Mettlach, Southern Pottery & Baskets, Etc.

**Bidding on an item indicates your understanding and acceptance of the Buyer’s Terms & Conditions of Sale.** The following as amended by any posted notices or oral announcements during the sale, constitutes the entire terms and conditions on which personal property shall be offered for sale or sold through Jack Eubanks Auctions, LLC (the “Company”), for any consignor of such property for whom we act as agent. All items are sold “AS IS, WHERE IS, WITH ALL FAULTS (KNOWN OR UNKNOWN)” and WITHOUT GUARANTEE OR WARRANTY OF ANY KIND. You purchase items on your expertise, not ours. Written and oral descriptions are our opinion and should in no way be construed as a guarantee of any kind. Sizes, weights, measurements are approximate. There is ample time to preview for your careful inspection. Bidding on an item will indicate that you have inspected the item(s) to your satisfaction, or that you have chosen not to inspect the item(s). If there are any doubts whatsoever in your mind regarding the age, condition, or any other feature of any item(s) offered, we recommend that you DO NOT BID on the item(s). ALL SALES ARE FINAL, there are NO REFUNDS. No statement, written or oral, made by the Company prior to or during the sale shall be deemed to express any warranty, representation, or assumption of responsibility/liability by the Company or any seller represented by the Company. As used herein the term “bid price” means the price at which a lot is knocked down to the purchaser and the term “purchase price” means the aggregate of (a) the bid price (b) a *buyer’s premium, and (c) unless the purchaser is exempt by law from the payment thereof, any North Carolina state or local taxes. A “Certificate of Resale” must be completed and received prior to time of purchase. The balance of purchase price must be paid on auction day. *Buyer’s Premium applied to all bids: Bidding In-House Live/Absentee 10%...Cash, check or wire transfer 13%...Cash, check or wire transfer Bidding Internet/Live Internet or Telephone 13%...MasterCard or Visa credit card 16%...MasterCard or Visa credit card Accepted forms of payment (USD) include cash, approved check, wire transfer, or MasterCard/Visa. All checks are subject to verification. We reserve the right to (a) hold purchases until check clears, (b) require bank checks, or wire transfer, for large purchases, and (c) at the Company’s discretion, require cash or bank checks for the purchase of oriental rugs. Buyers not known to us must provide a “Bank Letter of Guarantee”, current bank statement, or similar proof of credit. Credit arrangements must be made prior to the day of the auction. If your bank, for any reason, returns a check, a twenty-five dollar ($25) processing fee will be charged PLUS any expenses incurred in the collection of the returned check. All lots require a $25 opening bid. If a lot is offered subject to a higher minimum opening bid, that higher minimum will be advertised and included with the description of the item(s). General guidelines regarding bidding increments: $25-50..........$5 increments $50-250........$10 increments $250-500.......$25 increments $500-1,000.....$50 increments $1,000-3,000..$100 increments Above $3,000...Auctioneer’s Discretion The auctioneer is the sole judge in the event of a disputed bid. The auctioneer may reopen bidding at his discretion either to determine the successful bidder or to re-offer and resell the lot in dispute. The company reserves the right to reject a bid from any bidder. The highest/successful bidder acknowledged by the auctioneer shall be the purchaser and thereupon assumes full risk and responsibility and will pay full purchase price for the said lot. If any dispute arises after the sale, the Company’s sales records shall be conclusive in all respects. If an item is withdrawn from the auction, it will be offered again only at the auctioneer’s discretion. In the event that the buyer of any lot fails to pay the purchase price thereof when due, the Company shall have the option, at its sole discretion, to (a) enforce payment by civil action or other proceedings against the buyer; (b) to void the sale as if said sale had not occurred; or (c) to exercise any other remedy or remedies available under law, including but not limited to a second sale of said item (at 25% commission), including the subsequent enforcement of any deficiency against the initial buyer. Absolutely no items may be removed without a paid invoice. The purchaser should remove all items on the day of the auction and no later than 4PM the day after the auction. The Company is not liable for any damage to items after they have been sold. A storage fee of $5 per day (per item) will be assessed for any items remaining in the custody of the Company by the close of business of the tenth day following the auction (no exceptions). Absentee, telephone & live internet bidding is available. The Company should receive all (in-house) telephone and absentee bids, secured with a VALID MasterCard/Visa credit card number or a 25% deposit, no later than 6PM on the day prior to the auction. We cannot guarantee the implementation of bids received after that time and assume no responsibility for failure to execute any bid(s) for any reason whatsoever. Arrangements for bidding should be made as early as possible. Telephone bidding will be taken at the discretion of the Company. A telephone bid constitutes an opening bid of $100 or the published minimum opening bid, whichever is greater. An absentee bid constitutes a minimum opening bid of $25, unless bidder opts to enter a higher opening bid. Once a bid is placed, it cannot be changed or withdrawn after 6PM the day prior to the auction, due to processing time. The balance of the purchase price will be charged out (credit card) on auction day unless prior arrangements have been made. Payment with cash, wire transfer, or approved check for successful absentee/telephone bids is required within five (5) days of the auction. See Absentee and Telephone Bidding (instructions and form) at our website for additional information. Any auction where internet bidding or live real-time internet bidding is utilized, the Company assumes no responsibility for failure to execute any bid(s) for any reason whatsoever. Shipping: Packing & shipping will be handled by The UPS Store #3439, 102 College Station Drive, Brevard, NC 28712, telephone 828-883-4701. Allow 7-10 days after payment is received for items to be released to The UPS Store #3439. We do not provide shipping estimates. We can assist buyers in making shipping arrangements by furnishing information on packers and shippers. Handling of purchased lots by the Company is at the risk of the purchaser & the company will have no liability for any loss or damage to items shipped. Final shipping arrangements and agreements are strictly between the purchaser and the shipper. We strongly recommend that you arrange for local pick-up of larger items, i.e., furniture, etc. **Bidding on an item indicates your understanding and acceptance of the Buyer’s Terms & Conditions of Sale.**

Unless the purchaser is exempt by law from the payment thereof, North Carolina 6.75% state sales tax will apply. A Certificate of Resale must be completed and received prior to time of purchase (no exceptions). The balance of purchase price must be paid on auction day.

Prospective bidders may receive a request visa email from Jack Eubanks Auctions requesting the completion of additional information. Bidding approval is at the discretion of Jack Eubanks Auctions. We reserve the right not to accept bids via internet bidding on lots of furniture. If you intend on bidding on furniture, please contact Jack Eubanks Auctions in advance and verify that you have made shipping arrangements. Note: registration approval process may not occur during the sale.

The auction will begin promptly at the published time. This will be a catalogued, numerical order, event. Our pace is approx. 90 lots per hour. Identical bids may occur between live auction, internet absentee and other bidders. In the event of an identical bid, it is at the sole discretion of the auctioneer to sell the lot to the high bidder of his choosingmost likely the floor bidder.

All items are sold AS IS, WHERE IS, WITH ALL FAULTS (KNOWN OR UNKNOWN) and WITHOUT GUARANTEE OR WARRANTY OF ANY KIND. You purchase items on your expertise, not ours. Written and oral descriptions are our opinion and should in no way be construed as a guarantee of any kind. Bidding on an item will indicate that you have inspected the item(s) to your satisfaction, or that you have chosen not to inspect the item(s). If there are any doubts whatsoever in your mind regarding the age, condition, or any other feature of any item(s) offered, we recommend that you DO NOT BID on the item(s). Condition statements are given as a courtesy to a prospective bidder, and is an opinion only and should not be regarded as a statement of fact. The absence of a condition statement does not imply that the lot is in perfect condition or free from normal wear, imperfections, or the effects of aging. Requests for additional information should be made via email to infojackeubanksauctions.com specifying the auction date, lot number description or call direct at (828) 884-7889 and speak with a staff member.