspection of Property. Prospective bidders or their agents are strongly advised to personally inspect property prior to the auction. All lots are sold "AS IS" and "WITH FAULT" without recourse to the AUCTIONEER, CONSIGNOR, OR POTTER AUCTIONS. A limited warranty provision is provided in the Terms and Condition of Sale. 3. Negation of Express Warranties or Intent to Warrant by Description. Buyer agrees that there have been no affirmations of fact or promises made by POTTER AUCTIONS, THE AUCTIONEER, OR THE CONSIGNOR relating to any lot or lots and becoming part of the basis of the bargain other than those affirmations and promises expressly set forth herein. 4. Buyer's Premium. The purchase price payable on any lot purchased will be the total of the final bid plus the Buyer's Premium as defined in paragraph 7 of the Conditions of Sale, plus all applicable sales taxes. 5. Bidding Increments. Expected bid increments are as follows: Minimum Value Maximum Value Expected Bid Increment from $0.00 to $29.00 $5.00 from $30.00 to $99.00 $10.00 from $100.00 to $499.00 $25.00 from $500.00 to $999.00 $50.00 from $1,000.00 to $1,999.00 $100.00 from $2,000.00 to $5,999.00 $200.00 from $6,000.00 to $9,999.00 $500.00 from $10,000.00 to $19,999.00 $1,000.00 from $20,000.00 to $49,999.00 $2,000.00 from $50,000.00 and above 10% of the current bid However, the auctioneer may modify the increments at any time. 6. Reserves. All lots are subject to a reserve, which is the confidential minimum price agreed to with the CONSIGNOR below which the lot will not be sold. The reserve will never be higher than the low pre-sale estimate, and will never be lower than half the low estimate. The AUCTIONEER may implement such reserve by opening the bidding and may bid up to the amount of the reserve by placing successive or consecutive bids for a lot in response to other bidders. 7. Estimates. The estimates provided are intended as a guide to bidding. The figures are educated guesses, based on recent values. A bid between the listed figures would, in our opinion, have a chance of success (at the time the catalogue was prepared). The estimates are exclusive of the buyer's premium, and may be revised at any time prior to the auction. 8. Bidding. All persons attending the auction must register with the POTTER AUCTIONS and obtain a bidding number prior to bidding. If bids cannot be made in person or by an agent, they may be made by mail, fax, e-mail, telephone or on-line and such bids will be executed without expense to the bidder, except as otherwise indicated. All persons bidding through the internet must register as indicated in paragraph 1 of these Terms and Conditions. 9. Absentee Bids will be executed by the AUCTIONEER on the bidder's behalf in competition with other on-line bids, absentee bids and bidding in the room. Every effort will be made to carry out the bidder's instructions, but POTTER AUCTIONS and the AUCTIONEER shall in no event be responsible for failing correctly to carry out instructions, and the AUCTIONEER reserves the right to decline to undertake such bids. ALL bids must be made in U.S. dollars. 10. Removal of Property. All lots purchased shall be removed at the purchaser's risk and expense immediately following the sale. Purchases not so removed will be treated as set forth in paragraph 9 of the Conditions of Sale. 11. Shipment. Upon request, POTTER AUCTIONS will facilitate the shipping of purchases to out-of-town or on-line purchasers at an additional charge for packing, shipping and insurance, but will not be responsible for any loss, damage or delay resulting from the packing, handling and shipping thereof. Unless specific instructions are received, POTTER AUCTIONS is the sole judge of the method to be used for shipment. 12. Prices Realized. A list of prices realized will be published subsequent to the sale. The Prices Realized will be made available on line . 13. Lots not Returnable. Paragraph 3 of the Limited Warranty describes lots which are sold "AS IS" and "WITH FAULT" and not returnable. Books, manuscripts, prints, drawings, photographs, signatures, or any other property offered in a lot comprising more than 3 items, whether or not such items are individually named, constitute "Grouped Lots. Such "Grouped Lots" are not subject to return for any reason. Important information Buyer Premium 20% for in person , telephone, or absentee buyers (through regular mail or email). 22.5% for on-line buyers. Online bidding This sale will be a live auction with real time bidding on ebay. Any absentee bids left on ebay will be executed when the lot comes up for sale. Absentee bids will be executed competitively for this session, just as they are for other live auctions and lots will come up in lot number order, just as they do in other live auctions. Additional Notes to eBay bidders Notes to eBay bidders: This item will be sold in a live auction. These notes address questions asked or problems encountered by online bidders. For our full terms & conditions, see the other box. Posted sale time: The sale times for live auctions only refer to the date of the sale: for example, if the sale end time is 8:00pm PST, it does not mean you have until then to bid; the item will sell whenever the lot comes up on the auction floor. You may bid at any time once this item has been posted on the online catalog viewable through eBay. The auction will commence promptly at 9 a.m. on the day scheduled and it is possible that all lots will be sold by 3:00 p.m. EST (noon PST). Additional information about a lot: If you need additional information for a lot, please make your request as early as possible before the sale. This auction will be conducted in Louisville, Kentucky, and items will be moved to the auction site several days before the sale. They may not be available to take additional photographs, measurements for the week preceding the auction date. We cannot take photos or answer questions 24 hours before a sale begins, even if the item comes up in a later session. Estimating shipping costs before the sale: We cannot estimate shipping on large or heavy items. We can sometimes give you a "ball park" estimate for small items shipped to U.S. addresses, although final costs are also dependent on insurance costs, which are in turn dependent on sale price. International estimates are a bit more difficult. International bidders: We can ship smaller items to many countries around the world, but we have had problems with others. If you register from one of these "problem areas," we will try to notify you that we have had problems there, and bidding will be at your own risk. If we ship an item and it does not arrive, we will not refund your purchase amount. POTTER AUCTIONS will not insure any package shipped to any location other than within the continental United States or Canada. Most common carriers (UPS, Federal Express, USPS) will not make full restitution for damages or loss. For this reason Potter Auctions recommends that successful international buyers secure their own insurance. For Customs purposes, international buyers should be aware that Potter Auctions will NOT declare less than the full purchase price of any lot. We can mark the antiques as 100+ years old (if it is). Please do not ask us to break the law! Registration: Please register to bid well before the start of the sale. You must be approved before you can leave an absentee bid on eBay. We have a manual approval process, so it generally takes at least a day to finalize your registration. This means there is a human involved, it is not automated. Once the sale begins, we may not be able to approve your registration. The human also has to sleep, and cannot approve your registration in the middle of the night (EST). The computer platform also changes when the sale begins, and registration often slows significantly when we do try to register bidders. Bid Priority: If you leave an absentee bid on eBay, eBay will execute the bids in the order received. The earliest bid entered is executed first and will "block" any live bidders trying to bid during the sale until the maximum bid amount is reached. The eBay priority does not apply to floor bidders. What does happen on occasion is that a lot will sell to a floor bidder for the amount left by an eBay bidder. This is usually just the "luck of the draw." For example, you leave a bid of $300 for an item: the bidding opens at $225 and your online bid is recognized by the auctioneer; the floor advances to $250; your online bid is recognized at $275; the floor bids $300. The floor bidder takes the lot since eBay cannot advance to $325 on your behalf, and you cannot bid $300 because you would be bidding against your $275 bid. (Technically, you did not bid $300, even though you left that as the maximum; only $275 was bid on your behalf.) That is, just because you left a bid of, say, $300 two weeks before the sale does not mean you get the lot because your bid was earlier. You are bidding against other people in a live auction. This does not mean we "discriminate" against online bidders. In addition, eBay does not let us see the amount of an absentee bid. We know a bid has been left, but not how much, so we cannot be aware of your maximum. Nor can we "fix" the bidding so that eBay bidders do not win the lot (we sell too fast to do this, anyway). Besides, if a lot sells for, say, $200, why should we care whether it sells to someone on eBay or someone on the floor? $200 is $200. Invoices: We will send invoices for the entire sale within three days after the end of the entire auction. If you purchased an item early in the auction, you will need to wait until the entire sale is completed before we compile invoices. We are going back to snail mail since many email servers are blocking all business email addresses in an attempt to block spam. Please let us know if you do not receive one after a week or so. We can fax, email or re-send the invoice. It takes a few days to calculate shipping, and often bidders are successful on multiple lots. We combine these on the invoice and do our best to combine shipping charges, also, to save buyers a bit of shipping expense. (We may have to ship items separately because of size, shape or fragility, however.) Shipping: Please allow at least 14 to 21 days after payment for us to ship your lot. Of course we will try to get items to you sooner, but we cannot guarantee immediate delivery, as we must transport the lots back to Illinois, etc. Feedback: We will make every attempt to leave feedback, but with a large sale we may have over a hundred successful eBay bidders and several hundred lots to leave feedback on. We may not be able to do it the day you pay for your lot, but we try to get to it within the allotted 90 days. Condition Reports and Photo Requests Condition reports are a courtesy of the auction house and are answered in the order they are received. We will make every effort to respond within 24 - 48 hours of receipt. As such, it is suggested that all requests are submitted at least 48 hours prior to the sale to allow time for the house to respond and for bids to subsequently be entered. Potter makes every effort to be fair and conscientious with descriptions and condition reports; however, potential bidders must acknowledge that antiquarian items often show normal signs of use and wear, which might not be specified in a condition report. Additionally, a lack of a condition report does not imply that the lot is in perfect condition, or completely free from wear and tear, imperfections, or the effects of aging. If you are a very particular client with expectations of perfection for the items you purchase, it is advisable that you inspect items in person. Shipping Buyer Pays all shipping and packing costs. Payment We do have a PayPal account. We can also accept checks, money orders, MC and American Express, Discover and Visa. Taxes Local Taxes Apply. If you are a Kentucky resident, please advise if you have a resale license. Contract Your bid is a contract. Place a bid only if you're serious about buying the item. If you are the successful and winning bidder, you have entered into a legally binding contract to purchase the property bid on from the seller. You should contact the seller to resolve any questions before bidding.

All property subject to sales tax shall be so treated and buyer shall pay same upon receipt of invoice. A sales tax exemption shall be presented and be on file with Potter and Potter for any bidder claiming such for the state in which the auction is held.