Kevin Barker Auctions Ltd. 3484 Hwy. 35, Lindsay, ON K9V 4R1 705-328-1478 B 705-324-5510 F 705-878-2947 C auctioneer@kevinbarkerauctions.com www.kevinbarkerauctions.com Timed Online Auctions - Terms & Conditions By submitting your bid, you agree to and have read the Terms and Conditions below. The highest bidder is deemed to be the buyer. Any disputes with the bidding will be settled by the Auctioneer, and that decision will be final. All items sold through Kevin Barker Auctions Ltd. are sold "as is", "where is" and all sales are final. The sale price is subject to applicable taxes. A "Buyer's Premium" of 10% will apply on the hammer price for winning online bidders, subject to applicable taxes. Unless preauthorized by Kevin Barker Auctions Ltd. payment in full is due on closing of sale upon Invoice, and prior to pick up! The Buyer agrees sole responsible for all costs involved in picking up the items you purchase from the Vendor. All items are F.O.B. from sale location. Collection from the site is the Buyer's responsibility and must be done within 7 days from sale date, unless otherwise stated. Kevin Barker Auctions Ltd. and/or the Vendor does not provide packing/delivery services. Due to the COVID-19 pandemic we have implemented temporary measures in an effort to protect both our customers and staff. Pick up will be done by appointment only! Monday - Friday 10:00 a.m. - 4:00 p.m. April 22 - 29, 2020 Please call the office 705-328-1478 to book an appointment! Items may be viewed online as displayed on www.kevinbarkerauctions.com Alternatively in person pending prior arrangements. Due to the COVID-19 pandemic we have implemented temporary measures in an effort to protect both our customers and staff. Viewing may be done by appointment only! Monday - Friday from 10:00 a.m. - 4:00 p.m. April 14 - 20, 2020 Please call the office 705-328-1478 to book an appointment. Please note as we are limiting the number of people in or at our location at one time, please ensure you call to book an appointment for both viewing and pick up, details below. We will continue to monitor the situation and thank you for your co-operation in this regard! Whilst every effort has been made to provide reliable information, Kevin Barker Auctions Ltd. does not warrant the information contained herein and prospective purchasers must satisfy themselves by inspection as to its correctness. Description of items are based on opinions and information supplied to Kevin Barker Auctions Ltd., and should not be relied upon as statements or representations of fact. Kevin Barker Auctions Ltd. makes no guarantees, warranties or representations, expressed or implied with respects to the items for sale as to the accuracy of the pictures, descriptions or other descriptions of the authenticity, attribution, condition, origin, size, quality, rarity, importance, provenance, period, age or historical relevance. No statement, whether oral or written shall be deemed such a guarantee, warranty or representation. Kevin Barker Auctions Ltd. reserves the right to withdraw or consolidate items up for auction and reject any bid for any reason. The items auctioned remain the property of the Vendor and/or Kevin Barker Auctions Ltd. until payment in full has been made. Failure to comply with the terms and conditions could result in a fine and/or imprisonment! Kevin Barker Auctions Ltd. 3484 Hwy. 35, Lindsay, ON K9V 4R1 705-328-1478 B 705-324-5510 F 705-878-2947 C auctioneer@kevinbarkerauctions.com www.kevinbarkerauctions.com Timed Online Auctions - Terms & Conditions - Terms of Use Kevin Barker Auctions Ltd. Service Terms and Conditions, acceptance of Terms, Kevin Barker Auctions Ltd. the maker of Kevin Barker Auctions Ltd. Timed Online Auctions hereafter referred to as Kevin Barker Auctions Ltd., provides its service to you, subject to the following Terms and Conditions (‘TAC’), which we may update from time to time without notice to you. The most current version of the TAC can be found at any time by visiting our web site. Use and Registration, our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the direct supervision of your parents or legal guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC. Registration Obligations, in consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the ‘Bidder Information’) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Kevin Barker Auctions Ltd. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kevin Barker Auctions Ltd. has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. REGISTRATION & IDENTIFICATION At the time of registration, we may collect information about you to verify who you are before you can bid. We also may collect credit card information at any time to ensure that you are a qualified buyer. All bidders must be of legal age to bid. PAYING FOR YOUR PURCHASES There is no cost to register for an auction. Your credit card will not be charged unless you do not pick up during scheduled times. When an auction closes, if you are the winner, an Invoice will be emailed to you the next business day following the auction. If you do not pick up during the scheduled times, we will charge your credit card with the winning bid amount, plus applicable Buyers Premium and taxes, as stated in terms of auction. Buyer’s Premium: A 10% Buyer's Premium is in effect for this auction! WINNING NOTIFICATION & INVOICING All winning bidders will receive an e-mail with an attached invoice from kevinbarkerauctions.com the next business day following the close of the auction. At which time payment arrangements will be made. PICK UPS & REMOVALS Dates and times for pick up will be posted on our website. Do not bid if you are unable to have your items picked up. Any item not picked up during the posted pick up times or other arrangements made during the scheduled times will be considered an abandoned item. If you abandon an item, your credit card may be charged for the purchase price of the item plus the cost to remove, transport and disposal of the items. Items are sold ‘as is, where is’, with all faults. CONDITIONS OF ITEMS SOLD & OUR ONLINE CATALOGUE Our best efforts are made to represent all items accurately in descriptions and photographs, all descriptions believed accurate but not warranted; however, all items are ultimately sold on an 'as is, where is' basis, with all faults. Any references to items being sold with regards to signatures, autographs, description genuineness, authorship, age, rarity, provenance, condition, significance, source, origin, etc. are statements of opinion only. The bidder accepts full responsibility for determining the value and/or authenticity of the merchandise being sold. We strongly encourage all bidders to personally inspect and verify the condition of each item during the scheduled preview times. Kevin Barker Auctions Ltd. does not warrant any signature, artwork, autograph or Certificate of Authenticity. By placing a bid, the bidder signifies that they have examined the items to their satisfaction, or that they have chosen not to personally examine them. Some autographed memorabilia may have a Certificate of Authenticity. Kevin Barker Auctions Ltd. has no interest or relationship with any third party authenticators. Kevin Barker Auctions Ltd. is not responsible for the opinions of any third party authenticators. You should in no way rely exclusively on any such third party opinions without conducting your own due diligence prior to bidding. No responsibility is assumed by Kevin Barker Auctions Ltd. or the seller for any errors or omissions. Claims, no claims regarding goods purchased will be allowed. Bidders are reminded that all goods are sold on an 'as is, where is' basis, with all faults. PERSONAL & PROPERTY RISKS We will not be liable for damage or injury to individuals or their property. ADDITIONS & DELETIONS We reserve the right to remove, add or combine items and lots to the sale at any point during the auction. BUYERS The Buyer expressly agrees to indemnify and save Kevin Barker Auctions Ltd., the Seller and their assigns harmless from and against all claims, losses, expenses, damage or liability, directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of Kevin Barker Auctions Ltd., or anyone acting in his or her behalf in connection with or arising out of auction. All bidders/buyers must be of legal age. RESERVE Seldom are items sold with Reserve. If an item is being sold with a reserve, it will be clearly marked and identified. For items sold with a 'reserve', you will be required to pay a minimum amount in order to win the item. AUCTION RECORDS In the unlikely event of a dispute, you agree to accept as true the information/records of Kevin Barker Auctions Ltd. CATALOGUE ERRORS & OMISSIONS If a description does not match a picture in a lot, the description takes precedence. All items sold ‘as is, where is’ with all faults, no implied or given warranty or guarantee. All descriptions believed accurate but not warranted. Bidder inspection is encouraged. By placing a bid, bidder signifies that they have examined the items to their satisfaction, or that they have chosen not to personally examine them. EMAIL COMMUNICATIONS As per Canada's new anti-spam legislation (effective date July 1, 2014), we are required to secure your consent to communicate with you electronically. By registering for this auction, you are opting in to receive auction notices from Kevin Barker Auctions Ltd. You may withdraw your consent at any time by emailing auctioneer@kevinbarkerauctions.com with a subject line of ‘unsubscribe’. Your privacy is of the utmost importance to us, your email address will not be shared with any other party. Kevin Barker Auctions Ltd. reserve the right to reject any bid at the sole discretion of the auctioneer. For internet only auctions, Kevin Barker Auctions Ltd. reserve the right to cancel and/or reopen the auction in the case of system failures. By bidding you are acknowledging agreement with the terms above. Do not bid unless you agree to all of these terms. All items sold ‘as is, where is’ with all faults. THE WINNING BID The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid. END OF SALE AND PAYMENT After the sale has ended, the auctioneer will notify the winning bidders by email along with an Invoice the next business day following the close of the auction. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for items to the auctioneer in accordance with their Terms and Conditions. BUYER'S PREMIUM, TAXES AND DUTIES If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an item prior to bidding for it. PRIVACY It is mutually agreed that we do not sell or rent any of your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. Copyright all material and content as provided by the service is protected by Copyright and similar rights. You cannot use or make available any of that material for any commercial purpose. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside. DISCLAIMER OF WARRANTIES You expressly understand and agree that: a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Kevin Barker Auctions Ltd. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. b. Kevin Barker Auctions Ltd. makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. d. no advice or information, whether oral or written, obtained by you from Kevin Barker Auctions Ltd. or through or from the service shall create any warranty not expressly stated in the TAC. LIMITATION OF LIABILITY You expressly understand and agree that Kevin Barker Auctions Ltd., owner and/or representatives shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Kevin Barker Auctions Ltd. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you. INDEMNITY You agree to indemnify and hold Kevin Barker Auctions Ltd., owner and/or representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. LEGAL COMPLIANCE You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. By submitting your bid you agree and have read the Auctioneers' Terms and Conditions below. The highest bidder is deemed to be the buyer. Any disputes with the bidding will be settled by the Auctioneer, and that decision will be final. All items sold through Kevin Barker Auctions Ltd. are sold "as is", "where is" and all sales are final. The sale price is subject to applicable taxes and a 3% Administration Fee which will be charged to the credit card provided. Although Kevin Barker Auctions Ltd. does not charge a "Buyer's Premium", for the convenience of live online bidding there is a 5% Administration Fee on the hammer price for winning online bidders. Unless preauthorized by Kevin Barker Auctions Ltd.; A deposit of half the winning bid to a maximum of $10,000.00 Canadian funds whichever is less, will be processed to the Credit Card provided upon conclusion of the auction. The balance is due in full via electronic wire transfer of Canadian funds by 1:00 p.m. E.S.T. five (5) days immediately following the sale date by contacting Kevin Barker Auctions Ltd. by Email: auctioneer@kevinbarkerauctions.com, or phone 1-705-328-1478 Payment must be made in full prior to items being released to the buyer and shall be at the Buyer's risk immediately upon the conclusion of the sale. If the total purchase is $5,000.00 Canadian funds or less the full amount will be charged to the Credit Card provided upon conclusion of the auction. Note: there is a 3% Administration Fee on the total being charged for Credit Card payments. Kevin Barker Auctions Ltd. reserves the right to take payment by way of the credit card provided if the payment terms are not complied with. The Buyer agrees sole responsible for all costs involved in picking up the items you purchase from the Vendor. All items are F.O.B. from sale location. Collection from the site is the Buyer's responsibility and must be done within 10 days from sale date, unless otherwise stated. Kevin Barker Auctions Ltd. and/or the Vendor does not provide packing/delivery services. Items may be viewed online as displayed on www.kevinbarkerauctions.com Alternatively in person pending prior arrangements. Whilst every effort has been made to provide reliable information, Kevin Barker Auctions Ltd. does not warrant the information contained herein and prospective purchasers must satisfy themselves by inspection as to its correctness. Description of items are based on opinions and information supplied to Kevin Barker Auctions Ltd. ,and should not be relied upon as statements or representations of fact. Kevin Barker Auctions Ltd. makes no guarantees, warranties or representations, expressed or implied with respects to the items for sale as to the accuracy of the pictures, descriptions or other descriptions of the authenticity, attribution, condition, origin, size, quality, rarity, importance, provenance, period, age or historical relevance. No statement, whether oral or written shall be deemed such a guarantee, warranty or representation. Kevin Barker Auctions Ltd. reserves the right to withdraw or consolidate items up for auction and reject any bid for any reason. The items auctioned remain the property of the Vendor and/or Kevin Barker Auctions Ltd. until payment in full has been made. Failure to comply with the terms and conditions could result in a fine and/or imprisonment!