Special Terms
CONDITIONS OF SALE
Please read these Conditions of Sale carefully. Other than as specified below, these Conditions of Sale contain all of the terms and conditions upon which Midway Coin and Collectibles (MCC) and the seller contract with the buyer regarding the MCC auction experience. They may be amended, from time to time and in the sole discretion of MCC, by posted and/or catalogue notices or oral announcements made by MCC prior to or during the sale. By bidding at auction, you agree to be bound by these Conditions of Sale.
1. BEFORE THE SALE
Except as stated in the Limited Warranty in Section 6 below, all property is sold in AS IS condition without any representation or warranty of any kind by or the MCC seller. Buyers are solely responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalogue entry.
(a) Examination of Property.
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Prospective buyers are solely responsible for carrying out inspections and investigations to satisfy themselves as to the lots in which they may be interested in. They are responsible for requesting/obtaining a condition report and/or additional photographs prior to bidding to determine an articles condition, size, and any other pertinent information. We strive to be fair and forthright with our descriptions and condition reports, however, bidders must understand, and hereby acknowledge, that antique items often show normal signs of use and wear, which might not be specified in a condition report.
(b) Condition Reports.
Condition reports are provided as a courtesy to interested clients to assist clients in performing inspection of the property. Prospective buyers should note, and hereby acknowledge, that descriptions of property are not warranties and that each lot is sold AS IS.
Our specialists will respond to condition report requests as quickly as reasonably possible, however, please be patient. We get many requests and we make every effort to respond to all of them in a timely fashion. MCC reserves the right to reject condition report/additional photograph requests for any reason.
(c) Catalogue and Other Descriptions.
All statements by us in the catalogue entry for the property or in the condition report, or made orally or in writing elsewhere, are statements of opinion only and are not to be relied upon as statements of fact. Such statements do not constitute a representation, warranty or assumption of liability by us of any kind. References in the catalogue entry or the condition report to damage or restoration are for informational and guidance purposes only. The absence of such a reference does not imply that an item is free from damage, defects, or restoration, nor does a reference to a particular defect imply the absence of any others. Unless otherwise stated, all dimensions are approximate and illustrations are for identification purposes only, and cannot be used as precise indicators of size or to convey full information as to the actual conditions of lots.
Please also refer to our Notices and Explanation of Cataloguing Practices in Section 6 below for additional information on our catalog listings.
(d) Selling Price Estimates.
Estimates of the selling price should not be relied upon as a prediction or statement that that is the price at which the item will sell or its value for any other purpose. Price estimates may be revised from time to time by MCC in our absolute discretion. Neither MCC nor any of our affiliated companies shall be liable for any difference between the pre-sale estimates for any lot and the actual price achieved at auction or upon resale.
Except as set forth in Section 6 (Limited Warranty) below, neither MCC or seller is responsible in any way for errors and omissions in the catalogue or any supplemental material.
(e) Reserves.
In certain instances, lots offered may be subject to a reserve, which is the confidential minimum price agreed upon by the seller and MCC below which an auction lot will not be sold. In all instances, unless otherwise indicated by posted or catalogue notices or oral announcements made by MCC prior to or during the sale, the reserve will not exceed the low estimate printed in the catalogue.
2. DURING THE SALE
Bidders are welcome to participate in a sale/auction via one of the following methods: (i) leaving absentee bids or, (ii) leaving a bid through our website. MCC has the right, at their complete discretion, to refuse participation in any auction and to reject any bid.
(a) Absentee Bids.
All absentee bidding is handled as though you are at the auction on line. All auctions are timed auctions on the Bid Spirit platform and will automatically advance your bids according to their policies, MCC is not liable or responsible for any errors or failure to do so. Please see Bid Spirits Terms and Conditions regarding absentee bidding.
All bidders should check and must comply with these increments. In case of failure to comply, we will increase each off-increment bid to the next higher figure. (NOTE: Absentee bids left via a third party online auction service provider as described below in Section 2(c) are sent to the auction house during the actual sale. There is no time advantage to leaving bids in this fashion.)
(b) Internet Bids via Bid Spirit.
You may also bid online via our third party online auction service providers. Currently, MCC uses Bid Spirit as its third party online auction service providers. You may access this online bidding option at URLs www.bidspirit.com.
Note that, as third party service providers, use of the such online bidding is subject to third party terms and conditions of service, which may be different than these Conditions of Sale. While MCC attempts to work with reputable service providers, MCC is not responsible for and has no control over the terms and conditions of its third party service providers. Use of Internet bidding through such third party sites is solely at your own risk. We encourage you to review such third party service providers terms and conditions of service carefully prior to registering and using their services.
MCC is not responsible for any equipment failure, inability to access the Internet or software malfunctions related to the execution of online bids.
Note also that submitting bids through the Internet via MCC third party online auction service providers may add an additional buyers premium and/or processing fee that will be included in the Purchase Price (as defined below).
(c) Bidding Process.
When making a bid, you are accepting personal liability to pay the Purchase Price, including the premium and all applicable taxes and other charges. The sale will be conducted in U.S. dollars and payment is due in U.S. dollars.
If you leave an absentee bid, absentee bids will be executed as if the bidder were present at the auction with the earliest bid received having preference in the event of a tie between absentee bidders. Bids are executed in competition with one another on an alternate basis; therefore, we cannot guarantee which will reach a certain point in the bidding first. You expressly acknowledge and agree that you are not guaranteed an item even if your bid matches the winning bid.
(d) Auctioneers Discretion.
MCC and the auctioneer have the right at their absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as they may decide, to withdraw or divide any lot, to combine any two or more lots and, in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to re-offer and resell the item in dispute. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder or to reoffer the lot in dispute. If any dispute arises after the sale, MCC sale record is conclusive.
(e) Successful Bid and Passing of Risk.
Subject to the auctioneers discretion, the highest bidder accepted by the auctioneer will be the buyer and the striking of the hammer marks the acceptance of the highest bid and the creation of a legally binding contract for sale between the seller and the buyer for the amount of the bid plus any premium, tax, or other charge. Failure to pay after becoming the winning bidder is a breach of such contract and MCC and the seller may take action against you as provided in Section 3(d) below. Risk and responsibility for the lot (including frames or glass where relevant) passes to the buyer at the striking of the auctioneers hammer accepting the highest bid and creating the contract between seller and buyer.
3. AFTER THE SALE
(a) Returns.
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There are no returns unless the picture does not match the item. If you believe this to be true, please contact us. We keep all of our pictures and are also on the Bid Spirit sight as well. You will need to send your item back to us, at your cost. We will then look at the item you sent to match against the item in the picture. If it is the wrong item or doesn't match a refund, including your shipping cost will be refunded to your account. Any attempts to defraud MCC will be reported to the proper authorities. We all make mistakes and if it is on our part, we will make it right.
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(b) Buyers Premium.
The buyer agrees to pay us, in addition to the hammer price of the lot, the buyers premium and any applicable sales tax, which are added to the total cost of your purchase (together, the Purchase Price). A buyers premium of 20.5% will be added to the successful bid price of each lot that you purchase. Third-party bid sites may charge you a fee in addition to the auction houses buyers premium. Buyers will be required to pay the State of Texas Sales Tax of 6.25% as well as the Bell County .05%, City of Harker Heights Sales Tax of 1.5% for a total of 8.25% at the time of payment unless the items are shipped out of Texas or the buyer provides MCC with a valid Tax Exemption Number with completed form.
(c) Payment
All successful bidders will be sent invoices by mail or e-mail the first business day after the auction. All property shall be paid for by the purchaser within five (5) business days of the sale. MCC Auctions accepts ACH transfer all other payment methods (Visa, MC, Discover, Apple pay, Google pay, etc..) are handled through Stripe with Proxibid we will use ATG Pay. All credit card payments must be submitted online via online credit card terminal and will incur a 3% surcharge fee. All First time buyers that spend more than $300 may be required to use ACH transfer. Please note our policy regarding payments from international buyers. The only acceptable method of payment for purchases made outside the U.S. is a bank wire/ bank transfer. There are other fees for ACH transfer fees and are the sole responsibility of the buyer. We will forward our bank wiring information after completion of the auction. We do not accept PayPal. Thank you for your understanding and cooperation.
MCC is not obliged to release a lot to the buyer until full payment has been received and appropriate identification has been provided, and any earlier release does not affect the passing of title or the buyers unconditional obligation to pay the Purchase Price
(d) Remedies for Non-Payment.
At our option, payment will not be deemed to have been made in full until we have collected funds represented by ACH transfer and we have confirmed their authenticity. If the buyer fails to make payment in full in good cleared funds within five (5) business days of the sale as required by Section 3(c) above, MCC shall be entitled in its sole and absolute discretion to exercise any one or more of the following rights or remedies (in addition to asserting any other rights or remedies available to us by law or in equity):
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(i) to charge interest at the U.S. prime rate as set forth in the Wall Street Journal on the day of auction or, if the auction is on a weekend, the business day immediately preceding the auction day, plus 2%;
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(ii) to charge the credit card on file, provided by the buyer upon registering for auction, plus 3% service fee for the transaction.
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(iii) to hold the defaulting buyer liable for the total amount due (i.e., the high bid on lot(s) plus buyers premium plus tax plus charges set forth in Section 3(e) below), and to commence legal proceedings to recover the hammer price, buyers premium plus tax for any/all lots, together with interest and the costs of such proceedings, including attorneys fees and costs to the fullest extent permitted under applicable law;
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(iiii) to cancel the sale and relist or resell any/all lots at auction, with the buyer liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages;
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(v) set off the outstanding amount remaining unpaid by the buyer against any amounts which we or any of our affiliated companies may owe the buyer in any other transactions;
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(vi) to not allow any bids at any upcoming auction by or on behalf of the buyer; and/or
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(vii) to take other action as we find necessary or appropriate.
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In addition, a defaulting buyer will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchasers obligations to us, any property in our possession owned by such purchaser.
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(e) Pickups
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There are no pick ups. All Items are sent Via USPS, FedEX, or UPS.
