Estate Sale Auction: Toys, Collectibles

PAYPAL ADDRESS: simplybidonit@gmail.com CUSTOMER SERVICE PHONE NUMBER: 908-954-8464 INVOICE AND PAYMENT QUESTIONS call Liveauctioneers if you want to pay by credit card because we use their Payment system their phone number is: 1 888 600 BIDS (2437) Please Make sure if you register and place bids you will pay on time. Payment for this auction must be received ASAP or order will be cancelled. As always we appreciate your business. We will be launching many more collectible auctions in the future. International customers need to pay via paypal. You need to call LiveAuctioneers to sign up for their payment option so you can pay via any major credit card Please call them at: 1 888 600 BIDS (2437) For Customer Service Questions Please Call us at 908-954-8464 Payments: We accept Paypal, and All Major Credit Card Check or a Money Order can be accepted but call us first so we tell you exactly where to send the check. All Items must be paid for prior to shipping. Moving forward any auction that you win items in must be paid for before being able to place bids in the next auction. We have additional business associates working hard to provide unique products all the time please be respectful to us and our clients so we can be prompt with delivery. We will not make attempts to collect money over the phone. You must call us between Regular Working Hours 9am-5pm Mon-Saturday, after the Specified date your order will be cancelled and those items will be put back into the auction. Please note all orders over 50.00 will require Insurance to be paid by winning bidder. This is to protect all parties involved. Please Note items can take up to 7 business days from the Items being paid ending to be shipped out. Most orders will go out much faster but please be aware of this timeline. Please Note items that get a bid on them that are breakable in nature will be handled by a third party shipping facility. You will need to pay your invoice first for the products then you will be contacted by our 3rd party shipping service to pay your shipping cost then your items will be shipped out. TERMS AND CONDITIONS OF SALE - AGREEMENT BETWEEN EZBARTERBID LLC AUCTION COMPANY, AND BIDDER BY EITHER REGISTERING TO BID OR PLACING A BID, THE BIDDER ACCEPTS THESE CONDITIONS OF SALE AND ENTERS INTO A LEGALLY, BINDING, ENFORCEABLE AGREEMENT WITH EZBARTERBID LLC AUCTION COMPANY. The following terms and conditions constitute the sole terms and conditions under which EZBARTERBID LLC AUCTION COMPANY ("Ezbarterbid Auction") will offer for sale and sell the property described in the Catalog. These Conditions of Sale constitute a binding agreement between the Bidder and Ezbarterbid Auction with respect to the auction. By bidding at auction, whether in person, through an agent or representative, by telephone, facsimile, on-line, absentee bid, or by any other form of bid or by any other means, the Bidder acknowledges the thorough reading and understanding of all of these Conditions of Sale, all descriptions of items in the Catalog, and all matters incorporated herein by reference, and agrees to be fully bound thereby. NO BID MAY BE PLACED IN ANY MANNER UNLESS THE BIDDER HAS FULLY REVIEWED AND AGREES TO ALL OF THE "CONDITIONS OF SALE" EITHER PRINTED IN THE CATALOG OR ON-LINE, AS WELL AS THE TERMS OF THE REGISTRATION FORM. BY PLACING ANY BID, THE BIDDER REPRESENTS AND WARRANTS TO RR AUCTION THAT HE OR SHE HAS FULLY REVIEWED AND AGREES TO BE BOUND BY ALL OF THESE "CONDITIONS OF SALE" AND THE TERMS OF THE REGISTRATION FORM. WITHOUT SUCH REPRESENTATION, WARRANTY AND AGREEMENT, Ezbarterbid Auction WOULD NOT PERMIT THE BIDDER TO BID. Bidder and Ezbarterbid Auction agree that any agreements between the Bidder and Ezbarterbid Auction including but not limited to these Conditions of Sale are entered into in Flemington NJ, Hunterdon County, which is where the agreements are to be performed and the auction to take place, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location. Both Ezbarterbid Auction and the Bidder agree that any disputes under these Conditions of Sale, the subject matter hereof, the entering into, or any aspect of the auction, shall be exclusively governed by Flemington NJ, Hunterdon County law, and that any and all claims or actions shall be brought and maintained only in Flemington NJ, Hunterdon County. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY. The Bidder hereby consents that any dispute shall be presented in confidential binding arbitration before a single selected Arbitrator selected by the American Arbitration Association. The Bidder and Ezbarterbid Auction herby agree that the dispute shall go to binding arbitration in accordance with the commercial rules of the American Arbitration Association. The American Arbitration Association arbitration shall be conducted under the provisions of the Federal Arbitration Act and the Bidder consents to jurisdiction in The Commonwealth of New Jersey. Any dispute, claim, cause of action must be brought within one (1) year of the alleged breach, default or misrepresentation or the claim is waived. After one (1) year, the Bidder hereby releases and discharges Ezbarterbid Auction from any and all legal, equitable, administrative and/or other claims, counterclaims, demands, setoffs, defenses, accounts, suits, debts, dues, actions, causes of action, proceedings, arbitrations, damages, executions, judgments, findings, controversies and disputes, whether known or unknown or suspected or unsuspected, whether in law or equity, that the Bidder have or may have had against Ezbarterbid Auction arising from or relating to any claim whatsoever. Both Bidder and Ezbarterbid Auction agree that these provisions are intended to be binding on all parties in the event of any dispute specifically including third party claims and cross-actions brought by either Ezbarterbid Auction or Bidder, and that absent such agreement, Ezbarterbid Auction would not permit Bidder to bid hereunder. Any violation of the terms of this Paragraph shall entitle Ezbarterbid Auction to reasonable attorney fees and litigation costs in addition to all other available remedies, all of which remain reserved. The Bidder hereby agrees that Ezbarterbid Auction shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than set forth in this paragraph as conclusive evidence of the parties' agreement, and the parties further agree that the court shall immediately dismiss any action filed in such jurisdiction. An award granted in arbitration is enforceable in any court of competent jurisdiction. The arbitrator's award may be enforced in any court of competent jurisdiction. This agreement and any claims shall be determined and construed under Flemington New Jersey, Hunterdon County law. Ezbarterbid Auction is in compliance, to the fullest extent possible, with Flemington New Jersey, Hunterdon County procedures regarding the bonding of auctioneers. Auctioneer and Auction: 1. This Auction is presented by Ezbarterbid Auction, a d/b/a/ of Ezbarterbid Auction Company, LLC, as identified with the applicable licensing information on the title page of the catalog or on the EZBarterBid Internet site (the "Auctioneer"). The Auction is conducted under these Terms and Conditions of Sale and applicable state and local law. Announcements and corrections from the podium at live auctions and those made through the Terms and Conditions of Sale appearing on the Internet at the EZBarterBid site supersede those in the printed catalog. Bidder/Bidders: 2. "Bidder" or "Bidders" shall mean the original Bidder of the property from Ezbarterbid Auction and not any subsequent owner or other person who may acquire or have acquired an interest therein. If Bidder is an agent, the agency must be disclosed in writing to Ezbarterbid Auction prior to the time of sale, otherwise the benefits of the warranty shall be limited to the agent and not transferable to the undisclosed principal. 3. The rights granted to Bidders under these Terms and Conditions of Sale are personal and may not be assigned or transferred to any other person or entity, whether by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be absolutely void and unenforceable. No third party may rely on any benefit or right conferred on any Bidder by these Terms and Conditions of Sale. 4. Bids will not be accepted from minor persons under eighteen (18) years of age without a parent's written consent containing an acknowledgment that the Terms and Conditions of Sale herein and indicating their agreement to be bound thereby on behalf of the Bidder. 5. Any person participating or registering for the Auction agrees to be bound by and accepts these Terms and Conditions of Sale. 6. All Bidders must meet Auctioneer's qualifications to bid. Any Bidder who is not a client in good standing of Ezbarterbid Auction may be disqualified at Ezbarterbid Auction's sole option and will not be awarded lots. Such determination may be made by Ezbarterbid Auction in its sole and unlimited discretion, at any time prior to, during, or even after the close of the Auction. Ezbarterbid Auction reserves the right to exclude any person from the auction. 7. If an entity places a bid, then the person executing the bid on behalf of the entity agrees to personally guarantee payment for any successful bid. 8. By accepting the Terms and Conditions of Sale, Bidder personally and unconditionally guarantees payment. If the Bidder is a corporation, the officers, directors, and principals of the corporation hereby agree to personally and unconditionally guarantee payment as part of the corporation's agreement to bid. The authorized representative of any corporate Bidder who is present at the sale shall provide Ezbarterbid Auction or its agent, prior to the commencement of the bidding (or at the time of registration), with a statement signed by each principal, director and officer that they each personally and unconditionally guarantee any payment due Ezbarterbid Auction. Credit: 9. In order to place bids, Bidders who have not established credit with the Auctioneer must either furnish satisfactory credit information (including two collectibles-related business references) or supply valid credit card information, well in advance of the Auction. Bidders who are not members of Ezbarterbid should pre-register before the close of the Auction to allow adequate time to contact references. Credit will be granted at the discretion of Auctioneer. Additionally Bidders who have not previously established credit or who wish to bid in excess of their established credit history may be required to provide their social security number or the last four digits thereof so a credit check may be performed prior to Auctioneer's acceptance of a bid. Check writing privileges and immediate delivery of merchandise may also be determined by pre-approval of credit based on a combination of criteria: EZBarterBid history, related industry references, bank verification, a credit bureau report and/or a personal guarantee for a corporate or partnership entity in advance of the auction venue. Buyer's Premium: 10. All bids are subject to a Buyer's Premium which is in addition to the placed successful bid. The buyer's premium will be added to the successful bid price and is payable by the Bidder as part of the total purchase price. The Bidder acknowledges and agrees that a 0% Buyer's Premium will be added to the hammer price on all individual lots if payment is made by cash, check or wire payments. Ezbarterbid may accept a current and valid VISA or MasterCard, credit or debit cards and/or PayPal for payment for winning bids under $5,000.00, but under the express condition that any property purchased by credit or debit card shall not be refundable, returnable, or exchangeable, and that no credit to Buyer's credit or debit card account will be issued under any circumstances. In addition, there will be an additional 2.5% buyer's Premium for Bidders who chose to pay via credit card or Paypal for invoices of $5,000 or less. The last sentence constitutes Ezbarterbid Auction's "official policy" regarding returns, refunds, and exchanges where credit or debit cards are used. For payment other than by cash, delivery will not be made unless and until full payment has been actually received by Ezbarterbid Auction, i.e., check has fully cleared or credit or debit card funds fully obtained. Unless otherwise agreed in a writing signed by Ezbarterbid Auction, payment in full is due within thirteen (13) calendar days of the auction or within twelve (12) calendar days of the invoice date, whichever is later. Bidding: 11. By submitting a bid, whether online, in person, by mail, by phone, by facsimile or through an employee or agent, the Bidder acknowledges (i) receipt of the catalogue, (ii) that the Bidder has read the Terms and Conditions of Sale and the descriptions for the lots on which they have bid, and (iii) that they agree to adhere to these Terms and Conditions of Sale. 12. Each Bidder's determination of its bid should be based upon its own examination of the item(s), rather than the strict reliance as to what is represented in this Catalogue, online or elsewhere. In any purchase or sale, the value of the item(s) is determined by the price. THE BIDDER HEREBY ASSUMES ALL RISKS OF VALUATION CONCERNING ANY AND ALL PURCHASES. 13. EZBARTERBID AUCTION IS NOT RESPONSIBLE FOR ERRORS IN BIDDING. A Bidder should make certain to bid on the correct lot and that the bid is the maximum (plus the 0% Buyer's Premium) that the Bidder is willing and able to pay. Since other Bidders (by mail, facsimile and in person) will be present, and since a re-offering could damage the momentum of the sale, once the hammer has fallen and the Auctioneer has announced the winning Bidder, such Bidder is unconditionally bound to pay for the lot, even if the Bidder has made a mistake. 14. If the description of any lot in the catalogue is incorrect (e.g. gross cataloging error), the lot is returnable if returned within five (5) calendar days of receipt, and received by Ezbarterbid Auction no later than twenty-one (21) calendar days after the sale date. NO RETURN OR REFUND OF ANY AUCTION LOT WILL BE CONSIDERED EXCEPT BY REASON OF LACK OF AUTHENTICITY, UNLESS OTHERWISE PROVIDED IN THESE TERMS AND CONDITIONS OF SALE. 15. All prospective Bidders who examine lots in person prior to the sale shall personally assume all responsibility for any damage they cause in so doing. Ezbarterbid Auction shall have sole discretion in determining the value of the damage caused, which shall be promptly paid by the prospective Bidder. 16. Title to any lot remains with Consignor, any secured party of the Consignor, or assignee of Consignor, as the case may be, until the lot is paid for in full by Bidder. Ezbarterbid Auction reserves the right to require payment in full before delivering any lot to the successful Bidder. 17. It is the Bidder's responsibility and obligation to have the lots fully insured while in their possession. Bidder assumes any and all RISK OF LOSS once the lot(s) is in Bidder's possession. 18. Bidder grants to Ezbarterbid Auction or its assigns the right to offset any sums due, or found to be due by Ezbarterbid Auction, and to make such offset from any past, subsequent or future consignment, or items acquired by Bidder in possession or control of Ezbarterbid Auction or from any sums due to Bidder by Ezbarterbid Auction. Bidder further grants Ezbarterbid Auction a purchase money security interest in such sums or items to the extent applicable, and agrees to execute such documents as may be reasonably necessary to grant Ezbarterbid Auction such security interest. Bidder agrees that ezbarterbid Auction and its assigns shall be a secured party with respect to items bought by Bidder and in the possession of Ezbarterbid Auction, to the extent of the maximum indebtedness, plus all accrued expenses, until the indebtedness is paid. 19. By bidding in this sale, Bidder personally and unconditionally guarantees payment. If the Bidder is a corporation, the officers, directors, and principals of the corporation hereby agree to personally and unconditionally guarantee payment as part of the corporation's agreement to bid. The authorized representative of any corporate Bidder who is present at the sale shall provide Ezbarterbid Auction or its agent, prior to the commencement of the bidding (or at the time of registration), with a statement signed by each principal, director and officer that they each personally and unconditionally guarantee any payment due Ezbarterbid Auction. 20. Ezbarterbid Auction may at its sole and absolute discretion, make loans or advances to Consignors and/or prospective Bidders. 21. If a dispute arises concerning ownership of a lot that has been bid upon during the course of the sale, Ezbarterbid Auction reserves the right to commence a statutory interpleader proceeding at the expense of the Consignor and successful Bidder and any other applicable party, and in such event shall be entitled to its reasonable attorney's fees and costs. 22. In the event of a successful challenge to the title to any goods purchased, Ezbarterbid Auction agrees to reimburse any Bidder in an amount equal to the successful bid price actually paid by Bidder at auction plus any Buyer's Commission actually paid, in full and complete satisfaction of all claims, which once tendered by Ezbarterbid Auction, relieves and releases Ezbarterbid Auction from any responsibility whatsoever to the Bidder, even if the instrument is not cashed or is returned. Bidding Options: 23. Non-Internet bids (including but not limited to podium, fax, phone and mail bids) are treated similar to floor bids in that they must be on-increment. Any podium, fax, phone, or mail bids that do not conform to a full increment will be rounded up or down to the nearest full increment and this revised amount will be considered your high bid. 24. When identical mail or FAX bids are submitted, preference is given to the first received. To ensure the greatest accuracy, written bids should be entered on the standard printed bid sheet and be received at Ezbarterbid Auction's place of business at least twenty-four (24) hours before the Auction start. Auctioneer is not responsible for executing mail bids or FAX bids received on or after the day the first lot is sold, nor Internet bids submitted after the published closing time; nor is Auctioneer responsible for proper execution of bids submitted by telephone, mail, FAX, e-mail, Internet, or in person once the Auction begins. 25. In internet only Auctions, bids on an item must raise the current high bid by at least 10%. Bids will be accepted in whole dollar amounts only. No "buy" or "unlimited" bids will be accepted. In a live sale, bids on an item can change at the discretion of the auctioneer. 26. Ezbarterbid Auction reserves the right to accept or decline any bid. Bids must be for an entire lot and each lot constitutes a separate sale. All bids are per lot unless otherwise announced. Live auction lots will be sold in their numbered sequence unless the Auctioneer directs otherwise. It is unlawful and illegal for Bidders to collude, pool, or agree with another Bidder to pay less than the fair value for lot(s). Bidders participating in both live and online auctions acknowledge that the law provides for substantial penalties in the form of treble damages and attorneys' fees and costs for those who violate these provisions. For live auctions the auctioneer will have final discretion in the event that any dispute should arise between bidders. The auctioneer will determine the successful bidder, cancel the sale, or re-offer and resell the lot or lots in dispute. Ezbarterbid Auction will have final discretion to resolve any disputes arising after the sale and in online auctions. If any dispute arises our sale record is conclusive. Payment: 27a. Subject to fulfillment of all of the Terms and Conditions of Sale set forth herein, at the close of the Auction, title to the offered lot will pass to the highest bidder acknowledged by Ezbarterbid Auction, and such bidder thereupon (a) assumes full risk and responsibility (including without limitation, liability for or damage to frames or glass covering prints, paintings, photos, or other works), and (b) will immediately pay the full purchase price or such part as we may require. In addition to other remedies available to Ezbarterbid Auction by law, Ezbarterbid Auction reserves the right to impose from the date of sale a late charge of 1.5% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. All property must be removed from EZbarterbid Auction's premises by the Bidder at his/her expense not later than the same day of its sale and if it is not so removed, (i) a handling charge of 1% of the total purchase price per month from the 1st day after the sale until its removal will be payable to EZbarterbid Auction by the Bidder, with a minimum of 5% of the total purchase price for any property not so removed within 60 days after the sale, and (ii) Ezbarterbid Auction may send the purchased property to a public warehouse for the account, at the risk and expense of the Bidder. 27b. All purchases are subject to the New Jersey 7% sales tax unless the purchaser possesses a New Jersey sales tax exemption number. 28. Payment is due upon closing of the Auction session. Auctioneer reserves the right to void an invoice if payment in full is not received within the same calendar days 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. 29. All sales are strictly