Trains Toys and Collectibles

AUCTION CONDITIONS OF SALE:
The following conditions of sale are the complete and only terms and conditions on which all property is offered for sale.
1. Goods auctioned are often of some age. All property is sold "AS IS WHERE IS". All pieces are sold as "attributed to" and we make NO guarantees, warranties or representations, expressed or implied, with respect to the property or correctness of the catalog or other description of authenticity of authorship, physical condition, size, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property or otherwise. No statement anywhere, whether oral or written, shall be deemed such a guarantee, warranty or representation.
Red Baron's does not employ experts in any field, and no statement anywhere, whether oral or written, shall be deemed a guarantee, warranty or representation. Prospective bidders should inspect the property before bidding to determine condition, size and whether or not it has been repaired or restored and no refunds or credits shall be issued.
2. A premium of 25% of the successful bid price will be added thereto and is payable by purchaser as part of the total purchase price.
3. Lots are sold subject to a 7.75% Georgia sales tax unless a resale number is given or shipped out of state by common carrier. Items sold to purchasers sold to states outside of Georgia are subject to sales tax in their home jurisdiction and will be invoiced accordingly by Live Auctioneers.
4. Payment must be made in full within 3 business days from date of sale. Payment may be cash (in-person only),bank wire, certified check or personal check with bank letter,American Express,Visa, MasterCard or Discover only in US dollars. No other form of payment will be accepted. Purchasers from out of the United States must pay by bank wire.
5. Bidders are required to register prior to bidding. No transfer will be recognized from one buyer to another.
6. Bidders who have not already established credit with Red Baron's may be required to provide a valid credit card in order to be approved for bidding.
7. The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of any dispute between bidders, or in the event of doubt on our part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer or resell the article in dispute.
8. On the fall of the auctioneer's hammer, title will pass to the highest bidder acknowledged by the auctioneer, subject to fulfillment by such bidder of all the conditions set forth herein, and bidder assumes full risk and responsibility and will pay the full purchase price. Invoices are subject to audit for errors and bidder is responsible for paying any balance due therein.
9. Shipping is the responsibility of the purchaser. All articles must be removed within fourteen (14) days after the sale. Any item not removed within fourteen (14) days will be moved and stored by Red Baron's. There will be a $10 per item per day fee charged for any item left beyond fourteen (14) days. After sixty (60) days, any item not picked up, will be re-sold and no credit or refund of purchase price will be issued. Red Baron's is not responsible for loss or damage to merchandise left beyond fourteen (14) days.
10. Shipping is the sole responsibility of purchaser. Red Baron's is not responsible for the acts or omissions of carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots by us is at the entire risk of the purchaser. In no event will we be liable for damage to glass or frames, regardless of the cause.
11. We reserve the right to withdraw any item for any reason without notice.
12. This is a privately owned and operated sale. We reserve the right to refuse admittance to any person.
13. If any applicable conditions here are not complied with by the purchaser, in addition to other remedies available to us and the Consignor by law, including without limitation the right to hold the purchaser liable for the total purchase price, we may at our option either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property at public auction without reserve, and the purchaser will be liable for any deficiency, cost, including handling charges, the expenses of both auctions, our commission on both sales at our regular rates, all other charges due hereunder and incidental damages. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession owned by such purchaser. We shall have all the rights afforded a security party under the Uniform Commercial Code with respect to such property and we may apply against such obligations all monies held or received by us for the account of, or due from us to, such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or, in the case of bank or cashier's checks, we have confirmed their authenticity.
These conditions of sale as well as the purchaser's and our respective rights and obligations hereunder shall be governed by and construed and enforced in accordance with the laws of the State of Georgia. By bidding at an auction, whether present in person or by an agent, internet, order bid, telephone or other means, the purchaser shall be deemed to have consented to the jurisdiction of the state courts of, and the federal courts sitting in, The State of Georgia.

GAL#AU-C002657