FENTON AUCTION OF SMALLS

Terms for online auctions ONLY: PLEASE NOTE: Because of the amount of "small" items, we have negotiated a 2.00 packing fee for any "small" item. Example: figures- fairy lamps- bells- ginger jars- etc. ANY questions about packing and shipping should be asked PRIOR to bidding! These rates ONLY apply to this auction. Condition: All damages seen at time of listing has been identified. Common nicks, scratches, Manufacturing issues, pinheads and wear has not been called. If an item is found to be different than listed, it will be announced and no absentee or live bids will be entered on item. HOWEVER, It is the bidder's responsibility to determine overall condition before bidding on an item and ALL items sell AS IS. ALL SALES ARE FINAL. Payment: You will be invoiced after the auction. Payment is due within 5 business days after the auction contacts you. Any unpaid invoices will be turn over to Live Auctioneers and you will be "Tagged" and unable to bid on other auctions until paid in full. Checks and Credit Cards are accepted. If you wish to pay by credit card, simply call the office and ask for Jaci at 937.548.7835. WE DO NOT KEEP CREDIT INFORMATION ON FILE, SO IF YOU BID PRIOR WITH US AND WANT OT PAY BY CC, YOU WILL HAVE TO CALL US or give your info to Jaci when She contacts you. TERMS AND CONDITIONS OF THE AUCTION BIDDING VIA INTERNET By registering to bid or placing a bid you agree to be bound by all of these terms & conditions and any other announced terms and conditions of sale or rules of the site. All Internet bidders agree that bids placed on the Internet shall have the same legal effect as if they were in attendance at the auction in person. 1. IF someone in attendance is acting as an agent for a proxy bid buyer, you assume all risks of damage to person or property and specifically release and indemnify JWAS from any liability. 2. All property is sold AS IS, and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. JWAS may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall JWAS be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. ALL ITEMS SELL AS IS. ALL SALES ARE FINAL. 3. All Internet Bidders agree to pay a buyer's premium equal to Sixteen Percent (16%) of the hammer price of each item they purchase. If the hammer price of an item is $100.00 the buyer's premium will be $16.00 for a total purchase price of $116.00. State sales tax law, (Applies Residents in state of Ohio) if applicable, will be applied. 4. Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. JWAS shall endeavor to describe in detail each item and any pertinent information about it. However, all items sell AS IS JWAS will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase for any reason accept an intentional and material misrepresentation of the item itself made by JWAS. Bidders sole remedy in the event of an intentional and material misrepresentation of an item shall be to return the item, at their expense and in the same condition it was shipped to them. IF JWAS agrees that the item was materially and intentionally misrepresented JWAS will refund the Bidders purchase price to him/her. Bidder agrees that under no circumstances whatsoever will JWAS ever be liable to any bidder for an amount greater than the purchase price of the item they purchased. 5. JWAS is providing Internet pre-auction and live bidding as a service/Convienence to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against JWAS or anyone else if the Internet service fails to work correctly before or during the live auction. JWAS will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. JWAS reserves the right to withdraw or re-catalog items in this auction. 6. The auctioneer shall advance the bidding at his own discretion. JWAS may withdraw any item before or during the auction. Should a tie or a dispute arise between two bidders, the auctioneer has final say and the item will be SOLD. Auctioneer WILL NOT re-open an item because of a "tie" bid. The record of the auction made by JWAS shall be conclusive. 7. When the auctioneer says sold Bidder assumes full responsibility for the merchandise. Everything MUST be paid for in full at the conclusion of the auction. Bidder agrees to indemnify JWAS against any claim if sales tax is not collected on Bidder's purchases. Bidder agrees that under no circumstances will he/she initiate a charge back on his/her credit card. Title to the merchandise transfers to Bidder only when Bidders payment has been honored. 8. JWAS can arrange for packing and shipping. HOWEVER. WE DO NOT PACK AND SHIP. PLEASE CALL 937.459.0254 FOR PACKING ESTIMATES AND ARRANGEMENTS. ( See rate sheet attached) Packing and shipping costs are the responsibility of the buyer. Most all the items we auction are Fragile items and may result in higher shipping costs. THE SHIPPER WILL PACK TO MAKE SURE YOUR ITEMS ARRIVE SAFELY. THE AUCTION COMPANY TURNS OVER POSSESSION OF YOUR ITEMS AS SOON AS YOU TELL US WE CAN RELEASE THEM TO THE PACKING COMPANY. AUCTION COMPANY WILL BE HELD HARMLESS OF ANY LOSS AT THAT TIME. 9. Bidder agrees that this agreement shall be governed by the laws of the state of OHIO and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in OHIO. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. Should a dispute arise between JWAS and Bidder, Bidder waives any right to a trial or hearing in a court of law and agrees to settle the dispute through binding arbitration in OHIO. 10. JWAS may refuse a buyers number to anyone for any reason. Bidder agrees to provide any identification JWAS may request including but not limited to: drivers license, photocopies of credit cards, Social Security card or US Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items. 11. We want you to be happy with your purchases. If you have questions about the merchandise the time to ask questions is well in advance of the live auction. No returns are allowed. Thank you for your patronage. A> In order to register for this auction, a valid credit card is required if you have not bid with us before and your card WILL BE charged after the auction unless you make other arrangements 2 days PRIOR to the auction. If you have bid history with at least 50 other auction houses, you will be approved at our discretion. ANYONE with a "dispute" will NOT be approved at all. . C> All costs associated with shipping and handling are the sole responsibility of the winning bidder. please contact the shipper at 937.459.0254 with estimates and any other shipping information. YOU WILL NEED A CREDIT CARD FOR SHIPPING CHARGES. THERE WILL BE NO EXCEPTIONS UNLESS YOU WANT OT PICK UP YOUR ITEMS AT EITHER OF OUTR LOCATIONS. IF YOU WISH TO PICK UP YOUR ITEMS YOU MUST LET US KNOW THAT 2 DAYS PRIOR TO THE AUCTION, OTHERWISE YOUR ITEMS WILL BE TAKEN TO SHIPPING COMPANY IMMEDIATELY AFTER PAYMENT. Our Locations are: Chautauqua Lake Auction Center 2118 Magnolia Ave, Ashville NY and Greenville Auction Center 5239 ST RT 49 S Greenville, Ohio Anyone who registers within 36 hours prior to the will run the risk of NOT be approved to bid.. Please register early. D> Please contact JWAS for further questions regarding payment instructions at 937.548.7835 AMT Packing rates as of April 2011 Contact us at 937.459.0254 email us at: amt.pack.ship@gmail.com Please note: AMT Packing ONLY uses US Post Office Priority Mail & Registered Mail for items over $1000.00 unless you specifically request US Post Office Parcel Post (Slow mail). You can also provide AMT with YOUR Fed-Ex number if you want too. AMT will NOT ship UPS. AMT will pack as many items in one box as we are comfortable with. To help save cost we recycle boxes, However some items require a special box and there will be an additional $3.00 fee for the box. This would apply mostly to "oversized" items. Items that are 5" or smaller in size will be billed out at $2.00 per lot plus actual shipping and insurance. Example: Royal Doulton Miniatures; Bunnykins; small figurines; small Cast Iron Banks; Perfume bottles; etc. Items that would be consider "Medium" size will be billed out at $8.00 per lot plus actual postage and insurance. Example: 11" bowls; Carnival Glass bowls and plates; any vase under 12"; Medium size figurines such as Lladro- Stangl- Royal Doulton- B&G and others; Dolls; teapots; chocolates pots; etc. This is the most common as 80% of the items fall in this category. Items that would be considered "Large" items will be billed out at $12.00 per lot plus actual postage and insurance. Example: Vases over 12" tall; larger plates or bowls over 11" diameter; smaller punch sets; candlesticks; etc. Anything that would not fit in a 12" x12" x12" box safely. Items that would be considered "Oversized" will be billed out accordingly. Please call for those rates: Example: Table lamps; china place setting or any other type of "setting" over 8 pcs; Large punch sets; candelabras; Mantle Lustre; Large platters or bowls over 15"; Chocolate sets; Paintings; etc. Please call for packing rate plus actual postage and insurance. ( Usually these rates would be between $20.00 and $35.00 per item depending on size and piece count). Please keep in mind that AMT packs to make sure your items arrive safely in 2 sizes of Bubble wrap and packing peanuts. However, once they are in the hands of the US Post Office we cannot control what happens. ALL insurance claims will be made through the Post Office Not AMT Packing. We will assist you in anyway we need to for your claim. Special items: Comic books & other printed material will be sent out in bulk via US Post Office Priority Envelope at a rate of $5.00 for 1 item or $8.00 per envelope full ( usually 6 comics fit safely in envelope.) plus actual shipping and insurance. Note: these rates are negotiate with Jim Wroda Auction Services, LTD and do not apply to any other auction house. If you would like a quote for any other purchase with another auction company that is in the Greenville, Ohio vicinity we would be happy to quote that for you. Just give us a call. Also, Once JWAS notifies us that payment has been received (and if paid by check it has cleared) your items will ship in approx 7 to 10 BUSINESS days depending on the amount of successful bids for the entire auction. Your items will ship as soon and as fast as possible though. Thanks in advance for your patience. We DO NOT rush the packing of your items. Definition: LOT, means that lot number assigned. So if there is 3 items in a LOT you ARE NOT charged for each piece in the lot, Just for the lot. EXAMPLE: If the are 4 Royal Doulton Miniature Toby's, then the packing fee is just $5.00 for the LOT.

NY STATE SALES TAX WILL APPLY IF YOU BUY ONLINE WITHIN THE STATE OF NY.