American Art Pottery Association 2009 Auction

TERMS AND CONDITIONS OF SALE: All bidders are responsible for reading, understanding and agreeing to these Terms and Conditions of Sale, as well as any supplemental notices provided either in writing or verbally prior to the start of the auction. If you have any questions after having read the Terms and Conditions of Sale, please contact Belhorn Auction Services, LLC at (614) 921-9441 or auctions@belhorn.com prior to the auction. BUYER'S PREMIUM AND PAYMENT: A 10% buyer's premium applies to all lots purchased by bidders attending the auction in person. Lots purchased absentee, phone and/or internet bidding are subject to a 13% buyer's premium. Pennsylvania sales tax will be charged on-site at the auction for this auction for bidders at the auction and those residing in Pennsylvania bidding by phone, absentee or internet bid unless a valid tax exemption number is provided. Any out-of-state bidders may be responsible to report purchases and pay use tax under their own state law. All bidding will be in and must be paid in U.S. Dollars. On-site at the auction we accept cash, check, money order, Visa and MasterCard. For buyers purchasing items via absentee, phone and/or internet bidding we accept cash, check, money order or PayPal. PayPal will allow buyers to pay by Visa, MasterCard, American Express and Discover, even if the buyer does not have an existing PayPal account. All payments must be made prior to any property being removed from the auction venue or our offices. Invoices are due immediately upon receipt and must be paid in full before any property can be removed from the auction venue or our offices. We reserve the right to hold all goods paid for by check until payment has cleared. If payment is not received within thirty (30) days of sale, Belhorn Auction Services, LLC reserves the right to void the sale and deny future participation in future auctions. BIDDING INCREMENTS AND BIDDING: Belhorn Auction Services, LLC and its auctioneer(s) maintain a fixed set of bidding increments. Bidders are asked to comply with these whether bidding in person or by absentee or internet bid. These increments are: $5 to $100 - bid in $5 increments $100 to $250 - bid in $10 increments $250 to $1,000 - bid in $25 increments $1,000 to $2,000 - bid in $50 increments $2,000 to $5,000 - bid in $100 increments $5,000 and up - bid in $250 increments All items will be opened for bidding at approximately 50% of the low pre-auction estimate. Items failing to receive an opening bid will be passed. If there are two or more absentee bids, the lot will normally open at a bid that is one increment higher than the lower of the highest two bids. The auctioneer has the sole and exclusive power, discretion, and authority to regulate the bidding and its increments. The auctioneer also has the discretion to refuse or accept any bid that may be considered a trifling advance over the current bid or is trifling itself. ABSENTEE BIDS: We encourage those who cannot attend our auctions in person to bid via absentee bid. A complete online catalog is available at www.belhorn.com and allows for absentee bidding in a quick, convenient manner. For those bidders who prefer to place absentee bids by phone, fax, mail or email, we do offer those options. However, these bids are due no later than 48 hours prior to the auction unless otherwise noted. We highly recommend if phoning, faxing, mailing or emailing your absentee bids that you confirm receipt. All absentee bidding is handled as though you are in attendance; all absentee bids are bid competitively up to your maximum bid amount. Please check and comply with the above bidding increments before submitting your absentee bids. In case of failure to comply, we will reduce each off-increment bid to the next lower figure. In the event of duplicate bids, the first bid received will be the bid that is given preference. We will maintain all absentee bidder names and amounts in the strictest of confidence. We offer absentee bidding as a convenience to our customers and take all necessary measures to ensure accurate execution of such bids. Belhorn Auction Services, LLC is not liable or responsible for any errors or failure to execute an absentee bid as instructed. LIVE INTERNET BIDDING: Belhorn Auction Services, LLC has engaged the services of LiveAuctioneers.com as a courtesy for its customers who wish to bid and buy online. Please proceed to www.liveauctioneers.com for all necessary information on how to bid and buy online using this system. The user of LiveAuctioneers.com indemnifies and holds Belhorn Auction Services, LLC and its consignors harmless against any claim arising out of or resulting from your use of the LiveAuctioneers.com site, including all losses, damages, liabilities, and all fees (including attorney's fees), costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall Belhorn Auction Services, LLC and its consignors be liable for lost profits or any special, incidental, or consequential damages that result from the use of, or the inability to use, this site. RESERVES AND PRE-AUCTION ESTIMATES: Each item may have a confidential minimum reserve price established by Belhorn Auction Services, LLC and the consignor. Belhorn Auction Services, LLC may bid on behalf of the consignor at the auction up to the reserve. If bids on a lot fail to reach the reserve, the lot will be "bought in." Each lot meeting its reserve price will be sold to the highest bidder as determined in the sole and exclusive judgment of the auctioneer. The auctioneer will also have the sole and exclusive power and authority to a) resolve any disputes between bidders, b) determine whether to pass or re-offer a lot for sale, c) reject or challenge any bid or advance in the bidding, and d) otherwise regulate the bidding and its increments. The pre-auction estimates provided are our opinion of what the property will sell for at auction. These estimates are opinion and were derived from prices paid at our or other past auctions, reference materials available on the subject property, or our subjective opinion as experts in the field. By no means are pre-auction estimates to be taken as a guarantee or warranty of the value or marketability of any particular item(s). CONDITION & GUARANTEE: If Belhorn Auction Services, LLC defines in their catalog a piece being "mint" it is understood that the lot is represented as being free of damage including cracks, chips, hairlines and repairs, unless otherwise stated. The term "mint" means the lot is in the same condition that it was at time of manufacture. A mint lot may contain normal dirt or dust, crazing, base flakes or roughness from grinding, and/or manufacturing flaws including, but not limited to, clay separations, glaze misses, kiln flaws and stilt pulls. Any factory flaws that are considered, in our opinion, obtrusive will be noted. All sizes are approximate to within 1/8". Items described as "excellent" in condition may shows signs of use such as minor scratches to the glaze or base, but no overt damage. If a purchaser of any lot(s) alleges a problem of authenticity, genuineness, condition, or origin of a lot, where the description(s) was/were grossly and materially inaccurate and misleading and substantially overstated the value of the lot(s), the purchaser will have a reasonable time, which is defined as three (3) calendar days after receipt of property, to contact Belhorn Auction Services, LLC by phone, email or mail to convey such concerns. The purchaser must receive written permission to return the property to Belhorn Auction Services, LLC. Provided the lot(s) are returned, fully insured, within three (3) calendar days of receiving this permission in the same condition and packaging (holders) the lot(s) was/were in at the time of sale and proves the truth of such allegations to the satisfaction Belhorn Auction Services, LLC, the sale of such lot(s) will be rescinded. Belhorn Auction Services, LLC will refund the full purchase price, including hammer price, buyer's premium, postage and insurance costs paid by the purchaser to Belhorn Auction Services, LLC. Refunds shall not include costs of shipping, transportation, insurance, or other expenses that may have been incurred by the purchaser to return the lot(s). In the event that the purchaser's allegations cannot be confirmed upon inspection by Belhorn Auction Services, LLC, the lot(s) will be returned to the purchaser at the purchaser's expense. It will be the sole discretion of Belhorn Auction Services, LLC as to whether the lot will be taken back, resold, returned to the consignor or refused a return in the case that the purchaser's allegations of any problem(s) is/are unwarranted. Any guarantee extends to only the original buyer of record (that is, the registered bidder). Items paid for on or after the thirtieth (30th) calendar day following the auction are sold "as is" and the above guarantee is null and void. SHIPPING: Belhorn Auction Services, LLC typically ships via UPS Ground with full insurance as a convenience to our buyers. We charge an all-inclusive flat rate per lot for pottery, glassware, porcelain and related smalls, which includes postage and/or shipping, full insurance and package fees. Unless otherwise noted in the description, the following schedule details the all-inclusive fee for shipping to the 48 contiguous states: For pottery with a greatest dimension of less than fourteen inches (14"): $18.00 for the first lot and $12.00 for each additional lot. Larger lots including, but not limited to, items with a greatest dimension of 14" or more, floor vases, jardinieres and pedestals, umbrella stands, lots with multiple pieces, etc. will typically have a flat rate noted in the description for shipping in the 48 contiguous states with separate rates for Zone 1 states (AL, AR, CT, DE, FL, GA, IA, IL, IN, KY, MA, MD, ME, MI, MN, MO, MS, NC, NH, NJ, NY, PA, OH, RI, SC, TN, VA, VT, WI, WV), Zone 2 states (AZ, CO, KS, LA, MT, ND, NE, NM, NV, OK, SD, TX, UT, WY) a Zone 3 states (CA, ID, OR, WA). For all lots shipped to Hawaii, Alaska or international destinations we charge on a per lot basis that will be determined after the auction based on the lot's size, weight and the buyer's address. Purchases are shipped on a "first paid, first shipped" basis. While we make every attempt to ship purchases quickly, it may be up to five to seven business days before your purchases are shipped from the date of full and verified payment. DISPUTES, JURISDICTION AND PENNSYLVANIA LAW: The laws of Pennsylvania shall govern this auction conducted by Gregory A. Belhorn (PA Auction License AU005536). Any disputes that may arise in connection with the auction and/or any auction purchase, and all of the terms and conditions set forth herein above, shall be governed by and construed in accordance with Pennsylvania law. Any one who participates in the auction and/or makes auction purchases agrees to submit to the jurisdiction of the courts of the State of Pennsylvania with respect to any dispute arising in connection with the auction and/or any auction purchases. In the event that Gregory A. Belhorn and/or Belhorn Auction Services, LLC needs to bring an action to enforce the terms and conditions herein and/or to collect any sum due and owing to it Gregory A. Belhorn and/or Belhorn Auction Services, LLC shall be entitled in addition to collect its reasonable attorney's fees, collection agency fees, and cost of suit. MISCELLANEOUS: If any provision of portion of these Terms and Conditions of Sale shall be deemed unlawful, void, or unenforceable under applicable law, that provision or portion shall be stricken and severed from the remaining provisions, which shall remain in full force and effect. Failure to enforce any of the provisions in these Terms and Conditions of Sale shall not be deemed a waiver of the right to enforce any other provisions of these Terms and Conditions of Sale.

Pennsylvania sales tax will be charged for bidders on-site at the auction and those residing in Pennsylvania bidding by phone, absentee or internet bid unless a valid tax exemption number is provided. Any out-of-state bidders may be responsible to report purchases and pay use tax under their own state law.