Guitars for Hope
Online and Live Auction Terms & Conditions

Guitars For Hope On-Line Auction: June 23 – July 19, 2006.
Guitars for Hope Live Auction: Friday, July 14, 2006.

WNED Studios
140 Lower Terrace
Buffalo, NY 14202
716-845-7000

Ticket information: $75 per individual. $125 per couple.
Contact Stacie Waddell at WNED – 716-845-7020.

All proceeds benefit: The Western New York Public Broadcasting Association (WNED), Kelly for Kids Foundation and Hunter’s Hope.

Project Contacts:

WNED:
Guitar sponsorship
Wendy Diina Ceppaglia 716-845-7000, x 371

Tickets & Gala Information
Stacie Waddell 716-845-7020

Web Auction
Shana Becker 716-845-7000, x336

Volunteers:
Lisa Napier 716-845-7025

Kelly for Kids:
Guitar sponsorship
Ann Brooker 716-204-1212, x 206

Auction Process
There are 60 guitars that have been created for the Guitars for Hope project. To date, five (5) have been sold. If you’d like to purchase a guitar and be confirmed to be the winner of it, a sponsorship level of $2500 is needed for regional artist guitars and $5000 for Celebrity & Premiere Guitars.
The Celebrity & Premiere Guitars that will be auctioned during the live auction on July 14th are:

All other guitars will be organized in groups, and sold on-line at various dates and times. The groups and schedules are as follows:

Round 1 - Wednesday, July 5th - 2pm

Round 2 - Friday, July 7th
Group A - 2pm
Group B - 4pm

Round 3 - Monday, July 10th
Group A - 2pm
Group B - 4pm

Round 4 - Wednesday, July 12th
Group A - Noon
Group B - 2pm
Group C - 4pm

Round 5 - Wednesday, July 19th (The week after the Gala)
Group A - 2pm
Group B - 4pm

Any unsold Guitars will be auctioned off in a silent auction at the Gala Event on Friday, July 14, 2006.

Bidding
Bids that are taken for celebrity and/or premiere guitars will be posted on-line and integrated into the live bidding event.

Bidding for Celebrity & Premiere Guitars will start at: $500 and is to be done in $50 increments.
Bidding for all other guitars will start at either: $100, $200 or $300 and is to be done in $25 increments.
Bids will not be posted until they are verified.

Whether placing a bid on the phone, via fax or via the internet, when placing a bid, bidders will be asked to provide the following information:

Full name, street address, city, state, zip code, phone number, alternate phone number, email, (when applicable) and credit card information. Visa, MasterCard, Discover and American Express are accepted.
Bids will be processed and verified in the order in which they are received. The Western New York Public Broadcasting Association (WNED), Kelly for Kids Foundation and Hunter’s Hope and guitarsforhope.com are not responsible for lost, interrupted or unavailable network, server or other connections, miscommunications, failed phone or computer hardware or software or telephone transmissions or technical failures, garbled or jumbled transmissions or other errors of any kind, whether human, mechanical or electronic, including without limitation the incorrect or inaccurate capture of information online, or for lost, late, incomplete, damaged, destroyed, delayed, or misdirected bids.

Terms and Conditions of Sale
The Western New York Public Broadcasting Association (WNED), Kelly for Kids Foundation and Hunter’s Hope (herein and hereafter referred to as the seller) advises buyers to read the Conditions of Sale as stated here, which form the contract of sale between the successful bidder (buyer) and the seller of the Guitar. By bidding, bidders are bound by the Conditions of Sale and agree to terms and conditions as outlined.

The property offered in this auction will be offered and sold by the seller, 501 (c) (3) entities. WNED will make available its electronic media facilities for the purpose of allowing bidding as part of the on-line auction of the Guitars. All transactions concerning the on-line auction using guitarsforhope.com facilities are subject to the following Terms and Conditions.

ALL PROPERTY IS SOLD "AS IS" AND NEITHER guitarsforhope.com NOR THE SELLER MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROPERTY AND IN NO EVENT SHALL EITHER OF THEM BE RESPONSIBLE FOR THE CORRECTNESS OF THE ONLINE CATALOG OR NOTICES OR DESCRIPTIONS OF PROPERTY, NOR BE DEEMED TO HAVE MADE ANY REPRESENTATIONS OR WARRANTY OF PHYSICAL CONDITION, SIZE, QUALITY, RARITY, IMPORTANCE, GENUINENESS, ATTRIBUTION, AUTHENTICITY, PROVENANCE OR HISTORICAL RELEVANCE OF THE PROPERTY. No statement in any online description, in any bill of sale invoice or elsewhere, shall be deemed such a representation or warranty or any assumption of liability.

Neither guitarsforhope.com nor the seller make any representation or warranty, expressed or implied as to whether the purchaser acquires any reproduction rights in the property. If you live in the Western New York area, prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored. The Western New York Public Broadcasting Association (WNED), Kelly for Kids Foundation and Hunter’s Hope and guitarsforhope.com are not responsible for lost, interrupted or unavailable network, server or other connections, miscommunications, failed phone or computer hardware or software or telephone transmissions or technical failures, garbled or jumbled transmissions or other errors of any kind, whether human, mechanical or electronic, including without limitation the incorrect or inaccurate capture of information online, or for lost, late, incomplete, damaged, destroyed, delayed, or misdirected bids.

Condition of the Guitars
Each Guitar is sold "AS IS." If you live in the Western New York area and are interested in buying a Guitar, you are advised to personally view the Guitar to evaluate the condition of the property offered for sale. Buyers are reminded that the Guitars have been on display since April and have been transported throughout the Guitars for Hope exhibition. They may show signs of wear. Each Guitar is 6 feet tall and weighs approximately 40 pounds, depending on the artist’s modification to the pieces.

Payment
Payment by credit card only is accepted (Visa, MasterCard, Discover and American Express). All charges must be approved by the seller and by Visa, MasterCard, Discover and American Express, as the case may be; in the case the charge is not approved, the buyer will nevertheless be liable to the seller for all sums incurred. It is the bidder’s responsibility to check the auction after it closes to see if they were the top bidder, and if their credit card was accepted. Each purchaser will receive a telephone call from a Guitars for Hope representative to verify sale of the Guitar and will receive written acknowledgement from WNED, within two weeks of purchase, for their tax records.

TAX DEDUCTIBILITY
For tax purposes, the value of each lot is deemed to be $1125. The portion of the purchase price that exceeds $1125 is tax deductible.

Removal of Property
Unless other arrangements have been agreed upon, all property will be moved to WNED Studios, 140 Lower Terrace, Buffalo, NY 14202. Buyer will be responsible to pick up their Guitar. WNED can be contacted at (716) 845-7000 ext. 371. Guitars must be removed from WNED property by July 30, 2006.

Shipment of Purchase
If your bid is successful, it is your responsibility to transport your guitar. If you are a successful high bidder and you live 200 miles or more outside of the area, WNED will make arrangements through UPS to ship your guitar to you at your cost plus a $100 shipping and handling fee. For delivery of guitars 200 miles or more outside the Buffalo, NY area, successful bidders will be able to consult a WNED representative at (716) 845-7000, x 371 to negotiate shipping fees. The packing and shipping of property by the seller is undertaken solely at the seller's discretion. Packing and handling of purchased guitars by the seller is at the entire risk of the purchaser. UPS and the Guitars for Hope team will take every care that your guitar arrives safely to the arranged destination, but is not liable for damages that may occur during transport.

Conditions of Sale for Benefit Auctions
The property offered in this sale is offered and sold by The Western New York Public Broadcasting Association (WNED), Kelly for Kids Foundation and Hunter’s Hope all 501(c) (3) entities. Any questions should be directed to the Western New York Public Broadcasting Association (WNED), Kelly for Kids Foundation and Hunter’s Hope ("sellers").

All persons participating in the on-line auction participate subject to the following terms and conditions, or any amendment thereto as posted by notices or oral announcements during the sale, and such terms and conditions shall govern the sale of all the property during the online auction.
1. (a) Neither guitarsforhope.com nor the seller assume any risk, liability, or responsibility for the authenticity of the authorship of any property offered at this auction (that is, the identity of the creator or the period, culture, source or origin, as the case may be, with which the creation of any property is identified).
(b) ALL PROPERTY IS SOLD "AS IS" AND NEITHER guitarsforhope.com NOR THE SELLER MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROPERTY, AND IN NO EVENT SHALL EITHER OF THEM BE RESPONSIBLE FOR THE CORRECTNESS OF THE AUCTION GUIDE OR NOTICES OR DESCRIPTIONS OF PROPERTY, NOR BE DEEMED TO HAVE MADE ANY REPRESENTATIONS OR WARRANTY OF PHYSICAL CONDITION, SIZE, QUALITY, RARITY, IMPORTANCE, GENUINENESS, ATTRIBUTION, AUTHENTICITY, PROVENANCE OR HISTORICAL RELEVANCE OF THE PROPERTY. No Statement in the auction guide, notice or description or made at the sale, in any bill of sale invoice or elsewhere, shall be deemed such a representation or warranty or any assumption of liability. Neither guitarsforhope.com nor the seller make any representation or warranty, expressed or implied, as to whether the purchaser acquires any reproduction rights in the property. Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored.
2. Any property may be withdrawn by guitarsforhope.com, or the seller at any time before the actual sale with out any liability thereof.
3. guitarsforhope.com, and the seller reserve the right to reject a bid from any bidder. The highest bidder acknowledged online shall be the purchaser once credit approval has been received. In the event of any dispute between bidders, the auctioneer shall have sole and final discretion either to determine the successful bidder or to reoffer and resell the article in dispute. If any arises after the sale, the seller's sale records shall be conclusive in all respects.
4. If the auctioneer determines that any opening bid is not commensurate with the value of the article offered, s/he may reject the same and withdraw the article from sale, and if, having acknowledged an opening bid, s/he decides that any advance thereafter is insufficient, s/he may reject the advance. At the closing of the final on-line bid time, the highest bidder shall be deemed to have purchased the offered lot subject to all of the conditions set forth herein and there upon (a) assumes the risk and responsibility thereof; (b) will pay the full purchase price thereof or such part as the seller may require.

Absentee Bids
If you are unable to attend the live auction on Friday, July 14, 2006 you may request a proxy bid which can be obtained by calling WNED at 716-845-7020.

Your high bid and personal information will be recorded. Your proxy bid will be used incrementally during the live auction, and will continue until your bid is exceeded, or results in your bid being the winning bid. In the event that you are the high bidder, full payment will be expected on a credit card.

Proxy bids may be placed up until 12 noon EST on Friday, July 14, 2006.

The seller will exercise written order bids received in person or by fax at 716-845-7081 only until 12:00 noon EST on Friday, July 14, 2006.

Should you have any additional questions, please call WNED – Guitars for Hope Project at 716-845-7000, ext. 371 or 716-845-7020.