TERMS AND CONDITIONS OF SALE 1. All items are sold "AS IS, WHERE IS", with all faults, and neither Just Breathe Auctions nor the consignor makes any warranties or representations of merchantability, of fitness, express or implied genuineness, attribution, provenance, authorship, completeness, nor of any other kind, . All items are available for your examination prior to bidding. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. Just Breathe Auctions attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. If your item(s) are damaged in shipping, you will need to contact the shipper to file a claim. If your item(s) are being shipped and there is a condition problem upon receipt, you are expected to notify us immediately by phone at 716-266-5066. Any condition concerns will be null and void after the 10th business day following the end of the auction. Please note that if you pay late and thus receive your item(s) late, this does not qualify you for special privileges. We do not give refunds! All sales are final! 2. The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubt on Just Breathe Auctions part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, Lilly's sale record is conclusive. 3. The purchaser assumes full responsibility for items at the fall of the hammer. 4. As a convenience to customers, absentee bids and phone bids will be executed by Just Breathe Auctions personnel in a competitive and confidential manner. Phone bid arrangements must be made 24 hours prior to start of the auction. Just Breathe Auctions will not be responsible for failure to execute absentee or phone bids. 5. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property. 6. Just Breathe Auctions reserves the right to withdraw any lot at any time before the auction without liability. 7. The auctioneer reserves the right to reject any bid not commensurate with the value of the property offered. 8. A range of estimates maybe given on each lot with a low and a high estimate. Estimates should not be relied on as a prediction of the actual selling price. 9. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to it by law, including without limitation the right to hold the purchaser liable for the total purchase price, Just Breathe Auctions at its option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property at public auction without reserve or minimum selling price, and the purchaser will be liable for any deficiency and costs, including handling charges, expenses of both sales, the commission on both sales at regular rates, all other charges due hereunder and incidental damages. 10. Live internet bidding is available during the auction. Current bids on the internet will be executed on your behalf during the auction by https://justbreathe.hibid.com However, Just Breathe Auctions, cannot be held liable for live internet bids that are not sent, received, or executed by the administrator. If you are bidding live, real-time on-line, please bid quickly because there is a time delay in receiving live bids. In the unlikely, event that we lose our internet connection, Just Breathe Auctions reserves the right in its sole and absolute discretion to continue or to cancel the remainder of the auction. Payment: Domestic Clients: We accept bank wire transfers, cash, personal or company check with proper ID, cashiers check, travelers check, money order, Visa, MasterCard, or Discover cards. (a) Items purchased in person must be paid for on the day of the auction. If you leave without paying, your credit card will be charged the next day. (b) For items purchased via phone or absentee bidding, your credit card will be charged the day after the auction. If other payment arrangements have been made and good funds have not been received by the 5th business day after the auction, your credit card will be charged. (c) For items purchased online, you will be emailed an invoice the day after the auction. It is your responsibility to contact Just Breathe Auctions via telephone 716-266-5066 or email at keithhale77@hotmail.com to make payment. (d) If paying by check, Just Breathe Auctions reserves the right to hold all purchases until the check has cleared to the satisfaction of Just Breathe Auctions and its bank. International Clients: We accept wire transfers, Visa, MasterCard, or Discover. Please Note: There is a maximum of $25,000 that may be charged to credit cards, per client invoice. There will be a buyer's premium of 10% for Internet bidders (13% credit card) added to the hammer price of each lot and it will be considered part of the total purchase price. All purchases will be subject to an 8.00% New York (Niagara County) sales tax unless (1) you are an out-of-state resident and your purchases being shipped out of New York or (2) if you are a New York resident and you possess a valid tax-exempt number. Just Breathe Auctions must have a blanket exemption certificate with permit number and signature on any tax exempt sale. No Exceptions! Shipping: Buyer to pay all shipping charges. Shipping will be billed seperately to the total cost of the item(s) (hammer price + buyer's premium + sales tax (if applicable). Our third-party shippers do not invoice but contact you directly via phone or email for payment processing. Please contact them directly with any shipping questions, claims, or quotes. Online only auctions are handled by UPS Pack and Ship. If you are unsure where your item may have been sent for shipping, please contact the office @ 716-636-8440 Large, extremely fragile, freight shipping Buyer has five (5) business days to contact the office (716-266-5066) with shipping arrangements (name of shipper, contact information, and pickup timeline). All exceptionally large or irregularly shaped items will be packaged through UPS Packing and shipped via UPS. Furniture, large signs, or extra large pieces may require freight (anything over 110lbs packaged). If freight or third party shipping is needed, it is the responsibility of the buyer to coordinate and pay for all shipping. Please contact us prior to bidding with any shipping questions. In-house shipping We no longer provide in-house shipping. Non-Payment of Shipping If the buyer refuses or does not wish to pay for shipping or will not pick up the winning items, Just Breathe Auctions will not refund the purchase for any reason amd will be deemed abandoned and become the sole property of Just Breathe Auctions.

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