Terms and Conditions
- The following Terms and Conditions apply to all auctions conducted by Mound City Collectibles and Auctions LLC (Auctioneer) and any participant in said auctions (Bidder). By bidding in, or participating in the sale of goods by auction (hereafter Auction) Bidder agrees to abide by and be bound by these Terms and Conditions. All purchases made at an Auction conducted by Auctioneer are on an “AS IS”, “WHERE IS” basis (shipping and packing are not included). According these terms agreed to by all Bidders, all sales are final and no sale shall be invalidated. There are no returns or refunds, and credit payments cannot be reversed. Neither 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 PURPOSE ARE SPECIFICALLY DISCLAIMED by us and the consignor (if the items is being sold on consignment 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attribution, provenance, origin, physical condition, importance, size, quality, quantity, rarity, value exhibitions, historical references or significance, medium, material, period, culture, source origin. All information in the catalog, sale bill,Auction listing, advertising, 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 catalog, sale bill, web site, or any advertisements, announcements or communicated through our representatives, bills of sale or elsewhere, and whether written or oral. Neither we, nor the consignor, shall be responsible for the correctness or accuracy of descriptions or other information in this catalog 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 the Property, its value descriptions or other information about the Property. We may, without in any way diminishing 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 (3.3) are approximate, unless accompanied by a G.I.A. or comparable certificate certifying measurements and weight. Safety of operation of electrical items including but not limited to (lamps, lights, chandeliers, and sconces, fans, or other electrical devices). Auctioneer recommends 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 and or operation.
- Announcements: Any announcement made on the day of the sale will take precedence over any other form of communication including web site information, sale bills, announcements and advertisements.
- New bidders will be required to produce a valid credit card (Mastercard or Visa) and a valid drivers license or a valid state ID card to register. A $1 authorization will be run against the card to verify the bidders address and ID.
- Due diligence: Auctioneer will make the items available during a pre-view for Bidder to conduct any due diligence inspections. .
- Funds: All funds are to be paid in US dollars. Buyer is responsible for and agrees to pay all duties, customs, taxes, VAT, 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.
- Vintage toys are sold with a PRIMARY USE as collector’s items for display purposes and as such are not recommended as play items. Many vintage toys do not meet today’s safety standards, some are either coated with lead paint, contain lead or are made entirely of lead (eg. toy soldiers), others may contain phthalates (chemicals put in plastic to make them more pliable), or be a choke hazard. Bidder agrees that to comply with the Consumer Product Safety Improvement Act they are buying these items as collectibles for display purposes only and have no intention of either using them, or selling them as play toys, to be used for play by children in any way. Bidder further agrees to assume all liability and responsibility for disregarding this warning and letting children play with any vintage toy purchased from auctioneer, and to hold harmless the Seller the Auctioneer, his employees, agents or assigns, in the event of injury, harm or death to anyone as a result of any vintage toy purchased from seller. Bidders must all be over 18 years of age, no child will be allowed to bid or buy any collectible or vintage toy of any kind.
- Accidents or Injury: Bidders, Buyers, and Auction attendees agree that they are attending the Auction or sale at their own risk and agree to indemnify, save and hold harmless both Mound City Auctions, Seller, and cosigner, from any and all accidents and or injures they my receive while attending the Auction or sale.
- All items are to be removed from the sale within 5 hours after the sale unless special arrangements have been made with the Auctioneer or his staff. This term may be modified on an auction by auction basis, please see the special terms for the auction specified in the auction bidding terms.
- Items not picked up/Items with outstanding shipping charges: Items being picked up by the Buyer, within the time frame stipulated in paragraph 10 will be re-sold to pay for storage costs. Storage cost shall acrew at a rate of $25/day
- Returned Checks: 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 a check being returned for insufficient funds or a closed account.
- Payment: All items must be paid for in full before Bidder leaves the premises. Nothing may be removed until 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 issued 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 expenses due to collection of a bad check including legal and collection fees.
- Internet Auction Payments:
- I) All sales are strictly for cash in United States dollars (including U.S. currency, bank wire, cashier checks, and bank money orders, all subject to reporting requirements).
- All are subject to clearing and funds being received In Auctioneer’s account before delivery of the purchases. Auctioneer reserves the right to determine if a check constitutes “good funds” when drawn on a U.S. bank for ten days, and thirty days when drawn on an international bank. Credit Card (Visa or Master Card only) may be accepted up to $1,000 from non-dealers at the sole discretion of the Auctioneer, subject to the following limitations:
- sales are only to the cardholder,
- Internet Auction Payments:
purchases are shipped to the cardholder’s registered and verified address,
- Auctioneer may pre-approve the cardholder’s credit line, and must transact immediately upon invoice presentation, rights of return are governed by these Terms and Conditions, which supersede those conditions promulgated by the card issuer,
- floor Bidders must present their card.
- Payment is due upon closing of the Auction session, or upon presentment of an invoice. Auctioneer reserves the right to void an invoice and cancel all bids by bidder if payment in full is not received within 7 days after the close of the Auction. In cases of nonpayment, Auctioneer’s election to void a sale does not relieve the Bidder from their obligation to pay Auctioneer its fees (seller’s and Buyer’s premium) on the lot and any other damages pertaining to the lot.
- Lots delivered to you, or your representative in the State of Missouri, or other states where the Auction may be held, are subject to all applicable state and local taxes, unless appropriate permits are on file with Auctioneer. Bidder agrees to pay Auctioneer the actual amount of tax due in the event that sales tax is not properly collected due to:
- an expired, inaccurate, inappropriate tax certificate or declaration,
an incorrect interpretation of the applicable statute, or any other reason.
- The appropriate form or certificate must be on file at and verified by Auctioneer five days prior to Auction or tax must be paid; only if such form or certificate is received by Auctioneer within 4 days after the Auction can a refund of tax paid be made. Lots from different Auctions may not be aggregated for sales tax purposes.
- In the event that a Bidder’s payment is dishonored upon presentment(s),
- Bidder shall pay the maximum statutory processing fee set by applicable state law.
- In the event that a Bidder’s payment is dishonored upon presentment(s),
- Auctioneer reserves the right to bid for the seller.
- If any Auction invoice submitted by Auctioneer is not paid in full when due, the unpaid balance will bear interest at the highest rate submitted by law from the date of invoice until paid. Any invoice not paid when due will bear a three percent (3%) late fee on the invoice amount or three percent (3%) of any installment that is past due.
- If the Auctioneer refers any invoice to an attorney for collection, the Buyer agrees to pay attorney’s fees, court costs, and other collection costs incurred by Auctioneer. If Auctioneer assigns collection to its in-house legal staff, such attorney’s time expended on the matter shall be compensated at a rate comparable to the hourly rate of independent attorneys.
- In the event a successful Bidder fails to pay any amounts due, Auctioneer reserves the right to sell the lot(s) securing the invoice to any under bidders in the Auction that the lot(s) appeared, or at subsequent private or public sale, or re-list the lot(s) in a future Auction conducted by Auctioneer. A defaulting Bidder agrees to pay for the reasonable costs of resale (including a 25% seller’s commission, if consigned to an Auction conducted by Auctioneer). The defaulting Bidder is liable to pay any difference between his total original invoice for the lot(s), plus any applicable interest, and the net proceeds for the lot(s) if sold at private sale or the subsequent hammer price of the lot(s) less the 25% seller’s commissions, if sold at an Auctioneer’s auction
- Auctioneer reserves the right to require payment in full in good funds before delivery of the merchandise. Auctioneer shall have a lien against the merchandise purchased by the Buyer to secure payment of the Auction invoice. Auctioneer is further granted a lien and the right to retain possession of any other property of the Buyer then held by the Auctioneer or its affiliates to secure payment of any Auction invoice or any other amounts due the Auctioneer or affiliates from the Buyer. With respect to these lien rights, Auctioneer shall have all the rights of a secured creditor under Article 9 of the Missouri Uniform Commercial Code, including but not limited to the right of sale. In addition, with respect to payment of the Auction invoice(s), the Buyer waives any and all rights of offset he might otherwise have against the Auctioneer and the consignor of the merchandise included on the invoice. If a Bidder owes Auctioneer or its affiliates on any account, Auctioneer and its affiliates shall have the right to offset such unpaid account by any credit balance due Bidder, and it may secure by possessory lien any unpaid amount by any of the Bidder’s property in their possession. Title shall not pass to the successful Bidder until all invoices are paid in full. It is the responsibility of the Buyer to provide adequate insurance coverage for the items once they have been delivered to a common carrier or third-party shipper.
- Vehicle Auctions: Any warranties made by the Seller/Owner must be in writing on an instrument separate from the Purchase Invoice & Bill of Sale and signed by both the Bidder/Buyer and Seller/Owner. In no event shall Mound City Auctions, the auctioneer or any employee, agent or associate of Mound City Auctions be responsible or liable for any such warranties, guarantees or the genuineness or description of any article offered for sale. If the item in the Auction is a vehicle it is understood by the Buyer that the Auctioneer 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. Mound City Auctions assumes no responsibility or liability for representations made by any Seller/Owner and shall have no obligation to verify or authenticate such statements or claims. Any announcements made sale day supersede printed information in the catalogs, ads, brochures signs and item cards. BIDDER/Buyer ACKNOWLEDGES BY REGISTERING ONLINE THAT HE/SHE/IT WILL NOT HOLD MOUND CITY AUCTIONS RESPONSIBLE FOR ANY REPRESENTATIONS OR STATEMENTS MADE BY ANYONE BEFORE, DURING OR AFTER THE SALE ABOUT THE ITEMS BEING SOLD. All vehicles offered for sale are subject to any and all state title and tax laws. Bidder agrees to be responsible for complying with these laws.
- Buyer’s Premiums:
- A 18% Buyer’s Premium on all Absentee Bids, regardless of payment method, unless there is a higher listed Buyer’s Premium in the auction listing. In this case the higher Buyer’s Premium will prevail.
- A 18% Buyers Premium on all on-line bids(eg. www.bidopia.com, www.icollector.com, or other service using the Internet) unless there is a higher listed Buyer’s Premium in the auction listing. In this case the higher Buyer’s Premium will prevail.
- Auctioneer shall not be responsible for Internet outages, service disruptions, data lag or other failures of Bidder’s bid placed via the Internet being not honored by Auctioneer.
- This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri, and any action or proceeding arising hereunder shall be brought in the courts of the State of Missouri. If any such action or proceeding arises under the Constitution, laws or treaties of the United States of America, or if there is a diversity of citizenship between the parties hereto, so that suit may be brought in a United States District Court, it shall be brought in the United States District Court for the Eastern District of Missouri.
- DISCLAIMERS OF WARRANTY
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED ON OR AVAILABLE THROUGH AUCTIONEER’S WEB SITE OR 3RD PARTY WEB SITES (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR AUCTIONEER’S AND BIDDERS USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. AUCTIONEER DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEB SITE/SITES OR PHONE LINES, WILL BE UNINTERRUPTED, ERROR FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USE OF THE WEB SITE IS SOLELY AT YOUR RISK, AND BIDDERS RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL AUCTIONEER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF AUCTIONEER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM YOUR USE OR BIDDERS USE OF OR INABILITY TO USE THE WEB SITE, 3RD PARTY SITES OR PHONE EQUIPMENT. UNDER NO CIRCUMSTANCES WILL AUCTIONEER’S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH YOUR USE OF THE AUCTIONEER’S WEB SITE OR 3RD PARTY WEBSITE, PHONE SERVICE OR SERVICES, EXCEED THE FEES ACTUALLY PAID BY YOU IN CONSIDERATION FOR THE SERVICES. BECAUSE CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AUCTIONEER’S LIABIILTY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Auctioneer may provide links to other third-party Web sites. These third party Web sites are not under the control of Auctioneer, and you acknowledge and agree that Auctioneer is not responsible for the accuracy, copyright compliance, legality, decency, operation or other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Auctioneer or any association with its operators.