169 West Church Street

Newark, Ohio 43055

Phone: 740.345.2932

Fax: 740.345.9638

www.HeiseyMuseum.org

This agreement is hereby entered into between (Please Print)

Owner / Consignor / Member______________________________________________________________

Address _______________________________________________________________________________

City ___________________________________________ State _______________ Zip ________________

Daytime Phone _____________________________ Fax or E-mail ________________________________

and Heisey Collectors of America, Inc., hereafter referred to as HCA, for glassware items consigned or donated for sale for the benefit of the National Heisey Glass Museum.

Auction Dates: April 9 & 10, 2010

Auction Location: BMP Local #244 Union Hall, 350 Hudson Ave., Newark, OH 43055

Consignments:

All items consigned for sale or donated are to be made by A. H. Heisey and Company or by other manufacturers using Heisey moulds. The owner/ consignor / member, hereafter referred to as the owner, agrees to accept all responsibility for providing merchantable title for all glass sold.

Each owner may consign a maximum of forty (40) lots to the auction. A list of glass being consigned or donated and prepared by the owner is attached as an integral part of this contract. There is no limit on the number of items in each lot, but HCA retains the right to increase / decrease size / make up of each lot. Each owner may donate an unlimited number of lots to HCA for sale at the auction. HCA, however, at its discretion, will consign donated items for auction, add donated items to the museum collection, and/or sell donated items in the museum shop.

The HCA Auction Committee is authorized to reject any glass not deemed acceptable to HCA standards for this auction. These items may be returned to the consignor if they desire, at their expense. Otherwise, these items become the property of HCA.

Commission:

Owners of glassware to this sale will be charged on the following sliding scale of commission per lot: $5.00-$50.00= 40%; $50.01-$200.00= 30%; $200.01-$400.00= 20%; $400.01-$750.00= 15%; $750.01 and over= 10%.

Settlement:

Settlement for glass sold will be made in full not later than fifteen days after the completed auction from the HCA Auction escrow account. Said account is set up and operated consistent with ORC Section 4707.024. Collection of funds, bad checks, debts, and unpaid auction lots is the responsibility of HCA.

Responsibility:

It is the responsibility of the owner to deliver the glassware to the National Heisey Glass Museum on or by January 15, 2010. HCA accepts responsibility for the glass after it is received at the Museum and until it is sold except that any glass damaged in shipment to the Museum will be referred to the shipper and owner. All glass damaged or lost while in the possession of HCA prior to sale will be valued by a qualified appraiser or appraisers and the owner will be paid on this basis, less commission.

Bidding:

The minimum opening bid on a lot will be at least $5.00. The minimum incremental bid increase will be $2.50. In the event no bid is received on a lot, that lot becomes a donation to HCA.

The owner and HCA both agree that absentee bids will be accepted by HCA. Per HCA policy, the minimum absentee bid on a lot will be $15.00 with a minimum opening bid of $5.00. Absentee bids are bids left by buyers prior to the auction and are executed in a competitive manner. We do not use the full bid amount as a starting bid. Bidding is initiated in the audience and then offered on behalf of the absentee bidder at the next increment continuously until bidding has stopped. HCA reserves the right to accept or reject any and all absentee bids. Example: Absentee bidder leaves a bid with a maximum amount of $500.00. After item is sold through competitive bidding, the absentee bidder is successful for $325.00. HCA is not responsible for misfiled bids that are not executed.

Absolute Auction:

All items are to be sold at an absolute auction and not at a reserve auction except HCA and the owner agree there will be a minimum opening amount (see Bidding above) on all lots without exception. Owners cannot bid or have others bid on their behalf on their own items.

“Absolute Auction “ and “Reserve Auction” as defined by ORC. 4707.01:

“Absolute Auction” means an auction of real or personal property to which all of the following apply:

1) The property is sold to the highest bidder without reserve.

2) The auction does not require a minimum bid.

3) The auction does not require competing bids of any type by the seller or an agent of the seller.

4) The seller of property cannot withdraw the property from auction after the auction is opened and there is a public

solicitation or calling of bids.

“Reserve Auction” means an auction in which the seller or an agent of the seller reserves the right to establish a minimum bid, the right to reject or accept any or all bids, or the right to withdraw the real or personal property at any time prior to the completion of the auction by the auctioneer.

General Auction Terms and Conditions:

1) Payment: Cash, travelers check, certified check or personal check (if approved by HCA). MasterCard and Visa cards are accepted. 5% buyers premium. Buyers premium deleted for cash or check payment. Cash only payment may be specified for individual bidders at HCA’s request.

2) HCA has endeavored to describe all items to the best of their ability, however this is not a warranty.

3) All items are sold as is and where is. The auctioneer has the right to make any verbal corrections at the time of sale and to provide additional information. Inspection is welcomed during preview and anytime before the item is sold.

4) In the case of a disputed bid the auctioneers have the authority to settle disputes to the best of their ability and their decision(s) is/are final.

5) The auctioneer has the right to reject any bid raise not in line with established bid increments.

6) All sales are final and all items must be paid for each day of sale.

7) Live telephone bidding may be available at HCA’s option and under special terms (contact HCA).

8) HCA is licensed as an auction firm by the Ohio Department of Agriculture and bonded in favor of the state.

9) HCA will provide auctioneers licensed by the Ohio Department of Agriculture and bonded in favor of the state.

10) Buyers assume full responsibility for items once they are sold unless otherwise specified by HCA.

11) Bidding on any item indicates acceptance of these terms.

OWNER SIGNATURE: _____ Date ___________

HCA REPRESENTATIVE SIGNATURE: _____ Date ___________