11/1/19 Modern Toy & Collectibles Auction TS140

*Please Note* - Lots may be added to or removed from Catalog and Catalog order may change before LIVE portion of sale begins. All Sales are FINAL. Items Are Sold As Is, Where Is. Item descriptions are the opinion of the auctioneer or or consignor and in no way represent expert opinion or appraisal. Please ask any questions before bidding, view the description and photos for each item carefully and use your expertise and knowledge when bidding. Item descriptions are the opinion of the auctioneer or or consignor and in no way represent expert opinion or appraisal. TERMS & CONDITIONS 1. UNDERSTANDING THE TERMS & CONDITIONS OF SALE. The following conditions of sale make up the entire terms and conditions on which items listed in our catalog and addendum sheets will be offered for sale or sold by Christopher Noon, Auctioneer (known hereafter as 'Auctioneer') and any client for whom we act as an agent. Any notices, posted or oral during the sale, are also part of our condition of sale agreement. These are the conditions of the sale. Acceptance of a bidder card or a bidder number constitutes acceptance of the following terms and conditions. The purchaser's rights and our respective rights and obligations hereunder are governed by PA State law. By bidding at our auction whether in person or by agent, sealed bid, electronic, or other means, the buyer or bidder agrees that the contract created by these conditions of sale is made and performed in the County of Lehigh, Commonwealth of Pennnsylvania agrees that should any dispute arise from this contract the jurisdiction for contractual disputes is Lehigh County. 2. BUYER'S PREMIUM AND SALES TAX. All bid prices “hammer prices” (means the price at which a lot is sold or 'knocked down' to the purchaser) will be subject to a buyer’s premium 10% if live or absentee bid or 15% if webcast bid via Proxibid payable by the purchaser. This is not an aggregate percentage on the total items bid rather a per item percentage rate. The premium is added to your successful bid and the two together equal the total purchase price. The tax is computed on the total purchase price. To establish a tax free sale, a copy of a valid reseller's permit or other instrument of information must be provided to our satisfaction establishing a sales tax exemption. Any purchaser claiming an exemption yet unable to provide proof will be required to pay the tax to us. Generally, all items shipped out of state are tax free sales. We have been authorized by the consignor to retain as part of our remuneration, the buyer’s premium payable by the purchaser. 3. METHOD OF PAYMENT. Payment for all online sales will be made via MasterCard, Visa or Discover. NOTE TO FOREIGN BUYERS: Method of payment will be U.S. currency. 4. TERMS OF PAYMENT. At the announcement of “SOLD”, highest bidder will have purchased offered lot. All sales are final at the fall of the Auctioneer’s hammer or at announcement of 'sold'. This purchase is subject to all the terms and conditions set forth herein. The purchaser assumes full responsibility for all purchases. The purchaser further agrees to pay the purchase price, buyer’s premium and any applicable taxes. All items purchased by successful bidders must be paid for in full the day of sale. All property must be removed from our premises at the purchaser’s expense no later than five days following the date of sale unless otherwise agreed. If the property is not removed, it may be transferred to a public warehouse for the purchaser at the purchaser’s risk and expense. Absentee Bidders: In order to expedite notification of your bidding all clients will be notified via email, Proxibid notification or in rare situations by telephone to notify you that you were successful. We retain all rights of a secured party. Whenever the purchaser pays only a part of the total price for one or more lots purchased, we may apply such payments, at our sole discretion, to the lot or lots we choose. Payment will not be deemed made in full until we have collected all amounts due in cash on good funds (by our definition). If the conditions of sale are not complied with, in addition to remedies available to us and the consignor by law, we hold the purchaser liable for the purchase price, 10 or 15% buyers premium (depending on how bid was placed), and applicable sales tax, we at our option may either (1) cancel the sale, retain as liquidated damages all payments made by the purchaser or (2) resell the property either publicly or privately, and in such an event the purchaser shall be liable for the payment of any deficiency plus all costs and expenses of both sales and our commission at our standard rates. The purchaser is also responsible for all other charges due hereunder attorney’s fees and incidental damages, etc. 5. INTEREST AND DEFAULT. Payment is due upon receipt of invoice. If the buyer's invoice is not paid in full within 15 days of the auction, Auctioneer has the right and will charge the buyer's credit card of record on file for the total invoice amount. Interest will be charged on all balances not paid at the rate of 1-1/2% (18% APR) effective 15 days from the date of purchase/auction. Should the buyer not comply with any of the Terms and Conditions of Sale, the damage recoverable from the defaulter shall include any loss arising on the resale of the lot, together with the charges and expenses in respect of both sales, interest from the date of the sale as well as any legal or collection fees incurred. Auctioneer shall hold any money deposited in partial payment on account of any liability of the defaulted item and will apply it at the sole discretion of Auctioneer to the outstanding debt. 6. WITHDRAWAL. We reserve the right to withdraw any property prior to sale. 7. PROTESTS, DISPUTES AND THE AUCTIONEER. We reserve the right to reject a bid from any bidder for any reason allowed under Federal laws or the laws of the Commonwealth of Pennsylvania, or no reason at all. The highest bidder, acknowledged by the auctioneer, will be the purchaser. The Auctioneer shall have sole and final discretion as to the disposition of any dispute including the re-offer and resale of any article in dispute. Any dispute after the sale our records will be deemed conclusive in all respects. 8. If we are prevented by fire, theft, or any other reason from delivering any property to the purchaser, our liability shall be limited to the sum actually paid therefore by the purchaser and shall in no event include any incidental or consequential damages. 9. GUARANTEE. All property offered for sale is as is, where is. Auctioneer does not guarantee or make warranties on any lot sold. Descriptions in the catalog are opinion. They are written as an aid to potential bidders. We make every attempt and effort to make the given information correct and true, we also acknowledge that there may be errors in what is written. We strongly recommend you personally view any item you bid on or have an acknowledged expert view the item. Statements of condition are opinions, not statement of fact or guarantees. Auctioneer is not and makes no inferences that he or any of his agents are appraisers or authenticators. In the event that a buyer is unsure of an item's authenticity, it is the buyer's responsibility to notify auctioneer, in writing, that authentication is requested. If so requested, Auctioneer will send item to qualified independent grading and authentication company for inspection at Buyer's expense. In the event that independent grading and authentication company deems the item to be inauthentic, such fee will instead be covered by buyer and the fee for the item will be refunded to the buyer. This service must be requested in advance of shipping items. Once the merchandise has left auctioneer's custody, and has been remitted to the shipper for shipment to buyer, buyer waives any and all recourse if buyer later decides to authenticate or grade item independently. By accepting a bidders number and/or bidding at auction, buyer acknowledges these terms and waivers. If a dispute about a lot arises it is the buyer’s responsibility to provide a written statement by an acknowledged qualified expert within 30 days of the auction that it is in fact incorrect. If the expert’s statement is indeed correct Auctioneer will make a full refund upon return of merchandise. Providing the merchandise is returned in the same condition it was received. Auctioneer will only honor any potential disputes within 30 days of an Auction. Auctioneer will have no further obligation including no refunds or returns will be accepted if the above conditions are not met. Items offered for sale as described in the catalog or any bill of sale, advertisement, addendum sheet, or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, physical condition are qualified statements of opinion and not representations or warranties. No employee of Auctioneer is authorized to make on our behalf or that of the consignor, any representation or warranty, oral or written, with respect to any property. 10. The Conditions of Sale shall bind the successors and assigns of all bidders and purchasers and inure to the benefit of our successors and assigns. No waiver, amendment or modification of the terms hereof (other than posted notices or oral announcements during the sale) shall bind us unless specifically stated in writing signed by us. If any part of these Conditions of Sale is for any reason invalid or unenforceable, the rest shall remain valid and enforceable. 11. RESERVES. Some items in this auction may be subject to reserve (the confidential minimum price below which the lot will not be sold). If a lot is offered with a reserve, we may implement that reserve by bidding on behalf of the consignor. This bidding will not constitute opening bidding. If no opening bid is received we will pass the item. However once bidding is opened we will bid on behalf of the consignor to reach the reserve price. Nominal bids – the auctioneer may reject nominal bids, small opening bids or very nominal advances made with the purpose of disparaging an item. Items which are not reserved are sold at the auctioneer’s discretion. 12. Consignors are not allowed to bid on their own merchandise nor have any agent bid on their behalf. If the Auctioneer recognizes such bidding or is advised of same, the Auctioneer reserves the right to withdraw any or all items consigned by the offending consignor, without exception. 13. ABSENTEE BIDDING. As a service to anyone wishing to place bids in advance of the sale we may accept bids at our own discretion by telephone or absentee bid which is done only after contacting us of such. An Absentte Bid must be received and credit approved in advance of sale date. Additionally on-line bidding is available through our website via Proxibid.com. We assume NO responsibility for failure to execute telephone, left, or website/online bids for any reason whatsoever. 14. FIREARMS LAWS. All post - 1898 firearms must be registered in compliance with Federal and Pennsylvania State Law. Buyers of post - 1898 firearms must complete state and federal registrations forms unless otherwise specified. Dealers must have in their possession on the day of sale, signed copies of their Federal Firearms License in order to accept same-day delivery of modern weapons. Buyers who act as agents for FFL dealers must have a letter of agency as well as an original signed copy of the dealers Federal Firearms License (FFL). 15. Auctioneer makes no warranties or representations whatsoever and no employee or consultant of Auctioneer has the authority to do otherwise, concerning the operation of firing condition, fitness for use, safety to store, or reliability, of any firearm, ammunition, or parts. Use of any firearm or ammunition purchased at is entirely at the user’s risk. Auctioneer offers for sale the lots as “collector” lots only. We strongly recommend that all weapons, ammunition, etc. purchased at auction be examined by a competent gunsmith. Auctioneer expressly disclaims any liability whatsoever for accident, injury or damage resulting to any person from the storage or subsequent use of any such lot. 16. All delivery, shipping and storage charges must be paid by the successful bidder prior to delivery of purchased goods. 17. SHIPPING. All items are packed and shipped via United States Postal Service (USPS). All items may be insured at the Auctioneer's discretion. If, in the opinion of the auctioneer, such insurance is deemed necessary, such insurance is mandatory, unless Auctioneer receives written waiver of insurance from the buyer. In the event that buyer provides written notification of insurance waiver, the buyer forfeits any and all recourse against the Seller or Auctioneer for any items lost, stolen, converted, damaged, or otherwise made undeliverable or unusable to the buyer. We are not liable for any acts of omission in packaging or shipping. Purchased lots handled by outside carriers or packers including those we may have recommended such carriers or packers may carry their own insurance and any claims for losses or damages should be addressed directly to them. We will arrange for packing and shipping at our earliest possible convenience. We will attempt to ship as soon as possible, however, due to our high volume of absentee bids shipping can take up to two weeks after full payment is received. In the case of crating or any exceptional packaging, the buyer will be charged the cost from an outside agent. Buyer pays shipping, packing materials, and insurance charges. In the event of loss or damage during shipment, buyer assumes all liability in pursuing any insurance or other claims against carrier and holds harmless Auctioneer and Seller, both Jointly and Severally. 18. Limitation of Liability. EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD “AS IS”. CHRISTOPHER NOON, AUCTIONEER NOR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY OR AS TO WHETHER THE PURCHASER ACQUIRES ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN LOTS SOLD OR AS TO WHETHER A WORK OF ART IS SUBJECT TO THE ARTIST’S MORAL RIGHTS OR OTHER RESIDUAL RIGHTS OF THE ARTIST. ALL FIREARMS AND AMMUNITION ARE SOLD AS COLLECTOR LOTS ONLY. FITNESS TO FIRE OR OTHERWISE DISCHARGE THE ARM OR AMMUNITION IS EXPRESSLY DENIED BY AUCTIONEER. A COMPETENT GUNSMITH SHOULD BE CONSULTED BEFORE ATTEMPTING TO USE OR FIRE ANY FIREARM OR AMMUNITION. THE PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL AUCTIONEER BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES. 19. Auctioneer reserves the right to lot items in any manner he may deem appropriate or necessary, including but not limited to, the combining of lots into one larger group, offering lots by 'choice,' or offering lots 'times the money' regardless of any absentee or prebids that may have been placed on individual lots. In the event that lot type changes during the sale, bidder authorizes auctioneer or his agents to bid up to and including the maximum pre-bid on lot type on bidder's behalf. 20. Bidder aggrees to accept future communications regarding changes to sale or catalog, notice of upcoming sales or events, and other such notices as deemed necessary or appropriate by the auctioneer including, but not limited to phone, email or other mailing list, or social media. 21. Any statements made by the Auctioneer during the sale with regards to merchandise condition, quality, or availability or with regards to the manner in which sale shall be conducted supersede any previous statments made by the auctioneer, auctioneer's staff, employees, agents, or affiliates, expressly or implicitly, in any catalog, addenda or marketing in either written or verbal form. 22. By accepting a Paddle Number and/or by placing a bid in our auctions, Bidder agrees to all terms and conditions of sale above, and agrees to be bound by said terms and to abide by all rules set forth for sale. Failure to comply with terms of sale may result in forfeiture of all bids, cancellation of transactions, and/or banishment from sale and all future sales.