Gregory Hake Lionel & MTH Train Auction #2

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 concerning the property. Auctioneer shall not be held responsible for any representations and/or genuineness of description of any property. UNLESS OTHERWISE EXPRESSLY NOTED BY THE AUCTIONEER, ALL SALES ARE FINAL AND ALL PROPERTY IS SOLD ?AS IS,? ?WHERE IS,? AND ?WITH ALL FAULTS? ? THERE ARE NO EXPRESS OR 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 THE BIDDER. Sales Final and Inspection of Lots Bidder acknowledges that Bidder has been provided the opportunity to inspect (by reviewing pictures and asking questions of Auctioneer about the property before purchasing same). Bidder has not physically inspected the property. Bidder is solely responsible for determining the condition of any property that Bidder bids on. Disputes between Bidders In case of any dispute between bidders, the Auctioneer, at his sole and complete discretion, may reopen the bidding according 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 TO ENSURE PROPER BIDDING, THE BIDDER SHOULD BE CAREFUL AND EXAMINE ALL PICTURES POSTED ON THE WEBSITE FOR THAT PARTICULAR LOT BEING AUCTIONED AND ASK QUESTIONS OF THE AUCTIONEER PRIOR TO BIDDING. It is the responsibility of the bidder to make sure that Auctioneer is aware of his or her intent to place a bid. Bidders should also be careful to bid on the correct lot and ensure that Bidder?s bid is for the amount intended. Auctioneer is not responsible for errors in bidding by Bidder. 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. AUCTIONEER DOES NOT GUARANTEE ITS WEBSITE?S USE OR FUNCTION. 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 THE AUCTIONEER MAY NOT HAVE ANY CONTROL OVER THE WEBSITE(S) AND CAN NOT GUARANTEE ITS OPERATION OR PERFORMANCE. THERE ARE OCCASIONAL INTERRUPTIONS AND DELAYS RELATING TO THE USE OF THE INTERNET AND THE WEBSITE. BIDDER ACKNOWLEDGES THAT HARDWARE MALFUNCTIONS, SOFTWARE MALFUNCTIONS, VIRUSES, AND SIMILAR ISSUES DO OCCUR AND ARE BEYOND THE KNOWLEDGE, SCOPE, AND CONTROL OF THE AUCTIONEER. USE OF THE INTERNET BIDDING OPTION THROUGH ANY WEBSITE IS AT BIDDER?S OWN RISK. Acceptance of Bids The Auctioneer may disqualify or refuse any bid believed to be fraudulent, illegitimate, not in good faith, made by someone who is not competent, or made in violation of this Agreement or any applicable law. Notification The successful Bidder will be notified by email within three (3) business days after the auction closes. Breach of Contract If this Agreement, or any terms and conditions announced by Auctioneer, are not complied with, in addition to other remedies available to the seller by law, including without limitation, the right to hold the Bidder liable for the bid price, Auctioneer and Seller may: publicly or privately resell the property, with the non-complying Bidder being held liable for the payment of any deficiency purchase price, plus all costs incurred; and/or cancel the sale and retain as liquidated damages all payments made by the non-complying Bidder. Auctioneer?s commissions, all incidental damages, expenses, court costs, costs of collection, including attorneys? fees, will be charged to and be the responsibility of the non-complying Bidder. Memorandum of Sale Bidder authorizes Auctioneer to execute any memorandum of sale on behalf of and in the name of Bidder, or in Auctioneer?s own name, in connection with the purchase of any lot, in accordance with Bidder?s bid. Auctioneer Liability Auctioneer acts solely as an agent for Seller and is a party to a contract for the sale of any property offered by the Seller for sale and/or sold at this auction. IN NO EVENT SHALL AUCTIONEER BE LIABLE TO BIDDER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AUCTION OR THE PERFORMANCE OR BREACH THEREOF. AUCTIONEER?S LIABILITY TO A BIDDER SHALL IN NO EVENT EXCEED THE TOTAL OF THE PURCHASE PRICE, BUYER?S PREMIUM, AND TAXES PAID BY BIDDER TO AUCTIONEER, REGARDLESS OF WHETHER BIDDER?S CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. Sale of Lots All sales are to be per lot unless otherwise mentioned by the Auctioneer. Auctioneer reserves the right to include in the auction any lot and the right to withdraw any lot before calling for bids at the beginning of the live online auction. Auctioneer may combine, subdivide, regroup or reorganize any lots. Severability If any provision of this Agreement is declared or determined to be null, void, inoperative, illegal, or invalid for any reason, the validity of the remaining parts, terms or provisions will not be affected thereby and they will retain their full force and affect, and any null, void, inoperative, illegal or invalid part, term or provision will not be deemed to be part of this Agreement. Interpretation Each party to this Agreement acknowledges that it has read, or has had the opportunity to read, the terms provided herein. The parties agree that this Agreement reflects the terms as agreed to by the parties hereto. In the event a term or terms is considered ambiguous, neither party hereto, nor their respective counsel, will be considered the draftsperson of this Agreement for the purpose of causing the terms of this Agreement to be construed against a party hereto. Applicable Law The parties hereto acknowledge and agree that this Agreement is made and entered into in the State of Missouri, and will in all respects be interpreted, enforced and governed under the internal laws (and not the conflicts of laws) of the State of Missouri. If the parties hereto, or any one of them, litigate any actual or potential breach of this Agreement, the parties hereto stipulate and agree that the exclusive and continuing venue for any such action will be in St. Charles County, Missouri, or the United States District Court, Eastern District of Missouri. Rights not Transferable All rights granted herein are personal and exclusive to the registered bidder, and may not be assigned or transferred to another person or entity, by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be void and unenforceable. No third party may rely on any benefit or right conferred herein or granted to any bidder. Partial Payment If the Bidder pays only a portion of the purchase price for any or all lots purchased, Auctioneer shall apply the payment received to such lot or lots as Auctioneer, in its sole discretion, deems appropriate.

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