September 8, 2012 Estate Auction

GALLERY 34 ANTIQUES & AUCTIONS 300 Roosevelt Dr., Derby, CT Ph: (203) 751-9709 Fax: (203) 751-9710 e-mail: auctions@gallery34antiques.com TERMS AND CONDITIONS CONTRACT It is REQUIRED for all bidders to read, understand and abide by the conditions set forth in this terms and conditions contract in order to be approved to bid in auctions conducted by Gallery 34 Antiques and Auctions. 1. BIDDER: The words “bidder”, “purchaser”, and “buyer” in this terms and conditions contract refer to each bidder. Each bidder is separately liable under this document. 2. GALLERY 34 ANTIQUES & AUCTIONS: The words “Gallery 34 Antiques and Auctions” and “auctioneer” in this terms and conditions contract refer to the auctioneer, and/or all employees of Gallery 34 Antiques and Auctions. 3. IDENTIFICATION REQUIREMENT OF BIDDER AND BIDDER RESPONSIBILITIES: Each bidder is required to provide his or her full name, address, telephone number, driver’s license number, driver’s license state of issue and credit card (if using this payment type). The bidder is responsible for his or her actions and for knowing which item is currently up for auction. It is the responsibility of the bidder to inquire if he or she is unsure on which item is up for auction. The winning bidder fully understands that at the time that he or she wins the current item up for auction, he or she is expected to pay for items won, due to the fact that he or she has created a contract with Gallery 34 Antiques & Auctions at the time of sale. The auctioneer is unable to honor "mistakes". The bidder is required to inspect all items before purchase. 4. AUCTIONEER RIGHTS AND RESPONSIBILITIES: The auctioneer will use his or her skill and professional knowledge to the best advantage of both parties, (bidder and auctioneer) in preparing for and conducting the auctioning of an item. The auctioneer reserves the right to reject any bid of any person whose conduct or actions adversely affects the climate of the auction. Additionally, the auctioneer reserves the right to accept bids in any increments he or she feels is in the best interest to the seller or to Gallery 34 Antiques & Auctions. 5. TIME & MANNER OF PAYMENT: Before leaving the premises, the bidder agrees to pay for, in full, all bills of sale that they owe to Gallery 34 Antiques and Auctions. Online buyers are required to pay within 7 days of the auction date. In addition, items are not able to be removed from the premises until paid for in full. Gallery 34 Antiques and Auctions accepts cash in person only, as well as approved checks, Visa, MasterCard, Discover and American Express. There is a $35.00 charge for any check presented to Gallery 34 Antiques and Auctions and then returned by the bidder’s bank for any reason. In addition, the bidder understands that if he or she chooses to pay for items with a check, and if the payment of said check is stopped or returned by the maker’s or their bank, that the transaction will be termed fraudulent and the necessary litigation expenses will be assessed to the check maker. The buyer’s premium assessed for bidders is 18% for all credit card transactions. Additionally, a 15% buyer’s premium is charged for all check and cash transactions. 6. TIME AND MANNER OF PAYMENT- ONLINE BUYERS: An 18% buyer’s premium will be assessed for all online transactions. Payments should be made within seven days of the date of the auction. If after 10 days, the bidder has not contacted Gallery 34 Antiques and Auctions to make arrangements for shipping and payment, Gallery 34 Antiques and Auctions reserves the right to cancel the sale and leave negative feedback with LiveAuctioneers.com. IT IS VERY IMPORTANT FOR THE BIDDER TO MAKE CONTACT WITH GALLERY 34 ANTIQUES AND AUCTIONS AFTER WINNING AN ITEM IN A TIMELY FASHION, (one business day is preferred). Only after making full payment for items won, will the item will be released for shipping to the bidder. 7. SHIPPING OF ITEMS WON BY BIDDERS: If shipping is required, the winning bidder is responsible for ALL SHIPPING, INSURANCE, PACKAGING, DELIVERY CONFIRMATION costs, and any EXTRANEOUS COST that is required to ship an item that is won by the bidder to the bidder. An invoice will be provided to the bidder in a timely manner by Gallery 34 Antiques and Auctions if shipping charges change unexpectedly. It is the bidder’s responsibility to provide an address to Gallery 34 Antiques and Auctions that is in good standing. Post Office Boxes are not an acceptable means to ship an item to the bidder. All items must be paid for within seven days of the end of the auction date. If after 10 days, the bidder has not contacted the auctioneer to make arrangements for shipping, Gallery 34 Antiques and Auctions reserves the right to cancel the sale. 8. DISPUTES: After each item is sold, the auctioneer shall designate the winning bidder. The auctioneer reserves the right, for any reason, to reopen the bidding if a dispute arises. The decision of the auctioneer is final and absolute. The records of sale kept by Gallery 34 Antiques and Auctions will be taken as final in the event of dispute, in any case in the past, present or future. 9. CONDITION OF ITEMS SOLD: Every item that is sold by the auctioneer is sold as is, where is, with all faults. It is the responsibility of the bidder to examine each item in person prior to placing a bid. Every description provided with every item is presumed to be correct to the best of the knowledge of the employees of Gallery 34 Antiques and Auctions. However, descriptions or any oral statements made by the Gallery 34 Antiques and Auctions and/or their employees concerning any item shall not be construed as a guarantee, either expressed or implied. If a bidder places a bid on an item, the bid placed by the bidder will signify that he or she has examined the items as fully as he or she desires, or that he or she has chosen not to examine them. With placing a bid, the bidder accepts the item as is, where is. The bidder relies solely on his or her own information and inspection. Gallery 34 Antiques and Auctions recommends prospective bidders to examine all items in which they have an interest, and pose any questions via phone call or email. If the bidder requires absolute certainty in all areas of authenticity, and the results of the bidder’s evaluation leave uncertainty, Gallery 34 Antiques and Auctions recommends that the bidder not bid on the item in question, and call or email for clarification, BEFORE PLACING A BID. Gallery 34 Antiques and Auctions does not give refunds, for any reason. At the final sale of an item, the winning bidder becomes the owner of the item. The auctioneer is not responsible for error, and all sales are final. Gallery 34 Antiques and Auctions’ printed materials (i.e. Internet Advertisements, Advertisements, Catalogs, Internet Catalogs, and all other forms of documentation) are meant as a guide, not a guarantee. It is the responsibility of the bidder to determine condition, authenticity and/or genuineness BEFORE the bidder places a bid, as all items are sold "AS IS, WHERE IS." 10. COMPLIANCE WITH TERMS OF THE SALE: In default of payment within the time specified above (seven days), Gallery 34 Antiques and Auctions, in addition to all other remedies allowed by law, may retain any and all forms of monetary payment received as deposit or otherwise as liquidated damages. Items purchased and not removed in the time specified above (seven days) may be resold at public or private sale without further notice, and deficiency, together with all expenses and charges of re-sale, will be charged to the defaulting purchaser/bidder. 11. REMOVAL OF ITEMS WON: It is the responsibility of the bidder to ensure the removal of items won by him or her. The removal shall be at the liability, expense, and risk of the bidder. Gallery 34 Antiques and Auctions shall not be responsible for delivery and reserves the right to hold purchases pending check clearance. 12. REMOVAL – ONLINE BIDDERS: Removal is at bidder's expense and arrangements need to be made within a reasonable time frame (10 days from auction date). If shipping of an item is required, the bidder understands that he or she must make full payment for items won, and only after full payment is received, will the item will be released for shipping to the bidder. Additionally, items over the weight of 15 pounds will be for pickup only. The weight of an item is left at the sole discretion of Gallery 34 Antiques and Auctions to determine. 13. CLAIMS: The winning bidder of an item understands that no claims are allowed after goods are removed from premises. 14. PERSONAL AND PROPERTY RISK: Persons and bidders present at the auction, sale or removal of goods assume all risks of damage or loss to person or property. Additionally, persons and bidders present at the auction, sale or removal of goods specifically release the auctioneer, Gallery 34 Antiques and Auctions, and it’s employees from any and all liability from mishaps, accidents, misfortunes, misadventures, and disasters incurred during aforementioned times. Moreover, persons and bidders present at the auction, sale or removal of goods understand that there are inherent and other risks. Persons and bidders present at the auction, sale or removal of goods acknowledge that some activities to remove items are strenuous and dangerous and require a certain degree of physical condition, ability, maturity, and skill. Persons and bidders present at the auction, sale or removal of goods acknowledge that they are solely responsible for determining their suitability to participate in such activities. Persons and bidders present at the auction, sale or removal of goods ascertain that the requisite skills, qualifications, physical and mental ability, and training necessary to properly and safely participate in the removal of items are had by all parties mentioned above. Persons and bidders present at the auction, sale or removal of goods share responsibility for their (his/her) safety and will follow instructions, make reasonable decisions, and act responsibly. Gallery 34 Antiques and Auctions cannot ensure persons and bidders present at the auction, sale or removal of goods will act safely. As persons and bidders present at the auction, sale or removal of goods, they choose to voluntarily participate in order to remove owned items despite all risks and assume all inherent and other risks and accept responsibility for any property damage and loss, and for any personal injury, illness, disability, emotional distress, and death that they may suffer, whether described above or not. 15. LIMITED WARRANTY : Gallery 34 Antiques and Auctions exercises professional skills in describing the items listed for auction and uses its very best judgment in determining authorship. However, neither Gallery 34 Antiques and Auctions, its employees, the consignor, and/or the seller make any express or implied warranty as to such authorship. 16. STORAGE: If an item remains on the premises of Gallery 34 Antiques and Auctions after 14 days, Gallery 34 Antiques and Auctions reserves the right to charge $ 3.00 per day until the item is removed, provided the bidder has contacted Gallery 34 Antiques and Auctions with intentions to remove items that have been won by the bidder and already paid for. 17. SUMMARY: After having read, completely and thoroughly, the contact set forth above, and by placing a bid on an item for sale by Gallery 34 Antiques and Auctions, the bidder fully understands and agrees to the terms of this contract, and assumes full responsibility for any and all purchases as is, where is, without recourse for any reason, including any items left overnight, for pickup, as set forth by the terms above. The bidder/purchaser or his or her agents further hold harmless and release the auctioneers, owners of the rented auction facility, their heirs or assigns, from any and all claims, whatsoever, resulting from purchases at Gallery 34 Antiques and Auctions, forever. The bidder/purchaser/agents further agree that in the event of Gallery 34 Antiques and Auctions honors a check as payment, and if the payment of said check is stopped or returned by the maker’s or their bank, that the transaction will be termed fraudulent and the necessary litigation expenses will be assessed to the check maker.

Local Taxes Apply