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Text Catalog - 04/08
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Conditions of Sale

Lang Sporting Collectibles, Inc. D/B/A Lang’s Fishing Tackle Auctions, hereinafter referred to as “Lang’s”.

Any participation, attendance or bidding in a Lang’s auction indicates your acceptance of the terms and conditions below.

The property listed in this sale will be offered and sold under the following Terms and Conditions. Provisions of the New York State Uniform Commercial Code, Section 2-328 applies to this auction.

1. Lang's has endeavored to describe correctly the property being sold. All items are sold "as is, where is", with no guarantees, and neither the Auctioneer, Lang's nor any consignor makes any warranties, expressed or implied, or representation of any kind or nature with respect to the property, and in no event shall they be held responsible for the correctness, nor deemed to have made any representation or warranty as to description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property, and no statement made prior to or at the sale, in the bill of sale, invoice or elsewhere shall be deemed a warranty of representation or an assumption of liability. Inspections by the buyer or his agent prior to bidding are required. All sales are final.

2. All items must be paid for and removed from the facility by the conclusion of the auction. Dimensions and sizes given are approximate and are for identification purposes only. Lang's reserves the right to make verbal corrections and provide additional information from the block at the time of sale. Since opinions can differ, particularly in the matter of conditions, Lang's will be the sole judge in all matters pertaining to condition. Catalog descriptions are provided as a guide only and may contain errors. Estimated values for each lot are posted as part of the description. The estimated prices are simply guidelines on fair market price and are only an opinion with no guarantees as to accuracy.

3. All bids are to be per lot as numbered in the catalog unless otherwise mentioned.

4. The highest bidder acknowledged by the Auctioneer shall be the purchaser. In the event of any dispute, the Auctioneer shall have absolute discretion as to who was the successful bidder or he may re-offer the disputed item for if he so wishes. In all matters, the records of the Auction will be deemed conclusive in all respects and will be final.

5. The Auctioneer reserves the right to reject any bid or raise not commensurate with the value of the article being offered.

6. The number of the highest bidder shall be given immediately after the announcement of the Auctioneer's "sold", that bidder will become the buyer and be bound to the seller in a contract for sale under the terms of the auction. All buyers and bidders must use a valid bidding number. No bidder may use another's number or bid for another without express permission and with prior arrangements made directly with Lang's. All responsibilities in this "Conditions of Sale" will be shared by both buyer and bidder if they are not one and the same and both will be bound to this agreement. If the foregoing conditions are not complied with, all said lots may, at the option of the Auctioneer, be placed in competition again.

7. Title passes upon the announcement of the Auctioneer's "sold" and the property immediately becomes the responsibility of the attending or absentee purchaser. Thereafter, lots shall be paid for in full and taken from the premises at the buyer's risk and expense by the conclusion of that day's sale unless other arrangements have been made directly with Lang's. Absentee buyers are required to allow the designated shipper to transport, package and ship their purchases unless other arrangements have been made directly with Lang's. For Absentee bidders, payment in full is due within 10 days following the auction. After that time, the buyer will be considered in default. Buyer will pay all expenses involved in any transaction.

8. Interest will be charged on all balances not paid when due at the rate of 2% monthly (24% A.P.R.) and will be pro-rated for balances owed for less than 30 days after the initial 10 day period.

9. Requests for refunds or to have a lot re-sold will be at the sole discretion of Lang's and must be made before the lot leaves the building prior to the end of the auction. Lang's has no obligations for refunds or to accept returns.

10. A $45.00 fee will be charged for any returned check. All wire or bank fund transfer fees will be paid by the buyer.

11. Participation in a Lang's auction in any manner including but not limited to absentee, online, phone or live bidding, consignment, appraisal request, shipping items, etc., shows agreement between the parties and constitutes contractual required writing and a real transaction. Any participant recognizes and accepts the existence of this binding contract.

12. Lang's reserves the right to deny participation, withhold a bidder number or block online bidding and therefore access to auction purchases without explanation.

13. Personal checks will be acceptable only if credit has been established with Lang's or if Lang's has received a bank authorization guaranteeing the personal check. Lang's reserves the right to hold merchandise purchased by personal check until the check has cleared the bank if Lang's deems such action is necessary. Makers of bad checks will be prosecuted.

14. Lang's will not be held responsible for failure to execute Internet, phone or absentee bids. Lang's will not be liable for lost or damaged consignments.

15. Opinions, descriptions or comments given prior to, during or post auction by any Lang's representative are not to be considered in any way a guarantee.

16. It is at Lang's discretion to allow the disruption, removal or viewing of any item from its original consigned state including all framed property unless the consignor's permission has been denied in writing on the original consignment sheet. Descriptions are written viewing the item as originally consigned with no further disruption of the property. Whether further inspection prior to its sale is allowed or not, the lot is sold "as is, where is" with no warranties or guarantees. Lang's will not be held liable for lost or damaged consignments.

17. Lang's reserves the right to withdraw any property prior to sale. Title of consigned item(s) may not be transferred by a consignor once in the possession of Lang's or once a consignment contract has been signed without express written consent from Lang's.

18. Consignors or their agents bidding on their own property is prohibited by law and will absolutely not be tolerated. If the Auctioneer recognizes such bidding or Lang's is advised of or receives proof of same, the consignor will be required to pay in full for all lots purchased, including buyer's fees, and all lots consigned by the offender for that multi-session auction will be subject to an additional 20% over and above the agreed consignment fee to be paid to Lang's. The offending consignor will be reported to the necessary authorities for criminal prosecution.

19. All lots are put up for sale subject to a reserve price imposed by the seller.

20. If any part of this Conditions of Sale is for any reason proved to be invalid or unenforceable, the rest shall remain valid and enforceable.

21. Premiums of 18% for buyers in attendance or buying directly through Lang's and 22.5% for online purchases, with a 3% discount offered to house buyers only for cash or good check payments, resulting in a 15% buyer's premium, will be applied to all property sold, to be paid by buyers as part of the purchase price. This is a commission, based on the hammer price, paid to Lang's by the seller.

22. SPECIAL SHIPPING NOTICE: MAIL-IT UNLIMITED is the designated shipper for this event. All persons participating in the auction; attending, by phone, online or by absentee bid will be required to make shipping arrangements directly with MAIL-IT. Email: info@mailitunlimited.com , Phone (207) 985-2087 or Fax (207) 985-2160. Special packing or shipping arrangements will be accommodated to assure safe delivery of your valuable possessions. Please note: any items that are merely transported after the auction but not shipped will incur a transportation charge payable by the buyer. Large or unusual items or items of extraordinary value may incur higher transportation and storage charges. Substantial storage fees will be charged after 30 days. Items shipped to a third party address without prior written permission by Mail-It Unlimited, will not be covered for loss or damage. Shipping of any item will be at the owner's expense. All items retained by MAIL-IT UNLIMITED are governed by the terms stated in Lang's catalog and by this Conditions of Sale.

23. Bidder, buyer, consignor, independent contractor, employee, dealer or any person whatsoever expressly acknowledges and agrees that in no event shall Lang Sporting Collectables, Inc. D/B/A Lang's Fishing Tackle Auctions or their representatives be liable for compensatory, incidental or consequential damages. Lang's shall be held harmless from any person whatsoever with respect to any and all claims from liability for loss, damage or personal injury of any kind.

24. Lang's will not be held responsible by consignor, prospective buyer or any party for selling delays, changes in auction conditions, canceled lots, a partial or entire delayed or canceled auction no matter the cause or reason.

25. In the event of failure to comply with any of Lang's conditions, the damage recoverable from the defaulter or offender shall include, but is not limited to, any loss arising on the re-sale of all lots, any added expenses to Lang's, reasonable attorney fees in any legal action, together with the charges and expenses in respect of both sales and any money deposited in part payment shall be held by Lang's on account of any liability of the defaulter to them. Any balance of said charges and expenses will be due and payable to Lang's by the defaulter.

26. Buy back or any and all fees incurred by the consignor and owed to Lang's shall be paid in full before consigned items are released. Payment must be received within 90 days following the auction or said consignments will become the property of Lang's. Storage fees begin 30 days following the auction.

27. All consignment photography is the property of Lang's and may not be reproduced in any form without the express written consent of Lang's, Inc. No description, design or written section of the catalog, advertising or web site may be reproduced without the express written consent of Lang's. Lang's reserves the sole right to use any and all photography for any and all purposes indefinitely. Photography may vary and is not a guarantee of condition, color, or any other issue pertaining to consignments. Items may not be as they appear.

28. No changes to absentee bids will be accepted one hour prior to or during the live auction. Bidders may resubmit an absentee bid replacing the original by fax to the advertised location only. Changes or corrections to original bids will not be accepted by phone or email. Bid changes must be submitted at least one hour prior to the live auction on each auction day. Lang's is not responsible for faxes not received or executed. A signed absentee bid sheet is required to change any previous bid and will not be accepted without the original bidder's signature.

29. Any person including participants, independent contractors, employees waive and release any and all claims or demands of any nature whatsoever on their own behalf and on behalf of any insurer which may be subrogated to the rights of said person for injury against Lang's. All agree to hold harmless Lang's from liability for injury or expense arising out of any claim including those related to the acts or omissions of any agent or representative of Lang's.

30. Any and all persons, participants or their agents agree to be governed by the laws of the State of New York and all issues concerning a sale, purchase, or any other matter, will be construed in accordance with the laws of the State of New York and further agree that all legal actions concerning any issue or transaction with Lang's, Inc. will be brought in Oneida County, State of New York. Credit reporting agencies will be notified of any court judgment due to non-payment.

Massachusetts Sales Tax 5%.

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