Conditions of Sale
The property in the sale will be offered for sale by Toys Trains and Other Old Stuff LLC ("Auctioneer") on behalf of the owners of the property, referred to as the "seller," and will be governed by the terms and conditions set forth herein (the "Agreement"). Auctioneer is the agent of the seller.
Bidder's Registration. All persons who wish to bid in the auction must register and obtain a unique bidder number. To register, you must provide all of the registration information requested, sign the Agreement, and submit the form to the Auctioneer. All bidders must be 18 years of age or older and completely provide the information requested. Auctioneer reserves the right to refuse to register or permit any person to bid at its sole discretion. Bidder may register for the auction by phone, email, or internet. In connection with such registration, Bidder will be required to provide a credit card number (Visa, Master Card, American Express, or Discover) for verification of an intent to bid. Please follow the instructions carefully to make sure that the registration process is complete and accepted. Invoices and correspondence relating to purchases will be sent in according to the information on the bidder's registration.
Registration Confirmation. Bidder will be e-mailed registration approval upon successful completion of the registration process. Registration for internet bidding closes twenty four (24) hours prior to the auction. Bidder should register as early as possible to obtain information about the property and increase the likelihood of being notified of any pertinent changes that take place prior to the auction. The bid number, authorization, and login information given to Bidder upon successfully registering to bid shall only be used by Bidder during the auction to bid on the property. The registration is not transferable or assignable. No one else may register for Bidder or participate on Bidder's behalf.
Payment. Payment in full (including the buyer's premium when applicable) must be paid in the form of cash, checks, money order, all major credit cards (if you have a question about whether a credit card is accepted please call Auctioneer before bidding), prior to the removal/delivery of any property purchased. Checks can take up to fourteen (14) days to clear. Auctioneer reserves the rights to refuse credit card payments on any lot. Bidder shall pay the purchase price, the buyer's premium, shipping and handling charges (if any), plus any and all applicable taxes, unless such taxes are exempted by law (proof of exemption must be provided). Bidder must make payment within three (3) days after notification of the sale. Unclaimed lots will be offered by Auctioneer to the next highest bidder. Failure to fulfill Bidder's payment obligations will affect future bidding privileges.
Buyer's Premium. A buyer's premium will be charged in this sale. The buyer's premium is an advertised percentage of the high bid or flat fee added to the high bid to determine the total contract price to be paid by Bidder. For example, if the winning bid is $100 and there is a ten percent (15%) buyer's premium, the premium will be $15.00, for a total bid of $115.00. This amount does not include any taxes that may also be due. For those attending the live auction in person, there is a 10
% buyer's premium. For those participating in the auction via the
internet there is a 15% buyer's premium with a 3% convenience fee for credit card payments. The buyer's premium will be paid by all
bidders attending the auction, no exceptions. The buyer's premium does not create any agency relationship between Bidder and Auctioneer. Auctioneer is the agent of the seller only.
Stop Payment/Insufficient Funds. Upon making payment for a lot(s), no stop payment of funds will be honored. Any stop payment order of a check, or giving a check which is returned marked "insufficient funds," shall be deemed by the
parties to be prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as intent to defraud.
Acceptance of Terms. A bid placed by any person shall be conclusive proof that he or she acquainted himself or herself with the terms and conditions of sale and agreed to be bound by such terms and conditions prior to placing any bid.
Representations and Warranties. All representations and/or warranties made, if any, are between Bidder and Seller. Auctioneer shall not be held responsible for the correctness of any representations and/or warranties of any kind with respect to the property. Auctioneer shall not be held responsible for any representations and/or genuineness of description of any property. UNLESS OTHERWISE EXPRESSLY NOTED BY AUCTIONEER, ALL SALES ARE
FINAL AND ALL PROPERTY IS SOLD "AS IS," "WHERE IS," AND "WITH
ALL FAULTS" - THERE ARE NO EXPRESS OF IMPLIED WARRANTIES (INCLUDING THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ON THE LOT OR LOTS. ANY AND ALL WARRANTIES (UNLESS EXPRESSLY NOTED OTHERWISE) ARE DISCLAIMED AND WAIVED BY BIDDER.
Sales Final and Inspection of Lots. Bidder acknowledges that Bidder has been provided the opportunity to inspect (including reviewing pictures and asking questions about) the property before purchasing same. Bidder has or has not inspected the property at Bidder's sole discretion. Bidder is solely responsible for determining the condition of any property.
Reserve Auctions. Unless explicitly stated otherwise by Auctioneer, each lot is being sold with reserve as a reserve auction. This paragraph is applicable to all reserve auctions. Auctioneer and seller reserve the right to withdraw any property before and during the sale of such property. The seller reserves the right to reject any and all bids for any reason. The reserve price may not be disclosed. All bids must be raised in reasonable increments and Auctioneer, at its sole and complete discretion, may reject a nominal bid advance. Auctioneer reserves the right to place a bid on any lot on Auctioneer's own behalf.
Without Reserve Auctions. This paragraph only applies to lots sold without reserve, otherwise known as an absolute auction. Auctioneer and the seller reserve the right to and may withdraw any property or cancel the sale at any time prior to calling for bids at the beginning of the auction. After Auctioneer has started calling for bids, the property may be withdrawn if there are no bids within a reasonable period of time. Once a bid has been made for the property, it may not be withdrawn.
Disputes between Bidders. In case of any dispute between bidders, Auctioneer, at his or her sole and complete discretion, may reopen the bidding pursuant to specific terms determined by Auctioneer between the two highest bidders only, until the property is sold. If a dispute arises after the sale of any lot, the Auctioneer's records shall be deemed conclusive in all respects.
Bidding. It is the responsibility of the bidder to make sure that Auctioneer is aware of his or her intent to place a bid. AUCTIONEER DISCLAIMS ANY LIABILITY FOR DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL, RESULTING FROM BIDS NOT SPOTTED, RECEIVED, EXECUTED, OR ACCEPTED. BIDDER ACKNOWLEDGES THAT AUCTIONEER DOES NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE WEBSITE(S) USED FOR INTERNET BIDDING. BIDDER ACKNOWLEDGES THAT THE AUCTIONEER MAY NOT HAVE ANY CONTROL OVER THE WEBSITE(S) AND CANNOT GUARANTEE ITS OPERATION OR PERFORMANCE. THERE ARE OCCASSIONAL INTERRUPTIONS AND DELAYS RELATING TO THE USE OF THE INTERNET AND THE WEBSITE. FURTHERMORE, AUCTIONEER SHALL NOT BE HELD LIABLE (FOR LOST PROFITS OR SPECIAL DAMAGES) OR RESPONSIBLE FOR THE FUNCTION OF THE WEBSITE OR ITS INABILITY TO FUNCTION. BIDDER ACKNOWLEDGES THAT HARDWARE MALFUNCTIONS, SOFTWARE MALFUNCTIONS, VIRUSES, AND SIMILAR ISSUES DO OCCUR AND ARE BEYOND THE KNOWLEDGE, SCOPE, AND CONTROL OF AUCTIONEER. USE OF THE INTERNET BIDDING OPTION THROUGH ANY WEBSITE IS AT YOUR OWN RISK. TO ENSURE PROPER BIDDING, BIDDER SHOULD BE CAREFUL AND CONSIDER ATTENDING THE LIVE AUCTION.
Condition
Items are inspected and or graded by a professional in the toy industry with nearly 20 years of experience. We do occasionally miss a minor detail, we are human but we do our best to grade by the highest standards, not with wishful thinking but with reality. We will accept return for items grossly misadvertised but everything aside, the items are sold as is and any inspection or final grade or condition shall be determined by the buyer. Inspection by buyers is available but generally not necessary as we do our best to point out any issues but as previously stated, we are not perfect and are capable of missing a small detail once in a while.
We do not test train for operability in most cases. Some times, when we have extra time to do so we will test them but even if we have found it to be in working order, we do not guarantee that it will run after being shipped. These items are many times 40 to 100 years old and will need maintenance or lubrication before attempting to operate them. The items are ALL graded on appearances ONLY, never on operability.
All items have been graded as per TCA standards that are as follows:
C1 Junk-parts value only
C2 Restoration required
C3 Poor- requires major body repair: heavily scratched, major rust, missing parts, major restoration candidate
C4 Fair-scratched: moderate, paint loss, dented, missing parts, surface rust, evidence of heavy use
C5 Good- sign of play wear: with scratches and minor paint loss, small dents, minor surface rust, evidence of heavy use
C6 Very good: minor scratches and paint nicks, minor spots of surface rust, free of dents, may have minor parts replaced
C7 Excellent-all original: minute scratches and paint nicks, no rust, no missing parts, no distortion of component parts
C8 Like New-complete all original: No rust, no missing parts, may show affects of being on display and/or age, may have been run
C9 Factory New-brand new: all original, unused, may evidence factory rubs and the slightest evidence of handling, shipping and having been test run at the factory
C10 Mint-brand new: all original, unused and umblemished.
CONDITION OF FIREARMS. Toystrainsandotheroldstuff LLC makes no warranties or representations whatsoever and no employee or consultant of Toystrainsandotheroldstuff LLC 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 from Toystrainsandotheroldstuff LLC is entirely at the user's risk. Toystrainsandotheroldstuff LLC strongly recommends that all weapons, ammunition, etc. purchased at auction be examined by a competent gunsmith. Toystrainsandotheroldstuff LLC expressly disclaims any liability whatsoever for accident, injury or damage resulting to any person from the storage or subsequent use of any such lot.
LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD AS IS. NEITHER Toystrainsandotheroldstuff LLC NOR THE CONSIGNOR MAKE 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 OF ANY ITEM. ALL FIREARMS AND AMMUNITION ARE SOLD AS COLLECTOR LOTS ONLY. FITNESS TO FIRE OR OTHERWISE DISCHARGE THE ARM OR AMMUNITION IS EXPRESSLY DENIED BY Toystrainsandotheroldstuff LLC. 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 Toystrainsandotheroldstuff LLC BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Premium
Buyers premium shall be 15% to online bidders with a 3% convenience fee added for credit card or paypal payment or 10% to live in-house bidders with a 3% convenience fee added for credit card or paypal payment.
Shipping Terms
We ship in-house, it may take as long as a week or more for us to get orders ready for shipping and invoices sent out, please be patient with us. Shipping costs are as follows and are applicable to any number of items:
Extra small packages with length plus girth measuring 40" and under will be charged a $3 handling / packing materials fee.
Small packages with length plus girth measuring 41" to 60" will be charged a $4 handling / packing materials fee.
Medium packages with length plus girth measuring between 61" and 80" will be charged a $5 handling / packing materials fee.
Large packages with length plus girth measuring between 81" and 100" will be charged a $8 handling / packing materials fee.
Extra Large packages with length plus girth measuring 101" to 125" will be charged a $13 handling and packing materials fee.
Jumbo packages measuring over 126" in length plus girth will be charged a $18 handling and packing materials fee.
Actual shipping costs will be charged with commercial rates from either FedEx or USPS, whichever is less expensive. Insurance is free on orders of $100 or less but will be charged on all orders of more than $100.
Taxes
7% Indiana state tax will be collected for any in-house bidders or bidders inside the state of Indiana or bidders who bid from outside of the state of Indiana but travel here to pick the items up in person.
Payment
Payment can be made by contacting us directly for credit card payment once invoices have been sent. We also accept checks, money orders and bank drafts and those can be sent directly to us at the provided address on the invoice. All invoices totaling more than $2000 shall be paid via irrevocable wire transfer. We have made this decision in the wake of a fraudulent charge that has left me no other recourse so as to protect us from fraud.
