Train Auction

TERMS & CONDITIONS OF SALE 1. The highest bidder acknowledged by Robert H. Clinton & Company, Inc., Auctioneers & Appraisers, shall be the buyer on each item sold. In the event of any dispute where contending bidders each claim the final bid on a particular item, the Auctioneer shall have sole discretion in determining the buyer and may also, at his or her discretion, withdraw or reopen the bidding on the item/lot for sale. Auctioneers employed by Robert H. Clinton & Company, Inc., Auctioneers & Appraisers, shall have sole and final discretion in settling any such dispute. 2. All items/lots are sold "AS IS" and all sales are final. Neither Robert H. Clinton & Company, Inc., Auctioneers & Appraisers , nor any Consignor makes any warranties or representation of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin or condition of the property and no statement made at the sale or in the bill of sale or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability. 3. The inventory list is printed as a guide to assist the buyer in following the order of sale. While Robert H. Clinton & Company, Inc., Auctioneers & Appraisers, has made every effort to assure accuracy, it does not assume responsibility for errors and omissions. 4. Every item/lot offered on-line in this auction sells absolute without limit or reserve. 5. Robert H. Clinton & Company, Inc., Auctioneers & Appraisers, reserves the right to withdraw any item/lot at any time prior to its being sold. 6. Robert H. Clinton & Company, Inc., Auctioneers & Appraisers, reserves the right to reject any bid it considers harmful to the conduct of the sale. Further, Robert H. Clinton & Company, Inc., Auctioneers & Appraisers. may refuse bids from anyone hindering the free and competitive bidding process. 7. Robert H. Clinton & Company, Inc., Auctioneers & Appraisers, reserves the right to accept and execute bids for absentee buyers and/or telephone bidders, who will not be bidding on-line, as long as the item/lot has been thoroughly inspected and such buyers have agreed to Robert H. Clinton & Company, Inc., Auctioneers & Appraisers, terms and conditions applicable to executing those bids. 8. All potential buyers must register per the Live Auctioneers terms and must be approved by Robert H. Clinton & Company, Inc., Auctioneers & Appraisers, to be able to bid at the on-line auction 9. When Robert H. Clinton & Company, Inc., Auctioneers & Appraisers, declares an item to be "sold", ownership immediately passes to the buyer who assumes full risk and responsibility for said item. Unless previous arrangements have been made, items are to be removed sale day or at other times as specified by the Auction Company. Robert H. Clinton & Company, Inc., Auctioneers & Appraisers, and its hired employees shall not be responsible for any items left on the premises with regard to breakage, theft, fire or any hazard whatsoever. 10. The record of sale maintained by Robert H. Clinton & Company, Inc., Auctioneers & Appraisers, shall be final in the event of any dispute. 11. All merchandise purchased via the Live Auctioneers on-line auction platform must be paid for in full with a major credit card. Buyers will be sent an invoice for all items purchased. Full payment to be made upon receipt of invoice. 12. Successful bidders will have an 16% Buyer's Premium added to their final purchases. 13. All purchases are subject to the 6% Pennsylvania sales tax unless the purchaser possesses a sales tax exemption number and completes a Pennsylvania Exempt Certificate (this can be obtained from the Auction Company). Exemption numbers from other states are accepted in PA if presented with a business card or business letterhead. Dealers, museums and other qualifying parties can apply for a Pennsylvania exemption number prior to the auction by contacting the Pennsylvania Department of Revenue. 14. All items/lots purchased must be paid for and removed from the premises the day of the auction unless purchased on-line or prior arrangements have been made. If it becomes necessary for Robert H. Clinton & Company, Inc., Auctioneers & Appraisers, to store purchased items/lots for a buyer, the buyers agrees to pay a monthly storage charge of 1.5% of the purchase price of any item/lot not removed within thirty (30) days after the date of the auction. Robert H. Clinton & Company, Inc., Auctioneers & Appraisers, shall have no liability for any damage to property that must be removed and stored. 15. Unless other shipping arrangements have been made for all merchandise purchased via the Live Auctioneers on-line auction platform, once payment has been received by Robert H. Clinton & Company, Inc., Auctioneers & Appraisers, for items/lots purchased, the Auction Company will deliver items/lots purchased on-line to: UPS Store; 1710 MacArthur Road, Whitehall, PA 18052 (Attention Garrett); phone: 610-433-8790; email: Store4443@theupsstore.com (shipper).. As long as payment has been received, items/lots purchased on-line will be delivered to the shipper on the next business day Monday, October 19, 2015, by the end of business at 5:00 PM EST. All costs for shipping will be handled between the shipper and the buyer. 16. In no event will the liability of Robert H. Clinton & Company, Inc., Auctioneers & Appraisers, to any buyer with respect to any item/lot exceed the purchase price actually paid by such Buyer for such item/lot. 17. These conditions of sale shall be governed by the laws of the Commonwealth of Pennsylvania. The bidder/buyer agrees that any suit for the enforcement of this agreement may be brought and any action against Robert H. Clinton & Company, Inc., Auctioneers & Appraisers, in connection with the transactions contemplated by this agreement shall be brought in the courts of the Commonwealth of Pennsylvania or any federal court sitting therein. The bidder/buyer consents to the nonexclusive jurisdiction of such courts and waives objections that it may now or hereafter have to the venue of any such suit. 18. If the buyer breaches any of its obligations under these Conditions of Sale, including his/her obligation to pay in full the purchase price of all items/lots for which he/she was the highest successful bidder, Robert H. Clinton & Company, Auctioneers & Appraisers, may exercise all of its rights and remedies under the law including, without limitation: (a) canceling the sale and applying any payments made by the Buyers to the damages caused by the Buyer's breach and/or (b) offering at public auction, without reserve any item/lot for which the Buyers has failed to pay in full the purchase price, holding the Buyer liable for any deficiency plus all costs of sale. Any questions regarding the above Terms and Conditions of Sale should be referred to: ROBERT H. CLINTON & COMPANY, INC. Auctioneers & Appraisers P.O. Box 29 * Ottsville, PA 18942 610-847-5432 * AY-000093-L email: rhclintonauction@hotmail.com