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1. All articles are sold "AS IS WHERE IS" and with no warranties
or guaranties of any type either expressed or implied made by Kruse, Inc.,
dba Kruse International, hereinafter called "Kruse". Any warranties
made by the Seller must be in writing on an instrument separate from the
Purchase Invoice and Bill of Sale and signed by both the Buyer and the
Seller. In no event shall Kruse, the auctioneer, any employee, agent or
associate of Kruse be responsible or liable for such warranties, guarantees
or the geniuses or description of any article offered for sale.
2. All statements printed in Kruse catalogues, ads, brochures, signs
and car cards as well as verbal statements made by the auctioneer or staff,
have come from the Seller and are accepted as reliable. Kruse assumes
no responsibility or liability for representations made by Sellers and
shall have no obligation to verify or authenticate such statements or
claims. Any announcements made sale day supersede printed information
in the catalogues, ads, brochures, signs and car cards.
3. Unless the sale of an article is advertised or announced to be otherwise,
each lot is offered subject to the reserve price of the Seller. When an
article is sold with reserve, the auctioneer may bid on the Seller's behalf
in an amount not to exceed the reserve price.
4. Payment of funds due Buyer from any other transaction may, at Kruse's
discretion, be withheld from Buyer and applied to other purchases made
by Buyer. Payment shall be made directly to the Seller from the Buyer
the same day as the sale within one hour of the purchase by the Buyer.
All payments must be made with good funds which are defined as cash, cashier's
checks, traveler's checks or personal/company check backed by an irrevocable
bank letter of guarantee stating the amount to be honored by the bank.
Drafts are not acceptable. No article can be removed from the premises
before making settlement. Title for any titled article purchased may be
withheld until Buyer's funds clear the Seller's or Kruse's bank account.
All cash payments will be reported to the Federal Government subject to
applicable law.
5. All articles shall be removed from the sale area by the Buyer at Buyer's
expense immediately following the sale, and if not so removed, Kruse may
remove the article with all costs of moving and storage to paid by the
Buyer.
6. If any of the terms of sale contained herein, or in any instrument
collateral hereto, are not complied with by the Buyer, in addition to
other remedies available by law to Kruse and/or the Seller (including
the right to hold the Buyer liable for the bid price), Kruse and/or Seller
at its option may do either of the following: (1) Cancel the sale and
retain as liquidated damages all payments made by the Buyer, or (2) resell
the article on 5 days written notice to the Buyer at a private or public
sale for the account of and at the risk of the Buyer, and in such event
the Buyer shall be liable for any deficiency plus all costs for such reselling,
including moving and storage and the entry fees and commissions
for both the first and second sale and all reasonable attorney fees and
court cost incurred.
7. All terms of sale posted on the auction premises, printed in sale
brochures, forms, signs, publicly announced, or otherwise published are
incorporated herein by reference.
8. If any check given in payment is dishonored for any reason (including
but not limited to insufficient funds, stop payment or the like), Buyer
agrees, whether such check is signed by Buyer as maker or endorser, that
if such check is placed in the hands of an attorney for collection, to
pay all reasonable attorney fees incurred, together with all court costs
and associated expenses in the event suit is instituted.
9. If Buyer sues Kruse and does not prevail, Buyer will reimburse Kruse
for all reasonable legal fees and expenses connected with such suit.
10. Buyer shall pay all city and state sales, use and other taxes assessed,
due to or resulting form Buyer's failure to qualify as exempt from such
taxes. Buyer also agrees to pay theBuyer's Premium and other any applicable
fees.

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