Lot # : 161 - 1965 Topper Toys Johnny Eagle Magumba Cap Gun

TERMS AND CONDITIONS Online Personal Property Auction Please review this document carefully. This document creates certain legally binding contractual obligations. In order to register and receive access to the interactive online bidding platform, a Bidder must accept and acknowledge these Terms and Conditions. 1. Any bid placed shall constitute a legally binding and enforceable offer to purchase the subject personal property. All bids therefore constitute an irrevocable offer to purchase and shall remain valid and enforceable until the Seller declares the property "Sold" and the auction has concluded. 2. Auctioneer reserves the right to reject any bid placed. Auctioneer agrees to timely advise any bidder of a rejected bid. 3. The Winning Bidder covenants and agrees to purchase the subject personal property at the price of the winning bid, and upon the terms and conditions hereinafter provided. 4. Within 24 hours of the close of the auction event, the Winning Bidder for the property shall receive an e-mail from Champaign County Auctions, which will detail a date, a time, and a location for the retrieval of the subject personal property, subject to further specific arrangements of the parties, including options for shipping and electronic payments. 5. At said appointed date, time, and location, the Winning Bidder shall pay the full purchase price for the property by means of cash, certified check, or credit card. Payment terms are at the discretion of the Auctioneer, and payments of over $1000.00 will be subject to certain requirements, including a possible request for electronic payment (wire transfer, ACH, etc...). Card payments must be made via the card used for registration on HiBid. Card payments from alternative payors are not accepted. There is no fee for card payments. 6. Failure to appear at the appointed date, time, and location by the Winning Bidder, shall be considered an act of default by the Winning Bidder, and the Seller shall be entitled to pursue any and all legal and equitable remedies against the Winning Bidder which are available to Seller pursuant to the laws of the jurisdiction of the State of Illinois. In the event that Seller and/or Auctioneer file suit against Winning Bidder, Seller and/or Auctioneer shall be entitled to recover all reasonable attorneys' fees, costs and expenses incurred. Any items not picked up within 5 days of the close of this auction will become the property of Champaign County Auctions & Estates, unless late pickup/payment arrangement has been made. A late pick up arrangement will entail a minimum of a $10 storage fee per square foot used. 7. By registering and bidding, the Buyer acknowledges that they have submitted themselves to the personal jurisdiction of the State of Illinois. Buyer acknowledges that any and all disputes shall be governed by Illinois Law, conflicts of laws provisions notwithstanding, and that any and all litigation associated with any purchase and sale hereunder shall be filed in the Sixth Judicial Circuit, Champaign County, Urbana, Illinois. 8. Time shall be of the essence as to all of Buyer's obligations. 9. Auctioneer reserves the right to resell any personal property not paid in full within four (4) days of the auction closing date. 10. The Seller, Broker, Auctioneer and their representatives, attorneys, agents, and sub-agents, assume no liability for errors or omissions in this or any other property listing or advertising or promotional/publicity statements and material. The Seller, Broker, Auctioneer and their representatives, attorneys, agents and sub-agents, make no guarantee as to the accuracy of the information herein contained or in any other property listing or advertising or promotional/publicity statements and material. 11. The Property is sold in its "AS IS" condition with all faults and limitations and no warranties expressed or implied, and Seller and Auctioneer specifically disclaim any and all implied warranties, including the warranty of fitness for a particular purpose. All Bidders are encouraged to inspect the Property prior to placing any bid and the Winning Bidder, as Buyer, acknowledges that he/she/it has had a reasonable opportunity to inspect and examine the condition of the Property and make inquiries of knowledge persons. All information was derived from sources believed to be correct, but is not guaranteed. Bidders shall rely entirely on their own information, judgment, and inspection of the Property and records. 12. By registering and bidding, the Buyer acknowledges they understand, accept and agree to these Terms and Conditions. The Buyer acknowledges that they have had ample opportunity to read the Terms and Conditions of the Auction Sale. 13. Seller and Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means, therefore they cannot guarantee continual, uninterrupted or error free service as the website could be interfered with by means out of their control. Bidder acknowledges that the online auction is conducted electronically and relies on hardware and software that may malfunction without warning. 14. Most items in this auction are available for shipping. You'll want to read the item details before bidding because there will be a small number of auction lots not available for shipping. The Auctioneer has hired an inexpensive 3rd party professional packing & shipping service to facilitate shipments for non-local buyers. The shipper will ONLY ship to the "Shipping Address," which is defined as the address linked to the bank/credit card used to register for the auction and pay for the purchase. The shipper WILL NOT ship to any other alternative address. The Auctioneer may decline bidding in instances where a registrant's profile address does not match their bank card address. Shipping is offered via USPS or United Parcel Service, and the carrier will be selected based on the least expensive option. The buyer will be charged actual shipping label cost plus any necessary parcel insurance and a Handling fee. Handling fees are at the discretion of the shipper, and these fees are calculated as a combination of the time it takes the shipper to process a shipping order and the quantity and/or type of materials used in packaging. Small and simple packages that take 10 minutes or less to pack and ship are charged a flat $6 Handling Fee. Any package that takes over 10 minutes to pack and ship will be charged a minimum of a $10 Handling fee, and the shipper will charge an additional $10 in Handling fees for every additional 15 minutes required to pack and ship an order. For example, a complicated shipment that takes 45 minutes to pack and ship will be charged approximately $30 in Handling fees. Materials and boxes are fairly inexpensive and may cost up to $5 dollars extra, depending on the box size. Any use of foam board to protect flat items will have at least an additional $5 Handling fee. Large packages and any packages with more than 4 items may also have at least an additional $5 Handling fee for a non-standard box and materials. The shipper's pricing is very reasonable in comparison with other auction houses and 3rd Party shippers. It is expected that buyers understand the cost of shipping labels and increased labor rates, non-standard box cost, and packing material cost since 2020. In any instance where a buyer is unhappy with the cost of shipping, the Auctioneer will require local pick up by a Uship.com or other courier. ***The Auctioneer is not responsible for filing or pursuing insurance claims. In the very rare occurrence of a damaged package, it is the Winning Bidder's responsibility to file an insurance claim. The Auctioneer will assist the Winning Bidder with the necessary documentation required by the claims adjuster, but The Auctioneer will not file or pursue insurance claims.*** 15. The Auctioneer does not accept bids from new HiBid members with less than 60 days of bidding and successful payment history, unless the bidder is considered to be "local." Exemptions to this rule include family and friends of the Consignors, those willing to place a $500 electronic deposit via Venmo, and those who are acquainted with regular customers or other local auctioneers who can be contacted as references. 16. The Auctioneer does not accept bids from anyone who has had a documented history of unpaid invoices, payment disputes, chargebacks, or unpaid shipping bills with other affiliates or online Auctioneers. The Auctioneer also does not tolerate non-payment or any other forms of these occurrences with Champaign County Auctions & Estates. The Auctioneer will document any such issue on the bidder's online registration profile. The Auctioneer will also pursue any damages caused by an unpaid invoice or chargeback by filing suit with the Champaign County Court Clerk. A $250 filing fee will also be added as damages to the complaint. 17. The Auctioneer does not accept bids from anyone who has had a documented history of rudeness, difficulty, or other similar problems with affiliates or other online Auctioneers. The Auctioneer does not tolerate these types of problems and will document any such issues, which may occur in their place of business or via email/telephone, on the bidder's online registration profile. The Auctioneer expects that any disagreements are to be handled in a professional manner. 18. The Registered Bidder acknowledges receipt and copy of these Terms and Conditions, and having read and understood the provisions set forth therein, accepts same and agrees to be bound thereby.