The Estate of Ken and Pat Hodge

***IMPORTANT: PLEASE REVIEW THE FOLLOWING TERMS & CONDITIONS OF THIS AUCTION BEFORE REGISTERING TO BID. THANK YOU!!!*** The following as amended by any posted notices or oral announcements during the sale, constitutes the entire terms and conditions on which property listed in the catalog shall be offered for sale or sold by J. Garrett Auctioneers, and any consignor of such property for whom J. Garrett Auctioneers has acted as agent. By registering to bid in this auction, whether in person or by agent, absentee bid, telephone, Internet or other means, the purchaser or bidder agrees to be bound by these Terms and Conditions of Sale: **TERMS AND CONDITIONS OF SALE** 1. PAYMENT -- DOMESTIC CLIENTS: We accept credit cards (MasterCard and Visa ONLY), wire transfers, cash, and personal or company check. WE DO NOT ACCEPT PAYPAL. Internet buyers are encouraged to pay through their bidding site of choice, or they can contact us directly to make a payment. Items purchased in person must be paid for on the day of the auction. For items purchased online, you will be emailed an invoice the day after the auction. It is your responsibility to contact J. Garrett Auctioneers via telephone at 469-360-5086 or email matthew@jgarrettauctioneers.com to make payment. PLEASE CHECK YOUR SPAM OR JUNK FOLDER IF YOU DO NOT RECEIVE YOUR INVOICE. IF PAYMENT IS NOT RECEIVED WITHIN 10 DAYS, A DISPUTE WILL BE FILED WITH LIVE AUCTIONEERS & INVALUABLE.. If paying by check, J. Garrett Auctioneers reserves the right to hold all purchases until the check has cleared to the satisfaction of J. Garrett Auctioneers and its bank. INTERNATIONAL CLIENTS: *** INTERNATIONAL PAYMENTS MUST BE MADE THROUGH YOUR BIDDING SITE OR THROUGH WIRE TRANSFER - NO EXCEPTIONS *** 2. SHIPPING -- It is the buyer's responsibility to arrange for and pay for shipping. J. Garrett Auctioneers does not provide shipping services or shipping quotes. We also do not supply packing materials whatsoever. Local buyers should come prepared to pack and load their purchases to their satisfaction. J Garrett Auctioneers shall not be held liable for damage that occurs after an item leaves our dock. We can however, refer successful bidders to reputable shipping services, as a service. Please visit our web site for a complete list of shippers. ALL PURCHASES MUST BE PICKED UP WITHIN 10 BUSINESS DAYS AFTER THE SALE. WE WILL HAVE HELP AVAILABLE FOR LOADING TRUCKS FOR 10 BUSINES DAYS FOLLOWING THE SALE. After 10 days, any remaining items shall be moved to FPM Storage (972-489-3807) at a rate of $10 per day, per lot ? NO EXCEPTIONS. Items not picked up within 30 days shall be considered ABANDONED, IN WHICH CASE THEY WILL BE SOLD OR DONATED AND BUYER SHALL NOT RECEIVE ANY FORM OF COMPENSATION. Pick up hours are Monday - Friday from 9-4, for 10 business days following the sale. After this, we will be open for pick up on Tuesdays only, from 9-4. For a list of recommended shippers please check the "Shipping" link under the "Buying" tab on our homepage at www.jgarrettauctioneers.com. INTERNATIONAL PURCHASERS ARE RESPONSIBLE FOR ALL CUSTOMS FORMS, ENTRIES, RELEASES, DUTIES AND FEES, AND J.GARRETT AUCTIONEERS, NOR SHIPPERS RECOMMENDED BY J. GARRETT WILL BE LIABLE FOR ITEMS HELD UP BY FOREIGN CUSTOMS OR RELEASE ASSOCIATED DUE TO IMPROPER CUSTOMS FORMS OR DECLARATIONS. 3. All items are sold "AS IS, WHERE IS" with all faults. There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. All items are available for your examination prior to bidding. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. J. Garrett Auctioneers attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. If your item(s) are damaged in shipping, you will need to contact the shipper to file a claim. If your item(s) are being shipped and there is a condition problem upon receipt, you are expected to notify us immediately by phone at 469-360-5086. Any condition concerns will be null and void after the 10th business day following the end of the auction. Please note that if you pay late and thus receive your item(s) late, this does not qualify you for special privileges. WE DO NOT GIVE REFUNDS! ALL SALES ARE FINAL! 4. The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubt on J. Garrett Auctioneer's part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, J. Garrett's sale record is conclusive. J. Garrett Auctioneers records the audio portion of each auction. 5. The purchaser assumes full responsibility for items at the fall of the hammer or as acknowledged as "sold" by the auctioneer as inferred verbally or otherwise. 6. As a convenience to customers, absentee bids and phone bids will be executed by J. Garrett personnel in a competitive and confidential manner. Phone bid arrangements must be made 24 hours prior to start of the auction. Please note we will not take phone bids for items with a low estimate of $1,000 or less. We suggest leaving an absentee bid or bidding in person or on line. ALL PHONE BID FORMS MUST INCLUDE THE NAMES OF 3 AUCTION HOUSES IN WHICH WE MAY CALL TO VERIFY GOOD & RECENT BIDDING HISTORY. DUE TO INCREASED FRAUD ATTEMPTS, WE WILL NOT EXECUTE ANY PHONE BIDS WITHOUT THESE REFERRALS. BUYERS PREMIUM FOR PHONE BIDS AND INTERNET BIDS IS THE SAME - 28%. J. Garrett Auctioneers will not be responsible for failure to execute absentee or phone bids and reserves the right to decline phone bids if in the event of too many phone bidders, the inability to execute that number of phone bids. J. Garrett Auctioneers also reserves the right to refuse phone bids if qualifications, including credit card deposits, or banking info is not provided if deemed necessary. 7. BUYER'S PREMIUM: There will be a buyer's premium of 28% for onsite bidders, internet bidders, absentee bidders, and phone bidders added to the hammer price of each. All purchases will be subject to an 8.25% Texas sales tax unless (1) you are an out-of-state resident and your purchases are being shipped out of Texas or (2) if you are a Texas resident and you possess a valid tax-exempt number. J. Garrett Auctioneers must have a blanket exemption certificate with permit number and signature on any tax exempt sale before releasing. 8. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property. 9. J. Garrett Auctioneers reserves the right to withdraw any lot at any time before the auction without liability. 10. The auctioneer reserves the right to reject any bid not commensurate with the value of the property offered. 11. A range of estimates is given on each lot with a low and a high estimate. Estimates should not be relied on as a prediction of the actual selling price. 12. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to it by law, including without limitation the right to hold the purchaser liable for the total purchase price, J. Garrett Auctioneers at its option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property at public auction without reserve or minimum selling price, and the purchaser will be liable for any deficiency and costs, including handling charges, expenses of both sales, the commission on both sales at regular rates, all other charges due hereunder and incidental damages. 13. In the unlikely event we lose our internet connection, J. Garrett Auctioneers reserves the right in its sole and absolute discretion to cancel the remainder of the auction or continue at it's discretion in live venue at it's discretion. 14. Some lots may be offered with a "reserve" which is the minimum price below which the lot will not be sold. J. Garrett Auctioneers may act to protect the reserve by bidding through the auctioneer. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the consignor. The auctioneers may continue to bid on behalf of the consignor up to the amount of the reserve, either by placing bids in response to other bidders or by placing consecutive bids. 15. These terms and conditions of sale, as well as the respective rights and obligations of J. Garrett Auctioneers and any purchasers or bidder at any sale of J. Garrett Auctioneers, shall be governed by and construed and enforced in accordance with the laws of the State of Texas. 16. The auctioneer is licensed and regulated by the Department of Licensing and Regulation. Licensure with the Department does not imply approval or endorsement by the State of Texas. If you have an unresolved complaint, it should be directed to: Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 512-463-6599. Jeff Garrett, ST. Lic. # 6794, Justin Garrett, St. Lic. # 16236. Copyright 2018, J. Garrett Auctioneers, LTD. ; all rights reserved