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TERMS & CONDITIONS TERMS & CONDITIONS PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS ARE ESTABLISHED BY TOP HAT AUCTIONS, APPRAISALS & SALES ("TOP HAT AUCTIONS", OR "AUCTIONEER") FOR ALL ONLINE AUCTIONS. By bidding in this auction you acknowledge that you, the "BIDDER" or "BUYER" hereby agree to be obligated by all of the terms and conditions of this auction as described in any lot listing and these GENERAL TERMS AND CONDITIONS. These GENERAL TERMS and CONDITIONS and the INFORMATION OR CONDITIONS contained in any lot listing are part of the Binding Contract between BUYER and TOP HAT AUCTIONS. These terms and conditions and the information contained in a listing may only be altered by TOP HAT AUCTIONS. By joining in this auction, Buyer agrees that Buyer is obligated by all the terms and conditions and the information included or mentioned in any listing. LOT DESCRIPTIONS- AUCTIONEER confirms, to the best of its knowledge that the information presented in any listing has come from reliable sources and that descriptions are accurate as reasonably possible. However, such information is presented solely for the convenience of the Buyer and shall NOT be relied upon for the Buyer's decision to bid or otherwise be supplanted for the due diligence Buyer should exercise in preview and inspection of the item prior to bidding. TOP HAT AUCTIONS makes no assurance of any kind related to the information presented in any listing. NO WARRANTIES EXIST, EXPRESS OR IMPLIED and AUCTIONEER further makes no assurance, either express or implied, relating to the value, marketability or condition of the lot described in any listing. Buyer's or bidders should carefully check the veracity of the lot prior to bidding. By bidding the Bidder indicates that Bidder has checked or double checked and has further reviewed the lot to his or her best judgment and satisfaction, or, that Bidder has elected not to do so, and agrees to accept the lot being bid on with no objections after the sale closes. TOP HAT AUCTIONS reserves the right to accept or reject any bid for any reason whatsoever. Any and all bids made by a Bidder constitute irrevocable offers to purchase the lot at the maximum bid amount of the Bidder and may not be withdrawn by the Bidder under any circumstances. At the close and reconciliation of the auction, TOP HAT AUCTIONS shall determine the actual winning Bidder of each lot and may, in its sole discretion, at any time, offer any Bidder a duplicate item at the Bidder's maximum bid on the lot. In the event of any dispute between bidders, or in the event of doubt on AUCTIONEER'S part as to the validity of any bid, AUCTIONEER will have the exclusive final discretion to determine the successful Bidder, cancel the sale, award the lot to the next highest Bidder or Bidders or to re-offer and resell the lot in dispute and TOP HAT AUCTIONS is not responsible for any errors or omissions in connection therewith. AUCTIONEER reserves the right to protect any reserve price by placing floor bids, to place bids on behalf of any buyer or seller, to bid for its own account or to remove any lot from sale without notice. Any bid entered by a Bidder shall be determined in the sole discretion of AUCTIONEER to have exceeded or not to have exceeded any reserve. In consideration of AUCTIONEER'S approval of the application of the Bidder to bid in TOP HAT AUCTION'S online auction, Bidder agrees to comply with and be specifically bound by the terms and conditions as stated herein. PAYMENT - Payment of the winning bid amount and shipping charges will be made at the time the auction is reconciled by TOP HAT AUCTIONS, but in all cases, NO LATER THAN 72 HOURS AFTER INVOICE IS SENT TO BUYER, ABSENT EXPRESS APPROVAL FROM AUCTIONEER, OR SUCH SALE MAY BE VOIDED BY AUCTIONEER WITH THE ITEM(S) FORFEITED BY BUYER AND BUYER IS RESPONSIBLE FOR ANY AND ALL HANDLING CHARGES INCURRED. PAYMENTS can be made through CASHIER'S CHECK, MONEY ORDER, CASH, PAYPAL, CREDIT CARDS. CHECK PAYMENTS should be made payable to: TOP HAT AUCTIONS - mailing address: 3775 OLD COLUMBUS RD. NW, SUITES 102 & 103, CARROLL, OHIO 4311280. FOR PAYMENT QUESTIONSS contact AUCTIONEER through email: TOPHATSELLS@yahoo.com. Requests for other payment arrangements will only be considered prior to the opening of bidding in any online auction. NON-PAYING BIDDER-We will report all non-paying bidders to LIVEAUCTIONEER and give their accounts to a third party collection agency for collection. Bidding on items offered in this online Auction by TOP HAT AUCTIONS through LIVEAUCTIONEER is a binding contract between AUCTIONEER and the BUYER. SHIPPING, HANDLING AND INSURANCE BY BIDDING IN OUR AUCTIONS, BUYER AGREES TO EITHER ARRANGE FOR THEIR OWN SHIPPING, PICK UP THE ITEMS WITHIN THE PRESCRIBED TIME PERIOD (WITHIN 5 DAYS UNLESS OTHERWISE STATED IN THE AUCTION LISTING OR AGREED TO BY AUCTIONEER PRIOR TO THE AUCTION) OR TO PAY THE SHIPPING AND HANDLING CHARGES ASSESSED BY AUCTIONEER. SHIPPING CHARGES MAY BE INCLUDED ON THE ITEM INVOICE, FOR EXAMPLE IF THE ITEM IS SMALL AND FITS INTO A FLAT RATE BOX. HOWEVER, THE SHIPPING AND HANDLING CHARGES MAY ALSO BE ASSESSED SEPERATELY FOR ITEMS, FOR EXAMPLE...ITEMS THAT NEED TO BE PACKED, BOXED, WEIGHED AND ACTUAL SHIPPING COSTS THEN DETERMINED. THEREFORE, ITEMS SHALL NOT BE SENT UNTIL ALL SUCH CHARGES, ITEM AND SHIPPING, ETC., ARE FULLY SATISFIED BY THE BUYER. FAILURE TO DO SO, RESULTS IN FORFEITURE OF THE ITEM AND ANY MONIES PAID. BY BIDDING, THE BIDDER AGREES TO OUR SHIPPING AND HANDLING CHARGES. WHETHER KNOWN OR NOT TO BIDDER AT THE TIME OF BID. Our obligation for damage to or loss of the lot ends once it has been turned over to the USPS, UPS or other shipping company for delivery. By bidding, the winning Bidder agrees that any and all claims for loss or damage to the lot will be handled solely through the insurance claims process or the carrier. We normally ship within 3 to 10 business days after the Buyer's payment in full has been credited to our bank account. Some items may take longer to ship and all items are subject to first being received from the seller in the event that the items were not at our physical location at the time of sale. Buyers should expect their items within 4 weeks after the auction unless there was a delay in processing their payment. All shipments are subject to USPS/FEDEX/UPS handling delays which are beyond our control. BIDDER'S MUST BE SURE THAT THEIR EMAIL ACCOUNT ALLOWS RECEIPT OF EMAILS FROM TOPHATSELLS@yahoo.com BY BIDDING, THE WINNING BIDDER HEREBY AGREES TO OUR SHIPPING DETAILS AS JUST STATED ABOVE. Although we like to hear from Bidders, all Bidders must refrain from contacting TOP HAT AUCTIONS or LIVEAUCTIONEER with shipping status requests until 4 weeks after the auction sale. Such requests delay AUCTIONEER in shipping, listing additional lots and handling other customer matters that were not already agreed to in advance. CERTIFICATION OF APPRAISAL WHEN LOTS ARE PROVIDED WITH AN APPRAISAL, THAT APPRAISAL IS MERELY AN ESTIMTE OF FAIR MARKET VALUE AND AUCTIONEER DOES NOT CERTIFY OR WARRANTY SUCH APPRAISAL AND SHALL NOT BE HELD LIABLE FOR BUYER'S BIDDING OR ANY OTHER ACTION PRESUMED TO BE BASED ON THE APPRAISAL INFORMATION. BUYER HEREBY ACKNOWLEDGES THAT BUYER HAS THE OPPORTUNITY AND IS ENCOURAGED TO SEEK BUYER'S OWN THIRD PARTY CERTIFIED APPRAISAL OF ANY OR ALL LOTS BID ON BY BUYER PRIOR TO ANY AND ALL SUCH BIDDING. LIMITATION OF LIABILITY In no event shall AUCTIONEER's liability for any breach, or act or omission exceed the purchase price actually paid by the Buyer, and in no event shall TOP HAT AUCTIONS have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of Buyer or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to the lot or its purchase, sale, delivery or non-delivery, or the acts or omissions of AUCTIONEER and other affiliated officer's designated by AUCTIONEER. BINDING CONTRACT Bidder's bid at all times represents an irrevocable offer by Bidder to enter into a binding contract to purchase the lot in compliance with the specific provisions of the listing and these general terms and conditions, as applicable. In the event that any reserve price of a lot is not exceeded by any Bidder's bid TOP HAT AUCTIONS, in its sole discretion, with or without the knowledge of or notice to any Bidder, may reduce any reserve price to an amount below the bid of Bidder at any time during an auction and accept the bid made by Bidder. Reserve prices are always the confidential information of TOP HAT AUCTIONS and are not disclosed to Bidder's unless specifically stated as such during bidding. Nothing contained in any listing shall be construed to disclose any reserve price. In the placing of any bid the Bidder understands and agrees that the bid placed, once accepted by TOP HAT AUCTIONS, will be the winning bid if there is no higher bid by another bidder and if any reserve or reduced reserve on the lot is exceeded. All bids are binding, irrevocable and non-cancelable by Bidder. There are no provisions for the placing of bids to "mark the lot" or to "test the system", etc. and any requests to cancel bids on these bases, or due to a Bidder not reading a listing, not being familiar with the bidding platform, not doing proper due diligence or failing to maintain proper control over Bidder's bidding terminal, will be denied. Such requests to cancel bids are null and void and will not excuse Bidder from Bidder's legal and contractual obligation to complete a transaction. SUCCESSFUL BIDDERS BUYER (THE SUCCESSFUL BIDDER) agrees to pay the amount of your bid plus all the taxes included and shipping or other charges at that time and manner specified by the AUCTIONEER. Failure to make such payment shall be deemed to be a breach of these general terms and conditions, and, in addition to all other rights and remedies AUCTIONEER may have under appropriate law, you will be charged a re-stocking fee on transactions which are not installment payment. Bidder is responsible for any and all costs affiliated with collection of amounts owing from the Bidder, until collected; and AUCTIONEER reserves the right to bill and collect any such costs from Bidder. Costs associated with collection may include, but are not limited to, time charges, incidental expenses, attorney fees and costs associated with the use of a collection agency. The BUYER'S (winning Bidder's) failure to complete the purchase in accordance with the terms provided herein and in the listing will cause the Bidder to be faced with all, or any combination of the following measures: elimination of all future bidding privileges on the hosting site; credit agency reporting; legal and/or collection action. These terms and conditions and each listing contain all of the provisions applicable to the agreement between AUCTIONEER as seller and each Bidder. The provisions of these terms and conditions and of each listing supersede all other agreements, representations or understandings, whether prior or contemporaneous, oral or written, between the parties concerning that subject matter. These terms and conditions and provisions of each listing shall be binding on Buyer's heirs, beneficiaries, executors, successors and assigns. SEVERABILITY If any provision of these terms and conditions or of any listing be void, unlawful or unenforceable under applicable law, that provision shall be modified to the minimum extent possible to comply with applicable law, or if modification is not possible, deleted and severed from the remaining provisions. Any such modification, deletion or severing shall not affect the enforceability or validity of any of the remaining provisions. BUYER'S PREMIUM - TOP HAT AUCTIONS DOES NOT CHARGE A BUYERS PREMIUM. AUTHORIZATION Any task or provisions without TOP HAT AUCTIONS written consent will be void. VENUE These terms and conditions, the contents of any listing and the contractual relationship between AUCTIONEER and any Buyer shall be interpreted under and governed by the laws of the State of Ohio. DISCLAIMER It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. TOP HAT AUCTIONS may attempt to describe the merchandise in advertising and on the Internet but makes no representations AND THERE ARE NO GUARANTEES OR WARRANTIES EXPRESSED OR IMPLIED. In no event shall TOP HAT AUCTIONS be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Bidders who bid from off site and are not present at the online auction or preview understand and acknowledge that they may not be able to inspect a lot as well as if they examined it in person. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. AUCTIONEER shall endeavor to describe in detail each lot and any pertinent information about it SOLEY FOR THE CONVENIENCE OF ANY INTERNET BIDDER. TOP HAT AUCTIONS will not be responsible for any errors or omissions in the event that the description of the merchandise mistakenly advertised unless proven it is a material and intentional misrepresentation of the merchandise. ALL LOTS ARE SOLD "AS IS WHERE IS" AND Bidder agrees that everything is sold as it is and that they may not return any lot they purchase unless otherwise authorized by AUCTIONEER. Under no circumstances shall Bidder have any kind of claim against AUCTIONEER or anyone else if the Internet service fails due to power outage or work interruptions i.e. technical error before or during the online auction. TOP HAT AUCTIONS will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid within 3 hours before the auction begins. TOP HAT AUCTIONS reserves the right to withdraw or re-list lots in this auction. Condition of Goods: In publishing this catalog, TOP HAT AUCTIONS has endeavored to accurately describe all items being sold but all property being offered is to be sold "as is". No statement in this catalog, bill of sale, invoice, or elsewhere by any representative of, or person in the employ of TOP HAT AUCTIONS shall be deemed to be a warranty, representation, or assumption of liability with respect to age, condition, size, quality, variety, importance, provenance, or historical relevance of any of these items. Please note that photographs may have had size modifications for display purposes, or been trimmed to exclude framing, matting, and wide blank margins. Also, variations in color may occur due to digital processing. Any condition statement, written or verbal, is given as a courtesy to the client, and is only an opinion. It should not be treated as a statement of fact. TOP HAT AUCTIONS shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear, imperfections or aging. Disputes: The Auctioneer will be the final judge as to who is the successful bidder. In the event of any dispute, the Auctioneer shall, at his discretion, decide whether or not to reopen the bidding. Title to Goods: Title to all merchandise shall pass to the successful bidder at the fall of the Auctioneer's "hammer". The purchaser shall assume full responsibility for the lot purchased once title has passed. All bidding at auction and all purchases will be in U.S. Dollars. Errors: Auctioneer is not responsible for any typographical or any other error or omission in this catalogue or subsequent price key. Auctioneer reserves the right to withdraw any property before the sale. Estimates: Any estimates provided are our opinion of the price that a willing buyer would pay for the property at auction. These estimates are opinion, based, where possible, on prices paid for comparable items sold in the past. They are neither a representation nor a prediction of the actual selling price that will be realized at auction, post-auction sale, or upon resale, which may be substantially different from these estimates. We shall not be liable in any way for such a difference. Exhibition: Prior to every sale we have an exhibition of the items in the catalogue. Our staff is present to answer questions about items and to offer help with the auction process. Preview will be sale days or by appointment. Absentee/Telephone/Internet Bidding: As a service to our customers, Auctioneer will execute absentee bids if so authorized in writing under the provisions herein specified. Absentee bids should be made on the Absentee Bid Form provided in each catalogue. This form should be clearly and completely filled out and accompanied by a valid credit card. All absentee bids will be executed competitively during the sale; items will be purchased for the lowest price possible. Auctioneer cannot accept "buy" bids. In the event of tie bids between absentee bidders and those in attendance, preference will be given to the attending bidder. Where two absentee bidders bid the same amount, the first received will be honored. Successful buyers will be notified within three (3) days of the sale. Professional specialists handle all shipping and delivery, and if you are a successful bidder, we will give you proper information so you can contract directly with the proper company. This service is offered as a convenience and Auctioneer will not be responsible for any errors or failures to properly execute absentee or telephone bids. Absentee and phone bids will not be guaranteed after 12pm on the day prior to the sale. Agreement to Terms: In bidding on any lot here offered, the bidder indicates acceptance of these Terms and Conditions of Sale. Title of each lot passes when the auctioneer drops the hammer, e.g. says, "Sold". Thereafter, any loss by fire, theft, breakage, or any other cause is the sole responsibility of the purchaser. Merchandise must be packed and transported by the purchaser at his own risk and expense. If any employee or agent of Auctioneer shall pack or transport the merchandise, it is fully at the risk, responsibility and expense of the purchaser and Auctioneer shall not be liable for any loss or damage that may be caused by such employee or agent. Bidder Responsibility: The bidder is responsible for knowing on which item(s) he or she is bidding. If unsure, the bidder should inquire, or not bid. When becoming the winning bidder at auction, you have affected a contract and will be expected to pay for items in which you were evidenced to be the successful bidder. Auctioneer will not honor "mistakes". Should the bidder end up with an item he or she did not intend to purchase, that bidder may resell it directly to another person at the end of the auction. Do not concern the auctioneer with this, as no sales will be voided and no items will be offered for resale. Also, please note that all items and contents in any furniture or articles sold are reserved unless otherwise announced. This includes items in drawers and other areas undiscovered by our presale workers. Acceptance of Bids: The Auctioneer reserves the right to accept or reject bids in any increment which the auctioneer deems to be in the best interest of the client, the seller. AUCTIONEER IS ALWAYS AN AGENT OF THE SELLER, SOLELY. POOLS: Pools are associations of dealers or collectors formed with the purpose of keeping down auction prices for the benefits of its members. They are illegal in the United States and England. They have never occurred at our auctions, and under no circumstance will they ever be permitted. Announcements: All announcements from the auction block will take precedence over any printed matter with the exception of "condition," as previously outlined. For additional information regarding these Terms and Conditions of Sale, or any other matter relevant to this auction, please contact us for specific information not included in the catalogue description. By bidding on any item, Bidder accepts and agrees to be bound by these Terms and Conditions, and specifically acknowledges that these Terms and Conditions constitute a binding contract. If Bidder does not agree to these Terms and Conditions, Bidder is not authorized to make a bid on or buy any item. Inspection, Assumption of Risk and Disclaimer of Warranties Bidder confirms that Bidder is knowledgeable and informed about the items for which Bidder submits a bid, and Bidder assumes all risk relating to the condition, authenticity and value of the item. Bidder understands and agrees that Bidder is relying solely on Bidder's inspection, evaluation, information and judgment when submitting a bid regarding any item, and that Auctioneer makes no representation or warranty concerning the value, condition or authenticity of any item offered for bid. All items offered for bid or sale are sold "AS IS," "WHERE IS," and without representation, warranty or guarantee of any kind, whether created by statute or by common law. AUCTIONEER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY IMPLIED BY COURSE OF DEALING, OR ANY OTHER WARRANTY, WHETHER CREATED BY STATUTE OR BY THE COMMON LAW. Any grading or authentication by any third party, including any statements made on certificates of authenticity, grading certificates, valuation certificates, certificates of appraisal, gemological laboratory reports, or any similar reports or valuations are exclusively the opinions of the authors, and are not the opinions or statements of Auctioneer. Bidder understands that Auctioneer has not verified any such statements or opinions and does not warrant their accuracy. Bidder relies exclusively on Bidder's own investigation and information, and assumes all risk of any inaccuracy in statements or opinions expressed by others. Agreement Not to Dispute Credit Card Charges Bidder agrees that upon processing a credit card, debit card or other bank card, such payment shall be immediate and irrevocable, and Bidder shall not dispute, challenge or reverse any such payment or charge. EVERYTHING MUST BE PAID FOR IN FULL UPON RECEIPT OF INVOICE OR ON THE DAY OF THE AUCTION REGARDLESS OF WHEN IT IS PICKED UP. ITEMS NOT PICKED UP WITHIN 30 DAYS WILL BE FORFEITED (INCLUDING ANY AND ALL MONIES PAID FOR THE ITEM OR ITEMS). Items which have been left unpaid and not picked up within 10 days will become property of the auction house and resold at our discretion. SHOULD PARAGRAPHS OF THESE TERMS AND CONDITIONS ADDRESS THE SAME OR SIMILAR SUBJECT MATTER, THE MORE STRINGENT REQUIREMENTS APPLY AND/OR THE REQUIREMENTS THAT REPRESENT AND FAVOR THE POSITION OF THE SELLER ARE APPLICABLE AS DETERMINED BY AUCTIONEER. Everything will be sold "as is, where is", with no guarantees of any kind, regardless of statement of condition made from the auction block. Buyers shall rely entirely on their own inspection and information. Statements on Certificate(s) Of Authenticity, Grading Certificates, Valuation Certificates, Certificates of Appraisal, Gemological Lab Reports, and the like (collectively referred to herein as COA) are the opinion of the company or entity which issued the COA, and not those of AUCTIONEER. The information contained on the COA is added to the written descriptions of items solely as an attempt to fully disclose any information accompanying the item, and in no way constitutes a guarantee of the validity of the information on the COA. It is the sole responsibility of the bidder to verify the claims made on said COA before placing any bids on that item. When placing bids on item(s) accompanied by COA(s) it is the sole responsibility of the bidder to research the company or entity which issued the COA and base bidding activity on the strength of the reputation of the company which issued the COA(s). No refunds will be given due to disputes over the validity of information contained on COA(s). Grading and authentication is not an exact science, and it is possible that two people do not always grade or evaluate the same item alike. Any stated grade or condition or estimated value represents the opinion of the professional rendering said opinion and should be accepted and acted upon only as such an opinion. Lots that are accompanied by a Certificate of Authenticity from a third-party authenticator are not eligible for return. Absolutely no exceptions will be made regarding this policy. Given the opinionative nature of autograph authentication, autographed items which are accompanied by the Third Party Authentication(s) listed with a lot represents the opinion of the third-party professional, and no further warranties or guarantees of opinion from outside authenticators, or so-called "experts", is being implied or guaranteed in any way. LOTS MAY NOT BE RETURNED BASED UPON A DIFFERENCE OF OPINION IN GRADING OR AUTHENTICATION. It is ultimately the Bidder's responsibility to arrive at a final conclusion on their level of satisfaction of authenticity PRIOR to bidding. Please do not bid on a lot if you are not comfortable with the stated authentication(s) that accompany a lot. Every effort is made to "guard" merchandise throughout the auction; however, the bidder becomes solely responsible for all items purchased by him immediately following his winning bid as signified by the Auctioneer's dropping the Hammer or other customary signal. Therefore, he is advised to further guard his items at his own discretion. The Bidder is responsible for knowing which item he is bidding on. If he is unsure, he should inquire or not bid. When you become the winning bidder at auction you have effected a contract and will be expected to pay for items in which you were evidenced to be the successful bidder, or BUYER. Auctioneer will not honor claims of unfortunate bids or other such "mistakes". The Auctioneer reserves the right to accept bids in any increment he feels is in the best interest of his client, the seller. The Auctioneer reserves the right to reject the bidding of any person whose conduct, actions, or adverse comments he feels are not in the best interest of the seller. Shipping and handling charges are the sole responsibility of the Buyer. TOP HAT AUCTIONS does not provide crating and we do not ship furniture items. ON-LINE ABSENTEE BIDS ARE ACCEPTED AS SPECIFIED HEREIN AND WITHIN THE LIVEAUCTIONEERS WEBSITE BEFORE THE LIVE AUCTION BEGINS. These bids are NOT THE FINAL RESULT. Absentee bids become part of the live bidding action during the auction and are entered by a Proxy Bidder who acts on behalf of the absentee bidder. (Note: The exception of any ON-LINE ONLY auctions, which have NO LIVE PORTION.) CONDITIONS, MEASUREMENTS, & ESTIMATES Any condition statement is given as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. AUCTIONEER shall have no responsibility for any error or omission. 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. The estimated values shown after each lot are the auctioneer's estimate of what each lot is likely to realize. THANK YOU FOR PARTICIPATING IN OUR AUCTIONS!

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