10/05 High Quality Toy Train Auction

IMPORTANT TERMS AND CONDITIONS FOR INDIVIDUALS LEAVING BIDS ON E-Bay LIVE: Please read these Terms and Conditions before registering as they affect your legal rights and obligations. TIME: This Auction begins at 7:00 p.m. Eastern Daylight Time on Sunday, October 16, 2005 and will be completed before or on 11:59 p.m. EDT on 9/11/05. PAYMENT: Winning Bidders may pay their bills with Cash, Money Orders or Checks in US Funds. No other method of payment is accepted. Payment must be received by ABT within ten days of the date of the Auction. SHIPPING FEES: Shipping Fees included are for shipment to the US-48 States. If the Winning Bidder lives outside the US-48, additional Shipping Fees may be required and the Winning Bidder agrees to pay such fees. Please note that all shipments within the United States are sent by UPS Ground and that we can not ship to Post Office Boxes. AUCTION FEES: INTERNET BIDS USING E_BAY LIVE: A Fifteen Percent Buyer’s Premium will apply for those leaving bids through e-bay Live. Payment must be made in US Funds by check or money order within ten days of the date of the Auction. An Additional Fee will be charged for Shipment and Insurance. Items must be paid for in full before they are shipped. SALES TAX: Pennsylvania Sales Tax will be collected on items shipped to a Pennsylvania Address, or picked up in person, unless the High Bidder has a current Resale Tax Exemption Certificate on file. Pennsylvania Sales Tax is Six Percent for Washington County, where we are located. Pennsylvania Sales Tax for Philadelphia and Allegheny Counties is Seven Percent. TITLE: Auctions are conducted by Drew J. Bauer, Esquire as Attorney in Fact. Title to any lot transfers to the bidder at the time the Attorney accepts the Bidder's Bid as the High Bidder, enters it as the Winning Bid into the Database for the Private Auction, and certifies it as the Winning Bid. The Attorney reserves the right to refuse any and all bids, at his sole discretion, whether or not a reserve is in place, and will be the sole arbiter in any dispute. The Attorney may, if he chooses, re-offer a disputed lot. RETURNS: The items sold at our Private Auctions are sold as is, where is and may not be returned for any reason with the following limited exceptions: (a) If an item is noted in the listing as being Original, AmbroseBauer Trains will accept the return of the same and actual item within one year of the date of the auction it the item's originality has been questioned provided that: (i) the name(s) and full address(es) of any and all person(s) questioning the item's originality, other than that of the purchaser, is provided to AmbroseBauer Trains at the time of the return; (ii) the same item is in the same condition as it was in at the time it was auctioned by AmbroseBauer Trains; (iii) the purchaser is not currently in default of any contractual obligation to AmbroseBauer Trains, Drew J. Bauer and/or Paul V. Ambrose at the time of the return; and (iv) the purchaser is entitled to currently bid on items being offered by the user names "drew_bauer", "ambrosebauer_trains" and "ambrosebauer_auctions" at the time of the return. There has to be a good faith basis for questioning the originality of an item as well as a substantial basis for such a challenge. Upon receipt of such a qualified return, AmbroseBauer Trains shall refund the amount of the bid, any buyer's premium paid, and any shipping incurred on the item's return to AmbroseBauer Trains to the purchaser within thirty days of said return. The Mechanical Operation of an Item, Screws, Wires and Minor Mechanical Items are not covered by any limited guarantee of originality issued by AmbroseBauer Trains and any questions or issues arising from such items may not establish a right to return any item within the provisions of this limited return policy. (b) If an item is noted in the listing as being a specific variation, a specific model, or from a specific manufacturer, AmbroseBauer Trains will accept the return of the same and actual item within one year of the date of the auction it the item's description has been questioned provided that: (i) the name(s) and full address(es) of any and all person(s) questioning the item's description, other than that of the purchaser is provided to AmbroseBauer Trains at the time of the return; (ii) the same item is in the same condition as it was in at the time it was auctioned by AmbroseBauer Trains; (iii) the purchaser is not currently in default of any contractual obligation to AmbroseBauer Trains, Drew J. Bauer and/or Paul V. Ambrose at the time of the return; and (iv) the purchaser is entitled to currently bid on items being offered by the user names "drew_bauer," "ambrosebauer_trains" and "ambrosebauer_auctions" at the time of the return. There has to be a good faith basis for questioning the description of an item as well as a substantial basis for such a challenge. Upon receipt of such a qualified return, AmbroseBauer Trains shall refund the amount of the bid, any buyer's premium paid, and any shipping incurred on the item's return to AmbroseBauer Trains to the purchaser within thirty days of said return. Other than the specific exceptions listed herein, an item may not be returned for any other reason. MORE DISCLOSURES: All train items are graded in good faith pursuant to AmbroseBauer Trains' understanding of the grading standards of the Train Collectors Association as actually applied by most knowledgeable collectors who sell or buy substantial amounts of trains each year. AmbroseBauer Trains do not aver or guarantee that the TCA would agree on any specific day as to the specific grading used herein. Although the TCA does not use plus and minus in their grading standards, ABT uses them to convey which range of a particular grade the piece is closer. ABT believe such a use gives a potential purchaser a better idea as to the actual subjective grading of a piece. Boxes are graded pursuant to the widespread DJB Standard Box Grading Standards. All standards are obviously subjective but ABT has been grading items for over thirty years. ABT include "in our Opinion" in each listing to make the point that the grading is ABT's personal opinion and that others may have a different opinion. Please note that on each used item ABT includes at least ten high quality photographs with the listings so that you can make your own opinion as to its condition. ABT expect each bidder to view these photos and as such ABT's listings do not necessary include all information as to an item that can easily be ascertained by the viewing of the photos. Items purchased may not be returned on issues of Grading. OPERATION OF OUR PRIVATE AUCTIONS: Your bids cannot be cancelled or stopped once you have reached a certain amount, or if you are interested in bidding on multiple items, your directions not to bid on the remaining items if you have or have not won a specific item will not be honored. As such, be prepared to be the winning bidder on any bid that you may place. Absentee bids may be cancelled by Drew J. Bauer, Esquire and/or AmbroseBauer Trains in the event there is a conflict in the stated condition or variation of an item, an error in the listing, an error in the catalog, current or previous nonpayment of bids, and/or any reasonable basis at the discretion of the named Attorney and/or Auctioneer. Neither Drew J. Bauer, Esquire nor AmbroseBauer Trains is responsible for missed Absentee Bids and/or the execution of e-bay LIVE or e-bay LIVE bids. In the event that e-bay LIVE goes down before or during a Private Auction, it is at the discretion of Drew J. Bauer, Esquire and/or AmbroseBauer Trains to continue the Private Auction with or without the placement of any current e-bay LIVE Bids. The Date and Time of any Private Auction may be changed or modified at any time by Drew J. Bauer, Esquire and/or AmbroseBauer Trains. Neither Drew J. Bauer and/nor AmbroseBauer Trains is liable for any consequential and/or punitive damages that any Bidder or Prospective Bidder may incur, and the placement of any bid on our Listings, or registration for our Private Auctrions on E-Bay Live, shall act as a full and complete legal waiver of any right to any such consequential and/or punitive damages as to any matter arising out of any Private Auction and/or e-Bay Live. Individuals may not cancel bids placed on e-baylive without the prior written permission of Drew J. bauer. Individuals who withdraw and/or cancel bids placed through e-baylive on the instant Auction, without the prior written permission of Drew J. Bauer, shall be in breach of the Terms and Conditions as stated herein. The fact that e-bay live may show a winning bidder as an internet bidder does not mean that an internet bidder was the actual high bidder. The Attorney shall have the sole and exclusive right to determine at any time set forth in these Terms and Conditions who is the actual high bidder of any particular lot. Any Bidder, by agreeing to these Terms and Conditions, by registering for this Auction, and by placing a bid on any particular lot, agrees that the Attorney does have the final word as to the winning bidder of any particular lot and that the designation by e-bay live of the winning bidder shall not be relevant unless ratified by the Attorney. OPERATION OF ITEMS: Unless otherwise noted in the listing that ABT has operated an item, ABT does not test items. If the listing notes that ABT has operated an item, it means ABT has connected it to power and ensured that the item had some method of operation when subjected to power. ABT does not aver or warrant to any degree anyone's satisfaction of the operation of a particular item or that all operational functions of a particular item actually operated. ABT's Grading incorporates the physical appearance of the item(s) and not its/their mechanical operation. JURISDICTION & VENUE: By registering at our Private Auctions, including the use of bidding through e-bay LIVE, you agree that the only judicial and/or administrative bodies or entities with original jurisdiction and/or venue over any transaction arising from our Private Auctions and/or e-bay Live, and/or any action arising or relevant thereto, including issues regarding feedback, are the Court of Common Pleas of Allegheny County, Pennsylvania and/or the Court of Common Pleas of Washington County, Pennsylvania. Any Bidder who files any Administrative and/or Judicial Action in any other Court shall be liable to AmbroseBauer Trains for the Attorney's Fees, Court Costs and Travel Expenses incurred by AmbroseBauer Trains, Paul V. Ambrose and/or Drew J. Bauer in any action relating to the transfer, defense, or dismissal of said Action. WARRANTIES: All items are sold as is where is except as otherwise noted in these Terms and Conditions as applicable to an item's originality, the description of an item being a specific variation, the description of an item being a specific model and/or the description of an item being from a specific manufacturer. Except as otherwise explicitly stated in these Terms and Conditions, there is no privilege of return. ABT are Collectors, not Operators. ABT is not an authorized Lionel dealer, or that of any other manufacturer, and as such no manufacturer's or original dealer's warranties are given or provided on any item that ABT sells or offers. REGISTRATION: Individuals who register to bid on any Auction conducted by ABT on e-bay Live warrant that they are the individual named in such Registration. Bidders who have previously been informed that they have been barred from bidding on the items offered by Drew J. Bauer and/or AmbroseBauer Trains may not register for the instant Auction under any name or entity. Individuals who register under false names or using false and/or untrue information, or in violation of being barred from bidding, shall be in breach of the Terms and Conditions of this WebSite and shall, by such False Registration, or providing False or Untrue Information to AmbroseBauer Trains and/or Drew J. Bauer, agree to pay the Liquidated Damages Amount of $25,000.00 to AmbroseBauer Trains. Failure to pay said amount within thirty days of such False Registration shall lead to the filing of a civil action in the Court of Common Pleas of Allegheny County, Pennsylvania. Any individual who registers under a false name, or with false and/or untrue information, consents by such Registration and/or use of e-bay Live to the filing of such lawsuit, and the payment of any legal fees and/or legal expenses incurred by AmbroseBauer Trains, as well as jurisdiction and venue of said Court, by making such Registration(s). DEFAULT: Any Bidder, including High Bidders, that is in default of any of the Terms and Conditions set forth herein shall be liable for any costs incurred by AmbroseBauer Trains as a result of such default, including, but not limited to Bank Fees, Interest at the rate of Twelve Percent Annually, Attorney's Fees, Court Costs, Legal Expenses, Travel, and any Bidder, by registering herein, or by placing bids on any offering of ABT, shall be deemed to have consented to such type of costs, including, but not limited to, Attorney's Fees. For the purposes of any of the time periods stated herein, TIME IS OF THE ESSENCE and any Bidder, by registering, or by placing bids at any of ABT's Private Auctions, shall be deemed to have consented to, and have notice of, that TIME IS OF THE ESSENCE as to any time periods noted herein. For the purposes of this Section, Default shall include, but is not limited to, the leaving of negative feedback, in fact or in tone, where the High Bidder has received the item for which he paid. Any Bidder whose check has been returned by a financial institution as not being paid in full for any reason shall be obligated to pay ABT the amount of $10.00 plus the amount of the returned check. Any Bidder who does not make payment on any winning bid within twenty days of the date of the Auction shall pay to ABT an Administrative Fee of $50.00 per winning lot.

Pennsylvania Sales Tax will be collected on all Pennsylvania Residents who do not have a valid Pennsylvania Sales Tax Resale Certificate.