Assorted Car Toys

BIDDERS' CONDITIONS OF BUSINESS Please ensure that you have read and understand these Conditions of Business prior to bidding at this or any other Auctions America by RM, Inc. “AA” sale. Please note, that the winning Bidder becomes a Buyer who is also bound by these Conditions of Business. 1. All Bids are Final at Auction. At auction, there is no “cooling off period.” If you are awarded the final bid, ownership changes hands at the drop of the gavel. You own the lot (“lot” meaning any item sold at auction) and are responsible for payment in full. No Bidder may retract a bid made during the sale for any reason. 2. Payment. In the event of a successful bid, our Administration Department will e-mail you a copy of your invoice and payment instructions following the sale. Payment is due in full on or before 5:00 p.m. of the next business day following the auction (“payment deadline”), and payment is to be made to AA. All payments must be in the form of cash or certified funds, all major credit cards or wire transfer. Cash payments will be reported according to U.S. federal government requirements. The purchased lot will not pass until AA has received the full purchase price in cleared funds. AA is not obligated to release a lot to the Buyer until the title to the lot has passed, and any earlier release does not affect the passing of the title or the winning Bidder’s unconditional obligation to pay the full purchase price (the purchase price is comprised of the winning bid, the Buyer’s fee, and other approved costs). In the event that the winning Bidder does not pay any portion of the purchase price by the payment deadline, the Bidder agrees to and acknowledges the following: If AA elects to pay the consignor any portion of the sale proceeds, AA shall have all of the rights of the consignor to pursue the Buyer for any amounts paid to the consignor, whether at law, in equity, or under these Conditions of Business. The Bidder hereby authorizes AA to deduct the purchase price from the Bidder’s cash deposit or to charge this amount to the credit card that the Bidder has provided. If the Bidder’s cash deposit and/or credit card payment does not cover the purchase price, in addition to other remedies available by law, AA reserves the right to impose from the payment deadline a late charge of ten percent (10%) interest per annum on the (1) purchase price; (2) maximum published seller’s commission; (3) maximum published Buyer’s fee; (4) expenses; (5) any collection costs, attorney fees, and court costs incurred to enforce payment; and (6) other damages. 3. All Sales are “As Is” and “Where Is”. The Bidder is responsible for inspections and verification of condition, authenticity, and completeness of any lot purchased. No warranties or representations of any type whatsoever are made by AA. Statements printed in catalogues, brochures, signs, and window cards, as well as verbal statements made by auctioneers or auction staff, are representations made by the consignor, and AA has no obligation to verify or authenticate any such claims or representations. Any announcements made at the time of sale supersede any earlier printed information. Except as herein provided, all lots are sold as is, where is, with no representations or warranties, expressed or implied. THE CONSIGNOR AND AA DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, AS TO CONDITION, ORIGINALITY, OR AUTHENTICITY; ORIGIN OR PROVENANCE; PREVIOUS USE OR OWNERSHIP; MANUFACTURING OR RESTORATION PROCESSES; YEAR OR AGE; SERIAL NUMBER, MAKE, OR MODEL; OPTIONS AND TOOLS; ENGINE HOURS; AND MILEAGE OF ANY LOT OR COMPONENT OF ANY LOT, AND THEY SPECIFICALLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. 4. Bidder Responsible for All Risk of Loss or Damage. The Bidder is responsible for all risk of loss or damage immediately upon purchase of the lot. 5. Additional Fees and Taxes. The final bid price does not include the buyer’s premium or applicable taxes on each lot purchased. The bidder is responsible to pay all city, state, or other taxes due for which the bidder does not qualify as exempt. Proof of exemption is the bidder’s responsibility. Bidders are responsible for any duty costs noted or announced which are associated with their purchase. International bidders must pay any and all import duties that are due upon the import of the lot to its final destination. 6. Buyer’s Premium. Buyer’s premiums are as follows: an eighteen percent (18% commission) will be added to the final bid of each lot purchased. 7. Reserve Lots not marked as “no reserve” (or similar) are subject to a reserve bid set by the consignor. When a lot is sold subject to such a reserve bid, the auctioneer may bid on the consignor’s behalf in an amount not to exceed the amount of the reserve bid. 8. Legal Action. In the event either party brings action against the other, arising from or relating to this auction, the prevailing party, as determined by the court, shall be entitled to recover its reasonable attorneys’ fees and costs. Jurisdiction for any action brought shall lie exclusively in a court of competent jurisdiction in the judicial district in which the auction is located. 9. Absentee and Telephone Bidding. Absentee and telephone bidding are services provided by AA for your benefit, and AA cannot be held responsible for errors or omissions with respect to the bidding process, including failure to execute any bid. By submitting these bids, you have entered in a binding contract to purchase each lot if your bid is successful. If your bid is successful, you are to pay the purchase price, including the Buyer’s premium and sales tax, if not otherwise exempt. It is your responsibility to provide proof of exemption from sales tax at the time of registering to bid. By participating in telephone bidding, you acknowledge AA has the right to record all telephone calls. 10. Online Services are “As Is” and “As Available.” Bidders may be able to bid via websites, telephone services, applications, and tools (collectively “Services”). AA tries to keep the Services safe, secure, and functioning properly, but AA cannot guarantee the continuous operation of or access to the Services. Bid update and other notification functionality may not occur in real time. Such functionality is subject to delays beyond AA’s control. Bidders agree that they are making use of the Services at their own risk, and that they are being provided to Bidders on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, AA excludes all expressed or implied warranties, terms, and conditions, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, AA (including any parent, subsidiaries, affiliates, officers, directors, agents, and employees) are not liable, and Bidders agree not to hold AA responsible for any damages or losses (including but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: • The inability to use AA’s Services • Pricing, shipping, or other guidance provided by AA • Delays or disruptions in AA’s Services • Viruses or other malicious software obtained by accessing or linking to the Services • Glitches, bugs, errors, or inaccuracies of any kind in the Services • Damage to any hardware device from the use of any AA Services • The content, actions, or inactions of third parties, including items listed using AA’s Services or the destruction of allegedly fake items • The duration or manner in which the listings appear in search results • The need to modify practices, content, or behavior or the loss of or inability to do business as a result of changes to this user agreement or AA policies. 11. Posted Terms. Any and all terms of sale posted on the auction premises, printed in sale brochures or forms, described in this catalogue, publicly announced, or otherwise published are incorporated herein by reference. It is the Bidder’s responsibility to familiarize themselves with these terms. 12. Recession of Bid. AA may, at AA’s sole discretion and without any obligation to do so, rescind a bid on or sale of a lot if AA believes the bid or sale could subject AA to liability. AA is not responsible for any damages or losses that are claimed to have resulted from the rescission of the bid or sale. 13. Currency Display. AA may use a currency display in the saleroom for informational purposes only. The currencies listed on the currency converter are not real-time conversions pegged to market rates and are not to be relied on by anyone. Errors and inaccuracies may occur in the operation of the currency converter. To be clear, the bid price stated by the auctioneer is the prevailing and binding bid price. 14. Collection of lots, removal and storage charges. All memorabilia lots must be paid for and collected from the sale venue by 5PM on Friday, September 11, 2015. Lots are at the buyers risk from the fall of the hammer. It is strongly advise that overseas purchasers and absentee bidders make arrangements regarding collection with AA in advance of the sale. You may have an authorized agent collect your purchases as long as they are removed from the auction site by 5 PM Friday, September 11 2015. It is the responsibility of the buyer to separately inform their shipper or collection agent of the location of the property, it's collection and forwarding the cost of which will be paid for by the buyer after the applicable uplift removal and storage charges and any taxes there on have been paid. Buyers should satisfy themselves that they or their agents have collected all relevant items relating to their lots at the time of collection. Uncollected memorabilia lots will be removed to Long’s Crating and Logistics off- site location for shipment or for collection by buyer or third-party agent. Instructions for collections from Long’s Crating and Logistics will be given to buyers at the time of payment. Long’s Crating and Logistics will be at the preview and availiable to assist clients with shipping quotes. Removed memorabilia lots will not be available for collection after 5 PM on Friday, September 11. Please note that uncollected memorabilia lots that are removed to Long’s Crating and Logistics for storage or shipping are subject to uplift charges applied according to the size and fragility of the lot or lots or lots are also subject to storage fees. 15. Transport and Shipping . Representatives of AA preferred carriers will be present at the sale and can arrange transportation as agents for the buyer or the seller as the case may be. An agent may collect your purchases as long as they are removed from the auction site by Friday, September 11th at 5pm. A preferred third party shipping company will be on premises to provide quotes and shipping during and directly after the sale for your convenience. Long’s Crating and Logistics info@longscrating.com 702-748-4973 16. Removal of Purchased Lots. All purchased lots must be removed from the auction site by Friday, September 11th 2015 at 5pm following the auction. If the lot is not removed by the bidder by Friday, September 11th 2015 at 5pm, the property will be moved to an off-site storage location provided by Long’s Crating and Logistics Inc. and the buyers responsibility will be to pay for shipping from Long’s Logistics and Crating Inc. Please note that bidder is required to insurance their lot while it is being stored on their behalf.