Toy Soldiers, Toys, and Trains Auction

Registration is required of all Bidders. Any bid constitutes acceptance of these terms.

IT IS THE INTENTION OF QUINN'S AUCTION GALLERIES TO ACCOMMODATE THE PARTICULAR NEEDS OF ITS CLIENTS, IN SO FAR AS POSSIBLE. DO NOT HESITATE TO CALL WITH ANY PROBLEMS OR QUESTIONS THAT MAY ARISE. 703 532 5632.

All property listed in this catalog will be sold by Quinn's Auction Galleries and/or Waverly Auctions (hereinafter QW) subject to the following Conditions of Sale. As auctioneers, QW acts exclusively as agents for the owners of all property listed. These Conditions of Sale may be altered in written and oral public announcements made only by authorized representatives of QW.

ACCURACY OF DESCRIPTIONS AND AUTHENTICITY. QW has made every effort to accurately describe and catalog all property to be sold. Major defects, where evident, have been noted, along with comments regarding overall condition. However, it behooves the serious bidder to examine the property personally during the established exhibition times offered prior to sale. QW assumes no risk, liability, or responsibility for the accuracy of description, identification, weight, count, or measurement, or the verification of authenticity, authorship, or previous ownership, of any property listed in its catalogs, advertisements, lists of sale, or announcements. The descriptions of all property appearing in this catalog and any associated advertising, lists of sale, or announcements, is believed to be accurate. Nevertheless, no information or description of any kind with regard to property listed shall be construed as a warranty, either expressed or implied. Therefore, all property is sold "as is."

REMEDY. Not withstanding the foregoing paragraph, if any property listed in this catalog is found to be substantially at odds with the description provided, then the purchaser may seek the remedy of return for the property in question for full refund as follows: For those attending the sale, return must be made the day of the sale. For absentee bidders, return must be made within two weeks (14 calendar days) of receipt of property, providing written notice detailing the specific reason for return is given first within five (5) days of receipt of property, and providing that the property is in the same condition as when sold. All returns must be completed within 30 days of sale date. No property bearing additional descriptive limitations [i.e. sold with all faults, not subject to return] will be eligible for this remedy. The sale of property described as such is final and no remedy will be extended after the hammer falls. Furthermore, there is no remedy for bidder remorse.

AUCTION BY LOT. All bids executed in this sale are by lot as numbered in this catalog. QW reserves the right to withdraw prior to sale any lot listed in this catalog, in whole or in part, and may do so at any time up to the moment of sale and at its sole and final discretion.

BUYER'S PREMIUM AND PURCHASE PRICE. A buyer's premium of twenty-seven percent (27%) will be added to the hammer price of each lot sold. The buyer's final purchase price per lot is the total of the lot hammer price, the lot buyer's premium, and any applicable taxes. Additional fees, such as shipping costs, VAT, etc., may also apply.

ESTIMATES. The low and high dollar amounts listed for each lot are provided as estimates and not intended to represent an anticipated or specific value. Estimates are offered as a rudimentary buyer's guide and are determined through research and review of comparable properties by QW. Estimates do not include buyer's premiums or applicable taxes. QW assumes no responsibility or liability regarding estimates provided.

RESERVES. Reserves are minimum prices, established by confidential agreement between QW and its consignors, below which an item will not be sold. Any lot offered at auction by QW may be subject to a reserve. However, no lot will be offered with a reserve price that is greater than the low estimate. The auctioneer may bid on behalf of the consignor up to and including the reserve price. Any lot that fails to meet the reserve price may be "bought in," and withdrawn from sale. Unless otherwise noted, all lots are subject to a default reserve price of fifty percent [50%] or half the low estimate.

AUCTIONEER'S DETERMINATION AND DISCRETION
The purchaser of any lot shall be the highest bidder acknowledged by the auctioneer, whether the bidder is present, bidding absentee, or by proxy. The auctioneer shall make sole and final determination as to the winning bidder, and shall have sole and final discretion to resolve disputes arising between bidders during and after the sale. If the auctioneer determines that no bid has been executed that is commensurate with the value of the lot offered, the auctioneer may then reject any existing bid and withdraw the lot from sale. Furthermore, the auctioneer and QW may, at their sole and final discretion, reject bids issued by any bidder considered not in good credit standing with QW, or any bids issued by individuals determined to be acting in contradiction to legitimate and established auction practices and law.

TITLE. Title to any lot sold passes to the purchaser with the fall of the hammer. The purchaser assumes immediate risk and responsibility for the property.

PAYMENT:
Full payment: All items must be paid for in full before the bidder leaves the premises. Nothing may be removed until bidder transaction is settled. Post sale you will receive an online link for credit card payment. We accept Master Card, Visa and American Express. There is a 4% service fee for use of a credit card. We will accept a check, money order, cashier's check, or wire transfer along with a copy of the invoice. Invoices greater than $2,000.00 require payment by certified check, bank check, cash or wire transfer.

Auctioneers reserve the right to hold personal or business checks for up to 10 business days to allow for clearance of funds, returned checks are subject to an additional fee of $35.00. All sales are subject to state sales tax laws. Tax exempt bidder must present proof of sales tax exemption status including a Virginia or reciprocating state tax ID # before any sales tax is waived. Bidder agrees not to stop payment on checks or disallow a sight draft. Bidder is responsible for any expense due to collection of a bad check and authorizes the auctioneer to charge his/her credit card for any merchandise and applicable fees on returned checks. The Auctioneers reserve the right to repossess, at any time, at your location, any unpaid merchandise. The bidder agrees to allow the auctioneer to charge his or her credit card for all unpaid merchandise. The auctioneer reserves the right to bar bidders in participating in future auctions due to failure to pay for merchandise won at auction.

International Payments - International customers with amount due under $2,000 may pay with Visa & Mastercard (subject to 4% fee) , or wire transfer in US currency. Amounts due over $2,000 must pay by wire transfer in US currency. Any fees associated with wire transfers are the responsibility of the sender. No checks or money orders on foreign banks will be accepted.

DEFAULT. Any bidder failing to make full payment within 21 calendars days of the sale date is in default. QW retains all rights available by law regarding any purchaser default, including repossession of property sold and in defaulting purchaser's possession. In addition, QW retains the right to withhold all existing payments made by and property sold to any purchaser in default until complete and satisfactory resolution of default as determined by QW. Property held due to purchaser default may be resold at the sole and final discretion of QW, and the proceeds retained by QW as damages against defaulting purchaser.

RESCISSION. In the event that unforeseen circumstances such as adverse claims of title or rightful possession require the rescission of sale of any property offered and sold, QW, upon it sole and final discretion, retains the right to rescind any sale to any purchaser upon provision of written notice to the purchaser. In the event of rescission, immediate return of property will be required of purchaser, and immediate refund of purchase price, buyer's premium, and applicable taxes will be made to purchaser by QW.

GOVERNING LAW. The law of the Commonwealth of Virginia shall govern the auction and sale of all property unless otherwise noted.

BIDDING. Absentee bidding is available to those who cannot attend the sale in person. Internet bidding is available via the Live Auctioneers service. QW assumes no liability for errors and omissions in the execution of absentee, telephone, or Internet bids. Absentee bidders may leave bids to be executed fairly and confidentially by the auctioneer on their behalf. Absentee bids may be registered in person, by telephone, by e-mail, or by fax prior to sale. Absentee bidders are encouraged to use the Absentee Bid Form included with this catalog. All absentee bids must be submitted by 3:00 P.M. the day before the sale. All absentee bidders must register with a credit card number and will be charged a preliminary hold of $100.00 upon registering. Our sales move rapidly and may include numerous floor bidders, absentee bidders, other telephone bidders, and Internet bidders. Consequently, it behooves the telephone bidder to focus their attentions exclusively on the process of sale and the lot under consideration. Internet bidders may bid via the Live Auctioneers service. Internet bidders must register through the Live Auctioneers service and are further bound by the terms and conditions of those services. Consequently, it behooves Internet bidders to avail themselves of any and all additional terms and conditions that apply to these proxy services.

REMOVAL: Removal of items won at auction is the responsibility of the buyer. Lots should be picked up or removed by a shipper two weeks after the auction. Other arrangements must be made by calling (703) 532-5632 (ext. 555). Storage fees may be applied. Auctioneer is held harmless for any damage to property incurred during relocation. A $25 relocation fee per item will be added for items moved off site for storage. Quinn's staff assisting customers with moving auction purchases to vehicles are not responsible for damage.