"CLOCKTOWER COTTAGE" PAINTING BY THOMAS KINKADE

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. REQUEST INFORMATION BEFORE 10 AM, THE FRIDAY BEFORE THE SALE. THERE ARE NO WARRANTIES, NO REFUNDS AND NO RETURNS!!! 1. All persons attending the exhibition, sale or removal of merchandise assume all risks of damage to person or property and specifically release and indemnify Ross Auction Inc., rossauction.com, Thomas Langeland. and Jason Duffy 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 Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. Ross Auction Inc. may attempt to describe the merchandise in advertising, on the internet and at the auction but makes no representations. In no event shall Ross Auction Inc., rossauction.com, Thomas Langeland or Jason Duffy; be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. If you have any questions about the merchandise, ASK THEM BEFORE 10 AM MOUNTAIN TIME, THE FRIDAY BEFORE THE SALE. Bidder shall be the sole judge of value. If firearms are sold, all Federal and Colorado laws and regulations will be followed. It is the bidder's sole obligation to determine if a firearm they purchase is legal where they live. There are no letters of authenticity of firearms. Ross Auction Inc. is an FFL and background checks will be conducted on ALL firearm purchases. There is a $30 fee for background checks. Firearms must be paid for before we will conduct a background check. Failure to pass a background check, will result in the purchased merchandise being consigned by the purchaser with Ross Auction Inc. at Ross Auction Inc.'s standard commission rate. Any out of state firearm purchases must be shipped to an FFL. Failure to provide an address of the receiving FFL, in a timely manner, will result in the purchased merchandise being consigned by the purchaser with Ross Auction Inc. at Ross Auction Inc.'s standard commission rate. 3. All internet Bidders agree to pay a buyer's premium equal to Twenty Percent (20%) 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 $20.00 for a total purchase price of $120.00. Under state law, sales tax will be collected on this amount. Additonally processing fees will be administered at check out and the rate varies with amount spent. 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. Ross Auction Inc. shall endeavor to describe in detail each item and any pertinent information about it. Ross Auction Inc., rossauction.com, Thomas Langeland and Jason Duffy 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 -WHERE IS with no warranties express or implied. Ross Auction Inc. does not guarantee any appraisals, gradings or certifications. All firearms laws are followed. Some firearms may not be legal in Bidder's jurisdiction. It is Bidder's responsibility to determine if any item is legal where they live. There are no refunds for any reason. Bidder agrees that he or she may not return any item they purchase for any reason accept an intentional and material misrepresentation of the item itself made by Ross Auction Inc. Bidder's 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 Ross Auction Inc. agrees that the item was materially and intentionally misrepresented Ross Auction Inc. will refund the Bidder's purchase price to him/her. Bidder agrees that under no circumstances whatsoever will Ross Auction Inc. ever be liable to any bidder for an amount greater than the purchase price of the item they purchased. There is a 25% restocking fee if return of item is approved by Ross Auction 5. Ross Auction Inc. is providing internet pre-auction and live bidding as a service 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 Ross Auction Inc., rossauction.com, Thomas Langeland, Jason Duffy or anyone else if the internet service fails to work correctly before or during the live auction. Ross Auction Inc., rossauction.com, Thomas Langeland or Jason Duffy; will not be responsible for any missed bids from any source. Ross Auction Inc. reserves the right to withdraw or re-catalog items in this auction. 6. The auctioneer shall advance the bidding at his own discretion. Depending upon the increments and order in which bids are accepted, an internet Bidder's maximum bid may not be recognized prior to a floor bid of the same amount. Ross Auction Inc. may withdraw any item before or during the auction. Should a tie or a dispute arise between two bidders, the auctioneer may, at his discretion, reopen the bidding until the property is sold. From time to time Ross Auction Inc. may accept items with reserves prices. Ross Auction Inc. reserves the right to bid on behalf of the owner on items on which there may be a reserve. The record of the auction made by Ross Auction Inc. shall be conclusive. 7. Ross Auction Inc. reserves the right to charge the Bidder's credit card the full amount of any or all of Bidder's prebids or live bids at any time. When the auctioneer says 'Sold', Bidder assumes full responsibility for the merchandise. Everything MUST be paid for in full, NO LATER THAN 5 PM MOUNTAIN TIME, THE MONDAY FOLLOWING THE AUCTION. We accept payments with Visa, MasterCard, American Express, Discover. If Ross Auction Inc. does not receive payment by 5 PM, the day of the auction, the bidder agrees that ROSS AUCTION INC. shall add an administrative collection fee of $100.00 to their balance due. Any amount left unpaid shall accrue interest at the highest rate allowed under Colorado state law. Unless exempted by law, the purchaser shall pay all applicable taxes. Bidder agrees to indemnify ROSS AUCTION INC., rossauction.com, Thomas A. Langeland and Jason A. Duffy 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 Bidder's payment is honored. 8. All property shall be removed from the premises by the Bidder at his/her own risk and expense within the time period announced. ALL MERCHANDISE PURCHASED AT THIS AUCTION MUST BE REMOVED BY 4:30 PM, THE TUESDAY FOLLOWING THE AUCTION, UNLESS SPECIAL ARRANGEMENTS HAVE BEEN MADE WITH ROSS AUCTION HOUSE INC. OR IT IS BEING SHIPPED. ITEMS NOT REMOVED BY THIS TIME WILL HAVE A CHARGE OF $10 PER LOT, PER DAY ADDED AND MAY BE FORFEITED. Internet bidders should arrange shipment of their purchases within this time. Ross Auction Inc. will help arrange shipment at buyer's expense. Any merchandise not paid for removed by bidder may be forfeited. Bidder shall have no claim to forfeited merchandise. 9. Bidder agrees that this agreement shall be governed by the laws of the state of Colorado and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in El Paso County, Colorado. 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 ROSS AUCTION INC. 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 El Paso County, Colorado with an arbitrator appointed by the President of the Colorado Auctioneers Association. 10. ROSS AUCTION INC. may refuse a buyer's number to anyone for any reason. Bidder agrees to provide any identification ROSS AUCTION INC. 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 auction experience. If you have questions about the merchandise, the time to ask questions is well in advance of the live auction. No returns are allowed. By registering for this auction, you have been added to our free emailed Ross Auction House Highlights. Each email includes a link to unsubscribe. Please do not report our emails as spam. Thank you for your patronage. 12. PLEASE READ: At the request of the auction company, this auction permits bids to be placed by the auctioneer, an employee of the auctioneer, or the seller or an agent on the seller’s behalf. While Proxibid’s Unified User Agreement prohibits this behavior, in accordance with UCC 2-328, this auction is permitted to engage in this activity by providing this clear disclosure to you, the bidder. 13. Ross Auction Inc Reserves the Right to not ship an item because of weight or size. If Customer chooses not to pay for shipping that item will be forfeited. 14. PICK-UP TUESDAY FOLLOWING THE SALE 9:30 AM - 4 PM MT. Items not picked up on Tuesday will incur a Storage Fee of a minimum of $10, no exceptions. Buyer is responsible for removal of all items. Ross Auction Staff will not be responsible for loading your items. Please bring help with you. Items not picked up on Tuesday will be forfeited and may result in you no longer being able to bid. 15. ALL INVOICES ARE NOW PROCESSED THROUGH PROXBID. PAID INVOICES WILL BE SENT AT THE END OF THE SALE. Special Instructions: Item Descriptions *Carefully inspect all photos thoroughly before bidding. Although conditions may not be noted in descriptions, the description is not comprehensive and not a full condition report. *Your bidding signifies that you have viewed he photos and read the description, which are based on opinion only, and accept each item as-is with no warranty or implied condition. All weights and measurements are approximate. * Ross Auction Inc acknowledges that there may be errors in the listing. We do our best to list any damage, repairs or restorations, and the absence of these descriptions or conditions must not be taken to imply that the lot is in perfect condition. Most items are antique, vintage, and used.