Special Terms
Payment: See Terms and Conditions under the Payment section.
1. Mound City Collectibles and Auctions LLC (hereafter know as Auctioneer/s) and those registering to bid or bidding in any auction held by Auctioneer (hereafter know as Bidder/s)By registering to bid or placing a bid you agree to be bound by all of these terms & conditions, and any other announced terms and conditions of sale or rules of this site. Announcements made the day of the auction shall take precedence over any previous written agreements, terms, conditions, or announcements of any kind.
2. Jurisdiction: The parties agree that bids placed on the Internet shall have the same legal effect as if they were in attendance at the auction in person. The parties agree that any action arbitration, award, claim, complaint, cost, damage, deficiency, demand, expense, indemnity, injury, judgment, liability, loss, obligation, penalty, and suit of every kind will be exclusively construed and governed in accordance with the laws of the State of Missouri, without regard to its conflict of laws principles. The exclusive jurisdiction and venue for any claim or controversy between the parties is ( St. Louis County, MO.)
3. Condition: All damages seen at time of listing has been identified. Common nicks, scratches and wear have not been called. If an item is found to be different than listed, it will be announced and no absentee or live bids will be entered on item. It is the bidders responsibility to determine overall condition before bidding on an item.
4. Grading: estimations on group lots of books not certified by the CGC are estimations only, and are provided as a rough guide to the approximate condition, not a professional grade and are not intended to determine precise value for a particular item or group of items. In no event shall Auctioneer be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value.
5. Payment: Cash, Checks (with proper identification),Visa, Discover, and Master Card Credit Cards are accepted, as well as wire transfers.
If your purchase is $1,000 and under (before applying the buyers premium) & you wish to pay by credit card, you will need to contact our office manager Lisa at (314) 600-8515 or by email at moundcityauctions@gmail.com after the auction to arrange payment.
Personal/Business Checks will be accepted but items will not ship until funds have cleared both banks. For checks from the Continental US this will be at least a 2 week period. Items shipping overseas will have to wait 1 month for funds to clear before shipment. All accounts must be settled at the conclusion of the auction.
All purchases over $1,000 must be paid by certified funds, cash, by using a personal or business check, or by wire transfer.
6. Risk: All persons attending the exhibition, sale, or removal of merchandise assume all risks of damage to person or property and specifically release and indemnify Auctioneer, their officers, employees, agents, assigns, and moundcityauctions.com from any liability.
7. All property is sold AS IS, and ALL SALES ARE FINAL, there are no returns, exchanges, or refunds. All items were made available for a Bidder/Buyer due diligence inspection. As a condition of bidding at this auction Bidder waves their right to a chargeback, and or a credit reversal and agrees that they will not charge back any credit purchase from any credit card of any kind. Property is open to thorough public inspection. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Auctioneer may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall Auctioneer be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value.
8. All Internet Bidders agree to pay a buyers premium equal to Eighteen Percent (18%) of the hammer price of each item they purchase. If the hammer price of an item is $100.00 the buyer's premium will be $18.00 for a total purchase price of $118.00. The in-house buyers premium shall be Fifteen Percent (15%). State sales tax law, if applicable, will be applied.
9. Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. Auctioneer shall endeavor to describe in detail each item and any pertinent information about it. Auctioneer shall not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold AS IS and that they may not return any item they purchase for any reason except an intentional and material misrepresentation of the item itself made by Auctioneer. Bidders sole remedy in the event of an intentional and material misrepresentation of an item shall be to return the item, at their expense and in the same condition it was shipped to them. If Auctioneer agrees that the item was materially and intentionally misrepresented Auctioneer will refund the Bidders purchase price to him/her. Bidder agrees that under no circumstances will Auctioneer ever be liable to Bidder for an amount greater than the purchase price of the item. Bidder agrees that Auctioneer shall be the sole judge if a Material Misrepresentation has occurred.
10. Auctioneer is providing Internet pre-auction and live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Bidder agrees to save and hold Auctioneer harmless regarding any kind of claim of any nature against Auctioneer if the Internet service fails to work correctly before or during the live auction. Auctioneer will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged are advised to use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. Auctioneer reserves the right to withdraw or re-catalog items in this auction.
11. The auctioneer shall advance the bidding at his own discretion. Auctioneer may withdraw any item before or during the auction. The record of the auction made by Auctioneer shall be conclusive.
12. Typical Bidding Increments:
0 - 100 = 10
100 - 500 = 25
500 - 1000 = 50
1000 - 2500 = 100
2500 - 5000 = 250
5000 - 10000 = 500
10000 - 25000 = 1000
25000 - 50000 = 2500
50000 - 100000 = 5000
The auctioneer has the sole and exclusive power, discretion, and authority to regulate the bidding and its increments, these bid increments are a guideline, but can be changed by the auctioneer at any time without notice. Auctioneer reserves the right to ignore off increment bids at his sole desecration.
13. If a check accepted by Auctioneer is returned for any reason bidder agrees that Auctioneer may re-present it in person or electronically and collect the amount of the check as well as the highest service charges and fees allowed under Missouri law. Any amount left unpaid shall accrue interest at the highest rate allowed under Missouri state law. Unless exempted by law, the purchaser shall pay any and all applicable taxes. Bidder agrees to indemnify Auctioneer against any claim if sales tax is not collected on Bidders purchases. Bidder agrees to not stop payment on any check paid to Auctioneer. Title to the merchandise transfers to Bidder only when Bidders payment has been honored.
14. Packing & Shipping: Auctioneer will provide free shipping & handling via Fedex Ground/Home and or, UPS Ground to all locations within the continental US. Shipping using another shipper, or to any location not within the continental US will be at the expense of the winning bidder. If you wish for your items to be shipped using an alternative method, you must contact us with your alternate method within 10 business days of the auctions close. All items will be insured for the purchase price. Any merchandise not removed by bidder may be moved and stored at bidders expense, resold at the next auction or disposed of in any other way Auctioneer deems to be suitable. Bidder shall have no claim to merchandise not removed by the date of the auction if shipping is not paid for within 30 days.
15. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. Should a dispute arise between Auctioneer and Bidder, Bidder waives any right to a trial or hearing in a court of law and agrees to settle any dispute through binding arbitration in Missouri. Bidder agrees to pay all of Auctioneers legal fees in any dispute with Auctioneer.
16. Auctioneer may refuse a buyer's number to anyone for any reason. Bidder agrees to provide any identification Auctioneer may request including but not limited to: drivers license, photocopies of credit cards, Social Security card or US Passport.
17. Delivery will be FOB destination.
18. Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Auctioneer shall endeavor to describe in detail each item and any pertinent information about it.
19. Auctioneer will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself.
20. Auctioneer is providing Internet pre-auction and live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Auctioneer or anyone else if the Internet service fails to work correctly before or during the live auction. Auctioneer will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the pre-bidding feature and leave their maximum bid 24 hours before the auction begins. Auctioneer reserves the right to withdraw or re-catalog items in this auction.
21. All accounts must be settled at the conclusion of the auction.
22. Missouri residents and those picking up their purchases in Missouri (excluding those with valid resale tax ID numbers) will be charged 8.491% sales tax.
23. Additionally, you agree by registering and participating in this auction that you will be bound by the general terms and conditions listed on the Auctioneers website at http://www.moundcityauctions.com/terms.html In the case of a conflict between the general terms and conditions and these terms and conditions these terms will prevail.
Mound City Auctions is providing in-house packing & shipping for this auction.
There will be a preview held on Friday, August 26th beginning at 12:00 PM (Central) at the auction location. This preview will run until 8:00 PM (Central) on the 26th.
From Airport: Exit from Lambert International Airport at the Main Terminal, proceed south on Air Flight Dr. underneath Highway 70, and make a left (East) on Natural Bridge Rd. Make a right on Woodson Rd, follow Woodson for about 1 1/2 miles. Make a right on Midland Blvd - the auction location is on the right side of the road. The auction is being held at American Legion Post 358, 9655 Midland Blvd, Overland MO. 63114. If you pass a sign being held up by two large bombs painted red, white, & blue, you've gone too far.
All items must be removed from the auction by no later than 8PM on the day of the auction. If this is not possible, you will need to make other arrangements for picking up/checking out in advance of the auction. Remaining items will be shipped.