THESE TERMS APPLY TO ALL PROXIBID BUYERS. PROXIBID BUYERS SHOULD READ TERMS FOR PROXIBID THIS AUCTION BEING HELD IN ASHVILLE NY AT OUR CHAUTAUQUA LAKE AUCTION CENTER CHAUTAUQUA LAKE AUCTION CENTER 2118 MAGNOLIA AVE ASHVILLE, NEW YORK 14710 EMAIL: JIMWRODA@MAC.COM OR PHONE US AT 716.526.4230 *********YOU MUST LET US KNOW 24HOURS IN ADVANCE IF YOU INTEND ON PAYING BY CHECK MONEY ORDER OR PAYPAL( NO DSICOUNT FOR PAYPAL) .. IF YOU DO NOT WE WILL RUN YOUR CREDIT CARD IMMEDIATELY AFTER THE AUCTION USING PROXIBIDS APN ( AUTOMATIC PAYMNET NETWORK). WE DO NOT HAVE YOUR CC ON FILE.****** Condition: All damages seen at time of listing has been identified. Common nicks, scratches, Manufacturing issues, pinheads and wear has 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. HOWEVER, It is the bidders responsibility to determine overall condition before bidding on an item and ALL items sell AS IS. All sales are final. Payment:Credit Cards are accepted. Following the auction your credit card will be charged using the APN system provided to us by PROXIBID.. WE DO NOT HAVE YOUR CREDIT CARD INFORMATION IF other arrangements need to be made please call JWAS at 937.548.7835 1 DAY PRIOR to scheduled auction TERMS AND CONDITIONS OF THE AUCTION BIDDING VIA INTERNET PROXIBID 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 the site. All Internet bidders agree that bids placed on the Internet shall have the same legal effect as if they were in attendance at the auction in person. 1. IF someone in attendance is acting as an agent for a proxibid buyer, you assume all risks of damage to person or property and specifically release and indemnify JWAS from any liability. 2. All property is sold AS IS, and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. JWAS may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall JWAS 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. ALL ITEMS SELL AS IS. ALL SALES ARE FINAL. 3. All Internet Bidders agree to pay a buyers premium equal to Eighteen Percent (13%) of the hammer price of each item they purchase. If the hammer price of an item is $100.00 the buyers premium will be $13.00 for a total purchase price of $113.00. State sales tax law, (Applies Residents in state of NY) if applicable, will be applied. 4. 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. JWAS shall endeavor to describe in detail each item and any pertinent information about it. However, all items sell AS IS - WE WILL NOT EXCEPT A RETURN FOR ANY REASON JWAS 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. Bidder agrees that everything is sold as is and that they may not return any item they purchase for any reason accept an intentional and material misrepresentation of the item itself made by JWAS. 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 JWAS agrees that the item was materially and intentionally misrepresented JWAS will refund the Bidders purchase price to him/her. Bidder agrees that under no circumstances whatsoever will JWAS ever be liable to any bidder for an amount greater than the purchase price of the item they purchased. 5. JWAS 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 JWAS or anyone else if the Internet service fails to work correctly before or during the live auction. JWAS 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 proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. JWAS reserves the right to withdraw or re-catalog items in this auction. ANY TIE BIDS WILL GO TO THE FLOOR BIDDER- DO NOT CALL US ABOUT A TIE BID. 6. The auctioneer shall advance the bidding at his own discretion. JWAS may withdraw any item before or during the auction. Should a tie or a dispute arise between two bidders, the auctioneer has final say and the item will be SOLD. Auctioneer WILL NOT re-open an item because of a "tie" bid. The record of the auction made by JWAS shall be conclusive. 7. When the auctioneer says sold Bidder assumes full responsibility for the merchandise. Everything MUST be paid for in full at the conclusion of the auction. Bidder agrees to indemnify JWAS against any claim if sales tax is not collected on Bidders purchases. Bidder agrees that under no circumstances will he/she initiate a charge back on his/her credit card. Title to the merchandise transfers to Bidder only when Bidders payment has been honored. 8. JWAS can arrange for packing and shipping. 9. Bidder agrees that this agreement shall be governed by the laws of the state of OHIO and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in OHIO. 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 JWAS and Bidder, Bidder waives any right to a trial or hearing in a court of law and agrees to settle the dispute through binding arbitration in OHIO. 10. JWAS may refuse a buyers number to anyone for any reason. Bidder agrees to provide any identification JWAS may request including but not limited to: drivers license, Social Security card or US Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items. 11. We want you to be happy with your purchases. If you have questions about the merchandise the time to ask questions is well in advance of the live auction. No returns are allowed. Thank you for your patronage. READ*******Shipping: There is a 7.00 per successful bid fee for packing PLUS shipping and Insurnace. Pick-ups are welcome at NO CHARGE for us to "hold" your items as long as you want.. No storage fees. Smaller items ( animal figures will be 3.00). Multiple winnings ( 5 items) will result in reduced per item fees by 20%. Shipping will take anywhere from 3 to 14 days. Everything shipped by bidder number in numerical order. ALL SALES FINAL