Automobilia and Die Cast Automotive Auction

CONDITIONS OF SALE
1. Property Sold ?As Is?

Lots auctioned by Rail & Road Auctions are often of some age. The authenticity of the authorship of property listed in the auction catalog is guaranteed as stated in the Terms of Guarantee. All property is sold ?AS IS? without any representations or warranties by us or the consignor. We and the consignor make no representations or warranties, express or implied, and are not responsible for errors or omissions in the catalog. Rail & Road will not be responsible or liable for damage to frames and glass coverings, regardless of cause.

Rail & Road Auctions makes every effort to provide accurate and detailed descriptions of all items offered. However, transporting and packing model items?particularly those not in their original factory packaging?can present challenges. Models that are not factory new in box may contain loose or missing detail parts. While we endeavor to note any such deficiencies in our descriptions, it remains the sole responsibility of the bidder to assess the completeness and condition of each model prior to bidding.

Models may require reattachment of parts upon receipt. Due to the inherent fragility of these items and the risks involved in shipping, Rail & Road Auctions will not accept returns or issue refunds for loose, missing, or damaged detail parts, regardless of whether such issues were noted in the catalog description.

2. Inspection

Prospective bidders should inspect property before bidding to determine its condition, size, and whether it has been repaired or restored.

3. Buyer?s Premium

A buyer?s premium of 24% will be added to the hammer price and is payable by the purchaser as part of the total purchase price.

Bidders participating through LiveAuctioneers are also required to pay any credit card processing fees charged by LiveAuctioneers, along with any applicable state sales tax.

Invoices totaling $5,000 or greater must be paid via check, money order, or wire transfer.

4. Withdrawal

Rail & Road reserves the right to withdraw any property before, during, or after the sale and shall have no liability whatsoever for such withdrawal.

5. Registration

In order to bid, you must first register on the LiveAuctioneers website. Rail & Road reserves the right, in our sole discretion, to refuse your registration or participation in the auction or to revoke your permission to participate before, during, or after the sale.

6. Bidding

As soon as you place and confirm your bid amount, your bid is submitted. You accept and agree that bids submitted by you are final. Rail & Road is not responsible for any errors in bidding. We reserve the right to reject any bid. Rail & Road LLC has absolute and sole discretion in the case of error or dispute with respect to bidding, and whether during or after the sale, to determine the successful bidder, to re-open the bidding, to cancel the sale, or to re-offer and re-sell the item in dispute. If any dispute arises after the sale, our sale record is conclusive.

By participating in the sale, you represent and warrant that any bids placed by you, or on your behalf, are not the product of any collusive or other anti-competitive agreement and are otherwise consistent with federal and state antitrust law.

7. Bids Below Reserve

If you place a bid below the reserve, you will be informed on screen that the reserve is not met. You may then place a higher bid if you wish. No bidder can successfully win a lot below the reserve.

8. Record of Sale

The record of sale kept by Rail & Road will be taken as absolute and final in all disputes. In the event of a discrepancy between any online records or messages provided to you and the record of sale kept by Rail & Road, the record of sale will govern.

Successful bidders will be notified and invoiced by Rail & Road after the sale.

9. Purchaser?s Responsibility

Subject to fulfillment of all of the conditions set forth herein, at the close of a lot, the contract between the consignor and the purchaser is concluded, and the winning bidder thereupon will immediately pay the full purchase price or such part as we may require. Title in a purchased lot will not pass until Rail & Road has received the full purchase price in cleared funds.

The purchaser?s obligation to immediately pay the full purchase price or such part as we may require is absolute and unconditional and is not subject to any defenses, setoffs, or counterclaims of any kind whatsoever. Rail & Road is not obligated to release a lot to the purchaser until title to the lot has passed, and any earlier release does not affect the passing of title or the purchaser?s unconditional obligation to pay the full purchase price.

10. Reserve

Unless otherwise indicated, all lots are offered subject to a reserve, which is the confidential minimum hammer price at which a lot will be sold.

11. Tax

Unless exempted by law, the purchaser will be required to pay Indiana sales tax of 7% if they are an Indiana resident, are physically present and bidding in Indiana during the sale, or if they choose to pick up their item in Indiana.

12. Governing Law & Jurisdiction

These Conditions of Sale and Terms of Guarantee, as well as bidders?, the purchaser?s, and our respective rights and obligations hereunder, shall be governed by and construed in accordance with the laws of the State of Indiana. By bidding at an auction, all bidders including the purchaser, shall be deemed to have consented to the exclusive jurisdiction of the state courts of, and the federal courts sitting in, the State of Indiana.

13. Packing & Shipping

We are not responsible for the acts or omissions in our packing or shipping of purchased lots or of other carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots is at the entire risk of the purchaser.

14. Limitation of Liability

Rail & Road will not be responsible for any errors or failures to execute bids placed online, or for any errors or omissions in connection therewith, including, without limitation, errors or failures caused by:
(i) a loss of connection to the internet or the Rail & Road Bidding Platform or LiveAuctioneers software by either Rail & Road or the client;
(ii) a breakdown or problem with the Rail & Road Bidding Platform or LiveAuctioneers software; or
(iii) a breakdown or problem with a client?s internet connection, mobile network, or computer.

15. Credit Card Chargebacks

Registered bidders (i) agree that they will not, under any circumstances, initiate a chargeback, and (ii) agree that they are waiving any chargeback rights that may exist under the agreement between the bidder and the bidder?s credit card company.

Should a chargeback be initiated, the agreement to these terms and conditions will be conclusive evidence of the bidder?s waiver of any chargeback rights. If a chargeback is successful, the buyer remains liable for the purchase price (including any buyer?s premium), plus costs of collection and attorneys? fees.

AFTER THE AUCTION
Payment

If your bid is successful, your invoice will be emailed to you. The final price is determined by adding the buyer?s premium to the hammer price on a per-lot basis. Sales tax, where applicable, will be charged on the entire amount.

Payment is due immediately upon receipt of the invoice. Rail & Road will not accept payments for purchased lots from any party other than the purchaser.

Payment by Cash
Cash payments exceeding $5,000 USD will not be accepted. New clients or purchasers preferring to make a cash payment may be required to provide:

government-issued photo identification,

confirmation of permanent address, and

identification of the source of funds.

Payment by Credit Card
Rail & Road accepts Visa, MasterCard, and American Express. Credit card payments may not exceed $5,000 per sale.

Payment by Check
Rail & Road accepts personal, certified, banker?s draft, and cashier?s checks drawn in U.S. Dollars (payable to ?Rail & Road?). Property will not be released until checks have cleared, unless you have a letter of guarantee from your bank.

Payment by Wire Transfer
To pay by wire transfer, please contact us at 765-412-7926.

Once your payment has been received and cleared, property may be released. Unless otherwise agreed, all purchases must be removed by the 30th calendar day following the sale.