BIDDER TERMS & CONDITIONS: AUCTION BUSINESS: This Auction is being conducted by: AARON JOSEPH, LLC dba AARON JOSEPH 644 McDonnell Drive, Suite 2, Tallahassee, Florida 32310 FL AB3775, hereinafter referred to as AARON JOSEPH. PRINCIPAL AUCTIONEER: Joseph F. Kikta, GPPA, CES FL AU4236, GA AU4108 AUCTION LOCATION: 644 McDonnell DR, STE 2, Tallahassee, FL 32310 JURISDICTION: The legal jurisdiction of this Auction is Leon County, Florida, USA, hereinafter referred to as JURISDICTION. PREVIEW DATE & TIME: Friday, June 25, 2021 | By Appointment. Call 850-778-3003 or email info@aaronjosephauctions.com to schedule an appointment. AUCTION BIDDING CLOSES: Saturay, June 26, 2021 | Lots Start Closing at 10:00 AM Eastern SALES TAX RATE: 7.5%, hereinafter referred to as SALES TAX RATE PICKUP DATE(S) & TIME(S): Wednesday, June 30, 2021 | 9:00 AM - 6:00 PM Eastern Time, hereinafter referred to as PICKUP DATE COVID-19 WARNING An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious virus that can cause severe illness which can lead to death. According to the Centers for Disease Control and Prevention (CDC), "Older adults and people who have severe underlying chronic medical conditions like heart or lung disease or diabetes seem to be at higher risk for developing more serious complications from COVID-19 illness." To help mitigate the spread of COVID-19, we require certain protocols to be strictly followed. In response to the White House Guidelines for Opening Up America and the CDC Guidance it recommends, we have taken enhanced health and safety measures to help protect You, our other Customers, our Staff, and Loved Ones each may be in contact with. Therefore: " Do not enter this facility if you have a fever, or are exhibiting any symptom of COVID-19 disease. " At this facility you must wear a mask at all times. " At this facility you must maintain 6 feet of distance from any person who does not cohabitate with you. " A non-invasive temperature check may be required to enter the facility. " Additional guidelines may be required as the response to COVID-19 unfolds. ANYONE NOT FOLLOWING THESE SIMPLE RULES WILL BE ASKED TO LEAVE THE PREMISES. By entering this facility you voluntarily assume all risks related to exposure to COVID-19. Further, you specifically hold AARON JOSEPH, LLC, its employees, officers, directors, and owner(s), as well as the property and merchandise owner(s) harmless from any and all liability due to exposure to COVID-19. Let's keep each other healthy and safe. These Terms & Conditions, amended by any published notice, whether posted, printed, or verbal, constitute the entire Terms & Conditions on which items in this sale will be offered and/or sold by AARON JOSEPH on behalf of any consignor of such items for whom we act as agent. By bidding at this auction, you are expressly agreeing to these Terms & Conditions. Further, by bidding you become party to a negotiation, and expressly agree that in the event that you are the high bidder, and the item or lot of items is declared sold, a contract for sale and purchase is created under the laws of the State of Florida. BIDDING: All bidders are required to register to bid, and receive a paddle number prior to bidding. As part of the bidder registration process, each bidder must attest that they have received, read, and understand these BIDDER TERMS & CONDITIONS. If you have any questions regarding these BIDDER TERMS & CONDITIONS, please ask during the registration process. By bidding at this auction, a bidder is creating a contract, enforceable under the laws of the JURISDICTION, in the State of Florida, United States of America. Bidding on an item will be considered sufficient evidence that a bidder accepts all conditions set forth in these BIDDER TERMS & CONDITIONS, and any conditions outlined on the day of the sale. Any individual bidding on behalf of, or as an agent of another individual or company, whether or not such agency is disclosed, and whether or not the identity of the Principal is disclosed, will be jointly and severally liable along with the Principal, under any contract created by the acceptance of a bid. The Auctioneer has the authority to accept or reject any and all bids. All bidding is in terms of United States Currency. The Auctioneer determines who the high bidder is. In the event of a "tie-bid", the Auctioneer may re-open the item between the tie bidders. The Auctioneer's decisions are final. BUYER'S PREMIUM: A 20% Buyer's Premium will be charged on all purchases. The Buyer's Premium is in addition to your high bid if you are the successful high bidder. For example, if you bid $100.00 at an auction with a 20% Buyer's Premium, and you are the successful high bidder, you will be invoiced $120.00 (Your $100.00 Bid + $20.00 for the Buyer's Premium). Please bid accordingly. There is never a fee to place a bid and no Buyer's Premium is charged unless you are the successful high bidder for a lot or lots at the auction, and are therefore the purchaser of the item(s). SALES TAX: Sales Tax at the SALES TAX RATE stipulated above (State & Local) will be collected on all sales made and delivered to you or to any agent picking purchases up on your behalf. The rules of the State Department of Revenue for the JURISDICTION require that Sales Tax be charged on the total invoice price including Buyer's Premium. The buyer will be responsible for any out of state sales tax due on items shipped. Buyers purchasing items for Resale, or Tax Exempt Bidders, are required to provide a current Resale Certificate, or Tax Exempt Certificate, prior to each Auction - so that invoices can be calculated correctly. Sales Tax cannot be removed from an invoice without a current Resale or Tax Exempt Certificate. NO WARRANTY: All items are sold "As-is, Where-is" with no warranty express or implied. Time has been made available prior to each Auction for a preview of the items to be sold. It is the buyer's responsibility to carefully inspect the items prior to the Auction to determine condition, authenticity, and/or usefulness. Most items offered for sale are used and may contain defects not immediately detectable. Bidders are encouraged to inspect the property prior to bidding. Bidders must adhere to the preview and inspection exhibition dates and times posted. All sales are final. Some items in this sale may contain symbols that are considered to be objectionable. These symbols include the Nazi Swastika and the Confederate Flag. These items are sold for their historic value, and not to promote an ideology. Many of our U.S. War Veterans carried items back with them as the 'Spoils of War', and to commemorate their victories. We at Aaron Joseph, LLC believe that these veterans and their families are owed a great debt for their sacrifices, and provide them with the ability to market their items. By bidding on these items, you affirm that you are intending to purchase these items for their historical value, or to use them in reenactments, and not for the purposes of promoting any hate group or ideology, especially those that these veterans fought so hard to vanquish. DESCRIPTIONS AND PHOTOGRAPHS: Item descriptions or photographs are not to be used in lieu of a personal inspection of an item. Any statement written or verbal, in the catalog, on a condition report, on an invoice, on a bill of sale, or stated before, during or after the auction, or written or stated elsewhere, as to physical condition, history or provenance, origin, age, culture, source, measurement, size, weight, fineness, quality, imperfections or damage, authorship or artistry, usefulness, rarity, importance, historical relevance, where an item has been displayed, exhibited, or previously sold, or as to the items value or any other feature of the item are statements of opinion and not representations or warranties. No employee, agent, or auctioneer of AARON JOSEPH is authorized to make any representation or warranty on behalf of AARON JOSEPH or on behalf of the consignor regarding any item. UNITED NATIONS COMPLIANCE STATEMENT REGARDING THE KIMBERLEY PROCESS. For any product fabricated from rough diamonds mined from January 1, 2003 onward, AARON JOSEPH certifies that the diamonds have been consigned from legitimate sources not involved in funding conflict and in compliance with United Nations Resolutions. AARON JOSEPH hereby guarantees that these diamonds are conflict free, based on personal knowledge and/or written guarantees provided by the consigner of these diamonds. For any product fabricated from rough diamonds mined prior to January 1, 2003 AARON JOSEPH warrants that conflict diamonds will not be knowingly sold and that AARON JOSEPH, to the best of our ability, will undertake reasonable measures to help prevent the sale of conflict diamonds in this country. GEMSTONE ENHANCEMENTS: For centuries, gemstones have been treated to enhance their appearance. The very act of cutting and polishing a gemstone can be considered a treatment. Some of these treatments are temporary, and some are permanent. Which treatment(s) are used on a gemstone depends on the gemstone itself and the desired enhancement. These treatments include, but are not limited to: heating, oiling, irradiation, dyeing, impregnation & stabilization, bleaching, coating, diffusion, filling, and laser drilling. At AARON JOSEPH, we strive to disclose all known treatments to diamonds and gemstones. However, some treatments are not readily detectable. Please assume that ALL diamonds or gemstones are treated in some way, whether described or not. LANGUAGE: The language spoken at AARON JOSEPH is American English. In many cases however, we do try to accommodate the spoken language(s) of our bidders. Although AARON JOSEPH may in certain cases have an employee or employees who speak other languages, AARON JOSEPH is not responsible for errors or damages caused by language, including misinterpretations, or incorrect pronunciation. By registering to bid and bidding at our auctions, you attest that you assume full responsibility for all communication, and will secure the services of an interpreter if necessary. NO REFUNDS: AARON JOSEPH does not give refunds. AARON JOSEPH, in its role as sales agent for individuals, estates, trusts, public and private institutions, and other individuals and entities, sells consigned property. Bidders are encouraged to carefully inspect all items prior to bidding. All items offered for sale are available for preview and inspection prior to the sale. By registering for a sale and bidding on an item or lot, you are representing that you or your agent have examined the item as fully as you desire, and are specifically waiving any rights to rescind your final bid after the item or lot is declared sold, or to rescind the contract created as a result of the auction sale. IDENTIFICATION: A government issued photo ID or Passport is required at the time of registration. All Bidder Registrations by mail or email must be accompanied by a copy of the photo ID or Passport. No Bidder Registration Form will be processed without an accompanying ID or Passport. DEPOSIT: A valid credit card is required at the time of registration in lieu of a cash deposit. If you are bidding on our HiBid website, this card will be processed for your total invoice immediately following the auction, unless you express your desire to use a different payment method PRIOR TO THE AUCTION. All other winning bidders will be invoiced, and therefore given an opportunity to use a substitute method of payment. A Bidder Registration will not be processed without a deposit. If you do not wish to provide valid Credit Card Authorization form containing valid credit card information as a deposit, you may submit a$2,500.00 USD deposit by cash or wire transfer prior to the auction. In the event that you are a successful purchaser at the auction, your deposit will be applied to your invoice total. If your deposit is in excess of your invoice total, any overage will be refunded to you. In the event that you are not a successful purchaser at the auction, your complete deposit will be refunded to you. PAYMENT: All invoices must be paid in full within 5 days of the auction. Acceptable forms of payment will be: Cash in United States Currency, Visa, MasterCard, Discover, American Express, or Wire Transfer. ALL items invoiced to a bidder must be paid for in full prior to the bidder receiving ANY of the items purchased. The purchaser grants AARON JOSEPH and the consignor(s) a security interest in the property purchased. AARON JOSEPH may retain as collateral security for the purchaser's obligations to us, all items identified on the purchaser's invoice(s), along with any payment(s) received from the purchaser, and any other item(s) AARON JOSEPH may possess, belonging to the purchaser, until such time that the purchaser's obligations for payment to AARON JOSEPH are satisfied. AARON JOSEPH and the consigner(s) retain all rights as a secured party under the laws of the State of Florida. By registering and Bidding at this auction, you agree that if on the sixth (6th) day following the sale, your invoice is found to be unpaid, that the payment is late, and you specifically authorize AARON JOSEPH to charge the credit card that you used as a registration deposit, in a single transaction or in multiple transactions, until the balance owed to AARON JOSEPH is paid in full, at the full Buyer's Premium rate, regardless of any arrangement made to pay otherwise. Any invoice remaining open after 60 days, will be charged interest at a rate of 0.5% per month beginning on the 61st day. REMEDIES FOR NON-PAYMENT OR NON-COMPLIANCE: AARON JOSEPH and the consignor(s) reserve the right to use any and all remedies for non-payment or for non-compliance with these Terms & Conditions, afforded to us by law. In addition to any such remedy or remedies available to us, including without limitation, the right to hold the purchaser liable for the purchase price, AARON JOSEPH may at its sole discretion and option: (a) compel specific performance and hold the purchaser liable for the full invoice price, (b) cancel the sale, retaining all payments made by the purchaser as liquidated damages and not as a penalty, or (c) resell any item or lot of items by public or private sale and hold the purchaser liable for all damages, including the difference between the invoice amount and the bid price realized when the item(s) are resold, all costs for resale, including our commission at our customary rate, and other damages incurred, including storage costs, sale expenses, and attorney fees. REPORTING OF CASH PAYMENTS: In order to comply with the United States, Internal Revenue Service (IRS) and the United States Financial Crimes Enforcement Network (FinCEN) rules, AARON JOSEPH will file a Form 8300 to report all transactions or related transactions that involve the receipt of Cash or Cash Equivalents where the total of the Cash or Combination of Cash and Cash Equivalents received in the transaction or related transactions is in excess of $10,000.00. Wire Transfers and Credit Card payments are not considered Cash Transactions. AARON JOSEPH is not required to report: 1. Non-Cash transactions such as Wire Transfers and Credit Card payments, 2. Cash and/or bank issued instrument Transactions of $10,000.00 or less, or 3. transactions where a bank issued instrument is received in excess of $10,000.00 and Cash received in the same transaction or related transactions is $10,000.00 or less. If, based on your method of payment, reporting it required, by registering for and bidding at this auction, you agree to assist AARON JOSEPH fulfill their reporting requirement by accurately completing FinCEN Form 8300 and providing your Taxpayer Identification Number. If you are a nonresident alien individual or a foreign organization that: 1. does not have income effectively connected with the conduct of a United States trade or business, 2. does not have an office or place of business or a fiscal or paying agent in the United States, 3. does not file a United States Federal Income Tax Return, 4. does not furnish a United States Withholding Certificate, 5. does not furnish a Taxpayer Identification Number on any return, statement, or other documents as required by the United States Income Tax Regulations, or 6. if as an individual you have not chosen to file a joint United States Federal Income Tax Return with a spouse who is a United States Citizen or Resident, then you are not required to provide a Taxpayer Identification Number. However, the transaction must still be reported on Form 8300, the address must be that of the foreign address, and a government-issued identification must be provided, such as a Passport. RESERVE: All items are subject to a reserve or minimum bid, unless otherwise stipulated. The reserve is the lowest amount the seller is willing to accept for the item or lot. AARON JOSEPH personnel, or the auctioneer, will bid on behalf of the seller up to the reserve. The reserve will never be higher than the low auction estimate. LIVE ONLINE BIDDING: You may bid at our auctions, utilizing our online bidding platform at https://www.auctions.aaronjosephauctions.com or on any online bidding platform accepting bids for our auction. You must register for each auction in which you would like to bid. If using an online bidding service, a bidder must in addition to accepting and following the TERMS & CONDITIONS herein outlined, accept and follow the Terms & Conditions set forth by the online bidding service. Following the close of the auction, bidders will receive an invoice for their winning bids, including Buyer's Premium and Sales Tax, due and payable immediately. Bidders utilizing our online bidding platform at https://www.auctions.aaronjosephauctions.com will have the credit card submitted at the time of registration processed immediately following the auction, for the total of their invoice unless a request is received PRIOR TO THE AUCTION to use a different payment method. AARON JOSEPH assumes no liability for damages incurred by the failure or disruption of online services. PRE-BIDDING: Pre-bidding may be available through online bidding services. Pre-bidding is subject to the same TERMS & CONDITIONS as those set forth for Online Bidding. ABSENTEE BIDDING: If you cannot be present at an auction to bid in person, and do not wish to bid Live Online, or as a Telephone Bidder, you may still participate at the auction by participating as an absentee bidder. To participate as an absentee bidder, you must register prior to the day of the auction by filling out the Absentee/Telephone Bidder Registration Form and Charge Card Authorization Form at our customer service desk during or before the exhibition, or you may contact us at info@aaronjosephauctions.com or call 850-778-3003 to submit the forms electronically. After your registration is processed, our staff will provide you with a bidder number paddle. This paddle will allow a proxy bidder from our staff to bid on your behalf up to the maximum bid that you indicated on your Absentee/Telephone Bidder Supplement Form(s), at the auction for which you are registered. You must register for each auction in which you would like to bid. Bidding on an item will be considered sufficient evidence that an Absentee Bidder accepts all conditions set forth in these BIDDER TERMS & CONDITIONS. In the event of a tie bid between an Absentee Bidder and a bidder who is actively bidding, whether in-person, on the telephone, or online, the actively bidding bidder will prevail. When submitting an Absentee Bid, the bid amount should be the highest amount that you are willing to bid prior to the addition of the Buyer's Premium or Sales Tax. A proxy bidder will actually bid on the item in open and competitive bidding, with the goal of purchasing the item on your behalf at the lowest possible bid. Therefore, the final bid on an item may be less than the amount of your bid. Maximum bids on your Absentee/Telephone Bidder Supplement Form(s) must be represented in U.S. Dollar amounts, following the standard bid increment table described herein. "Buy" bids will not be accepted. By registering and bidding as an absentee bidder, you attest that you understand that the buyer's premium and sales tax, herein outlined will be in addition to your successful high bid, and will be added to your successful high bid on your invoice. The opening bid on an item with absentee bids shall be: 1) in the case of 3 or more absentee bids, the median bid lowered to the standard bid increment, 2) in the case of 2 absentee bids, the lower of the 2 bids lowered to the standard bid increment, 3) in the case of 1 absentee bid, one-half of that bid lowered to the standard bid increment, and 4) in the case of a lot with a reserve, the reserve amount (if the absentee bid is equal to or higher than the reserve). However, in no case will the opening bid be lower than one half of the low auction estimate. TELEPHONE BIDDING: If you cannot be present at an auction to bid in person, and do not wish to bid Live Online, you may still participate at the auction by participating as a telephone bidder. To participate as a telephone bidder, you must register prior to the day of the auction by filling out the Absentee/Telephone Bidder Registration Form and Charge Card Authorization Form at our customer service desk during or before the exhibition, or you may contact us at info@aaronjosephauctions.com or call 850-778-3003 to submit the forms electronically. After your registration is processed, our staff will provide you with a bidder number paddle. During the auction, one of our Telephone Bidding Clerks will attempt to telephone you at the telephone number that you have given us on the Absentee/Telephone Bidder Registration Form, prior to the lot(s) you have indicated on your Absentee/Telephone Bidder Supplement Form being sold. Our Telephone Bidding Clerk will bid on your behalf, as you instruct them by telephone, using your bidder number paddle, at the auction for which you are registered. You must register for each auction in which you would like to bid. By registering and bidding as a telephone bidder, you affirm that AARON JOSEPH is not responsible for failures in telecommunication services, dropped calls, or issues with call quality, nor for human error, omission, or oversight. Further, you hold AARON JOSEPH, its employees, its agents, and the auctioneer(s) harmless for any damages that might arise from any such failure. Further, you attest that understand that if you are not available to receive the telephone call from AARON JOSEPH on the day of the auction, your bids will not be represented. Telephone calls from AARON JOSEPH may come from various telephone numbers and various area codes. However, if we are unable to reach you by telephone, and you have also entered a Maximum Bid on the Supplement to this Registration Form, you authorize AARON JOSEPH to bid on your behalf up to that maximum bid, under the same rules that apply to absentee bidders. ITEM PICKUP: All items are to be picked up by the buyer on the PICKUP DATE, or at a time pre-arranged with AARON JOSEPH, after full payment of the invoice. It is the purchaser's responsibility to arrange with the AARON JOSEPH in advance if an item must be picked up at another time. SHIPPING: Since many buyers choose to pick up their purchases in-person at the auction location, AARON JOSEPH has no way of knowing whether or not a specific purchaser wants their items shipped. Therefore, it is the buyer's responsibility to contact AARON JOSEPH to arrange shipping. . All items will be shipped through Pak Mail, 1563 Capital Cir SE, Tallahassee, FL 32311, (850) 309-7225. Payment for packing and shipping your items will be made directly to Pak Mail. You also have the option to hire a third party shipper of your choice, to pick up, pack, and ship your items. Shipping of items that do not meet USPS or UPS size and weight requirements MUST be arranged through a third party shipper of your choice. AARON JOSEPH does not make shipping arrangements with third party shippers, nor do we crate, palletize, or strap items. Costs associated with the packing and shipping of an item are the responsibility of the purchaser. Buyers will receive an invoice including all charges for packaging, insuring, and shipping items. Please allow up to 10 business days after receipt of payment, and verification of the receipt of funds, for your purchases to ship. Shipping charges must be paid in advance - No CODs will be shipped. AARON JOSEPH does not assume any responsibility for lost or damaged items. Items may be picked up in-person or by a third party shipper at the auction location only during the dates and times specified above. Please be clear with third party shippers that AARON JOSEPH employees are not at the location outside of these times. Also, please be clear that there is no loading dock, forklift, or loading assistance. AARON JOSEPH will only ship to the address given at registration - that is associated with the credit card used for payment. All items shipped by AARON JOSEPH will be insured for the final invoice amount, including the Buyer's Premium and Sales Tax., and will be shipped with tracking. It is the buyer's responsibility to request tracking numbers for their shipment. Any claims for damaged or lost items are to be handled by the buyer, through the USPS, UPS, or their third party shipper as all sales are final. REMOVAL OF LOTS FROM A SALE: AARON JOSEPH will make all reasonable efforts to have all items advertised, available for sale. However, there may come an occasion that an item must be removed from the sale, or items must be combined into lots. AARON JOSEPH assumes no liability for damages incurred by the removal of an item from a sale or from lotting items together. AUCTION ESTIMATES: Any Auction Estimate is only an approximation of what AARON JOSEPH believes the item could bring at Auction, based on its experience, and sales data from similar items. Auction Estimates are NOT Appraisals, and are not to be used as the value of an item. Auction estimates are subject to revision. RECORDING: At AARON JOSEPH, all auctions are recorded for accuracy. In addition to an audio and/or video recording of the auction sale, still photos, video, and audio recording may occur throughout the AARON JOSEPH facility, including the gallery room, reception area, the sale room, the cashier's station, and for your protection, a photo may be taken at registration. By attending this auction, you grant AARON JOSEPH exclusive rights to any photograph(s), video(s), and audio recording(s) that may contain your image or voice. Further you grant AARON JOSEPH authority to utilize said photograph(s), video(s), or recording(s) in its marketing efforts. LIMITATION OF LIABILITY: By Bidding, the Bidder agrees to hold AARON JOSEPH, its employees and associates, and the Auctioneer harmless for errors & omissions. Further, the Bidder agrees to hold AARON JOSEPH, its employees and associates, and the Auctioneer harmless, as agents of the seller, for issues arising from the transfer of title of goods purchased. ALL ITEMS ARE SOLD "AS-IS, WHERE-IS". AARON JOSEPH NOR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE: (1) MERCHANTABILITY, FITNESS, OR CONDITION OF AN ITEM, OR (2) AS TO THE CORRECTNESS OF THE DESCRIPTION OF ANY ITEM, GENUINENESS OF AN ITEM, ATTRIBUTION TO A PARTICULAR ARTIST OR AUTHOR, PROVENANCE, OR PERIOD OF THE ITEM, OR (3) AS TO WHETHER THE PURCHASER ACQUIRES ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN ITEMS PURCHASED, OR (4) AS TO WHETHER A WORK OF ART IS SUBJECT TO THE ARTIST'S MORAL RIGHTS, ROYALTIES, OR OTHER RESIDUAL RIGHTS OF THE ARTIST. THE PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL AARON JOSEPH, ITS EMPLOYEES, AGENTS, AND/OR AUCTIONEERS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, INCIDENTAL, OR CONSEQUENTIAL DAMAGE. SELLERS: Sellers are NOT permitted to bid on their own items, nor are they permitted to have an employee or agent bid on their behalf, except AARON JOSEPH is permitted to bid on behalf of the seller, up to the amount of a reserve. EMPLOYEES & ASSOCIATES: Employees and associates of AARON JOSEPH are permitted to purchase lots at competitive bidding under the same terms, rules and regulations as the general public. ARBITRATION: In the event that a dispute arises from an Auction under these TERMS & CONDITIONS, the Bidder agrees to resolve the dispute through Binding Arbitration, whereby the prevailing party is entitled to reimbursement of their legal fees by the opposing party. VENUE: By bidding at this auction whether in person or by agent, absentee bid, online, by telephone bid, or other means, the bidder agrees that the contract created by these conditions of sale is made and performed in the JURISDICTION listed above. Any dispute arising from this Auction will be resolved in, and under the laws of the JURISDICTION. SEVERABILITY: AARON JOSEPH and the Bidder agree that if any portion of these TERMS & CONDITIONS is deemed unenforceable or invalid, the remainder of the TERMS & CONDITIONS shall remain enforceable and valid. FORCE MAJEURE: If AARON JOSEPH is delayed or prevented from the performance of any act required under the Agreement by reason of any act of God, act of nature, including any epidemic, or outbreak of pandemic disease, fire, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance in obtaining raw material, energy, or other supplies, labor disputes of whatever nature or whatever reason beyond the control of AARON JOSEPH (a "Force Majeure Event"), performance of such act shall be excused for the period of such event, provided that if such interference lasts for any period in excess of 60 days, either party may, by written notice to the other, terminate the transaction. ENTIRE CONTRACT: This Agreement and any documents and instruments that may be referred to herein constitute the entire contract between the parties to this Agreement and supersede all other understandings, written or oral, with respect to the subject matter of this Agreement.