LIVINGSTON'S SOUTHWEST & FINE ART SALE

TERMS AND CONDITIONS OF SALE 1. Livingston's Auction has endeavored to accurately describe all of the items being auctioned. However, all property is sold "As Is". Neither the auctioneer, auction staff, nor any consignor makes any warranties or representations of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty of descriptions of genuineness, authorship, attribution, provenance, period, culture source, origin or condition of the property, and no statement, oral or written, made at the sale or in the catalog, bill of sale or invoice or elsewhere shall be deemed such a warranty or representation or an assumption of liability. All perspective buyers should personally inspect or have their agent inspect property before bidding. In no event will our liability to purchaser exceed the purchase price actually paid. We encourage all patrons to take advantage of the preview hours scheduled for the auction for personal inspection of any item they wish to bid on. 2. The highest bidder for each lot shall be the buyer. If any dispute arises as to the bidding or between two (2) bidders, the auctioneer has the final discretion to determine the successful bidder. The Auctioneer shall at her/his discretion decide to re-open the bidding or not. 3. Livingston's Auction accepts absentee bids including written left bids, telephone bids, and Live Auction internet bids. All absentee bids will be executed by a staff member competitively during the sale. Although our absentee bidding system is 100% honest, it is not foolproof. Livingston's Auction is not responsible for failing to execute any absentee bid or internet bid. Regardless of the amount of the absentee bid, items will be purchased for the selling hammer price once competitive bidding has ceased. In the event of tie bids between absentee bidders or Live eBay bidders and those in attendance, preference will be given to the attending bidder. Where two absentee bidders bid the same amount the first received will be honored. Should there be a significant change in the condition of the item such as damage or discovery of a condition problem that a representative of Livingston's Auction deems in the best interest of the absentee bidder that the bidder would change the bid the bid will NOT be executed. 4. Arrangements for Telephone Bids and written Absentee bids must be made prior to the start of the auction. An Absentee Bid form is available on our website. Call (405) 858-1914 or fax us at 405-605-6132 to place your absentee or telephone bid. The completed form with your signature is required before that bid can be entered into our computer system. We require a Credit Card on file to accept absentee or telephone bids even if you select payment by check. 5. Floor Bidders: All items must be paid for in full before removal from the auction site. Absentee & Live eBay Bidders: The successful buyer will be notified by Livingston's Auction within 48 hours after the auction is complete. Payment MUST be made within 7 days from the date of the auction. Any item left unpaid longer than 7 days after the auction will be charged a storage fee of $3.00 per lot per day. This charge will be strictly enforced. Accounts not settled within 30 days of the sale will be subject to forfeiture of all deposits and loss of title to the property. 6. BUYERS PREMIUM No buyer's premium is charged to Floor bidders. A buyer's premium of 15% of the hammer price will be added to the total purchase price of all properties as part of the total purchase price on any lot sold through Live eBay. A 10% Buyers Premium will be added to any telephone or absentee bid. This includes any bid left at the auction by a buyer who does not wish to remain at the auction to bid in person. 7. Pre-sale estimates are intended as guides and may not be reflective of actual hammer price. Some of the items in this auction may be subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Livingston's Auction & Estate Services Inc. 8. The auctioneer at his/her discretion may reject any bid not commensurate with the value of the article offered. Livingston's Auction reserve the right to reject any bid or withdraw any lot from the sale. 9. We accept payment for by cash (from floor bidders only), Cashiers Check, Money Order, Visa, Master Card, Discover, Pay Pal, and business or personal check with valid ID and a credit card. A bank letter of credit is required from any bidder unless approval is given prior to the auction by Livingston's Auction. Livingston's Auction reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. Floor bidders can make arrangements to pick up their purchases at our offices after a waiting period for their check to clear. The purchaser agrees to pay a handling charge of $30 for any returned check. NO ITEM CAN BE REMOVED FROM THE AUCTION WITHOUT PAYMENT IN FULL. 10. Buyers are required to pay local state and city sales tax unless exempted by law. IF EXEMPT, buyers must file a tax exemption form with Livingston Auction & Estate Services Inc. before any exemption can be made. Oklahoma residents will be charged 8.375% or prevailing Tax rate, unless exempt. 11. Shipping & handling will be charged at shipping cost plus required insurance in addition to a handling fee to cover our costs (supplies and labor) depending on the size of the order. Accurate quotes on shipping cannot be given until the order is completed. We reserve the right to use an outside shipper whenever the order exceeds our capabilities. We recommend an outside shipper for large items and large art. If you wish an outside shipper to handle you shipping please inform us when you receive you initial invoice. An additional $5.00 charge will be applied to all orders shipped out of the United States. We recommend the following shippers: Johnson Crating & Shipping 405-672-7964 & UPS Store 942-1677. 12. Bidding on any item indicates the bidder's acceptance of the terms and conditions of Livingston's Auction & Estate Services Inc. as stated either in writing or announcement at the time of sale, whether bidding in person, through a representative, by phone, by Internet, or other absentee bid. Thank you for your interest and participation. Please contact us if you have any questions @ 405-858-1914.

Local Taxes Apply To Oklahoma Buyers

We make every attempt to list any condition beyond normal wear and tear as appropriate for the item and its age. Each lot is photographed in detail to help the potential buyer view any condition problems, additional photos on some lots can be found on our website. Please review all of the information and photographs before placing your bid.

SPECIAL NOTE TO EBAY BIDDERS: Please note that the eBay clock is not accurate. The auction will start on August 3, 2008 at 1:00 PM Central (Daylight)Time. This is a live auction; the lots will be sold in catalog order. We usually sell between 75-100 lots per hour. You must register in order to bid. EBay will disable the absentee bidding feature on all lots approximately one or two hours before the Start of the Auction. After that all eBay bidding must be live bids entered at the time the lot is selling. Invoices will not be sent until Monday after the auctioneers' record, clerk sheets and eBay record have been audited for errors. Please do not try to pay for your item until you receive your invoice. Shipping: If you want to arrange your own shipping please notify us at the time you are invoiced. We pack and ship in order of payment received. If you do not pay your initial invoice within 7 days you will be charged a storage fee of 3.00 per day per lot which must be paid before your item will be shipped.