Chalkware Piggy Bank

MECUM AUCTIONS GENERAL BIDDER RULES REGISTRATION: 1. For purposes of these General Bidder Rules (at times referred to as “Agreement”), the term “Mecum” shall refer to Mecum Auction Inc. together with its affiliates, successors, assigns, agents, members, managers, shareholders, directors, officers, and employees. A person or entity registering to place a bid for the purchase of any collectible, artwork, signage, memorabilia, automobile, boat, motorcycle, or any other item (collectively or individually referred to as “Lot”) presented in conjunction with an auction event hosted in whole or in part by Mecum is referred to herein as “Bidder” and shall be bound by these General Bidder Rules. The Bidder that places the winning bid for the purchase of a Lot is referred to herein as “Purchaser”. A person or entity consigning a Lot for auction is referred to herein as “Consignor”. 2. Bidder shall be responsible for becoming familiar with the auction process and shall seek additional information as may be necessary prior to placing a bid for the purchase of a Lot. 3. Bidder/Purchaser understands and agrees that Mecum is merely performing an auction service and is not responsible for the Lot Description (defined in Paragraph 7) used in the description of a Lot; regardless of whether such Lot Description appears in any print or electronic media owned, maintained, or in any way associated with Mecum or an auction event. 4. Bidder is required to register in accordance with Mecum’s policies and procedures, which may be amended from time to time with or without notice. Bidder must use the card and number issued by Mecum when completing purchase of the Lot. Unless unusual or extraordinary events require otherwise (and only performed with the permission of Mecum which may be withheld for any reason whatsoever), invoicing and titling will be done according to the information on Bidder’s completed registration form. 5. For lost, stolen or misplaced bidder badges, a new bidder badge bearing a new number may be issued for an additional registration fee. Bidder retains all liability and responsibility for bids placed under original bidder number and for all actions of anyone wearing a Guest Badge bearing their name. Bidder shall retain liability for any and all purchases made until a new bidder badge is issued. Alternatively, a Bidder may request that a lost, stolen or misplaced bidder badge be reprinted at no additional cost. Bidder shall, however, assume all liability for bids placed under his, her or its bidder number. 6. Bidder registration fees are non-refundable. PURCHASING: 7. All Lots are sold “AS IS, WHERE IS”. Mecum makes no representations and extends no warranties, express or implied, respecting the Lots. Mecum is not responsible for any defects in the Lots and Purchaser accepts the Lots, inclusive of all faults, including, but not limited to, structural, mechanical and cosmetic defects and imperfections, whether latent, obvious or included in the Lot Description (defined herein). Mecum makes no description, representation, warrantee or guarantee respecting a Lot’s authenticity, originality, condition, restoration, numbers-matching features, ownership history, mileage, provenance, reliability, uniqueness, limited production, color, options, etc. (“Lot Description”). All Lot descriptions and representations are that of the of the Consignor and not Mecum. 8. Bidder/Purchaser is solely responsible for determining the Lot Description’s accuracy and in deciding whether to bid for a Lot. To the fullest extent permitted by law, Bidder/Purchaser releases, waives and discharges Mecum for any and all claims arising out, involving or concerning a Lot Description. Bidder/Purchaser shall reimburse Mecum for all costs and expenses incurred by Mecum, including but not limited to reasonable attorneys’ fees in defending any Purchaser claim arising out of, involving or concerning a Lot Description. 9. Purchaser accepts ownership of the Lot at the gavel fall and immediately assumes all responsibility and liability for the purchased Lot. 10. Mecum will deliver Lot titles within 30 days after completion of the auction event contingent upon Purchaser payment. Purchaser however, shall have no claim for damages should Mecum not deliver Lot titles in the time here established. Purchaser understands and agrees that delays can and do occur which involve issues beyond Mecum’s reasonable control. Mecum shall not be held responsible for damages incurred as a result of a Purchaser’s delay in receiving title. 11. All Lots are offered for sale by number and, unless otherwise noted, are presented as a single Lot. The auctioneer will accept bids from on-site and absentee Bidders in a form acceptable to Mecum. The auctioneer has the right to place a bid for Consignor up to the reserve amount. Bidder/Purchaser understands and agrees that the Consignor has the right to “lift” the reserve price at any time whereupon it will be sold to the highest Bidder existing at the fall of the gavel. 12. In cases where the winning bid cannot be determined with reasonable certainty, the Lot shall be offered for sale through the same repeated auction process. The auctioneer will use reasonable judgment as to the good faith of all claims involving bidding uncertainty and the auctioneer’s decision shall be final and conclusive. 13. Mecum shall not be responsible for lost or stolen Lots. Further, Mecum shall not be responsible for damage or loss to any Lot unless the damage or loss is caused directly by the sole negligence of willful misconduct of Mecum itself. 14. Lots must be removed from the auction location within 24 hours of the final Lot offering. If not claimed, Mecum may arrange for the transport and storage of the Lot. Purchaser agrees that Purchaser alone shall be responsible for transportation and storage costs of the Lot and further agrees that Mecum cannot and will not be held responsible for damage, theft, loss, etc. occurring or alleged to have occurred during transportation or storage. Lots not claimed after 30 days following conclusion of the auction event shall be deemed to have been abandoned. 15. Lots that fail to meet the reserve price shall be presented for sale in The Bid Goes On® process. Lots sold via The Bid Goes On® process are subject to the same terms as Lots sold on the auction block. AUCTIONEER DISCLOSURE: 16. All of the Lots auctioned by Mecum Auctions, Inc. (Auctioneer) are used Lots and are sold in their “AS-IS, WHERE-IS” condition. MECUM HAS NOT MADE AN INDEPENDENT INSPECTION OR TESTING OF THE LOT AND HAS NO KNOWLEDGE AS TO THE LOT’S HISTORY OR CONDITION. 17. Bidder is given the right to inspect the Lot prior to bidding and is solely responsible for any determining the Lot’s condition, genuineness, value and/or quality. Bidder participates in the auction based solely on the Bidder’s condition, genuineness, value and/or quality determinations. PAYMENT: 18. Purchaser will pay for the Lot within one (1) hour of placing the winning bid together with applicable commission and taxes. A Telephone and Internet Purchaser will pay for the Lot within one (1) day from the end of the auction together with applicable commission and taxes. Purchaser will not, under any circumstance, be permitted to suspend or defer payment. Any stop payment order on purchased Lot is conclusive and irrebuttable proof that the Purchaser intended to commit fraud at the time of the auction. Any Purchaser check drawn upon an account with insufficient funds is conclusive and irrebuttable proof that the Purchaser intended to commit fraud at the time of the auction. 19. All Lots won by Bidder/Purchaser are subject to all applicable state and local taxes, unless appropriate permits are on file with Mecum. Bidder/Purchaser agrees to pay Mecum the actual amount of tax due in the case where sales tax is not properly collected due to: 1) an expired, inaccurate, or inappropriate resale tax certificate or declaration, 2) an incorrect interpretation of the applicable statute, 3) or any other reason. The appropriate form or certificate must be on file at and verified by Mecum, or tax must be paid. 20. In the event of multiple Lot purchases, an open check may be deposited with Mecum and Purchaser authorizes Mecum to enter the total payment amount following the auction event. 21. In the event of Purchaser default, including but not exclusive to non-payment, Mecum may, (i) hold the defaulting Purchaser liable for the purchase price of the Lot and sue for specific performance under the terms of this Agreement; (ii) cancel the transaction and retain as full or partial liquidated damages any payment made by the Purchaser; (iii) resell the Lot without reserve at a future Mecum auction or by private sale, with or without advance notice to Purchaser; (iv) purchase the Lot at the same amount as bid by the Purchaser; or (v) take any other lawful action necessary or appropriate to protect Mecum’s interest. The defaulting Purchaser shall be liable for the payment of any deficiency in the event of resale. Purchaser shall be liable for all other costs and expenses arising from Purchaser’s default, including but not limited to freight, storage, auction entry fees, commissions due, reasonable attorneys’ fees, court costs and expenses. In the event that Purchaser pays a portion of a Lot’s purchase price, Mecum, at its election, may credit the payment toward any amount Purchaser owes Mecum. 22. Purchaser authorizes Mecum to charge the Purchaser’s credit card for any amount due to Consignor and/or Mecum. GENERAL: 23. Purchaser hereby waives and releases Mecum from all liability for any theft, loss or damage to any Lot purchased by Purchaser to the extent such theft, loss or damage is insured against under policies carried by Purchaser. 24. For Lots identified as having “matching numbers”, additional information is available by visiting www.MECUM.com and accessing the “Entry Rules” tab under “Seller Info”. Additional information is also available from Mecum upon request. 25. Mecum shall be entitled to reasonable attorneys’ fees and associated costs incurred in the enforcement of these General Bidder Rules and any other agreement(s) to which Bidder/Purchaser is subject. Participation as a Bidder/Purchaser at an auction event constitutes knowledge of, and consent to, the terms and conditions of these General Bidder Rules regardless of whether Bidder/Purchaser places his, her or its signature or mark of acceptance hereon. 26. Bidder/Purchaser understands and agrees that the auction event may be televised live or on a tape-delayed basis and may be widely broadcast to a national or international audience. By attending the event and being provided with these General Bidder Rules, Bidder/Purchaser and those attending as guests of Bidder/Purchaser (“Guests”) irrevocably consent to Mecum using Bidder/Purchaser’s and Guest’s image, voice and likeness throughout the universe, in any and all media, in perpetuity including, but not limited to, live transmission on “Mecum Auctions: Collector Cars & More” and “Mecum Dealmakers” broadcast on NBC Sports Network and its affiliated networks. Bidder/Purchaser shall provide notice of this Paragraph 16 to Guests as it deems reasonably necessary. 27. If any provision, clause or part of these General Bidder Rules, or the application thereof under certain circumstances, is held invalid, the remainder of these General Bidder Rules, or the applications of each provision, clause or part under other circumstances, shall not be affected thereby and shall remain in full force and effect. 28. The use of defined terms in these General Bidder Rules are used only as a matter of convenience and in no way affect the terms or intent of any provisions of these General Bidder Rules. All defined phrases, pronouns and other variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the actual identity of the organization, person or persons may require. 29. The parties, having had the opportunity to consult with counsel, hereby waive any right to trial by jury in any proceeding arising out of or relating to this Agreement and whether sounding in contract, tort or otherwise. The parties may file a copy of this section with any court as written evidence of the knowing, voluntary and bargained-for agreement between the parties irrevocably to waive trial by jury and that any proceeding whatsoever between them relating to this Agreement shall instead be tried in a court of competent jurisdiction by a judge sitting without a jury. 30. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Wisconsin without giving effect of any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of Wisconsin. Bidder/Purchaser irrevocably submits to the jurisdiction of the State of Wisconsin, Circuit Court of Walworth County, over any dispute arising out of, or relating in any way, to this Agreement or to the transaction(s) to which it relates. The Bidder/Purchaser irrevocably agrees that all claims shall be heard and determined in such Court. The Bidder/Purchaser irrevocably waives, to the fullest extent permitted by law, any objection or defense which he, she, or it may now have, or come to have, regarding the inconvenience of this forum. 31. Acceptance of these Terms and Conditions qualifies Bidder/Purchaser as a client of Mecum Auction who has consented to be contacted by Mecum Auction in the future. In compliance with “do-not-call” regulations established by Federal or State regulatory agencies, participation by the Bidder/Purchaser is an affirmative consent or “opt-in” to being contacted at the phone number and/or email supplied with this application and this consent shall remain in effect until it is revoked by the Bidder/Purchaser in writing. INTERNET ABSENTEE BIDDING DISCLAIMER: 32. Internet bidding features, functions, content, products, and capabilities of Mecum made available on an “as is” and “as available” basis, without any representation or warranty of any kind, express or implied, including, but not limited to, all warranties of merchantability, of fitness for a particular purpose, title, and non-infringement. In addition, Mecum makes and provides no guarantee or assurance Mecum’s Internet bidding services or any content will operate without interruption or that all services, products, features, functions, content or operations will be available or perform as described or at any particular time or times. Without limiting the foregoing, Mecum is not responsible or liable for 1) Malicious code, delays, inaccuracies, errors, omissions, or mistakes arising out of Bidders use of Mecum’s Internet bidding services or any sites linked to Mecum internet services 2) Any interruption or cessation of transmission to or from our website or to or from our Internet representative(s) 3) Any bugs, viruses, trojan horses, or the like which may be transmitted to or through our site by any third party, or 4) The defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other users or third parties. Bidder acknowledges and agrees that Bidder is assuming the entire risk of using Mecum’s Internet bidding services and the features and functions associated with Mecum’s Internet bidding services. 33. Bidder understands and agrees that, to the fullest extent permissible by the law, neither Mecum, its affiliates, its respective successors and assigns, nor any of its respective of officers, directors, employees, agents, licensors, representatives, service providers, advertisers, or suppliers, shall be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of Mecum’s Internet bidding services or related to this Agreement, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages, regardless of the form of action or the basis of the claim and even if advised of the possibility of such damages. 34. Bidder further understands and acknowledges the capacity of Mecum’s Internet bidding services, in the aggregate and for each user, is limited and some messages and transmissions may not be processed in a timely fashion or at all, and some services, features or functions may be restricted or delayed or become completely inoperable. As a result, Bidder acknowledges and agrees that Mecum assumes no liability, responsibility or obligation to transmit, process, store, receive, or deliver transactions or postings or for any failure or delay associated with any postings and Bidders are hereby expressly advised not to rely on the timeliness or performance of Mecum’s Internet bidding services for any transactions or postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies; accordingly, some of the exclusions and limitations described in this Agreement may not apply to Bidder. 35. Mecum.com is controlled and offered by Mecum from its facilities in the United States of America. Mecum makes no representations that this site is appropriate or available for use in other locations. Those who access this site from other jurisdictions do so at their own volition and are responsible for compliance with local law. TELEPHONE ABSENTEE BIDDING DISCLAIMER: 36. Telephone bidding features, functions, content, products, and capabilities of Mecum Auction, Inc., herein referred to as “Mecum”, are made available on an “as is” and “as available” basis, without any representation or warranty of any kind, express or implied, including, but not limited to, all warranties of merchantability, of fitness for a particular purpose, title, and non-infringement. In addition, Mecum makes and provides no guarantee or assurance Mecum’s phone bidding services or any content will operate without interruption or that all services, products, features, functions, content or operations will be available or perform as described or at any particular time or times. Without limiting the foregoing, Mecum is not responsible or liable for 1) Malicious code, delays, inaccuracies, errors, omissions, or mistakes arising out of Bidder’s use of Mecum’s phone bidding services or any sites linked to Mecum internet services 2) Any interruption or cessation of transmission to or from our website or to or from our telephone representative(s) 3) Any bugs, viruses, trojan horses, or the like which may be transmitted to or through our site by any third party, or 4) The defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other users or third parties. Bidder acknowledges and agrees that Bidder is assuming the entire risk of using Mecum’s phone bidding services and the features and functions associated with Mecum’s phone bidding services. 37. Bidder understands and agree that, to the fullest extent permissible by the law, neither Mecum, its affiliates, its respective successors and assigns, nor any of its respective officers, directors, employees, agents, licensors, representatives, service providers, advertisers, or suppliers, shall be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of Mecum’s phone bidding services or related to this Agreement, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages, regardless of the form of action or the basis of the claim and even if advised of the possibility of such damages. 38. Bidder furthers understand and acknowledge the capacity of Mecum’s phone bidding services, in the aggregate and for each user, is limited and some messages and transmissions may not be processed in a timely fashion or at all, and some services, features or functions may be restricted or delayed or become completely inoperable. As a result, Bidder acknowledges and agrees that Mecum assumes no liability, responsibility or obligation to transmit, process, store, receive, or deliver transactions or postings or for any failure or delay associated with any postings and Bidder is hereby expressly advised not to rely on the timeliness or performance of Mecum’s phone bidding services for any transactions or postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies; accordingly, some of the exclusions and limitations described in this Agreement may not apply to Bidder. 39. Mecum.com is controlled and offered by Mecum from its facilities in the United States of America. Mecum makes no representations that this site is appropriate or available for use in other locations. Those who access this site from other jurisdictions do so at their own volition and are responsible for compliance with local law.