Conditions of Sale
Terms & Conditions
1. The following Terms and Conditions apply to all auctions conducted by Mound City
Collectibles and Auctions LLC (Auctioneer) and any participants in said auctions (Bidder). All
purchases made at an auction conducted by Auctioneer are on an "AS IS", "WHERE IS" basis
(shipping and packing are not included). According these terms agreed to by all Bidders, all
sales are final and no sale shall be invalidated. There are no returns or refunds and credit
payments cannot be reversed. Neither we nor the consignor make any guarantees, warranties or
representations, express, or implied, with respect to the Property, except as to the warranty of
title. All implied warranties of MERCHANTABILITY and FITNESS FOR PURPOSE ARE
SPECIFICALLY DISCLAIMED by us and the consignor (if the items is being sold on
consignment.
2. specifically, neither we nor the consignor make any representation or warranty of any kind,
express, or implied with respect to any of the following characteristics of the property: age,
authenticity, genuineness, attribution, provenance, origin, physical condition, importance, size,
quality, quantity, rarity, value exhibitions, historical references or significance, medium,
material, period, culture, source origin. All information in the catalog, sale bill,auction listing,
advertising, web site or elsewhere , concerning the characteristics mentioned in B) above, is
offered to bidders as a statement of opinion only. It is not intended to contain statements of fact
for which we or the consignor may be held liable. This disclaimer of liability on our part applies
whether the information is included in any catalog, sale bill, web site, or any advertisements,
announcements or communicated through our representatives, bills of sale or elsewhere, and
whether written or oral.
3. Neither we, nor the consignor, shall be responsible for the correctness or accuracy of
descriptions or other information in this catalog or elsewhere. The bidder assumes the full
responsibility to inspect and evaluate the property to its, his or her complete satisfaction prior to
any bid or purchase. The bidder must make an independent judgment about
3.1. the Property,
3.2. its value
3.3. descriptions or other information about the Property. We may, without in any way
diminishing our disclaimers of liability contained in this Paragraph 3 and elsewhere,
mention in the description of the item or lot, significant damage, although this does not
include all faults, imperfections and restorations. All measurements and weights stated in
any of the means of communication listed in (3.3) are approximate, unless accompanied by
a G.I.A. or comparable certificate certifying measurements and weight.
3.4. safety of operation of electrical items including but not limited to (lamps, lights,
chandeliers, and sconces, fans, or other electrical devices). Auctioneer recommends that all
electrical items we sell be checked and installed by a licensed electrician. Many of the
electrical items we sell are vintage or antique and as such may not meet current safety
standards, specifically many of the table lamps may have non-polarized plugs, the hanging
lamps may lack grounding conductors, and the fans finger guards are not to modern
standards. Buyers assume responsibility to check with the Authority Having Jurisdiction
regarding the local codes about these electrical devices and assume any and all liability for
their installation and or operation.
4. Announcements: Any announcement made on the day of the sale will take precedence over any
other form of communication including web site information, sale bills, announcements and
advertisements.
5. Due diligence: Bidder agrees to have asked any and all questions before they bid. Auctioneer
will make the items available during a pre-view for Bidder to conduct any due diligence
inspections. Bidder agrees that they have asked any and all questions regarding shipping,
handling, and item condition before bidding. Buyer agrees that all questions asked regarding
item condition or any other matter have been answered to their satisfaction.
6. Attorney Fees: Bidder agrees to be responsible for seller's and or auctioneer's attorney fees and,
or collection fees in disputes regarding any auction should any arise.
7. Funds: All funds are to be paid in US dollars. Buyer is responsible for and agrees to pay all
duties, customs, taxes, VAT, and other fees associated with the purchase of the item.
8. Buyers agree to pay for all items before removing them from the auction site.
9. Vintage toys are sold with a PRIMARY USE as collector's items for display purposes and as such are not
recommended as play items. Many vintage toys do not meet today's safety standards, some are
either coated with lead paint, contain lead or are made entirely of lead (eg. toy soldiers), others
may contain phthalates (chemicals put in plastic to make them more pliable), or be a choke
hazard. Bidder agrees that to comply with the Consumer Product Safety Improvement Act they
are buying these items as collectibles for display purposes only and have no intention of either
using them, or selling them as play toys, to be used for play by children in any way. Bidder
further agrees to assume all liability and responsibility for disregarding this warning and letting
children play with any vintage toy purchased from auctioneer, and to hold harmless the Seller
the Auctioneer, his employees, agents or assigns, in the event of injury, harm or death to anyone
as a result of any vintage toy purchased from seller. Bidders must all be over 18 years of age, no
child will be allowed to bid or buy any collectible or vintage toy of any kind.
10. Accidents or Injury: Bidders, Buyers, and auction attendees agree that they are attending the
auction or sale at their own risk and agree to indemnify, save and hold harmless both Mound
City Auctions, Seller, and cosigner, from any and all accidents and or injures they my receive
while attending the auction or sale.
10. All items are to be removed from the sale within 4 hours after the sale unless special
arrangements have been made with the Auctioneer or his staff.
10.1. Items not picked up/Items with outstanding shipping charges: Items being picked up
by the Buyer, within the time frame stipulated in paragraph 10 will be re-sold to pay for
storage costs. Storage cost shall acrew at a rate of $25/day
11. Returned Checks: All bidders paying with a check agree to have value of check purchase
plus any bank fees placed as a sale against credit card number on file with Auctioneer in event
of a check being returned for insufficient funds or a closed account.
12. Disputes: Auctioneer shall designate the winning bidder after each item is auctioned. If a
dispute arises between two or more bidders regarding any mater, Auctioneer reserves the right
and Bidders grant the Auctioneer the right (solely at the Auctioneer's discretion) to re-open
bidding on the item in question to resolve questions concerning who the high bidder is or the
amount of the bid.
13. Payment: All items must be paid for in full before Bidder leaves the premises. Nothing
may be removed until it is settled for. Payment for purchases (personal property) must be made
by cash, personal or business check or credit card accepted by Auctioneer. Special terms will
apply for payment of Real Property. Letters of credit or guarantee will be valid for an individual
auction only, and require proper ID including State issued ID card or valid State Drivers
License. Bidder agrees not to stop payment on any checks or to disallow a sight draft and is
responsible for any expenses due to collection of a bad check including legal and collection
fees.
13.1. Internet Auction Payments:
a) All sales are strictly for cash in United States dollars (including U.S. currency, bank
wire, and USP Postal money orders, all subject to reporting requirements).
b) All are subject to clearing and funds being received In Auctioneer's account before
delivery of the purchases. Auctioneer reserves the right to determine if a check
constitutes "good funds" when drawn on a U.S. bank for ten days, and thirty days when
drawn on an international bank. Credit Card (Visa or Master Card only) may be
accepted up to $1,000 from non-dealers at the sole discretion of the Auctioneer, subject
to the following limitations:
• sales are only to the cardholder,
• purchases are shipped to the cardholder's registered and verified address,
• Auctioneer may pre-approve the cardholder's credit line, and must transact
immediately upon invoice presentation,
• rights of return are governed by these Terms and Conditions, which supersede those
conditions promulgated by the card issuer,
c) floor Bidders must present their card.
d) Payment is due upon closing of the Auction session, or upon presentment of an invoice.
Auctioneer reserves the right to void an invoice if payment in full is not received within
7 days after the close of the Auction. In cases of nonpayment, Auctioneer's election to
void a sale does not relieve the Bidder from their obligation to pay Auctioneer its fees
(seller's and Buyer's premium) on the lot and any other damages pertaining to the lot.
e) Lots delivered to you, or your representative in the State of Missouri, or other states
where the Auction may be held, are subject to all applicable state and local taxes, unless
appropriate permits are on file with Auctioneer. Bidder agrees to pay Auctioneer the
actual amount of tax due in the event that sales tax is not properly collected due to:
• an expired, inaccurate, inappropriate tax certificate or declaration,
• an incorrect interpretation of the applicable statute,
• or any other reason. The appropriate form or certificate must be on file at and
verified by Auctioneer five days prior to Auction or tax must be paid; only if such
form or certificate is received by Auctioneer within 4 days after the Auction can a
refund of tax paid be made. Lots from different Auctions may not be aggregated for
sales tax purposes.
12.2. In the event that a Bidder's payment is dishonored upon presentment(s),
a) Bidder shall pay the maximum statutory processing fee set by applicable state law.
b) If any Auction invoice submitted by Auctioneer is not paid in full when due, the unpaid
balance will bear interest at the highest rate allowed by law from the date of invoice
until paid. Any invoice not paid when due will bear a three percent (3%) late fee on the
invoice amount or three percent (3%) of any installment that is past due.
c) If the Auctioneer refers any invoice to an attorney for collection, the Buyer agrees to pay
attorney's fees, court costs, and other collection costs incurred by Auctioneer. If
Auctioneer assigns collection to its in-house legal staff, such attorney's time expended
on the matter shall be compensated at a rate comparable to the hourly rate of
independent attorneys.
12.3. In the event a successful Bidder fails to pay any amounts due, Auctioneer reserves
the right to sell the lot(s) securing the invoice to any under bidders in the Auction that the
lot(s) appeared, or at subsequent private or public sale, or re-list the lot(s) in a future auction
conducted by Auctioneer. A defaulting Bidder agrees to pay for the reasonable costs of
resale (including a 25% seller's commission, if consigned to an auction conducted by
Auctioneer). The defaulting Bidder is liable to pay any difference between his total original
invoice for the lot(s), plus any applicable interest, and the net proceeds for the lot(s) if sold
at private sale or the subsequent hammer price of the lot(s) less the 25% seller's
commissions, if sold at an Auctioneer's auction
12.4. Auctioneer reserves the right to require payment in full in good funds before
delivery of the merchandise.
12.5. Auctioneer shall have a lien against the merchandise purchased by the Buyer to
secure payment of the Auction invoice. Auctioneer is further granted a lien and the right to
retain possession of any other property of the Buyer then held by the Auctioneer or its
affiliates to secure payment of any Auction invoice or any other amounts due the Auctioneer
or affiliates from the Buyer. With respect to these lien rights, Auctioneer shall have all the
rights of a secured creditor under Article 9 of the Missouri Uniform Commercial Code,
including but not limited to the right of sale. In addition, with respect to payment of the
Auction invoice(s), the Buyer waives any and all rights of offset he might otherwise have
against the Auctioneer and the consignor of the merchandise included on the invoice. If a
Bidder owes Auctioneer or its affiliates on any account, Auctioneer and its affiliates shall
have the right to offset such unpaid account by any credit balance due Bidder, and it may
secure by possessory lien any unpaid amount by any of the Bidder's property in their
possession.
12.6. Title shall not pass to the successful Bidder until all invoices are paid in full. It is the
responsibility of the Buyer to provide adequate insurance coverage for the items once they
have been delivered to a common carrier or third-party shipper.
13. Vehicle Auctions: Any warranties made by the Seller/Owner must be in writing on an
instrument separate from the Purchase Invoice & Bill of Sale and signed by both the
Bidder/Buyer and Seller/Owner. In no event shall Mound City Auctions, the auctioneer or any
employee, agent or associate of Mound City Auctions be responsible or liable for any such
warranties, guarantees or the genuineness or description of any article offered for sale. If the
item in the auction is a vehicle it is understood by the Buyer that the Auctioneer does not own
the vehicle and is acting as a agent for the owner of the vehicle. The owner of the vehicle has
supplied the description of the vehicle and it's condition to the seller. The seller has given an
accurate description of the vehicle but assumes no liability for any misrepresentation by the
seller of the vehicle or its condition. Mound City Auctions assumes no responsibility or liability
for representations made by any Seller/Owner and shall have no obligation to verify or
authenticate such statements or claims. Any announcements made sale day supersede printed
information in the catalogs, ads, brochures signs and item cards. BIDDER/Buyer
ACKNOWLEDGES BY REGISTERING ONLINE THAT HE/SHE/IT WILL NOT HOLD
MOUND CITY AUCTIONS RESPONSIBLE FOR ANY REPRESENTATIONS OR
STATEMENTS MADE BY ANYONE BEFORE, DURING OR AFTER THE SALE ABOUT
THE ITEMS BEING SOLD. All vehicles offered for sale are subject to any and all state title
and tax laws. Buyer agrees to be responsible for complying with these laws.
14. Buyer's Premiums: There is a
14.1. 15% in-house Buyer's Premium and a
14.2. 18% Buyer's Premium on all Absentee Bids, regardless of payment method.
14.3. 15% Buyers Premium on all on-line bids(eg. www.auctionzip.com www.icollector.com, or other service using the Internet).
15. Auctioneer shall not be responsible for Internet outages, service disruptions, data lag or
other failures of Bidder's bid placed via the Internet being not honored by Auctioneer.
16. Disputes. Auctioneer and Bidder hereby agree to submit any dispute arising out of or relating to
this Agreement to an arbitration panel of three neutral persons selected by Auctioneer. If Bidder
disapproves of the panel, Bidder shall within ten (10) days after receiving notice of selection of the panel initiate arbitration before the American Arbitration Association ("AAA") using its rules for commercial arbitrations except that all AAA fees and costs shall be paid by Bidder. If Bidder fails to timely initiate arbitration through AAA or to pay AAA fees and costs, Auctioneer may resume arbitration through a neutral arbitration panel selected by Auctioneer. The decision of arbitration will be final and binding upon all parties. Notwithstanding anything contained in this Agreement to the contrary, Auctioneer hereby reserves the right to seek any action against Bidder in a court of competent jurisdiction. Any action or suit of any kind relating to this Agreement must be commenced within one (1) year from the date when the cause of action or claim accrued or it shall be forever barred. The right of action or suit shall accrue, and the one (1) year limitation period shall begin to run, on the date the breach, damage, or injury is sustained and not when the resulting cost, damage, harm or loss is discovered. Auctioneer shall not under any circumstances be liable to Bidder for any consequential damages to Bidder, and Bidder shall not hold Auctioneer liable for failure of any successful bidder to complete transaction.
17. Governing Law; Jury Waiver. This Agreement shall be governed by and construed in
accordance with the laws of the State of Missouri, and any action or proceeding arising hereunder shall be
brought in the courts of the State of Missouri. If any such action or proceeding arises under the
Constitution, laws or treaties of the United States of America, or if there is a diversity of citizenship
between the parties hereto, so that suit may be brought in a United States District Court, it shall be
brought in the United States District Court for the Eastern District of Missouri. The invalidation of one or
more terms of this Agreement shall not affect the validity of the remaining terms. AUCTIONEER AND
SELLER HEREBY WAIVE THE RIGHT TO ANY JURY TRIAL IN ANY ACTION, PROCEEDING
OR COUNTERCLAIM IN CONNECTION WITH THIS AGREEMENT BROUGHT BY EITHER
PARTY AGAINST THE OTHER PARTY.
18. Severability.
Except as expressly provided to the contrary herein, each section, part, term and/or provision of this Agreement shall be considered severable; and if, for any reason any section, part, term or provision herein is determined to be invalid, unenforceable or contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation of, or have any other effect upon, such other sections, parts, terms and provisions of this Agreement as may remain otherwise intelligible, and the latter shall continue to be given full force and effect and bind the Parties hereto; and said invalid or unenforceable sections, parts, terms or provisions shall be deemed to be replaced with a provision that is valid and enforceable and most nearly reflects the original intent of the invalid or unenforceable provision.
Condition
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. Auctioneer shall endeavor to describe in detail each item and any pertinent information about it. Auctioneer shall 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 except an intentional and material misrepresentation of the item itself made by Auctioneer. 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 Auctioneer agrees that the item was materially and intentionally misrepresented Auctioneer will refund the Bidders purchase price to him/her. Bidder agrees that under no circumstances will Auctioneer ever be liable to Bidder for an amount greater than the purchase price of the item. Bidder agrees that Auctioneer shall be the sole judge if a Material Misrepresentation has occurred.
Payment instructions
Internet Auction Payments: a) I) All sales are strictly for cash in United States dollars (including U.S. currency, bank wire transfers, personal or business checks total invoice priced under $5,000, and credit card payments; all subject to reporting requirements). All are subject to clearing and funds being received In Auctioneer's account before delivery of the purchases. Auctioneer reserves the right to determine if a check constitutes "good funds" when drawn on a U.S. bank for ten days, and thirty days when drawn on an international bank. Credit Card (Visa or Master Card, and Discovery only) may be accepted up to $5,000 from non-dealers at the sole discretion of the Auctioneer, subject to the following limitations: • sales are only to the cardholder purchases are shipped to the cardholder's registered and verified address, Auctioneer may pre-approve the cardholder's credit line, and must transact immediately upon invoice presentation. Rights of return are governed by these Terms and Conditions, which supersede those conditions promulgated by the card issuer, floor Bidders must present their card. 3.1.1 Payment shall be made by cash or by wire transfer for invoices totaling $5,000 or higher (no split tender). Invoices totaling less than $5,000 may be paid via cash, wire transfer, personal or business check, or by credit card (Mastercard, Visa, Discover) 3.2. Payment is due upon closing of the Auction session, or upon presentment of an invoice. Auctioneer reserves the right to void an invoice and cancel all bids by bidder if payment in full is not received within 7 days after the close of the Auction. In cases of nonpayment, Auctioneer's election to void a sale does not relieve the Bidder from their obligation to pay Auctioneer its fees (seller's and Buyer's premium) on the lot and any other damages pertaining to the lot.
Shipping & Handling
Shipping and Handling are not included in your bid. Items are being sold AS-IS, Where_IS. Shipping and handling are a bidder expense. All items purchased at this auction by bidders with shipping addresses in the continental United States will be shipped via Fedex Home/Ground, UPS Ground, USPS, or through a third party shipping agency at Auctioneer's discretion. Items purchased by bidders with shipping addresses located outside of the continental United States will be shipped via USPS. Furniture or other oversized items purchased by online or absentee bidders will be shipped using a third party shipping company. If you wish to pick up items you have won locally, you must contact Mound City Auctions by email at [email protected] within 24 hours of the end of the auction & state a request to pick up your items in person. If you wish to choose an alternate method of shipping for your items, you must contact Mound City Auctions at [email protected] within 24 hours of the end of the auction & state a request to choose a different shipping method. All items will be shipped with insurance coverage & signature confirmation to the shipping address that the winning bidder registered for the auction with - no exceptions.
Tax Information
Missouri residents (or anyone picking up their items in MO.) will be charged 8.613% sales tax.
