Carter Train Collection Part 2

Online Buyers premium will be 24% + credit card fees and All registered online bidders will pay online through Live Auctioneers payment systems No Exceptions. Your Bid online is a Legal Binding Contract. This Auction will hold inhouse bidding with Phone-Absentee & Online bidding. By Attending &/or Participating in This Auction, All Attendees Agree to ALL Terms & Conditions of Auction, both Written & Announcements. ~~~TERMS & CONDITIONS for PERSONAL PROPERTY AUCTION~~~ NOTE: See Additional Terms & Conditions for Firearms *LEGALLY BINDING: By Registering to bid onsite &/or bidding online &/or signing this document, you are entering into a legally binding Contract. These Bidder Terms and Conditions apply to Auctions conducted by Cagle Auction Company, Inc. (?Auctioneer?), and constitute a legal, valid, binding, and enforceable contract between Auctioneer and each Bidder. These bidder terms and conditions also form the basis for the contract of sale between the Seller and the Buyer. REGISTRATION: Buyers represent and warrant that this registration is made for the Buyer alone and not on behalf of any other person. The Auctioneer reserves the right to not approve registration, revoke any Bidder Card & eject any person at any time. INTERNATIONAL BUYERS: Prior to being approved, International Bidders MUST provide a copy of your Contract for Services Agreement & Power of Attorney with a U.S. Freight Forwarder that is capable of meeting all export licensing requirements. The Auctioneer?s Invoice will not be used as an export documents & the Auctioneer will NOT act as your shipper/exporter (PPIN) under any circumstances. SETTLEMENT: The United States and State Laws for failure to pay shall apply. Auctioneer may require that the payment of large amounts be made by certified funds or wire transfer. The Buyer agrees to make agreed settlement on sale day during or immediately after the Auction in U.S. Currency, by Wire Transfer, Bank Certified U.S. Funds, or company check with Bank Letter of Guarantee, Debit or Credit Payment Card (see Chargeback Waiver*). In default of payment the Auctioneer in addition to all other remedies allowed by law, will retain any monies received & resell the property at public sale without further notice. Any deficiency, including expenses of resale, will be charged to the defaulting Bidder. ? Here?s how your irrevocable Bank?s Letter of Guarantee should read: ?[Customer Name] is a customer of this bank. This bank guarantees for a period of 15 banking days from [sale date] unconditional payment of their company check made payable to Cagle Auction Company, Inc. in the amount of $_____.? *CREDIT CARD CHARGEBACK WAIVER: By accepting the Terms of the Auction Company, the Bidder/Purchaser (YOU) paying by credit card has hereby waived their right to any and all credit card recourse, chargebacks, or Credit Card Company?s refund terms, and accepts the Terms of the Auction Company including written, posted, & announced during Auction. Buyer agrees that such you will not, under any circumstances, initiate a credit card chargeback with respect to any purchases at the Auction you further agree that if, in violation of these Terms and Conditions, a credit card chargeback is initiated, these Bidder Terms and Conditions will be conclusive evidence of your agreement not to initiate a credit card chargeback; and you acknowledge and agree that on the presentation of these Bidder Terms and Conditions to the bank, credit card company, or other financial institution that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse or deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Bidder Terms and Conditions, you initiate a credit card chargeback, even if successful, you will remain liable for all purchases made at the Auction, and you will be responsible for all costs and expenses, including attorneys? fees, incurred by or on behalf of Auctioneer and/or any Seller(s) in challenging the credit card chargeback and in collecting payment. Your agreement not to initiate a credit card chargeback is a condition to your Registration as a Bidder, and for the privilege of bidding at the Auction, and is being made as an inducement for Auctioneer to accept your Registration and to permit you to bid at the Auction. Auctioneer is relying on your agreement not to initiate a credit card chargeback in accepting Your Bidder Registration and in permitting you to bid at the Auction. Bidder hereby accepts this Registration and the Terms herein including all Bidder responsibilities of inspection and that all Property is being sold AS-IS/WHERE-IS (caveat emptor). WIRE TRANSFER FEES: EACH Wire Transfer will incur $30 (Thirty Dollars) fee which will be added to Buyer?s Invoice. Multiple Wire Transfers will incur multiple fees. RETURNED PAYMENTS: Each instance of a returned/unaccepted check or other form of payment not honored by Buyer?s Financial Institution will incur a $30 or 5% fee whichever is greater, in addition to Buyer?s balance owed. Events outside Georgia will incur maximum fees allowed by law. In addition, any previously allowed payment discounts no longer apply, will be reversed & due from Buyer. SALES TAX: Applicable sales tax will be collected from Buyer at checkout. Buyer must provide Auctioneer actual copy of Sales Tax Exemption Documentation for qualified purchases per each State?s Laws/Regulations. BUYER?S PREMIUMS: A Buyer?s Premium, or Buyer?s fee, will be charged on all Lots. The Buyer?s Premium, which will be paid by the Buyer to Auctioneer for its own account, will be calculated as a percentage of the Hammer Price for each Lot, and will be added to the Hammer Price to determine the final Contract Price. For Live auctions ONSITE Buyers, a 15% (Fifteen Percent) Buyer?s Premium will apply with a 2% (Two Percent) discount for Cash or honored approved Check with a Bank Letter of Guarantee. If Auction is available for ONLINE Buyers, a 20% (Twenty Percent) Buyer?s Premium will apply. These Premiums will be added to every purchase to make up the sale total. Buyer?s Premium is sales-taxable. INSPECTION, DESCRIPTION & PHOTOS OF INVENTORY: All property is sold AS-IS, WHERE-IS with ALL faults. BOTH ONSITE & ONLINE Bidders & Buyers agree to physically inspect the property prior to Auction & to rely exclusively upon this inspection in order to bid or purchase at the Auction. By bidding, you acknowledge and agree that you have had a full and fair opportunity to inspect the Lot(s), and that you are relying solely on your inspection and investigation, or that you have waived inspection & investigation, and that you have not relied on any statement, representation, warranty, or guaranty made by any Seller or anyone acting as agent or representative of a Seller (including Auctioneer), and any photographs or other images of Lot(s) are adequate for your purposes. Mileage, Hours, Model Numbers &/or Age of Items are NOT guaranteed. Every effort is made to accurately describe & photo each item, but information & photos are NOT guaranteed or warranted to be exact. If photos are not available for an item, we reserve the right to use substitute photos which will be noted in the description of said item. Auctioneer & Company are not responsible for any errors or omissions in the description or photos of merchandise. NO WARRANTIES: Bidder whether bidding Onsite or Online agrees that all property is sold AS-IS, WHERE-IS with ALL faults. There are no warranties, representations or guarantees, as to quality, character or condition of the property. The implied warranty of merchantability is expressly disclaimed. Auction Buyers shall not be entitled to any adjustments or allowance, rescission, damages or any remedy or claim as to quality, character or condition of any property purchased by the Bidders. MEMORANDA OF SALE: The record of sale kept by the Auctioneer or bookkeeper will be taken & accepted by the Bidder or Buyer as absolute and final in all disputes. ACCESSORIES: All accessories will be separate (not included) from item(s) sold unless otherwise stated. TECHNOLOGY ISSUES/DISRUPTIONS: Auctioneer will not be responsible for technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform, (ii) errors in programming or set-up of the online Auction, (iii) breakdown, disruption, or failure of a Bidder?s internet connection, computer, or system, or (iv) otherwise. Auctioneer may, but will not be required to, continue, suspend, delay, extend, reschedule, close, re-set, or re-start the Auction because of disruptions caused by technology failures or errors, even after bidding has commenced. RISK OF LOSS: The Auctioneer and Seller(s) are not responsible for any lost, damaged or stolen property, of any kind, regardless of circumstance. The Buyer assumes delivery, full responsibility and accepts all risk of loss for any property purchased from the time the Auctioneer accepts the Buyer?s bid regardless of the check out or closing process. The theft of any property should be reported to the local police. It is the right of all Auction Buyers to prosecute anyone caught stealing to the fullest extent of the law. PURCHASES LOADOUT: Purchases cannot be removed until last Auction item is sold and Buyer has fully paid for Buyer?s Purchases & has a paid Invoice. 17. CHECKOUT & REMOVAL: The Buyer has no right of abandonment whatsoever. The Buyer agrees to remove all purchased property within the guidelines & times announced or posted. Property not removed within the time specified will be resold or disposed by the Auctioneer or Seller without additional notice & in addition to all other remedies allowed by law, the Auctioneer will retain all monies received and add any deficiency or expense associated with resale or disposal of the property to the defaulting Buyer. Riggers, movers, electricians or anyone working as such must provide the Auctioneer with Proof of Insurance. The coverage must be at a level acceptable to the Auctioneer & Seller. All removal expenses and the repair of damages caused by removal are at the risk & expense of the Buyer and/or their agent unless otherwise stated on the Auction invoice. AUCTION SITE/BUYER RESPONSIBILITY: Buyer acknowledges that the Auction site is a potentially dangerous place. ALL persons attending the Auction sale at all times shall be there at their own risk, with notice of the conditions at the Premises, the activities on the Premises, and the conduct of Third Parties now given. Buyers shall so advise their agents and employees. The Buyer agrees to indemnify and hold the Auctioneer and Seller harmless from any claims or damages. No person shall have any claim against the Auctioneer, his Agents, employees or principles regardless of personal injury, loss of life or damages to or loss of Property. Buyer also acknowledges responsibility for his actions and conduct and the action and conduct of their agents and employees throughout the sale and checkout process. DISPUTES: Any disputes that arise during the course of the sale or pay period shall be decided by the Auctioneer. The decision of the Auctioneer shall be final and absolute. COMPETITIVE BIDS: All offerings whether Real or Personal Property are subject to competitive bids. In the event an offering does not have the benefit of competitive Bidders, the item may at the Auctioneer?s discretion, be withdrawn from Auction. VEHICLE TITLES: Upon receipt of full payment, Vehicle Title transfer will be completed. CONSIGNMENTS: Auctioneer hereby gives notice to Bidders that some items being sold may be consigned by Third Parties. ADDITIONAL: A) Announcements made by the Auctioneer prior to and throughout the Auction Event shall become a part of this Agreement & are binding & take precedence over any prior advertisements or listings. Although all information has been obtained from sources deemed reliable, the Auctioneer and Seller make no guarantee whatsoever to the accuracy of any printed materials. B) The Auctioneer reserves the right to withdraw items, alter the sale order, bid on Seller?s behalf, and group lots as he deems appropriate. All Auctions are subject to cancellation without notice. Absentee bids will be bid Proxy from the Auctioneer and staff. C) The Bidders and/or Buyers will not hold the Auctioneer liable for the Seller?s misconduct or negligence regarding matters of title or failing to close on a sale or failing to disclose defects of any kind including that of Hazardous Waste. Buyers and Bidders will look to the Seller in these matters. D) All Property is sold with Reserve unless otherwise advertised. E) PAY ATTENTION TO QUANTITIES as we customarily sell ?TIMES THE MONEY?. RESERVATION OF SERVICE: The Auctioneer reserves the right on behalf of the Seller to refuse service or admittance to anyone whether notice is given verbally or written. REGISTRANT INFORMATION & EMAIL: Registrants grant Auctioneer permission to share registration information with affiliates. LOADING/PACKING/SHIPPING: Unless specified in the description of an Item, all Items are ?Local Pick-up ONLY? (no shipping services provided), to be picked up & removed no later than the deadline indicated at the Online Bidding Site, website, email, or posted or announced at the Event location. Buyer is responsible for all packing/loading/shipping arrangements & handling. ONLINE TERMS/CONDITIONS: If offered/available, for Online bidding see Online Host for additional ?Online? Terms & Conditions & Other Important Information & Requirements. COMPANY AS AGENT: Cagle Auction Company, Inc. & CEO for Company, Brandon Pratt are acting as Agents for the Seller exclusively. Companies & Auctioneers are NOT your agent or representative, and are not acting on your behalf. RESPONSIBILITY for ONLINE BIDS & PHONE BIDS: You are responsible for all bids transmitted from your computer or other electronic device or from your Bidder Account. If a Winning Bid is sent from your computer/devices or using your Bidder Account, you will be the Buyer on certification by Auctioneer. SURVEILLANCE/RECORDING: Attendees are hereby notified that Auction premises may be subject to Video &/or Audio recording. Attendees & Bidders acknowledge being notified & accept such surveillance &/or recording. JURISDICTION: These Terms & Conditions are subject to the Laws & Jurisdiction of the County of Athens-Clarke County, & the State of Georgia. 32. FIREARMS: Additional Terms & Conditions apply for purchase of Firearms. ATTENDEE / BIDDER WELLNESS STATEMENTS Attendee is well & does not have any symptoms of illness or sickness. Attendee has not been sick nor had any Covid-19/Variant, RSV, or other Virus symptoms in the last fourteen (14) days. 3. Attendee has not been exposed to anyone who has been sick or has had Covid-19/Variant, RSV, or other Virus in the last fourteen (14) days. I hereby certify that I have read, understand, and agree to be bound by the above Terms & Conditions, as well as any announcements made throughout the Auction. I am declaring & confirming all three (3) above Attendee / Bidder Wellness Statements. The highest bidder shall be the purchaser upon the completion of bid verification. No bidder shall retract their bid. In the event of a dispute between two or more bidders, the auctioneer, at his sole discretion may put the lot up for resale to the highest bidder. A bidder is deemed to have agreed to the Terms of Sale and accepted an item when making a bid. The auctioneer reserves the right to withdraw any lot at any time prior to the time of sale of such lot. The auctioneer reserves the right not to accept any bid which is only a partial advance over the preceding bid or deemed inappropriate. The auctioneer may break down or consolidate any lot or lots at his sole discretion. Cagle Auction Company assumes no responsibility for any liability once a bid is accepted. It is recommended that purchasers arrange insurance for their purchases in advance, and pick up or delivery. Note WE will NOT be holding items. You will need to make arraignments to pick items up after the auction. Except as set out herein, there shall be no warranties or guarantees expressed or implied, statutory or otherwise of any nature. Please take advantage of in person or online preview as all items are sold "As Is, Where Is". No sale shall be invalidated by any reason or defect or inaccuracy of description or otherwise, and no liability shall be borne by the auctioneers by virtue of any such fault or error. All sales are final. Attendance at the auction, preview, or removal by bidders and guests is done at their sole risk. Cagle Auction Co. assumes no risk or liability, statutory, common law or otherwise whatsoever for the safety of those attending at the auction premises. Gallery Bidders inhouse must pay day of sale. Absentee and/or Telephone Bidders must pay within 48 hours upon receipt of notification. Any other forms of payment must be confirmed in advance. Sales tax shall be added to the purchase price of Georgia residents unless satisfactory proof of exemption is filed with the auction office. The purchaser is not entitled to possession until all items have been paid for in full. In the event that the purchase prices are not paid within the prescribed time, the auctioneer shall have the right to resell such items in whatever manner he sees fit without notice to the purchaser. Any shortfall from sale plus commission and expenses thereof shall be paid by the purchaser. All costs and responsibilities of removal shall be borne by the purchaser/bidder within the time prescribed by the auctioneer. The auctioneer may require proof of adequate insurance from the purchaser. The purchaser/bidder herby indemnifies the auctioneer and the consignor(s) against any and all damages arising from the dismantling and removal of any lots. Any lots not removed within the prescribed time shall be subject to storage, moving, disposal and service charges at the sole risk and expense of the purchaser. All such lots shall be deemed as abandoned and shall be subject to resale for the recovery of such charges. The purchaser shall also be liable for any rent or damages sustained by the auctioneer for failure to remove any lot. If for any reason, Cagle Auction Company Inc. is unable to deliver any or all of an awarded lot or title thereof, the sole liability of Cagle Auction Co. shall be the refund of any monies paid on the lot. It is the sole responsibility of the purchaser to remove their items within the prescribed time. ONLINE BIDDING TERMS AND CONDITIONS: ? The conditions set forth below constitute the terms and conditions on which all property is offered for sale. Bidding at auction, whether present or by absentee bid, the buyer agrees to be bound by these terms. Bidders are required to register with proper identification prior to the sale and must use the number issued to them when they are the successful bidder. All items are sold to the highest bidder as acknowledged by the auctioneer. The auctioneer has the right to reject any bid; in the event of a dispute between two bidders, determine the successful bidder or to re-offer and resell the lot in dispute. Should there be any dispute after sale, the record of final sale shall be conclusive. All sales are final. Absentee bids will be executed as a convenience to the customer; however, the auction house will not be responsible for any errors or failure to execute bids. TELEPHONE BIDDING IS ONLY AVAILABLE ON LOTS ESTIMATED AT $100 AND OVER. A minimum bid of $25.00 required on each absentee bid. In the event a left bid is higher than competing bids in the auction hall, the left bid will win the item at the next bidding increment, not necessarily the full amount of the bid. The auctioneer reserves the right to withdraw any lot before or at the sale. Some items offered may be subject to a reserve, which is the confidential minimum price below which such lot will not be sold. We may implement such reserves by bidding on behalf of the Consigner. (20% Buyers Premium on Live Auctioneers) will be added to the hammer price of each lot sold. Buyers are required to pay sales tax on the total sales price, including the buyer's premium. All purchases are subject to the Georgia State Sales Tax of 7% unless the purchaser possesses a Tax Exemption Number or an out of state tax number for likewise merchandise & must be valid, no exceptions. The purchaser is legally responsible for payment. Payment must be made on day of purchase unless prior arrangements have been made with the auction house. Payments accepted are cash (in house only), MasterCard, Visa, Discover Card, American Express. First time buyers must pay by cash or credit card plus fees. Failure to complete payment within the time allocated may result in legal proceedings and most definitely will result in no-issuance of a bidding number in the future. Detailed condition reports are not included in this catalogue. 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. It is the responsibility of prospective bidders to examine lots in person, through an agent or by contacting the gallery to determine their level of interest. Requests for condition reports with additional photographs can be made by emailing through the link on this page. Any condition report given, as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. All counts, weights and measurements are approximate. The Auction House shall bear no responsibility for any error or omission. All property must be removed from our premises by the purchaser on the day of sale & following Monday - Friday 10am Est - 4pm Est. In-house shipping is done as a courtesy to buyer's and will be charged for boxes and materials, and on a lot to lot basis. Arrangements for shipping shall be requested BEFORE bidder submits bid, otherwise items shall be picked up on day of auction. SHIPPING Packaging and handling of purchased lots is at the risk and expense to the purchaser. STANDARD SHIPPING POLICY IS THAT WHEN ITEM IS WON ONLINE ITMES WILL BE PACKED AND DROPED OFF A UGOTMAIL IN Buford Georgia and UGOTMAIL WILL CONTACT YOU TO ARINGNE FOR PAYMENT FOR SHIPPING, CAGLE AUCTION WILL NOT HAVE ANYTHING TO DO WITH PRICE OF SHIPPING & INSURNCE. PLEASE NOTE TO HAVE YOUR UPDATED CONTACT INFORMATION ON LiveAuctioneers IF items are left for 12 days items will be forfeited and sold for storage. For large items to ship we recommend to use uship.com good company. If you are in a Local area in state of Georgia or Alabama with in a reasonable mileage and would like to pay fee for a delivery vs shipping, please contact Brandon Pratt and will discuss option for delivery date. PAYMENTS. It is not uncommon for the price of packing/shipping to exceed the purchase price due to location of buyer and size and weight. Returns will NOT be Accepted as a result of packing/shipping costs. We will not be held responsible for choosing a shipper in the event of any act and/or omissions in packing. We do not assume responsibility for damages. Regardless of shipping method, auction house must have received cleared funds to release property. Shipping may take up to four weeks after payment is received. IF PAID PROPERTY IS NOT REMOVED WITHIN THIRTY (30) DAYS AFTER THE CLOSE OF THE AUCTION, THE OWNERSHIP OF THE ITEM SHALL REVERT TO Cagle Auction Company Inc. & NO Refunds will be given, and item will be sold for storage. ***SHIPPING CHARGES ARE NON- REFUNDABLE.*** The seller shall assume NO RESPONSIBILITY for damage or loss by the shipper, i.e. UPS, USPS, NO International Shipping. FEDEX, DHL, etcetera. If a loss or damage should occur during shipment, it is incumbent upon the buyer to file for recovery of any losses incurred. Under no circumstances can the claim exceed the hammer price (not including the buyer's premium). PLEASE NOTE: Shippers refuse to acknowledge the buyer's premium as a requisite part of the sale amount. Returns are not accepted, as stated "all sales final". If any further information is needed please contact Brandon Pratt Ga AU 3849 Ga AB 3191 at (850)-736-1802

This auction uses Autopay by LiveAuctioneers. If you place a winning bid, your card will be charged shortly after the conclusion of the auction.

Online purchases from Cagle Auction Co. may be subject to sales tax. Please see the following for more details. If you are tax-exempt, you can submit your tax-exempt certificate to prevent the collection of tax. Learn more about tax-exemption.