Bidder's Agreement

Read Carefully Prior to Bidding.

I HAVE READ AND UNDERSTAND ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THE AUCTION.

I HEREBY AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.

I FURTHER AGREE TO BE RESPONSIBLE AND PAY FOR ALL PURCHASES CHARGED TO MY BIDDER NUMBER AND GRANT A SECURITY INTEREST TO THE SELLER IN ALL PROPERTY PURCHASED TO SECURE PAYMENT IN FULL.

Terms and Conditions

The property in today's sale will be offered for sale by American Memorabilia, Inc. ("AMI") on behalf of the owners of the property, referred to as the "seller," and will be governed by the terms and conditions set forth herein (the "Agreement"). AMI is the agent of the seller.

1. Bidder's Registration
   All persons who wish to bid in the auction must register and obtain a unique bidder number. To register, Buyer must provide all of the registration information requested, sign the Agreement, and submit the form to AMI. Bidders must be 18 years of age or older and have a valid driver's license. AMI reserves the right to refuse to register or admit any person at its sole discretion. Buyer may register his or her auction account by phone, e-mail, or Internet. Internet registration is closed during the last two (2) days of an open auction. Buyer may, however, call AMI and attempt to register during this time. A credit card or credit reference is taken along with any other pertinent information for verification. Invoices and correspondence relating to purchases will be sent in according to the information on the bidder's registration.
2. Payment
   Payment in full (including the buyer's premium when applicable) must be paid by Buyer in the form of cash, checks, money order, and all major credit cards (if you have a question about whether a credit card is accepted please call AMI before the sale), prior to the removal/delivery of any property purchased. Money orders are preferred. Check can take up to fourteen (14) days to clear. AMI reserves the right to refuse credit card payments on any Lot. Buyer shall pay the purchase price, the buyer's premium, shipping and handling charges (if any), plus any and all applicable taxes, unless such taxes are exempted by law (proof of exemption must be provided). Payment is expected within seven (7) days after notification. Unclaimed Lots will be offered by AMI to the next highest bidder. Failure to fulfill Buyer's payment obligations will affect future bidding privileges.
3. Buyer's Premium
   A buyer's premium will be charged in this sale. The buyer's premium is an advertised percentage of the high bid or flat fee added to the high bid to determine the total contract price to be paid by Buyer. For each Lot won a twenty percent (20%) buyer's premium will be added to the amount of the high bid. For example, if the high bid is $100 and there is a twenty percent (20%) buyer's premium, the premium will be $20.00, for a total bid of $120.00. Also shipping, handling, and tax (for residents of the State of Nevada) will be added to the total purchase price. Shipping amount is based on the real-time Fed Ex Express Saver rate lookup based on total weight of the Lots won. AMI's handling fee is a flat rate of $10.00 per sale, invoice not per Lot. The buyer's premium does not create any agency relationship between Buyer and AMI. AMI is the agent of the seller only.
   
4. Time of the Auction
   An auction starts and will close on the dates specified on AMI's home page. However, AMI follows the 15-minute rule. This rule means that the auction can continue for verified bidders that have bid on any particular lot prior to the 8:00 p.m. close. The exact closing time in unknown, but determined by stopping the phone and Internet bids for 15 minutes. The auction has ended when AMI's recording and web site indicate that the "American Memorabilia Auction is closed."
5. Stop Payment/Insufficient Funds
   Upon making payment for a lot(s), no stop payment of funds will be honored. Any stop payment order of a check, or giving a check which is returned marked "insufficient funds," shall be deemed by the parties to be prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as intent to defraud.
6. Acceptance of Terms
   A bid placed by any person shall be conclusive proof that he or she acquainted himself or herself with the terms and conditions of sale and agreed to be bound by such terms and conditions prior to placing any bid.
7. Representations and Warranties
   All representations and/or warranties made, if any, are between Buyer and Seller. AMI shall not be held responsible for the correctness of any representations and/or warranties of any kind with respect to the property. AMI shall not be held responsible for any representations and/or genuineness of description of any property. Unless otherwise expressly noted by AMI, ALL SALES ARE FINAL AND ALL PROPERTY IS SOLD "AS IS," "WHERE IS," AND "WITH ALL FAULTS" - THERE ARE NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ON THE LOT OR LOTS. Any and all warranties (unless expressly noted otherwise) are disclaimed and waived by Buyer.
8. Sales Final and Inspection of Lots
   Buyer acknowledges that he/she has been provided the opportunity to inspect the property before purchasing same and Buyer has/has not inspected the property at his or her sole discretion. ALL SALES ARE FINAL. Buyer is solely responsible for determining the condition of any property. For detailed Lot descriptions, please call BEFORE that auction ends. For every bidder's convenience, all Lots can be shown by appointment.
9. Reserve Auctions
   Unless explicitly stated otherwise by AMI, each Lot is being sold with reserve as a reserve auction. These terms are applicable to all reserve auctions. AMI and seller reserve the right to withdraw any property before and during the sale of such property. The seller also reserves the right to reject any and all bids for any reason. The reserve price may not be disclosed. All bids are raised in ten percent (10%) increments and AMI, at its sole and complete discretion, may reject a nominal bid advance. AMI reserves the right to place a bid on any Lot on behalf of the seller up to the amount of the reserve, if any. AMI will not specifically identify bids placed on behalf of the seller.
10. Reserves
    All Lots are being sold with a "reserve," a price below which the Lot will not be sold. Any bid submitted below the reserve price will not result in the purchase of a Lot.
11. Bidder Authorization
    Bidder authorizes AMI to execute any memorandum of sale on behalf on and in the name of Bidder, or in AMI's own name, in connection with the purchase of any lot, in accordance with Bidder's bid.
12. Bidder Rights
    All rights granted herein are personal and exclusive to the registered Bidder, and may not be assigned or transferred to another person or entity, by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be void and unenforceable. No third party may rely on any benefit or right conferred herein or granted to any Bidder. Thank you for submitting your bid. If you have any questions, please contact AMI immediately.
13. Disputes between Bidders
    In case of any dispute between bidders, AMI, at its sole and complete discretion, may reopen the bidding pursuant to specific terms determined by AMI between the two highest bidders only, until the property is sold. If a dispute arises after the sale of any lot, AMI's records shall be deemed conclusive in all respects.
14. Bidding
    It is the responsibility of the bidder to make sure that AMI is aware of his or her intent to place a bid. AMI accepts telephone (800-430-0667) and Internet (www.americanmemorabilia.com) bids. On the day of auction, callbacks can be easily arranged, but are provided as a "non-guaranteed service." Every effort is made to efficiently execute all callbacks. AMI disclaims any liability for damages, whether direct, indirect, consequential, or incidental, resulting from bids not spotted, executed, or accepted. Bidders should also be careful to bid on the correct lot and ensure that his/her bid is for the amount intended. AMI is not responsible for errors in bidding. Bids are raised in ten percent (10%) increments. Once Buyer submits a bid, it cannot be retracted or withdrawn. The sale is complete when the AMI so announces.
15. Acceptance of Bids
    AMI reserves the right to refuse to accept any or all bids (whatever the method) by Buyer. In addition, AMI may disqualify any bidder believed to be acting in a fraudulent, illegitimate, not in good faith, manner. AMI may also disqualify any bids made by someone who is not competent, or made in violation of this Agreement or any applicable law.
16. Internet Bidding
    Buyer may be able to bid on Lots at this Auction through the Internet. The terms in this paragraph apply only to individuals bidding on-line via the Internet.
    
    (A) Buyer acknowledges that AMI does not have any responsibility or liability for the website(s) used for Internet bidding. Seller acknowledges that the AMI may not have any control over the website(s) and cannot guarantee its operation or performance. There are occasional interruptions and delays relating to the use of the Internet and the Website. Furthermore, AMI shall not be held liable (for lost profits or special damages) or responsible for the function of the website or its inability to function. Buyer acknowledges that hardware malfunctions, software malfunctions, viruses, and similar issues do occur and are beyond the knowledge, scope, and control of AMI. Use of the Internet bidding option through any website is at your own risk. To ensure proper bidding, Buyer should be careful.
    
    (B) Buyer must register and obtain a bid number to participate in the auction. In connection with such registration, Buyer will be required to provide a credit card number (Visa, Master Card, American Express, or Discover). Please follow the instructions carefully to make sure that the registration process is complete and accepted.
    
    (C) Buyer will be e-mailed final registration approval upon successful completion of the registration process. Registration for Internet bidding closes forty-eight (48) hours prior to the auction. Buyer should register as early as possible to obtain information about the properties and increase the likelihood of being notified of any pertinent changes that take place prior to the auction.
    
    (D) The website is administered by AMI from its offices in the United States of America. Individuals must reside within the United States of America to register to bid online. AMI will not accept bids from individuals who reside outside of the United States of America and its territories. If you access the website from a location outside of the United States of America and its territories, Buyer consents to exclusive and continuing jurisdiction in the United States of America and agrees to be bound by and comply with all applicable laws.
    
    (E) The bid number, authorization, and login information given to Buyer upon successful registering to bid shall only be used by Buyer during the auction to bid on the properties. The registration is not transferable or assignable. No one else may register for Buyer or participate on Buyer's behalf.
    
    (F) AMI reserves the right to deny any person for any reason permission or access to bid online.
17. Notification
    The successful bidders will be notified by phone and/or e-mail within two to four business days after the auction close.
18. Limitation of Liability
    Neither AMI nor seller shall be liable for any damage and/or injury to any property and/or person at and/or upon the sale premises. Each person entering upon the sale premises assumes any and all risks whatsoever for his or her safety (and for any minors with him or her). AMI IS NOT RESPONSIBLE FOR ANY LOST, STOLEN, OR DAMAGED PROPERTY.
19. Breach of Contract
    If this Agreement, or any terms and conditions announced by AMI, are not complied with, in addition to other remedies available to the seller by law, including without limitation, the right to hold the Buyer liable for the bid price, AMI and seller may: (1) publicly or privately resell the property, with the non-complying Buyer being held liable for the payment of any deficiency purchase price, plus all costs incurred; and/or (2) cancel the sale and retain as liquidated damages all payments made by the non-complying Buyer. AMI's commissions, all incidental damages, expenses, court costs, costs of collection and/or attorneys' fees will be charged to and be the responsibility of the non-complying Buyer.
20. Memorandum of Sale
    Buyer authorizes AMI to execute any memorandum of sale on behalf of and in the name of Buyer, or in AMI's own name, in connection with the purchase of any lot, in accordance with his or her bid.
21. AMI Liability
    AMI acts solely as an agent for seller and is not a party to any contract for the sale of any property offered by the seller for sale and/or sold at this auction. IN NO EVENT SHALL AMI BE LIABLE TO BUYER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AUCTION OR THE PERFORMANCE OR BREACH THEREOF. AMI'S LIABILITY TO A BIDDER SHALL IN NO EVENT EXCEED THE TOTAL OF THE PURCHASE PRICE, BUYER'S PREMIUM, AND TAXES PAID BY BIDDER TO AMI, REGARDLESS OF WHETHER BUYER'S CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
22. Sale by Lots
    All sales are to be per lot, unless otherwise mentioned by the AMI. AMI reserves the right to include in the auction any Lot and the right to withdrawal any Lot prior to calling for bids at the beginning of the auction. AMI may combine, subdivide, regroup or reorganize any Lots.
23. Authentication
    AMI has a third-party authenticator examine all Lots, except as noted below, in the auction. Buyer should not bid on a Lot if he or she is uncomfortable with the authenticator. For cards and autographs appearing in the catalog which are not professionally graded, we strive to accurately assess quality. However, AMI does not guarantee their opinion and Buyer assumes the risk. AMI is not responsible if a professional evaluation disagrees with AMI's opinion.
24. Recording Devices
    No photographs, tape recordings and/or video recordings of any type are permitted without the express written prior approval of AMI.
25. Severability
    If any provision of this Agreement is declared or determined to be null, void, inoperative, illegal or invalid for any reason, the validity of the remaining parts, terms or provisions will not be affected thereby and they will retain their full force and effect, and said null, void, inoperative, illegal or invalid part, term or provision will not be deemed to be part of this Agreement.
26. Interpretation
    Each party to this Agreement acknowledges that it has read, or has had the opportunity to read, the terms provided herein. The parties agree that this Agreement reflects the terms as agreed to by the parties hereto. In the event a term or terms is considered ambiguous, neither party hereto, nor their respective counsel, will be considered the draftsperson of this agreement for the purpose of causing the terms of this Agreement to be construed against a party hereto.
27. Applicable Law
    The parties hereto acknowledge and agree that this Agreement is made and entered into in the State of Nevada, and will in all respects be interpreted, enforced and governed under the internal laws (and not the conflicts of laws) of the State of Nevada. In the event that the parties hereto, or any one of them, litigate any actual or potential breach of this Agreement, the parties hereto stipulate and agree that the exclusive and continuing venue for any such action will be in Clark County, State of Nevada, or the United States District Court, located in the State of Nevada.

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