ROCK AUCTION GALLERY 230 North 10th Street, DeKalb, Illinois 60115 (312) 967-0272 · (815) 299-7625 Teresa Allen, Licensed Illinois Auctioneer Number 441002569
 BIDDER TERMS AND CONDITIONS    These Bidder Terms and Conditions apply to auctions conducted by TERESA ALLEN/ROCK AUCTION GALLERY ("Auctioneer"), and constitute a legal, valid, binding, and enforceable contract between Auctioneer and YOU. Together with any written purchase and sale agreement between YOU and the Seller of any Lot, these Bidder Terms and Conditions form the basis for the contract of sale between YOU and the Seller if YOU are the Winning Bidder on any Lot.
1. Auction Conducted Under and In Accordance with These Bidder Terms and Conditions, Additional Terms and Conditions Posted by Auctioneer, and Announcements Made at the Time of the Auction, and Applicable Law; Acceptance of Bidder Terms and Conditions. The Auction is conducted under and in accordance with these Bidder Terms and Conditions, any and all other Terms and Conditions posted by Auctioneer (whether at the Auction Site or online), any announcements or corrections made by Auctioneer at the time of the Auction, and applicable law. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD A FULL AND FAIR OPPORTUNITY TO REVIEW THESE BIDDER TERMS AND CONDITIONS, THAT YOU HAVE READ THESE BIDDER TERMS AND CONDITIONS, THAT YOU UNDERSTAND THESE BIDDER TERMS AND CONDITIONS, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE BIDDER TERMS AND CONDITIONS. YOUR participation in the Auction, whether at the Auction Site, online, telephonically, or though any other means (including Absentee Bid), is further evidence of YOUR agreement to be bound by, and to abide by, all Bidder Terms and Conditions. 
2. Auction Conducted in the State of Illinois. The Auction is conducted in the State of Illinois. All Lots are offered for sale in the State of Illinois, and will be sold in the State of Illinois. Notwithstanding YOUR physical location, these Bidder Terms and Conditions are entered into in the State of Illinois, all bids and payments are received in the State of Illinois, and all contracts between a Seller and Buyer are formed and entered into in the State of Illinois. Unless otherwise agreed in writing, all Lots will be delivered in the State of Illinois.   
3. Definitions. The following definitions apply to these Bidder Terms and Conditions for each auction conducted by Auctioneer:
"Absentee Bid" means a bid submitted to Auctioneer by an Absentee Bidder for the execution during the Auction under terms established by Auctioneer.
"Absentee Bidder" means a person or entity that submits an Absentee Bid. An Absentee Bidder may or may not be physically present at the Auction Site during the Auction.
"Absolute Auction" or "Absolute" means that property is sold to the highest bidder regardless of the amount of the final bid and without reservations. This type of auction is also known as an auction "Without Reserve." Provided that a bid is received within a reasonable time after bidding opens on a Lot, the Lot will be sold to the highest bidder regardless of the final bid amount. A Lot exposed for sale at Absolute Auction may only be withdrawn by Auctioneer if a bid is not received within a reasonable time after bidding opens on the Lot. (See, also, Without Reserve). UNLESS EXPLICITLY AND EXPRESSLY STATED OTHERWISE BY AUCTIONEER IN WRITING, NO LOT IS BEING EXPOSED FOR SALE AT ABSOLUTE AUCTION OR WITHOUT RESERVE.
"Auction" means an auction conducted by Auctioneer.
"Auction Site" means the physical location where the Auction are conducted, and/or where the Property is located, and/or where inspections may be made, and/or where pick-up occurs.
"Bidder" means any person or entity (and the agents or representatives of any such person or entity) that registers, and/or bids, and/or buys, and/or otherwise participates in the Auction(s) (including, without being limited to, inspection and/or pick-up), regardless of whether such person or entity tenders a bid.  "Bidder Account" the online account identified to a Bidder by Auctioneer or by an Online Auction Platform Provider on Bidder's Registration. (See, also, Bidder Number).
"Bidder Number" means the number or other identifier issued by Auctioneer to a Bidder for the purposes of identifying bids to such Bidder. (See, also, Bidder Account).
"Bidder Registration" means the registration of a Bidder to participate at the Auction(s) (either online, or onsite, or both), including the information provided by a Bidder, and the Bidder's to be bound by Auctioneer's Bidder terms and Conditions.
"Bidder Terms and Conditions" means Auctioneer's Bidder Terms and Conditions.
"Buyer" means the Winning Bidder on a Lot.
"Buyer's Premium" is a non-refundable administrative fee calculated as a percentage of the Hammer Price that is payable by the Buyer of each Lot to Auctioneer's for Auctioneer's own account. The Buyer's Premium is earned by Auctioneer, and becomes Auctioneer's property, at the Fall of the Hammer. The Buyer's Premium is not included in any Seller's proceeds from the Auction.
"Commission" means the amount payable by or on behalf of a Seller to Auctioneer for Auctioneer's services.
"Contract Price" means an amount equal to the Hammer Price plus the Buyer's Premium. Any sales tax or similar such taxes or fees will be based on the Contract Price.
"Delivery" means the transfer of possession a Lot to the Buyer. Unless otherwise stated in writing, Delivery of a Lot will occur where the Lot is physically located during the Auctions or at such other address as indicated on Auctioneer's website(s). Delivery does not mean that Auctioneer will move or relocate any Lot from its physical location during an Auction, or as indicated on Auctioneer's website(s), to any other location directed by the Buyer. Unless otherwise expressly agreed in writing, Auctioneer will not move or relocate any Lot(s) on behalf of the Buyer.
"Fall of the Hammer" means the point, after bids have been received, at which Auctioneer declares a Lot "sold" to the Bidder acknowledged by Auctioneer as having made the Winning Bid. During an online auction, the Fall of the Hammer may occur electronically at the end of timed (or extended) bidding.
"Hammer Price" means the High Bid amount recognized by Auctioneer with the Fall of the Hammer. 
"High Estimate" means an amount that Auctioneer anticipates that a Lot may bring at the high end of a spectrum of possible bids. The High Estimate, if used, is not a valuation or appraisal, and cannot be relied on as such.
"Lot" means each individual item or grouping of items cataloged and/or exposed for sale at one time by Auctioneer.
"Low Estimate" means an amount that Auctioneer anticipates that a Lot may bring at the low end of a spectrum of possible bids. The Low Estimate, if used, is not a valuation or appraisal, and cannot be relied on as such.
"Online Auction Platform" means the hardware and software utilized to conduct the Auctions online and to facilitate online bidding, including any associated, adjunct, and/or complementary websites, services, premiums and promotions. 
"Online Auction Platform Provider" means the provider of an Online Auction Platform and related services.
"Online Bidding Period" means, with respect to an Auction conducted in whole or in part online, any established period during which online bids may be tendered.
"Private Sale" means an event in which any Property is sold by a Seller, or on the Seller's behalf, other than at the Auctions (including a sale at an auction conducted by a person or entity other than Auctioneer).
"Private Sale Price" means the greater of (i) the fair market purchase price of any Property paid, or agreed to, at a Private Sale, or (ii) a valuation agreed to by Auctioneer and a Seller.
"Property" means the property cataloged for Auction and/or exposed for sale at Auction.
"Registration Deposit" means, if required by Auctioneer, the deposit made by a Bidder in order to register for the Auctions. Auctioneer may require that the Registration Deposit be made in certified funds or in such other form as determined by Auctioneer in Auctioneer's discretion.
"Reserve" or "With Reserve" means that property may be withdrawn by Auctioneer and/or bids may be rejected by Auctioneer prior to the Fall of the Hammer. While Lots exposed for sale With Reserve may be subject to a Reserve Price, a Reserve Price is not necessary for a Reserve Auction. UNLESS EXPLICITLY AND EXPRESSLY STATED OTHERWISE BY AUCTIONEER IN WRITING, ALL LOTS ARE BEING EXPOSED FOR SALE WITH RESERVE.
"Reserve Price" means the minimum price that a Seller willing to accept for a specific Lot. If a Lot is subject to a Reserve Price, the Lot will not be sold unless the Reserve Price is met or waived. A Reserve Price is not necessary for an Auction to be With Reserve. Auctioneer is not required to disclose whether a Lot is subject to a Reserve Price, or, if subject to a Reserve Price, the amount of the Reserve Price.
"Seller" means the seller or consignor of a Lot.
"Winning Bid" means the highest bid received and accepted by Auctioneer, subject to (i) Auctioneer's discretion to reopen the bidding to recognize a timely tendered missed bid or to otherwise resolve a bid dispute, and (ii) Auctioneer's final certification of the Winning Bidder.
"Winning Bidder" means the Bidder who is recognized by Auctioneer as having made the Winning Bid.
"Withdrawn, " "Withdrawal, " or "Withdraw" refers to the circumstance in which a Lot is removed or withdrawn from the Auctions, or in which it is determined that such Lot will not be offered or sold at the Auctions.
"Without Reserve" means that property is sold to the highest bidder regardless of the amount of the final bid and without reservations. This type of auction is also known as an "Absolute Auction" Provided that a bid is received within a reasonable time after bidding opens on a Lot, the Lot will be sold to the highest bidder regardless of the final bid amount. A Lot exposed for sale at Absolute Auction may only be withdrawn by Auctioneer if a bid is not received within a reasonable time after bidding opens on the Lot. (See, also, Absolute). UNLESS EXPLICITLY AND EXPRESSLY STATED OTHERWISE BY AUCTIONEER IN WRITING, NO LOT IS BEING EXPOSED FOR SALE AT ABSOLUTE AUCTION OR WITHOUT RESERVE.
4. Bidder Registration; Bidder Qualification. YOU are required to register to bid at the Auction. Auctioneer may require that YOU provide a valid credit card in order to be approved for bidding, and Auctioneer may make a nominal charge or place a temporary hold against YOUR credit card for verification purposes, and may charge YOUR credit card for YOUR purchases. Auctioneer may establish such other Bidder Registration requirements and Bidder qualifications as Auctioneer determines to be reasonably necessary or appropriate. YOU must provide such information (including identifying information and qualifications) as requested by Auctioneer. Auctioneer may refuse to accept a Bidder Registration from any potential Bidder, may refuse to grant bidding privileges to any potential Bidder, and may suspend or revoke the bidding privileges of any Bidder at any time. By registering to bid, YOU represent to Auctioneer that, if YOU are a natural person, YOU are at least eighteen (18) years of age and that YOU are otherwise legally able to enter into a contract. Each entity (i.e., corporation, limited liability company, or other organization) registering to bid represents that it has the power and authority to register, to bid, and to complete the purchase transaction if it is the Winning Bidder. If bids are made by or on behalf of an entity, the entity and any individual making the bid will be jointly and severally liable on account of the bid. YOU acknowledge and agree that YOU have read, understand, and agree to be bound by, these Bidder Terms and Conditions, any and all other terms and conditions posted at the Auction Site or on the Auctioneer website(s), and the terms and conditions posted on the websites of any Online Auction Platform Provider(s) used by Auctioneer. Auctioneer may, in Auctioneer's sole and absolute discretion, receive bids from a person or entity that has not registered to bid and/or has not satisfied all requirements for Bidder Registration, and, by bidding, such person or entity will be bound by all other provisions of these Bidder Terms and Conditions, any and all other terms and conditions published by Auctioneer (including those posted at the Auction Site or on Auctioneer's website(s), or otherwise), and the terms and conditions posted on the websites of any Online Auction Platform Provider(s) used by Auctioneer. BIDDER QUALIFICATION PROVISIONS ARE INTENDED FOR THE BENEFIT OF AUCTIONEER AND SELLER(S), AND CREATE NO RIGHTS OR INTERESTS IN ANY OTHER PERSONS, INCLUDING COMPETING BIDDERS. AUCTIONEER AND/OR SELLER(S) MAY (BUT WILL NOT BE REQUIRED TO) WAIVE ANY BIDDER QUALIFICATION REQUIREMENTS, EITHER GLOBALLY OR ON A CASE-BY-CASE BASIS.
5. Access to Auction Site and/or Online Auction Platform; Assumption of Risk; Limitation of Liability. YOU assume all risks in connection with YOUR participation, or attempted participation, in the Auction, including, without being limited to, risks arising from or associated with: (i) YOUR presence at the Auction Site; (ii) YOUR use of any Online Auction Platform utilized by Auctioneer; (iii) removal, transport, or use of any Lot(s); and/or (iv) any harm, injury, or damage to YOU or YOUR property resulting from acts other than those caused exclusively by Auctioneer's gross negligence or intentional misconduct. YOU further agree that neither YOU nor any person accompanying YOU to, or otherwise visiting, the Auction Site will attempt to operate or activate any machinery or equipment at the Auction Site without Auctioneer's express consent; and, that, YOU will assume all liability for property damage and/or personal injury caused by YOU or YOUR representatives, employees, independent contractors, or agents. YOU acknowledge and agree that the Auction Site may be a potentially dangerous place that requires YOU to be vigilant, alert, and aware at all times. Flammable, noxious, corrosive, pressurized and otherwise hazardous substances may be present at the Auction Site. Machinery, equipment, and vehicles may be operated at the Auction Site, and electrical circuits may be live at the Auction Site. YOU enter the Auction Site at YOUR own risk with notice of the condition and activities that will be, or have been, conducted at the Auction Site; and YOU assume such risks for YOURSELF and anyone, including any minor children, accompanying YOU or visiting the Auction Site on YOUR behalf. YOUR representatives, employees, independent contractors, or agents also assume such risks. No person will have any claim against Auctioneer and/or a Seller, or their respective agents or employees, for any injuries sustained, or for damages to or loss of property that may occur, at the Auction Site. Neither Auctioneer nor any Seller will be liable for any damages of any type or nature sustained or claimed by YOU or by any other person or entity in connection with, or in any way related to, the Auction. YOU waive any and all claims and/or causes of against Auctioneer arising in connection with, or in any way related to (i) YOUR presence at the Auction Site; (ii) YOUR use of any Online Auction Platform utilized by Auctioneer; (iii) removal, transport, or use of any Lot(s); and/or (iv) any harm, injury, or damage to YOU or YOUR property resulting from acts other than those caused exclusively by Auctioneer's gross negligence or intentional misconduct. 
6. Nature of the Auction. UNLESS OTHERWISE EXPRESSLY AND UNEQUIVOCALLY STATED IN WRITING, THE AUCTION WILL BE WITH RESERVE, and Auctioneer may Withdraw any Lot prior to the Fall of the Hammer on such Lot, even if bids have been tendered and/or recognized against such Lot. In addition to being With Reserve, certain specific Lots identified by Auctioneer may be sold Subject to Seller's Confirmation, which means that after the High Bid Subject to Confirmation has been acknowledged by Auctioneer, the Seller may, in the Seller's sole and absolute discretion, accept or reject the final bid on such Lot(s)
7. Bid Increments. Bid increments are established and controlled by Auctioneer, and may be adjusted or modified in Auctioneer's sole and absolute discretion.
8. Absentee Bids; Remote Bidding. In Auctioneer's discretion, Auctioneer may receive Absentee Bids and/or bids tendered by remote Bidders (whether telephonically or otherwise). Absentee Bids may be initiated and advanced in accordance with Auctioneer's policies and procedures. Auctioneer will make reasonable efforts to execute Absentee Bids, but Auctioneer will have no liability to any Absentee Bidder for the failure to execute any Absentee Bids for any reason whatsoever. Each Absentee Bidder acknowledges and agrees that a Lot may be sold to another Bidder for the maximum amount of the Absentee Bid based on a bidding sequence that causes another Bidder to reach such amount first. If the execution of an Absentee Bid at its maximum amount would require Auctioneer to accept a bid that is less than a full bidding increment, Auctioneer has the sole and absolute discretion to acknowledge or reject such bid. An Absentee Bidder may authorize Auctioneer to advance the bid by one or more bidding increments after the maximum amount of the Absentee Bid is, or would be, reached. Auctioneer acts as the agent of the Seller only, and the receipt and/or execution of Absentee Bids will not create an agency relationship between Auctionee