TERMS AND CONDITIONS FOR E-BAY AUCTIONS SOLD UNDER THE NAME "ambrosebauer-trains"

QUICK REFERENCE: To allow your order to ship as quickly as possible:

• i) We accept personal checks, bank checks and money orders only. Under certain circumstances as noted in our "About Me" page on e-bay we will also accept Visa and Mastercard. No electronic payment services unless payment is made by them to us by physical check. We will never accept PayPal. Items must be paid for within 10 days of the close of the auction unless you telephone us first to make other arrangements;

• ii) Please print out the first page of the e-mail sent to you by us after the close of the Auction. If that is not possible, please be sure to include the Train Model Number and the E-Bay Number of the item for which you are paying in clear writing;

• iii) Please be sure to include inside the envelope and in clear writing your name and the address to which you want us to ship your item;

• iv) Please include whether you want the item insured, the amount you want to insure it for and the amount you are including in your check for said insurance (SEE BELOW FOR NEW POSTAL INSURANCE RATES; NO INSURANCE TO CANADA AND SHIPMENTS TO CANADA MUST INCLUDE EXTRA SHIPPING AS NOTED BELOW);

• v) The amount of optional insurance noted in the e-bay listing is only for $50.00 coverage. If you send us this amount, you will only receive $50.00 in coverage. If you want coverage to the actual amount of your winning bid, please see below for the new postal insurance rates;

• vi) Because of our obvious volume, it is impossible for us to e-mail you as when we receive your payment. However we will e-mail the address you have registered with e-bay when we pack and/or ship your order;

• vii) Please be sure to include the proper Pennsylvania or West Virginia Sales Tax if you reside in those states and/or the item(s) you won is being shipped to an address in either state;

• viii) Please telephone us (not e-mail) if you have any problems. (412) 833-1700. Weekdays; and

• ix) There is no buyer's premium added to any auction sold under the e-bay user name "ambrosebauer-trains."

NEW POSTAL INSURANCE RATES: Up to $50.00: $ 1.30 $50.01 to $100.00: $2.20 $100.01 to $5,000.00: $ 2.20 plus $1.00 per $100 over $100.00. NO INSURANCE TO Canada Examples: Total Insurance Cost for $80.00 item: $ 2.20. Total Insurance Cost for $175.00 item: $3.20. (i.e. $2.20 for $100.00 coverage plus additional $1.00 for additional $100.00 coverage up to $200.00 for a total of $200.00 coverage). Total Insurance Cost for $285.00 item: $4.20 (i.e. $2.20 for $100.00 coverage plus additional $2.00 for additional $200.00 coverage up to $200.00 for a total of $300.00 coverage).

INTERNATIONAL POSTAGE (CANADA): The flat rate shipping charge is only applicable if you live in the US-48. If you live in Canada and are the winning bidder on a single car, just add $2.00 for the first car, $1.00 for additional cars. Add $5.00 for an Engine or a Set. If you have purchased a great deal of items and live in Canada, please either telephone me or write to me via the post office so that I can send you a single price. No Insurance to Canada.

ALASKA/HAWAII POSTAGE: The flat rate shipping charge is only applicable if you live in the US-48. If you live in Alaska or Hawaii and are the winning bidder on a single car, just add $2.00 for the first car, $1.00 for additional cars. Add $5.00 for an Engine or a Set. I ship by Priority Mail and Post Office does have excess zone charges for these states.

RETURNS: If you want to return an item, you do not need to e-mail or telephone us. Just be sure to ship it back to us within five days of your receipt in the same condition, packing and type of shipping as when we sent it to you. If we shipped you the item not inside the original box, you may not return it to us inside its original box. Damaged items may not be returned ; items that were mint that you ran or operated may not be returned; items that were sealed that you broke the seal may not be returned. A Return cannot be made if you are in default of any other contractual obligation to us under any user name, for any user name, or including our Private Auctions. The refund will be the price paid minus shipping both ways as you agreed to in the contract you formed by bidding on the item that noted that was our return policy. A $7.50 Handling Fee will be charged if, for any reason, we only receive your return more than 40 days after the close of the auction (this fee is waived if it took us more than two weeks to mail out your item after your payment has been deposited). In any case, the returned item must be returned to us in our possession within five days after you received it. Further, it must be returned to us in the SAME CONDITION and the same manner it was in at the time that we shipped it. Obviously, if the item is damaged in transit, it cannot be returned to us pursuant to our return policy since it is not in the same condition that we shipped it. We send out refund checks 7-10 days of us receiving your qualified return. If you have returned an item to us and have not received the refund check within three weeks, please call us: there is either an issue or your check has been lost.

IF WE SENT YOU THE WRONG ITEM: Sometimes we mix up address labels. We try to be careful but we do a great deal of volume each week. If we sent you the wrong item, please as quickly as possible ship it back to us with a note as to the correct item that you purchased. We will then ship you your correct item as well as a check for the amount of your return postage. If you fail to ship back an incorrect item within 10 days after your receipt, you will be deemed to have accepted the incorrect item as the correct item and the transaction is closed unless the incorrect item has a higher value than the one that you paid for, in which case you will be responsible for payment to us of the difference in prices.

TYPOS: Despite our attempts to be careful in our listings, sometimes typos or mistakes will happen in auctions. We might have included a picture of the wrong item, typed in a nonexistent model number, or might have made some other mistake that has caused the item that we actually have for sale not being properly identified in our listings. We apologize for such mistakes. Obviously, in such a case, the auction is voidable by either party. If we list an item that turns out that we do not have, we will be glad to sell you the same item in the same condition for the same price if we pick it up in the next ninety days after the close of the original auction. In such a case, if you have a problem with this, please telephone us. We are very reasonable and would like to work something out that is fair to both parties.

PROBLEMS: If you have a problem with any portion of your order, please telephone us weekdays. (412) 833-1700. When you do phone us please understand that we proceed in good faith on all matters and expect a similar response and tone from you if you expect any kind of response from us. Do not e-mail us regarding problems.

SALES TAXES: Pennsylvania residents must include with their payment Pennsylvania Sales Tax. The Sales Tax in Pennsylvania is Seven Percent. If you are a Dealer and have a Sales Tax Certificate, please include a copy of it with your payment so that Sales Tax is not required. Items will not be shipped until the proper Sales Tax is paid.

MULTIPLE ITEMS: Do not get upset if you see the same identical item listed by us on e-bay a few days after the close of the auction that you were the high bidder. We are not selling you out; We just happen to have more than one of the items. However we will relist items if we have not been paid for them within twenty days of the close of the auction.

MULTIPLE ORDERS: If you have won multiple orders, we can only ship them together at a reduced postage price if we receive payment in ONE envelope and only for items that are sold on the same day. You will receive an e-mail with us if you won more than one item with a combined and reduced postage rate. Items won one week may not be combined with items won another week.

PAYMENT: We must receive payment for items in a timely manner (i.e. TEN DAYS). Checks, Cash or Money Orders only. No Credit Cards. We will send you a SECOND NOTICE if we have not received payment within ten days and also will have e-bay send you a reminder notice at that time. If payment is not received by the 20th day, we will put through a credit request with e-bay as to the transaction and send you a FINAL NOTICE. If payment is not made within two days of the Final Notice, the item will be relisted and negative feedback left. Obviously if you are out of town or there are other issues we should know, we will grant additional time IF YOU CONTACT US FIRST. We are very reasonable if we are quickly contacted by telephone. Naturally, we do not know what you do not tell us so please telephone us the week after the listing has ended.

SHIPPING: We ship by UPS (United Parcel Service) or the United States Postal Service (Priority Mail). We do not deliver items at Train Meets, or anyplace else. We retain the right to switch carriers without notice. We ship by United States Postal Service Priority Mail Service. We ship three times a week and will usually send you your item within ten days of receiving your check. Sometimes, because of our Private Auctions, Vacations or Illness, we may fall behind. In any case, if you have not received your item within THREE weeks of the date you mailed payment, we would welcome a phone call or e-mail from you so that we can inform you when we think your item might be mailed. Items that we have not received payment for more than twenty days after the close of the auction will also take an additional 2-3 weeks to ship as old items are usually moved to another location.

INSURANCE: Add insurance if you want it. If you want an item insured, you must actually pay the insurance fee that the post office will charge in addition to the price that we quoted you above. Needless to say, and irrespective of standard requests that may be made, an item will not be insured unless you actually include the additional insurance fee along with your payment. You cannot insure an item for more than the highest even hundred dollar amount that you paid for it. (i.e. $100.00 for an item you paid $87.88 is ok). Also, just including the amount of any insurance is not enough. We need to be able to ascertain from your letter that you are paying us for insurance and the amount of the insurance you want. If you pay for insurance but do not tell us, you consent to the package not being insured. Further, please note that as a result of the software provided us by e-bay to list items, we are only able to include the $1.30 rate for $50.00 worth of insurance in the listings and not an increasing scale of the actual cost of insurance depending on the end-of-auction actual sale price of the item. If you include only $1.30 for insurance the item, will only be insured up to $50.00 irrespective of the actual end-of-auction sale price. If you do not purchase Insurance, you have no claim if your item is lost or damaged for any reason.

PROOF OF SHIPMENT: We keep the master postage receipt each day that we ship that shows each item shipped and the zip code to which it was shipped. If this is not sufficient proof for you that we actually mailed out your item, then please insure your item so that there will be a separate receipt for the item and a tracking number (if it is insured for $100.00 or more). Payment by you as to an item without insurance is consent to this sole method of record keeping as well as the other notices contained herein.

FEEDBACK: Thank you again for bidding on our e-bay items. We will leave positive feedback in response to positive feedback left for us once a month. Negative or neutral feedback will conclude any and all outstanding transactions and will be turned over to our legal department for further action. Leaving negative or neutral feedback, in content, title or in tone, will further include you in our list of barred bidders and will preclude you from further bidding on our items under any user name.

MORE DISCLOSURES: All train items are graded in good faith pursuant to our understanding of the old grading standards of the Train Collectors Association as actually applied by most knowledgeable collectors who sell or buy substantial amounts of trains each year. Train Boxes are graded pursuant to the widespread DJB Standard Box Grading Standards. Although the TCA does not use plus and minus in their grading standards, we use them to convey which range of a particular grade the piece is closer. We believe such a use gives a potential purchaser a better idea as to the actual subjective grading of a piece. All standards are obviously subjective but we have been grading items for more than thirty years. We include "in our Opinion" in each of our listings to make the point that the grading is our personal opinion and that others may have a different opinion. The fact that we might miss on grading one of the 500+ items we grade each month only makes us human. Your sole remedy if we misgraded an item is to return it within the stated return policy and be confident that the next item that you buy off us per the odds will likely be undergraded. Please note that on each used item we include at least three or four high quality photographs with the listings so that you can make your own opinion as to its condition. We expect each bidder to view these photos and as such our listings do not necessarily include all information as to an item that can easily be ascertained by the viewing of the photos.

OPERATION OF ITEMS: Unless otherwise noted in the listing that we have operated an item, we do not test items. If the listing notes that we have operated an item, it means we have connected it to power and ensured that the item had some method of operation when subjected to power. We do 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. You sole resource if you do not appreciate the level or method of operation of a particular item is to return it to us within and pursuant to the stated return policy. Please note that an item graded as Mint may not be returned to us if it has been operated in any manner and any sealed items may not be returned to us if the seal has been broken.

JURISDICTION & VENUE: By making payment on any item purchased from the user "ambrosebauer-trains" you agree that the only bodies with original jurisdiction and/or venue over such transaction, and/or any action arising or relevant thereto, including those relating to feedback, is the Court of Common Pleas of Allegheny County, Pennsylvania.

WARRANTIES: All items are sold as is where is except as may be subjected to our limited return policy, as noted above. We are collectors, not operators. We are not an authorized Lionel dealer or that of any other manufacturer, and as such, no warranties are given or provided on any item that we sell.

GENERAL E-MAILS SENT TO YOU: Beside the automatic e-mail that is sent to the high-purchaser at the close of the auction, we might send out two or e-mails a year of a general nature to the individuals who have purchased items off us in the past on e-bay. If you do not want to receive such e-mails when we receive large collections or schedule Private Auctions, we need to receive from you a letter mailed using the United States Postal Service stating this. We will refund your postage. Otherwise it will be deemed that you have consented to such e-mail(s). We do not sell or give to anyone else our list of e-bay customers.