Equine Art, Antique and Rare Book Auction

NOTICE A BUYER?S PREMIUM OF 10% WILL BE PAYABLE FOR EACH SUCCESSFUL ON PREMISE OR TELEPHONE PURCHASE. AN ADDITIONAL 3% WILL BE ADDED TO ONLINE PURCHASES. IN ORDER TO BID ONLINE, A VALID CREDIT CARD MUST BE ON FILE. ONLY VISA/MASTERCARD, AMEX, DISCOVER AND PAYPAL MAY BE USED FOR PAYMENT. UPON A WINNING BID, AUCTION HOUSE WILL CONTACT THE SUCCESSFUL BUYER TO CONFIRM PURCHASE AND ARRANGE PAYMENT. BUYER SHALL BEAR ALL SHIPPING COSTS. ITEMS WILL BE SHIPPED TO BUYER BY UPS WITHIN 3 - 5 BUSINESS DAYS. CONDITIONS OF SALE 1. ALL PARTIES TAKE NOTICE. THIS SALE IS CONDUCTED IN ACCORDANCE WITH, AND ALL PARTIES SHALL BE GOVERNED BY, THESE CONDITIONS OF SALE. 2. The following are defined terms: ASM ? American Saddle Horse Museum Association, Inc.; Owner ? the consignor of the property at the sale; Property ? the item being sold; Sale ? the auction sale of items described in this catalogue. 3. ASM is not responsible for the accuracy of the information provided in this catalogue. It is solely the responsibility of the Owner to verify the accuracy of such information and to notify ASM of any corrections prior to Sale. EXCEPT AS SPECIFICALLY STATED HEREIN, THE PROPERTY IS SOLD ?AS-IS? AND THERE IS NO GUARANTY, REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE CORRECTNESS OF THE CATALOGUE, THE CONDITION, QUALITY OR IMPORTANCE OF THE PROPERTY, AUTHENTICITY OR AUTHORSHIP, OR WHETHER THE BUYER ACQUIRES ANY COPYRIGHTS IN THE PROPERTY. Prospective purchasers should inspect the Property before bidding for the purpose of making their own determination of same. 4. If, within fifteen (15) days from the date of the Sale of any lot, Buyer tenders Property in the same condition as when sold and it is established beyond a reasonable doubt that Property is counterfeit, the Sale of such Property will be rescinded and the original purchase price and any other amounts paid by Buyer refunded to Buyer. Benefits of this paragraph are not assignable and inure only to the benefit of Buyer and not to others who may subsequently acquire an interest in Property. 5. A premium of ten percent (10%) of the successful bid price will be added thereto and payable by the Buyer as part of the total purchase price. An additional 3% will be added to online purchases. 6. The person making the highest bid recognized by ASM shall be Buyer. This and all risk of loss pertaining to the Property pass to Buyer at the fall of the hammer. ASM shall immediately present Buyer with an Acknowledgment of Purchase for signature of Buyer, who shall agree to pay the purchase price as set forth herein. In the event of any bidding dispute, ASM shall forthwith adjudicate the dispute and its decision shall be final and binding on all parties. Bids tendered after the fall of the hammer are not valid grounds for dispute. ASM reserves the right to reject any or all bids. ASM may, in its discretion, accept bids by telephone, but it shall not be responsible for errors in connection therewith. 7. ASM may withdraw any Property prior to Sale. Unless announced by ASM, all bids are per lot as numbered in this catalogue. 8. Unless exempted by law, Buyer is required to pay, in addition to the purchase price and any other charges herein provided for, all applicable sales taxes. 9. Immediately after Sale, Buyer shall make settlement with ASM. If not so removed within two (2) days of the Sale, ASM may store the Property at Buyers risk and expense at a location chosen by ASM. Unless credit has been extended by ASM to Buyer in advance of the Sale, settlement of Buyer shall be in U.S. currency, bank check, certified check, approved credit card or other, whichever is acceptable to ASM. If Buyer?s account is not paid in full within fifteen (15) days of the Sale, the unpaid balance shall bear a service charge of two percent (2%) per month from date of Sale until paid. Buyer grants ASM a security interest in the Property, its proceeds and products, to secure payment of any unpaid balance, commission, Buyer?s premium, sales tax and any other amounts Buyer may owe ASM or its affiliates. Buyer designates ASM as Buyer?s attorney-in-fact to take all action, including execution and filing of financing statements, to protect and enforce the security interest. Buyer agrees that ASM shall have all rights and remedies of a Secured Party pursuant to these Conditions of Sale, the Uniform Commercial Code or other applicable law. 10. Upon settlement, the Property shall be delivered to Buyer. The Property shall be promptly removed by Buyer from the sales facility. 11. ASM shall not be bound by any agreement, written or oral, varying from these Conditions of Sale unless agreed on in writing by ASM. 12. Persons purporting to act as agents for a Buyer must file with ASM an agent?s authorization in a form acceptable to ASM, showing the agency and that Buyer intends to be bound by the agent?s actions. Any person failing to strictly comply with this requirement shall be personally liable as Buyer. 13. In no event shall ASM?s liability to a Buyer exceed the purchase price actually paid. 14. The Sale, these Conditions of Sale, and all parties? rights and obligations with respect thereto shall (a) be governed by the laws of the State of Kentucky, and, in the event of a dispute, courts whose districts include Fayette County shall have exclusive jurisdiction, and (b) be binding upon all parties, their heirs, personal representatives, successors and assigns.