MUSICAL INSTRUMENTS, TRAINS & TOY AUCTION

TERMS These are the Terms and Conditions of the online auction: 1.)Registration: To bid on the Auctioneer's online auction, you will need to complete registration. You must be eighteen years old or older to register. You agree that all information that you provide during the registration process will be true and accurate. You will be forbidden from participation in the Auctioneer's auctions indefinitely, should you provide any false information during the registration process. All prospective bidders must be registered 24 hours before the auction start time! Once the auction begins we cannot guarantee we will be available to approve any bidders. Note: international Bidders (bidders outside the United States) are required to pay through Liveauctioneers. 2.) Bidder's Duty to Update Information: Whether you are a new or returning bidder, you agree that if any information provided changes, including contact information and credit card information, prior to, during or after this sale, you will notify the Auctioneer of the change by updating your bidder profile. 3.) Conduct of Sale: All deposits, bids, and credits in this sale will be made in US Dollars. You agree not to use any hardware, software, program or system that would interfere with the orderly conduct of this sale. 4.) Bidder's Duty to Inspect and Investigate: You acknowledge that the Auctioneer is providing you with the opportunity to inspect the items being offered for sale in this auction. The Auctioneer STRONGLY URGES you to attend the preview of this auction. If you are unable to preview the items in person or are in doubt about the condition or suitability of any item, please bid accordingly or DO NOT BID. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. Photographs and Descriptions: The Auctioneer regularly posts item descriptions and photographs to aid bidders in the bidding process, and we make every effort to ensure that they accurately represent the items being offered for sale. We provide a guideline of condition for some of the ungraded items in the auction -"Poor, Fair, Good, Very Good, Excellent, etc. However, this is our opinion of the condition and not a guaranteed determination by a grading service. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections, or the effects of aging. You agree that your failure to inspect or become fully informed of the items offered will not be grounds for a refusal to pay the Auctioneer, nor for any claim against the Auctioneer. 5.) Warranty and Condition of Items Sold: All lots are sold AS IS, with all faults, and with no express or implied warranties. No action taken by the Auctioneer or its agents will or is intended to create any express or implied warranty on items in the sale. The Auctioneer disclaims any express or implied warranties including any warranty of age, condition, size, quality, accuracy, requirements, or any other statutory or common law warranty. It is believed that all descriptions are accurate, but the descriptions are not guaranteed. Please submit all questions by NOON the business day prior to the auction. All sales are final! 6.) Changes in Circumstance: All aspects of this auction are subject to change without notice. The Auctioneer reserves the right to (a) add or remove items from the auction, (b) split or combine lots, (c) add or change minimum bids or reserve prices, if any, (d) cancel or reschedule the sale of an item, lot, auction or event, (e) make changes to the auction inspection or pick up times, or (f) take any other action the Auctioneer deems necessary to effect the fair conduct of the sale for protection of buyers, sellers, or other parties interests. The Auctioneer is not liable, nor has control of online transmission speeds or bid increments placed by registered Live Auctioneer users. 7.) Reserves: The majority of items are unreserved, but occasionally items may carry a moderate reserve. Please note then when an item carries a reserve, the reserve is usually somewhere below our low estimate. In the case of a reserved item, the seller has authorized the Auctioneer to bid on their behalf until the reserve is reached. 8.) Winning Bids: If you place a bid in the auction and win, you will be obligated to pay for the item that you won, along with any applicable fees that winning the bid incurs. 9.) Payment: Note: international Bidders (bidders outside the United States) are required to pay through Liveauctioneers. Invoices will be sent out within 3 business days of the completion of the auction, and payment is required within 5 days of the close of the auction. We prefer payment through Liveauctioneers. We DO NOT accept Paypal. Buyer must contact us with Credit Card information for payment, Live Auctioneers does not give us that information. On the 7th day following the auction, all unpaid balances must be paid. On the 10th day following the auction, all unpaid balances must be paid, or there will be storage fees. All shipping, handling and insurance charges are the responsibility of the winning buyer. Shipping charges will be charged as a separate charge paid to the shipper. Therefore, all shipping inquiries should be made prior to placing any bids. 10.) Suspension: You understand and agree that if at the end of the auction, the Auctioneer is unable to charge your credit card for the entire amount of your purchase, the Auctioneer will suspend your online bidding privileges indefinitely. Chargebacks Prohibited: You agree that you will accept all charges placed on the credit card you provide, and you agree that you will not charge back any amount that the Auctioneer charges to your credit card. You agree that this provision applies equally to amounts charged in connection with any items you have won AND any costs or fees discussed in these Terms and Conditions. 11.) Shipping: We utilize an outside shipper, The Packing Place in East Stroudsburg, Pa. They can be contacted directly at 570-421-8048. All items shipped will require postal insurance and any items valued over $500. will require signature confirmation. Items will only be shipped to the address on your invoice from Liveauctioneers - we will not ship to an alternate address. Merchandise will be sent to the shipper within 3 days of payment being received. Buyer must contact the shipper to acquire postage fees and pay for shipping. Furniture & large or bulky items are the responsibility of the buyer to find a shipper if The Packaging Place is unable to ship due to size or weight, all large items must be picked up or have shipping arranged within 3 days of auctions end. 12.) Buyers Premium: A 19% buyers premium is added to every purchase. This means that if your winning bids add up to $100.00, you will be charged $119.00, plus sales tax (for PA residents) at checkout. 13.) Sales Tax: Sales tax will be collected on purchases for all residents of Pennsylvania, and anyone that may pick up their purchases at our facility unless holding a valid PA Sales Tax Exemption certificate and executing our Sales Tax Exemption form. 14.) Default and Resale: You agree that if you fail to pay for items you have won for any reason, or in a timely manner your account will be declared in default. The Auctioneer will have the right to immediately resell the item, and you agree to any additional costs incurred with the resale and any deficiency between your original purchase price and the resale price. 15.) Disposal of Unclaimed Items: If you refuse to pay for or pick up any item within 7 days of auctions end the Auctioneer will have the option of reselling, removing, storing or disposing of the merchandise. You understand and agree that you will be responsible for all deficiencies and all legal, collection, transportation, relisting and storage expenses associated with your delinquency. 16.) Claims and Venue: Any claim or controversy relating to these Terms and Conditions, or to any breach thereof, will be settled either (a) in Northampton County, PA's Small Claims Court, if the claim in question amounts to less than $12,000, or (b) by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, if the claim in question amounts to more than $12,000. In the event of arbitration, judgments upon the award rendered by the arbitrator may be entered by any court having jurisdiction. You agree that all claims will be litigated or arbitrated on an individual basis, and will not be consolidated with any claim made by another party. Venue in every case will be Northampton County, PA. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should any party file an action contrary to this paragraph, the counterparty may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and do not prevail, and/or if the Auctioneer must take action against you as a result of your violation of these Terms and Conditions, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs. 17.) Liability: In all cases, the Auctioneer's liability, and the liability of the seller of the items in the auction will be limited to your purchase price. The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of the auction, or the withdrawal of any lot from the auction. In no event will the Auctioneer be liable for lost profits, incidental or consequential damages arising out of or in connection with this auction or any related sale or transaction. The Auctioneer is not responsible for any action taken by any seller, bidder, or other third parties before, during or after the auction. You understand that this auction is available online, and so relies on devices and programs that may malfunction without warning. You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that the Auctioneer may void any sale if the Auctioneer determines a transaction to have been affected by any site malfunction. 18.) Indemnification: You agree to indemnify, defend, and hold harmless the Auctioneer and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives, including but not limited to personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions. 19.) Limitations: These Terms and Conditions do not nor are they intended to create any agency, partnership, joint venture or employment relationship. These Terms and Conditions cannot be altered except in writing by the Auctioneer. 20.) Live Auctioneers bids are executed by a Dotta Auction staff member from a proxy computer terminal located in the auction room. Other competitive bids may include bidders on the telephone, in the auction room and absentee bids left with the auctioneer. Therefore, tie bids may occur between Live Auctioneers bidders and other bidders. In the event of a tie bid, the auctioneer has sole discretion to award the lot to the high bidder of his choosing, most often to the floor bidder. Governing Law: These Terms and Conditions will be governed by and construed under the laws of the Commonwealth of Pennsylvania. 21.) Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreement relating to the same matter.