Online Only Toy Auction Featuring The Gerritt & Shirley Breininger Western Toy Collec...

CONDITIONS OF SALE 1. Auction – This is a public sale conducted by Pook and Pook, Inc. (hereinafter “Pook”) and Noel Barrett Auctions (hereinafter “Barrett”), licensed and bonded auctioneers. Pook and/or Barrett are the agent(s) of the items being sold at auction. By bidding on any item at auction the purchaser agrees to be bound by these Conditions of Sale or any other conditions announced and/or published. 2. As Is – All items (hereinafter referred to as item(s), lot(s), article(s), antique(s), property, etc.) for sale are sold “AS IS” and Pook and/or Barrett, their agents, employees, and/or consignors do not make any guarantees, warranties, or representations, expressed or implied, with respect to the items or the correctness of the catalogue or other description of the authenticity of authorship, physical condition, size, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property or otherwise, except where applicable under the Terms of Guarantee (applies ONLY to published catalog auctions, NOT Online Only Auctions). No statement anywhere, whether oral or written, shall be deemed such a guarantee, warranty, or representation. 3. Condition – All prospective bidders should inspect the property they wish to purchase prior to bidding. If a bidder is unable to view an item in person, they are responsible for obtaining a condition report and/or additional photographs prior to bidding to determine an article’s condition, size, and degree of restoration. We endeavor to be fair and forthright with our descriptions and condition reports; however, bidders must acknowledge that antique items often show normal signs of use and wear, which might not be specified in a condition report. If you are a very particular client with expectations of perfection for the items you purchase, it is advisable that you inspect items in person or that you do not submit absentee bids as your definition of condition may be more exacting that an appraiser could have time to verify. The absence of a condition report does not imply that the lot is in good condition. Pook and/or Barrett reserve the right to reject any request for condition report/additional photograph in which, in our opinion, the value of the object is not commensurate with the time necessary to complete the request. Please also note that the warranties given by Pook and/or Barrett (applies to published/printed catalog auctions only), do not extend to the condition reports. Lots, especially those containing semi-precious and precious stones, cannot be returned once they have been removed from the gallery. Weights and measurements are approximate. Pook and/or Barrett do not guarantee clocks, watches, mechanical banks and toys, scientific instruments, electric lamps, and other mechanical or electric items to be complete or in working condition. Display materials shown in photographs are not included with the lot unless stated in the description. Box lots (i.e. books) are only guaranteed to have those items listed in the description and no condition reports or additional photographs will be provided. 4. Reserve – Some lots offered may be subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Pook and/or Barrett below which the lot will not be sold. A representative of Pook and/or Barrett will execute such reserves by bidding for the consignor. Reserves are set at or below the estimated range. Under no circumstances will reserve amounts be disclosed to prospective bidders. 5. Auctioneer’s discretion – The auctioneer reserves the right to reject any bid which, in his/her opinion, is not commensurate with the value of the article being offered. At their discretion, the auctioneer may also reject any bid that he/she may determine as having a detrimental effect on the item in question or the sale as a whole. Unless otherwise announced by the auctioneer all bids are per lot as numbered in the catalogue. We reserve the right to withdraw any property before sale. The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of any dispute between bidders, or in the event of doubt as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sale record is conclusive. 6. Registration – All bidders must provide identification and a major credit card in order to receive a bidder paddle and/or execute absentee or telephone bids. In order to protect our/our consignors’ interests, we may ask bidders to provide a deposit and/or provide additional financial references. We reserve the right to reject any registration for unqualified buyers. 7. Bidding – A bid may be placed one of several ways: a. In House Live Bids – In-house, live bidding is only available for select sales after registration and receipt of a paddle. The auctioneer will announce the lot number and a starting bid amount. Raise your paddle to indicate your intent to bid. You must be recognized/acknowledged by the auctioneer. After the fall of the hammer, the auctioneer will announce the hammer price and paddle and/or buyer number. b. Telephone Bids – Telephone bidding is only available for select sales. Any request for telephone bidding must be received by us in writing by bid form, online bid form, by fax, mail, and/or email at least 12 hours in advance of the start of the auction. We do not accept verbal requests for bids. Requests for telephone bids are executed by a designated Pook and/or Barrett employee with information provided to us by the bidder. Please check all information submitted for accuracy. The bidder should receive an acknowledgement that bids have been received and if no such acknowledgement is given, it is the bidder’s responsibility to confirm its receipt. Pook and/or Barrett execute bids based on lot number provided by the bidder, not the description, so please make sure that the lot number is correct when submitting bids. When the telephone bidder’s lot is up for sale, a designated Pook and/or Barrett employee will call the primary telephone number provided by the bidder. If time allows, our designee will call the secondary number provided by the bidder. Our designee will make every effort to execute bidder’s instructions. It is recommended that bidders leave a back-up amount in the event that the telephone bidder is unreachable. Bidder agrees to a minimum opening bid of $500 per lot for telephone bidding, regardless of the value of the lot. If it is necessary to change or cancel your telephone bid, your request must be received 12 hours in advance of the start of the auction and subsequently acknowledged. Submit changes or cancellations to bids@pookandpook.com. Telephone bids are accepted and/or executed at the discretion of Pook and/or Barrett and at the risk of the bidder. Telephone bidding is a convenience for bidders not present at auction and we are not responsible for any errors or omissions in connection therewith. c. Absentee Bids – Absentee bidding is only available for select sales (see Internet Bids for online absentee bidding). Any request for absentee bidding must be received by us in writing by bid form, online bid form, by fax, mail, and/or email at least 12 hours in advance of the start of the auction. We do not accept verbal requests for bids. Requests for absentee bids are executed by a designated Pook and/or Barrett employee with information provided to us by the bidder. Please check all information submitted for accuracy. The bidder should receive an acknowledgement that bids have been received and if no such acknowledgement is given, it is the bidder’s responsibility to confirm its receipt. Pook and/or Barrett execute bids based on lot number provided by the bidder, not the description, so please make sure that the lot number is correct when submitting bids. When a lot is up for sale, the auctioneer will bid competitively up to the absentee bidder’s maximum bid amount. If it is necessary to change or cancel your absentee bid, your request must be received 12 hours in advance of the start of the auction and subsequently acknowledged. Submit changes or cancellations to bids@pookandpook.com. Absentee bids are accepted and/or executed at the discretion of Pook and/or Barrett and at the risk of the bidder. Absentee bidding is a convenience for bidders not present at auction and we are not responsible for any errors or omissions in connection therewith. d. Internet Bidding – Internet bidding, both live and absentee, is available for all sales. Third party online bidding platforms, Bidsquare, www.bidsquare.com, and LiveAuctioneers, www.liveauctioneers.com, require a separate registration. In order to expedite the Bidsquare and/or LiveAuctioneers registration process, it is recommended that you register at least one day before the start of the auction. Information is transmitted to us from Bidsquare and/or LiveAuctioneers and bid amounts are anonymous and we do not have previous knowledge of bids left by registered Bidsquare and/or LiveAuctioneers users. At the time of the sale, bids are executed by a designated Pook and/or Barrett employee transmitted to us by Bidsquare and/or LiveAuctioneers. We are not responsible for any errors, omissions, ability or inability, in connection with bidder’s use of Bidsquare and/or LiveAuctioneers as we are not able to control the transmission speed. 8. Bidding increments IN-HOUSE SALES Bid Amount Increment up to $500 by $25 $500 to $1,000 by $50 $1,000 to $2,000 by $100 $2,000 to $5,000 by $200 $5,000 to $10,000 by $500 $10,000 to $20,000 by $1,000 $20,000 and up auctioneer’s discretion ONLINE ONLY SALES Bid Amount Increment up to $500 by $10 $500 to $1,000 by $20 $1,000 to $5,000 by $50 $5,000 to $10,000 by $100 $10,000 and up auctioneer’s discretion 9. Title – Title of each lot passes when the hammer falls and/or the auctioneer says “SOLD”. Thereafter, any loss by fire, theft, breakage, or any other cause is the sole responsibility of the purchaser. Merchandise must be packed and transported by the purchaser at his own risk and expense. Employees or agents of Pook and/or Barrett shall not pack or transport the merchandise. If the buyer requests assistance from an employee or agent of Pook and/or Barrett with packaging or transport it is fully at the risk, responsibility, and expense of the purchaser, and Pook and/or Barrett shall not be liable for any loss or damage that may be caused by such employee or agent. We are not responsible for any damage to property left on the premises, or removed and stored in a storage facility. Pook and/or Barrett is not responsible for the acts or omissions of third parties whom the buyer retains for shipping, or any damage that occurs after items are removed from Pook’s auction house. 10. Buyer’s Premium – A buyer’s premium will be added to the successful bid price and is payable by the purchaser as part of the total purchase price. A buyer’s premium for each individual lot is 22% (25% on Bidsquare and/or Live Auctioneers or other third party online bid platform) of the successful bid price up to and including $1,000,000, and 13% on any amount in excess of $1,000,000. This amount will be added to the successful bid price of each lot and is payable by the purchaser together with the applicable sales or use tax which is applied to the total cost of your purchase. Online purchasers pay an additional 3% buyer’s premium for the use of the online bidding services. 11. Sales Tax – Buyers will be required to pay Pennsylvania Sales Tax of 6% at the time of payment unless: A) Items are shipped out of Pennsylvania by an ICC licensed shipping company; and/or, B) The buyer provides Pook with a valid Sales Tax License Number and completes and signs Pennsylvania Exemption Certificate (REV-1220). The form is available at our office or found here: http://www.revenue.pa.gov/FormsandPublications/FormsforBusinesses/Documents/Sales-Use%20Tax/rev-1220.pdf 12. Payment – Payments can be made with cash, money order, cashier’s check, bank wire, or personal/business check. Make checks payable to Pook & Pook, Inc. A fee of up to $50.00 will be charged for returned checks. First time purchasers must pay with cash, bank check, money order, wire transfer, and/or personal/business check. First time purchasers paying with personal/business check cannot collect items until payment has cleared or ten days post-deposit. We can accept most major credit cards from established clients; however, there is an additional 3.5% surcharge. Pook and/or Barrett do not accept debit cards, PayPal, BidPay, and/or Western Union wires. Items purchased for a third party must be paid for by the purchaser of record, regardless of whether the purchaser of record has received funds from the third party. Payment is due no later than 10 days post sale. If payment is not received within 15 days of the day of sale, the credit card of record will be charged the invoice total plus a 3.5% surcharge. If no credit card is available or if payment has not been received within 28 days, Pook and/or Barrett will pursue alternate collection avenues to collect the balance due plus any storage, administrative, attorney, and/or court fees. Contact: billing@pookandpook.com with any questions. 13. Non-Payment – Pook and/or Barrett pay their consignors 30 days after the day of sale. If a buyer fails to make payment within 30 days of the day of sale, Pook and/or Barrett shall be entitled to do any or all of the following: a. After 15 Days - Charge the credit card number provided to Pook and/or Barrett by the buyer for the total due plus any applicable fees (storage, interest, etc.) plus a 3.5% surcharge. If a deposit was submitted prior to bidding, this amount will not be refunded, but be kept and applied towards any owed amounts. b. After 30 Days – File a Civil Complaint against the buyer to recover any balance due plus court fees, interest, storage fees, administrative costs, attorney fees, and any other applicable financial hardship caused to Pook and/or Barrett, and/or the consignor, or pursue other collection avenues to recover any and all losses. c. Charge interest at a rate of 1% per month throughout the entire time frame of non-payment. d. After 45 Days – Re-offer the items for sale, either publicly or privately, and collect any remaining balance owed after such sale from the original buyer, including, but not limited to: total balance remaining, lost buyer’s premium, lost consignor’s fee, court costs, interest, storage fees, attorney fees, administrative costs including those related to re-selling the item(s), and any other related fees. e. Reject further bidding or consignments by the buyer at any and all future auctions (Unpaid Item Disputes will be filed for all non-paying Bidsquare and/or Live Auctioneers bidders). 14. Shipping/Pick-Up – We reserve the right to hold merchandise purchased until payment has cleared the bank (10 days for personal checks, business checks, overseas money orders/cashier’s checks, and credit cards), if we deem such action necessary to protect our interest. Items paid via cash, bank wire transfer, cashier’s check, or money order will be released immediately. At an additional cost to the buyer, Pook and/or Barrett provides limited in-house shipping or will assist in coordinating shipping with outside shipping companies. Items selected for in-house shipping are at the sole discretion of Pook and/or Barrett. Items not eligible for in-house shipping must either be shipped by an outside shipping company or picked up in our gallery. Pook and/or Barrett does not offer expedited shipping on any liquid asset (precious metals, jewelry, currency, etc.). All items must be picked up, or shipping arrangements made, within two weeks of the day of sale. All buyers must notify Pook and/or Barrett by email (shipping@pookandpook.com), telephone (610) 269-4040, or fax (610) 269-9274 regarding their chosen shipper. The buyer must pay either Pook/Barrett or their chosen outside shipping company a separate shipping charge, in advance, for all packaging and shipping expenses including labor, materials, postage, and, if applicable, insurance fees. Any package with a value in excess of $100 must be insured unless the buyer completes a Waiver of Shipping Insurance. If the property purchased is subject to laws governing export from U.S. or laws restricting imports into foreign countries, the granting of licensing for export and/or import of such goods is the responsibility of the buyer. Pick-up times are by appointment only Monday through Friday between 9:30AM and 3:00PM. Pook and/or Barrett will bring purchases to successful buyers, and/or their shippers, but buyers, and/or their shippers, are responsible for bringing their own packing materials and assistance and must also pack, wrap, and load their items. 15. Storage Fees – Any items left at the gallery for more than two weeks following the sale will incur storage fees at a rate of $5.00 per lot, per day (this rate applies to all items regardless of size or value). Storage fees will begin on the 15th day regardless of payment status. Items still remaining at our gallery 45 days after the auction date will be considered abandoned and may be consigned to a future auction without additional notice to the purchaser. 16. No Chargeback Policy – Purchasers agree that disputes of any nature may not be resolved by a credit card chargeback and further agree to refrain from filing any chargeback claim against Pook & Pook, Inc., Barrett, and/or their credit card merchant(s). By purchasing at Pook & Pook, Inc., the purchaser waives the right to initiate a chargeback and furthermore agrees to pay a minimum of $500 plus administrative fees, costs, attorney fees, and/or any other charges associated with responding to said chargeback due to the administrative burden of responding to said dispute. 17. Firearms – Purchasers of firearms must strictly comply with all state and federal regulations governing their purchase, registration, and transportation. Firearms requiring registration are designated in our catalogue as R (requires registration/FFL) or C&R (Curio & Relic). Bidders of firearms requiring registration (R or C&R) will be required to provide their Federal Firearms License or be a licensed Collector of Curio & Relics. If a purchaser does not possess a federal license, he/she must comply with additional registration as required by their resident state. The purchaser is solely responsible for fees associated with the additional registration requirements charged by Pook or purchaser’s transfer agent. If the purchaser is not in possession of a federal license and is not a resident of Pennsylvania, he/she must make arrangements with a transfer agent in their resident state. If you are restricted from purchasing a firearm, please do not attempt to bid on any firearm. 18. Restricted Transport of Items – Certain items containing elements of restricted plant and/or animal material may require a permit, license, or certificate and be subject to laws governing export from the Commonwealth of Pennsylvania and import to other states/foreign countries. Prior to purchase, it is the Purchaser’s responsibility to familiarize themselves with relevant regulations of the state/country concerned and obtain any necessary permit, license, or certificate. Sales will not be rescinded for the Purchaser’s inability to obtain the required documentation. 19. Copyright – All information, text, articles, data, images, or other materials provided by Pook and/or Barrett either on our website, printed catalogue, and/or third-party website are copyrighted and sole property of Pook and/or Barrett You may not edit, modify and/or make use of such copyrighted materials without the express, prior written consent of Pook and/or Barrett You may only use, download, and/or copy any materials for informational purposes. 20. Limited Liability - Pook and/or Barrett shall not be liable for any amount in excess of that paid by the purchaser. See Terms of Guarantee for further details. 21. Jurisdiction - Purchasers are governed by the laws of the jurisdiction in which the auction is held. By bidding at Pook and/or Barrett, purchasers consent to the exclusive jurisdiction of the courts in the Commonwealth of Pennsylvania.   TERMS OF GUARANTEE Pook and Pook, Inc. (hereinafter “Pook”) and Noel Barrett Auctions (hereinafter “Barrett”) auctions carry a limited guarantee. This guarantee is designed to protect the buyer against major discrepancies. (i.e. major restorations or repairs not described, fakes, forgeries, replicas, reproductions, or major fabrications) that would have a major effect upon the value of the item purchased. The limited guarantee only applies to catalogue printed sales. Pook and/or Barrett warrant the Authorship of items in Bold Face Type for a period of 15 days from the date of the sale of such lot and only to the original purchaser of record at the auction. If it is determined to Pook and/or Barrett’s satisfaction that the Bold Face Type is incorrect, the sale will be rescinded, provided the entire lot is returned to Pook and/or Barrett in the same condition in which it was at the time of the sale. It is also Pook and/or Barrett’s general policy to have the purchaser obtain, at the purchaser’s expense, the opinion of one (or two in some cases) recognized experts in the field, mutually acceptable to Pook and/or Barrett and the purchaser, before Pook and/or Barrett determines whether to rescind the sale. “Authorship” is defined as the creator, period, culture, source of origin, as the case may be, as set forth in the Bold Face Type of a lot in a printed catalogue, with exception of amendments by any oral or written salesroom notices or announcements. All other warranties of authenticity of authorship, express or implied, are hereby disclaimed and purchaser shall take each lot “as is” and with all faults and errors of description. Bold Face Type in the catalogue which identify an item specifically as the work of the named artist or author shall mean that the work is by the named artist or author (i.e. if the name of the artist is printed in Bold Face Type without a question mark and without any qualifying phrase such as “attributed to” or “circle of”. Bold Face Type in the catalogue attributing the work to a named artist or author shall mean that the work is of a period or school of the artist or author, but is not, with certainty, by the named artist or author. This may also be indicated with a question mark following the name of author. The purchaser’s sole remedy in the event of disputed authenticity of authorship of any lot shall be rescission of the sale and restitution of the original purchase price and premium paid by such purchaser. Pook and/or Barrett hereby disclaim all liability for any damages, incidental, consequential or otherwise, arising out of or in connection with any sale to purchaser. Pook and/or Barrett will not refund any shipping and/or handling fees paid to a third party by the purchaser. Bidders are expected to examine material prior to purchase and at the time of pickup. If a bidder is unable to examine an item in person, they are responsible for obtaining a Condition Report and an Auction Addendum prior to bidding. If you are a successful purchaser, prompt payment and shipping arrangements are expected, followed by immediate examination of all material purchased. The purchaser must notify Pook and/or Barrett of any major discrepancies to the description listed in Bold Face Type (unless previously corrected in the Condition Report and/or Addendum). Pook and/or Barrett pay their consignors 30 days after the day of sale. Once consignors have been paid, Pook and/or Barrett will not honor any requests for refunds. If a buyer suspects a major discrepancy, and will need longer than 30 days post sale to obtain documentation of such a discrepancy, they must notify Pook and/or Barrett in writing prior to that deadline so that payment can be withheld from the consignor until such time as the discrepancy is resolved or the sale is rescinded. Please note that this limited guarantee does not extend to any condition report, oral or written, provided to the buyer by Pook and/or Barrett Condition reports are provided as a courtesy and are not a replacement for physical observation/examination of the item(s) bidders wish to purchase, and as such, bidders must assume the responsibility for any errors or omissions contained therein. All dimensions given in the catalogue are approximate and are not guaranteed. All weights, grades, and sizes listed are approximate. Definitions of statements: a. “Attributed to” - work is of the period of the named artist and may be the work of that artist, but is not definitely. b. “Circle of” - work of the period closely associated with the artist or from his studio. c. “School of” - work by a pupil or follower of the artist, in his style. d. “After” - in our opinion, a copy of the work of the artist. e. “Signed” - has a signature which in our qualified opinion is the signature of the artist. f. “Bears signature” - has signature which in our qualified opinion, might be the signature of the artist. EXCLUSIONS Notwithstanding any other provision of these Terms of Guarantee, Pook and/or Barrett disclaim all warranties of authenticity of authorship for all lots consisting of works of fine art by or attributed to artists, authors, or persons living before 1870 and, when no artist, author or person is so identified, works attributed to a period which includes any date prior to 1870 and all warranties relating to the identification of the periods or dates of execution of property which may be proven inaccurate. Clocks and Mechanical items – Items with mechanical parts such as clocks, mechanical banks, music boxes, etc. are not guaranteed to be complete and/or in working condition. Display materials – Display materials such as shelves, holders, and platform bases which may be shown in photographs are not included with any lot unless specifically stated in the written description. Lot Sampling – Lots depicted with the words “lot sampling” also in the photograph are only guaranteed to have those items listed in the written description. Firearms – Purchasers of firearms must strictly comply with all state and federal regulations governing their purchase, registration, and transportation. See Conditions of Sale for further information. We do not guarantee the working condition of any firearm. Pook and/or Barrett will not be liable for accident or injury resulting in purchase of firearm. Purchasers should have all firearms they purchase examined by a certified gunsmith prior to use. Jewelry - All jewelry weights and measurements are approximate. Items with semi-precious and precious stones are not returnable once they have been removed from our auction gallery. Electrified items – We do not guarantee the working condition of any electrified items such as lamps. Pook and/or Barrett will not be liable for accident or injury resulting in the use of any electrified item. Purchasers should have all electrified items they purchase examined by a certified electrician prior to use. Oriental Rugs - Pook and/or Barrett does not guarantee the names or patterns of Oriental rugs. Sizes provided are approximate. Wine and Spirits – Purchasers of alcoholic beverages must be at least 21 years of age. Wine and spirits sold at auction may be subject to laws governing export from the Commonwealth of Pennsylvania/US and import to other states/foreign countries. It is the Purchaser’s responsibility to obtain any necessary import/export license and should secure the license prior to purchase. Sales will not be rescinded for inability to obtain a license or delay of same. Purchasers are governed by the laws of the jurisdiction in which the auction is held. By bidding at Pook and/or Barrett purchasers consent to the exclusive jurisdiction of the courts in the Commonwealth of Pennsylvania. Bidding on any item indicates your acceptance of these Terms and all other terms announced/published at the time of sale.