All MoundCityAuction Sales: 1) The definitions stipulated in paragraph 2 apply to this agreement. Every item sold or offered for sale by Seller will be subject to the terms and conditions set forth below. If the item offered is a consignment we are acting solely as the agent for the consignor. In all cases Auctioneer is acting as the Owner's Agent only. By attending sales or auctions, bidding on any item offered by Seller, whether in person, through an agent, absentee bid, phone bid, internet bid, or by any other means, the buyer and all bidders, and attendees agree to be bound by these terms and conditions. If any of these terms are found by a court of law to be unenforceable the rest of the terms will remain in force. 2) Definitions The use of “we”, “us”, “our”, or “Mound City”, "Mound City Auction" or “Mound City Auctions” refers to Mound City Collectibles and Auctions LLC. The use of “sale” or “sales” or “auctions” or “offering” refers to any of our auctions, tag sales, estate sales or any other sale whether on-line, live, or in-person. The use of “buyer”, "buyers" refers to the person/s or entity buying property from the aforementioned sales. These definitions and terms apply to any catalogue, document, web page, email or other form of communication printed or electronic from us. 3) Warranty Information; Buyer’s Remedies: A) All Property is sold “AS-IS” "WHERE-IS", and we nor the consignor make any guarantees, warranties or representations, express, or implied, with respect to the Property, except as to the warranty of title. All implied warranties of MERCHANTABILITY and FITNESS FOR PRUPOSE ARE SPECIFICALLY DISCLAIMED by us and the consignor (if the items is being sold on consignment). All sales are final; B) specifically, neither we nor the consignor make any representation or warranty of any kind, express, or implied with respect to any of the following characteristics of the property: age, authenticity, genuineness, attribution, provenance, origin, physical condition, importance, size, quality, quantity, rarity, value exhibitions, historical references or significance, medium, material, period, culture, source origin; C) all information in the catalogue, sale bill,auction listing, advertizing, web site or elsewhere , concerning the characteristics mentioned in B) above, is offered to bidders as a statement of opinion only. It is not intended to contain statements of fact for which we or the consignor may be held liable. This disclaimer of liability on our part applies whether the information is included in any catalogue, sale bill, website, or any advertisements, announcements or communicated through our representatives, bills of sale or elsewhere, and whether written or oral and D) neither we, nor the consignor, shall be responsible for the correctness or accuracy of descriptions or other information in this catalogue or elsewhere. The bidder assumes the full responsibility to inspect and evaluate the property to its, his or her complete satisfaction prior to any bid or purchase. The bidder must make an independent judgment about (a) the Property, (b) its value (c)descriptions or other information about the Property. We may, without in any way demisnishing our disclaimers of liability contained in this Paragraph 3 and elsewhere, mention in the description of the item or lot, significant damage, although this does not include all faults, imperfections and restorations. All measurements and weights stated in any of the means of communication listed in (C) are approximate, unless accompanied by a G.I.A. or comparable certificate certifying measurements and weight. E) safety of opperation of electrical items including but not limited to (lamps, lights, chandeliers, and sconces, fans, or other electerical devices). We recomend that all electrical items we sell be checked and installed by a licensed electrician. Many of the electrical items we sell are vintage or antique and as such may not meet current safety standards, specifically many of the table lamps may have non-polarized plugs, the hanging lamps may lack grounding conductors, and the fans finger guards are not to modern standards. Buyers assume responsibility to check with the Authority Having Jurisdiction regarding the local codes about these electrical devices and assume any and all liability for their installation. 4) Any anouncement made on the day of the sale will take precedence over any other form of communication including web site information, sale bills, anouncements and advertizements. 5) Questions: Buyer agrees to have asked any and all questions before they bid. We will make the items available during a pre-view and the bidders and buyers agree they have had all of their questions answered during the preview. The seller will endeavor to address any issue any bidder has before the auction ends. Buyer agrees that they have asked any and all questions regarding shipping, handling, and item condition before bidding. Buyer agrees that all questions asked regarding item condition or any other matter have been answered to their satisfaction. 6) Buyer agrees to be responsible for seller’s and or auctioneer's attorney fees and, or collection fees in disputes regarding any auction should any arise. 7) All funds are to be paid in US dollars. Buyer is responsible for and agrees to pay all duties, customs, taxes, and other fees associated with the purchase of the item. 8) Buyers agree to pay for all items before removing them from the auction site. 9)Vintage toys are sold as collector's items and as such are not recommended as play items. Many vintage toys do not meet today’s safety standards. The buyer agrees to assume all liability and responsibility for disregarding this warning and letting children play with any vintage toy purchased from this seller, and to hold harmless the Seller the Auctioneer, and his employees and or agents in the event of injury, harm or death to anyone as a result of any vintage toy purchsed from seller. 10) Accidents or Injury: Bidders, buyers, and auction attendees agree that they are attending the auction or sale at their own risk and agree to save and hold harmless both Mound City Auctions and the consigner from any and all accidents and or injurys they my receive while attending the auction or sale. 11) All items are to be removed from the sale within 4 hours after the sale unless special arrangements have been made with the Auctioneeer or his staff. 12)Items not picked up/Items with outstanding shipping charges: Items being picked up by the buyer, withing the time frame stipulated in paragraph 11 will be re-sold to pay for storage costs. 13) All bidders paying with a check agree to have value of check purchase plus any bank fees placed as a sale against credit card number on file with Auctioneer in event of bounced checks. 14) Disputes: Auctioneer shall designate the winning bidder after each item is auctioned. If a dispute arises between two or more bidders regarding any mater, Auctioneer reserves the right and Bidders grant the Auctioneer the right (solely at the Auctioneer's discression) to re-open bidding on the item in question to resolve questions concerning who the high bidder is or the amount of the bid. 15)Full Payment: All items must be paid for in full before Bidder leaves the premises. Nothing may be removed unitl it is settled for. Payment for purchases (personal property) must be made by cash, personal or business check or credit card accepted by Auctioneer. Special terms will apply for payment of Real Property. Letters of credit or guarantee will be valid for an individual auction only, and require proper ID including State issured ID card or valid State Drivers License. Bidder agrees not to stop payment on any checks or to disallow a sight draft and is responsible for any expensed due to collection of a bad check. 16)Vehicle Auctions: If the item in the auction is a vehicle it is understood by the buyer that the seller does not own the vehicle and is acting as a agent for the owner of the vehicle. The owner of the vehicle has supplied the description of the vehicle and it's condition to the seller. The seller has given an accurate description of the vehicle but assumes no liability for any misrepresentation by the seller of the vehicle or its condition. All vehicles offered for sale are subject to any and all state title and tax laws. Buyer agrees to be responsible for complying with these laws. |
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