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TERMS AND CONDITIONS FOR INDIVIDUALS USING AuctionsBy™, THE EXCLUSIVE AMBROSEBAUER TRAINS' ON-LINE BIDDING SYSTEM:
AuctionsBy™ FEES: A Buyer’s Premium will apply for those placing bids through the AuctionsBy™, AmbroseBauer Trains' exclusive On-Line Bidding System (please check the exact Buyer's Premium on the front page of the Relevant Auction Listing. Our Buyer's Premium changes from one-type of Auction to another depending on the type of Auction). Payment must be made in US Funds by check or money order within ten days of the date of the Auction. We do not accept Credit Card payments. A Fee will be charged for Shipment and Insurance. Items must be paid for in full before they are shipped. An administrative fee of $50.00 per lot will be added to any invoice not paid in full within twenmty (20) days of the Auction.
SALES TAX: Pennsylvania and West Virginia Sales Tax will be collected on items sold to individuals participating in the Auction who do not have a current Resale Tax Exemption Certificate on file at the time of Registration. Pennsylvania Sales Tax is Seven Percent and West Virginia Sales Tax is six percent for individuals that reside in Pennsylvania or West Virginia, Sales Tax will be collected unless a current Resale Tax Exemption Certificate is on file. Sales Tax is collected on both the Buyer's Premium as well as on any Shipping.
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 and enters it as the Winning Bid into the Database for the Private Auction. 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.
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:
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. 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, 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. Boxes are graded pursuant to the widespread DJB Standard Box Grading Standards. All standards are obviously subjective but we have been grading items for over thirty years. We include "in our Opinion" in each listing to make the point that the grading is our personal opinion and that others may have a different opinion. 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 necessary include all information as to an item that can easily be ascertained by the viewing of the photos. Items purchased at the Private Auctions may not be returned on issues of Grading.
OPERATION OF OUR PRIVATE AUCTIONS: All absentee bids must be entered by using AuctionsBy™, AmbroseBauer Trains' exclusive On-Line Bidding System on our WebSite. Please also note that we can not keep track of your bidding or of how much you have spent. As such, 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. Bids placed on AuctionsBy™, may be cancelled by Drew J. Bauer, Esquire 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. Neither Drew J. Bauer, Esquire nor AmbroseBauer Trains is responsible for missed Absentee Bids and/or the execution of AuctionsBy™. In the event that AuctionsBy™ goes down before or during a Private Auction, it is at the discretion of Drew J. Bauer, Esquire to continue the Private Auction with or without the placement of any current AuctionsBy™ Bids. The Date and Time of any Private Auction may be changed or modified at any time by Drew J. Bauer, Esquire. 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 execution of the Registration Agreement to secure a Bidder Number for any Private Auction 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 AuctionsBy™. The Terms, Fees and Conditions of placing Bids at our Private Auctions and/or through AuctionsBy™ may be changed at any time without prior notice. The applicable Terms, Fees and Conditions of placing Bids at our Private Auctions and/or through AuctionsBy™ are those that are posted on the www.ambrosebauer.com WebSite on 8:00 a.m. of the morning of the relevant Private Auction.
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. Our 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 AuctionsBy™, you agree that the only judicial and/or administrative bodies with original jurisdiction and/or venue over any transaction arising from our Private Auctions and/or AuctionsBy™, and/or any action arising or relevant thereto, is the Court of Common Pleas of Allegheny 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. We are Collectors, not Operators. We are 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 we sell.
REGISTRATION: Individuals who register with AuctionsBy™. or any other On-Line Bidding System used by AmbroseBauer Trains and/or Drew J. Bauer, warrant that they are the individual named in such Registration and are currently the member of the Train Club identified in such registration. Individuals who register under false names or using false and/or untrue information, or on behalf of others, or themselves, who have previously been banned from any auction conducted by Drew J. Bauer, Esquire and/or AmbroseBauer Trains, and/or any auction conducted on e-bay under the e-bay usernames "drew_bauer," "ambrosebauer-trains" and/or "ambrosebauer-auctions," 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, by using this WebSite and/or AuctionsBy™ consents by the use of this WebSite and/or AuctionsBy™ to the filing of such lawsuit, and the payment of any legal fees and/or legal expenses incurred by Drew J. Bauer, Esquire and/or AmbroseBauer Trains, as well as jurisdiction and venue of said Court, by making such Registration(s). Our Registration Form incorporates code to capture the actual identity of individuals falsely registering on our WebSite.
DEFAULT: Any Bidder, including High Bidders, that is in default of any of the Terms and Conditions set forth herein on this WebSite and/or AuctionsBy™ 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 on this WebSite, or by placing bids at any of AmbroseBauer Trains' Private Auctions, or by the use of AuctionsBy™, 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 on this WebSite, TIME IS OF THE ESSENCE and any Bidder, by registering on this WebSite, or by placing bids at any of AmbroseBauer Trains' Private Auctions, or by the use of AuctionsBy™, shall be deemed to have consented to, and have notice of, that TIME IS OF THE ESSENCE as to any time periods noted herein on this WebSite and/or AuctionsBy™.