CIVIL WAR AUCTION
 
TERMS AND CONDITIONS OF SALE
 

Mike Kent
GAL #3405
Sponsoring Auctioneer

Larry Troutman
GAL #2784
Principal Auctioneer

1. All sales are final.

2. Buyer agrees to pay Mike Kent Auctions ("MKA") a premium of 12.5% of the lot's hammer price. (As used throughout these Terms and Conditions, lot means an object or group of objects offered for sale as one unit and hammer price means the price announced by the auctioneer when the hammer falls.) The buyer's premium shall be collected by MKA directly from the buyer at the time of sale.

3. MKA will accept cash, checks, and credit cards for payment. Credit card users will be charged an additional 2% of the sales price. The sales price is the hammer price plus the buyer's premium plus applicable taxes. Any returned check will result in a returned check fee and entitle MKA to the remedies provided under Georgia law and in paragraph 7, below.

4. Title to lot and risk of loss or damage to the lot passes to the buyer when the hammer falls. MKA shall have no liability for any damage to property left on its premises after the date of sale. The sales price must be paid prior to the close of the auction. Buyers with an outstanding balance after 14 days of the close of the auction will be charged a 10% late fee on the sales price. Buyers must provide a credit card number in order to bid. Buyers with an outstanding balance after 14 days will be charged the outstanding balance, including the 10% late fee and 2% credit card fee to their credit card. MKA will have sole and absolute discretion to determine who the successful bidder is and / or may withdraw the lot or reoffer the lot for sale in the event of a dispute.

5. All merchandise must be removed from the place of auction on the same day of auction unless other arrangements are made. Absentee bidders will be contacted after the sale reguarding shipping options.

6. All property is sold as is. MKA, for itself and as agent for the seller, makes no warranties or representations of any kind with respect to any lot. Buyer agrees that in no event shall MKA be responsible for the correctness, description, genuiness, authorship, attribution, provenance, culture, source, origin, value or condition oa any lot. Nothing being said or done by MKA shall be deemed a warrenty of representation or an assumption of liability by MKA. Items may be removed from auction without prior notification before they are put on the auction block and a bid is received. Any item that receives no bid will be removed from the auction at the discretion of the auctioneer.

7 If buyer fails to pay the sales price at the close of the auction or otherwise comply with these Terms and Conditions, MKA shall be entitled to the following remedies: (1) to recover from buyer any monetary loss arising on any resale of the lot (including all costs of any resale or attempted resale), (2) any deposit or partial payment paid by buyer, (3) to recover from buyer all of its costs and expenses of collection, including attorneys' fees of 15% of the outstanding balance, interest on the outstanding balance of 1.5% per month and costs, and (4) all other relief and remedies allowed by the law. Georgia law applies and jurisdiction and venue over all disputes involving these Terms and Conditions shall be in Walton County, Georgia.

8. Bidding on any lot is acceptance of these Terms and Conditions and any and all other terms announced at the time of sale. These conditions constitute the entire agreement between bidders and MKA and supersede all prior agreements between them, if any. No tie bids will be accepted. Auctioneer's bidder will stand in case of any bid dispute. Auctioneer(s) will not be held responsible for any accidents, authenticity of products or validity of item descriptions made prior to or during the auction process.

9. FIREARMS and RELATED ITEMS CANNOT BE SOLD VIA EBAY ! All bids on firearms must be via mail, telephone, fax, e-mail or live from the auction floor. If you have questions on any particular item, please contact us prior to the auction.

10. Suggested bidding increments:
      $0 to $99 - $5
      $100 to $249 - $10
      $250 to $499 - $25
      $500 to $999 - $50
      $1000 to $2999 - $100
      $3000 to $4999 - $200
      $5000 to $9999 - $500
      Over $10000 - $1000

11. Absentee bidding instructions. If you cannot attend this auction but would like to bid on items, the procedure is simple. Fill out the form on page 5, listing catalog lot number, description and your top bid price for each item. Mail or fax your bid sheet to the address or fax number shown on page 5. The limit you leave should be the amount to which you would bid if you were to attend the sale. Bidding increments are listed above. Please make sure that your bids fall within these increments. At the auction, bids are handled in a competitive manner in an attempt to buy the object for less than your top bid. As our auctions are well attended, you will be competing against the audience and other absentee, phone and internet bidders. You will pay one bid above the next highest bid, but no more than your maximum. If two absentee bids are received with the exact same amount, the first bid received will take precedence. MKA will always attempt to purchase designated lots for the lowest possible amount in competition with other bidders, but we cannot be held responsible for errors or failure to bid.

12. Live phone bidding instructions. If you cannot attend this auction, but would like to be called as the lots you are interested in come up during the auction, please complete the form on page 5. List the lot number and a brief description. Under bid amount, list the phone number you would like us to call you at during the auction. You may leave a secondary number as well. There is no need to list a bid amount unless you would like for the phone operator to bid for you in the event that you cannot be reached. Absentee bidding and phone bidding is a convenience we offer to our customers who cannot attend in person, and we will make every attempt to reach phone bidders as their lots come up during the auction, but we cannot be held responsible for errors, technical difficulties or failure to bid. Phone bidders may wish to view the auction live on Ebay to check the progress of the sale and to help determine when to expect their phone calls.

13. Bidding live on Ebay during the auction. Bidders may place absentee bids or bid in real time along with our audience via Ebay. If you are bidding live on Ebay, the buyer's commission is 17.5%. You may view the auction live for free. The process of bidding live on the internet is convenient, but not perfect. In addition to occasional technological delays which are beyond our control, there is also a live person typing the auction information in as quickly as possible while executing live internet bids. Our representative will attempt to capture the bid history as accurately as possible, but in the event of a discrepancy, the auctioneer's records are the official records of the auction. For more information, go to www.ebayliveauctions.com.