Receivership & Consignment Auction (“Sellers”) Terms and Conditions of Sale – Internet Bidders ? October 26, 2016 @ 12:00 Noon Lot # 1 - 31 are being sold by Order of the Supreme Court of the State of New York I.A.S. Part XXII Suffolk County In Re: Wendy Essenburg McEnerney v. Nikolas McEnerney Honorable Carol MacKenzie • Index No. 10815-13 1. Internet bidding will be hosted by ProxiBid. Please visit www.ProxiBid.com to register for this auction. 2. The Auctioneer sells everything "AS IS" and "WHERE IS" without any warranties whatsoever as to quality, condition or description. The only guarantee is to title. 3. Payments of the balance in full, in certified funds or wire transfer, is required to be paid in full by 1:00 p.m. on Monday, October 31, 2016. All instruments are to be made payable to Maltz Auctions. No credit card, debit card or e-payment will be accepted. 4. Shipping (to USA domestic addresses only): All items will be shipped via UPS Ground unless other arrangements are made between successful bidder and Auctioneer. In addition to the Bid Price and the Buyer’s Premium, the Successful bidder must pay $30.00 per guitar for packing, handling & materials plus actual shipping costs and insurance (required). Auctioneer will send invoices to successful bidders within 24 hours after the auction ends. Please call (516) 349-7022 x 204 at least 24 hours prior to the auction to request an estimate of shipping fees. No international shipping. 5. In the event of any disputed bid, the Auctioneer reserves the right to immediately put up for sale the said disputed item. 6. The Auctioneer reserves the right to sell in bulk, consecutive lot number order, or in any order he deems advisable. 7. The auction sheets and records of sale as set forth by the Auctioneer must be accepted as final by all buyers. 8. In the event that the buyer fails to comply with the terms of final payment and shipping as required above in Paragraph #3 & 4, the Auctioneer reserves the right to resell the items concerned, without any notice whatsoever to the buyer concerned. The buyer's deposit will be forfeited and he/she will remain liable for any deficiency as well as the cost and expenses incurred by such resale. 9. No allowances or adjustments of any kind will be made. 10. The Auctioneer is not bound by any actions or statements made by any other person other than himself. The Auctioneer does not guarantee the validity of any documents related to the authenticity of any items. 11. The sale is subject to confirmation by the Sellers and they reserve the right to refuse or accept any and all bids. 12. New York State Sales Tax, where applicable, will be collected as required by law. 13. IRS regulations require us to report all cash payments exceeding $10,000.00 from any one individual. 14. These Terms of Sale are read at the beginning of the sale and posted on the premises so that all prospective purchasers are deemed to have full knowledge of the same regardless of what time they entered the premises. 15. There will be no refunds, substitutions or exchanges of deposits/payments. 16. All internet bids are subject to an 18.5% Buyers Premium. Richard B. Maltz, Auctioneer, DCA # 1240836 ? David A. Constantino, Auctioneer, DCA # 1424944