Lot # : 63 - Lot of Four Little Golden Books

The Last Chapter Antique Store Liquidation- Online Auction Auction Location: The Last Chapter, 8601 US Highway 67, Ballinger, TX 76821 AGREEMENT BETWEEN BIDDER, AUCTIONEER, AND SELLER AKA TERMS AND CONDITIONS READ CAREFULLY AND COMPLETELY, AS ALL AUCTIONS ARE DIFFERENT These are the Terms and Conditions of Sale for this online auction. They consist of this introduction and the following numbered paragraphs that outline the relationship between you (“the Bidder”), The Last Chapter Business Solutions, and High Bid. If you want to bid in this online auction, you will first have to certify that you have read, understood, and agreed to these Terms and Conditions.? Such certification will function as your legal and binding electronic signature.? If you choose to make this certification, these Terms and Conditions will become binding both on you and on the Auctioneer, and all parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this sale.? Such certification will function as your legal and binding electronic signature.? If you choose to make this certification, these Terms and Conditions will become binding both on you and on the Auctioneer, and all parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this sale. Please make sure you register with a good cell number. The auctioneer/seller must be able to reach bidders by phone on the day the auction closes to arrange payment. Inspection/Preview Time: Please Call to make an Appointment Pick Up Days and Time: December 26 Tuesday, 27 Wednesday, 28 Thursday, 2023 9 AM to 5 PM This is a Public Auction. By registering to bid in this auction, you acknowledge and agree to these terms and conditions. Lots begin closing in numerical order at 7:00 PM CT on Sunday, December 24th, 2023 and will close one lot every 30 seconds, with extended bidding in effect. Bidders must provide a valid credit card to register to bid online. Payment: Payment can be made by credit card through High Bid or cash. Texas residents with invoices under $1,000 may also pay by High Bid for credit cards. Payment must be received by 2:00 PM CT on December 27, 2023, unless you plan to pay with cash. Payment by cash must be made at the auction site on the first day of removal: Tuesday, December 26, 2023. Auction Site staff will call each buyer after the auction to confirm their type of payment. If the buyer cannot be reached by cell phone or does not return calls by the end of the business day, Auctioneer reserves the right to resell the items to the backup bidder without notice. At the close of the auction, buyers will receive an “unpaid” invoice. Once payment is received, a paid invoice will be emailed to the buyer, confirming the payment process. BRING YOUR PAID RECEIPT WITH YOU TO PICK UP YOUR PURCHASES. Buyers should be available by cell phone (or other phone number provided at registration). A paid invoice will be required to remove purchases. No items may be removed until payment is made in full. False Bids: Any High Bidder that fails to complete a transaction will be held responsible for all damages resulting from that action. High Bidder understands and agrees that they will be personally responsible for all deficiencies – and all legal, collection, transportation, and storage expenses – associated with their delinquent account and/or abandoned items.? In the event of resale, high bidder agrees to pay any cost associated with the resale as well as any deficiency between the original purchase price and the resale price. Buyer’s Premium: A 15% Buyers’ Premium will be added to each item purchased and paid for by cash. An 18% buyer’s premium will be charged on payments made by credit card (on invoices under $1,000). Texas Sales Tax will be charged unless the buyer has provided a signed Sales Tax Resale Certificate or Exemption Certificate for this auction. Prospective buyers MUST email their signed resale form prior to the end of the auction to tlcbs19@gmail.com. NOTE: Texas Law requires the sales tax to be collected on the total price which includes the buyer’s premium. Removal: December 26,27,28 2023 only (9AM to 5PM). Removal is by appointment only. If you cannot remove your purchases on these dates, do not bid. The seller will provide a light-duty forklift and operator to assist with loading heavy items. Auction Site Does Offer Shipping. We offer an in-house shipping option to only 48 of the United States. An estimate for packing, handling, and shipping, at the successful Bidder’s expense, may be provided by email( tlcbs19@gmail.com) and Call 1-800-278-1898. For lighter items, buyers must bring whatever equipment (especially dollies) and personnel needed for removal. Bring your paid receipt for removal. Anything that remains after removal time will be considered abandoned. The Auctioneer?is not obligated to issue a refund if the buyer is unable to pick up and remove their purchases during the published removal times. There is a ramp and loading dock. Late Removal: In the event a buyer requires access to the auction site for late removal on December 28, 2023, the buyer will be required to pay a $250 cash fee to cover an inconvenience fee. The bidder hereby waives, releases, remises, acquits, and forever discharges The Last Chapter and any consignor, and shall indemnify and hold them harmless against any claims, actions, cause of action, demands, rights, damages, costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the bidder now has or which may arise in the future on the account of or in any way growing out of or connected with any defects, latent or otherwise, or the physical condition of any items or lots purchased or any law or regulation applicable thereto. The Last Chapter or consignor shall provide notice to bidder promptly of any such claim, suit, or proceeding. Everything is sold “As-Is”: All items in the auction are being sold, “as is, where is” without warranties or guarantees of any type and with all faults. AUCTIONEER AND SELLER EXPRESSLY DISCLAIM AND EXCLUDE THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Bidders should rely solely on their own inspection of all items prior to the sale and should satisfy themselves as to the usefulness and value of each item. Any statement in the description or the auction marketing regarding the items to be sold should be considered a limited guide only. Any error in description does not relieve the buyer or his/her agent of their responsibilities to inspect. There are NO REFUNDS OR RETURNS. Buyer, jointly and severally, indemnifies The Last Chapter from any loss, claims or damages arising out of any claim, including any claim made by a third party to whom Buyer may sell the equipment purchased in this auction, for personal injury or property damages arising from the failure of the equipment and/or any failure to repair the equipment in accordance with minimum standards approved by the manufacturer. In such event, Buyer agrees to defend and provide a legal defense to Seller for any claim or claims. Vehicle Titles: If a vehicle or trailer has a title (see catalog), it will not be available at removal, but will be mailed to the buyer via Priority Mail to the address used in bidder’s registration within seven (7) business days after the auction. Credit cards may not be used for payment for titled vehicles. Bidder’s Duty to Inspect and Investigate:? Bidder acknowledges that the Auctioneer is providing them with the opportunity to inspect the items being offered for sale in this auction.? The Auctioneer?strongly encourages?bidders to attend the scheduled inspection for this auction or to send an agent, which will take place on?the date listed above.? If you choose not to attend the scheduled inspection or are in doubt about the condition, completeness, or suitability of a given item, please bid accordingly. Choose Wisely: We want everyone to get a good deal and most will. ?However, when you bid on the wrong item or decide an item is not suited for your intended use, or you make assumptions of condition or quality, our sellers will not assume the cost of your mistakes.??You agree that your failure to inspect or otherwise become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due, nor for any claim against the Auctioneer. Buyer is Responsible: Seller, Auctioneer and Buyer expressly agree that Buyer is responsible for and agrees to indemnify Seller, Auctioneer and their respective affiliates for any and all damages (whether based on contract, tort, warranty, negligence, strict liability or any other legal theory, and including special, incidental and consequential damages), losses, expenses, attorneys’ fees, court costs, etc., that arise out of or result from the removal, possession or use of any items purchased at this auction, or any other claim regarding the use or possession of any asset purchased at this auction. Charge-backs Prohibited:? ?Buyer agrees that they will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that the Auctioneer charges to your credit card. ?You agree that this provision applies equally to amounts charged in connection with any items you have won?and?any buyer’s premium or sales tax applicable. Default and Resale:? You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default.? If you still fail to pay for any item after being notified of your account’s being in default, you agree that the Auctioneer will have the right to immediately resell your item, and you further agree to pay (a) any cost associated with the resale and (b) any deficiency between your original purchase price and the resale price. Disposal of Unclaimed Items:? In the event you refuse to pay for or abandon any item that you win at auction, the Auctioneer will have the option of reselling, removing, storing, or disposing of the unpaid-for or abandoned item.? You understand and agree that you will be personally responsible for all deficiencies – and all legal, collection, transportation, and storage expenses – associated with your delinquent account and/or abandoned items.? In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price. Suspension of Bidding Privileges: You understand and agree that any violation of these Terms and Conditions — and/or any unsafe or illegal activity during any auction-related event — may result in the Auctioneer’s suspending your online bidding privileges indefinitely. Nothing in this paragraph will limit the Auctioneer’s right to any other remedies at law or in equity. Internet Problems: Auctioneer and Seller are not responsible for any internet connection problems that may occur during the auction. Bidders should understand that sometimes internet connection or delay problems do occur. Auction lots will not be re-sold or brought back up for bidding because of internet problems. If you have issues with placing bids, please contact HiBid Customer Service directly (352) 414-1947. Missing Items or Items That Cannot Be Sold: In the event an item sold in the auction is found missing or is determined to be unavailable for sale or cannot be legally sold, prior to removal, the Auctioneer/Seller will only be responsible for the refund of the purchase price, buyer’s premium and any sales tax. Buyer agrees that the only compensation due them will be the refund of actual money paid. The Last Chapter is not responsible for any lost or damaged items in case of theft, fire, natural disaster, flood, or water damage. Claims and Choice of Venue:? Any claim or controversy arising out of or relating to these Terms and Conditions, or to any breach thereof, will be resolved exclusively by a state court having jurisdiction in Runnels County, Texas, or in the Federal District Court for the Western District of Texas, where federal jurisdiction exists. Each party hereby submits to the jurisdiction and venue of such courts.?You agree that all claims instituted by you will be litigated on an individual basis, and will not be consolidated with any claim made by another party.? You agree that any judgments awarded may be applied to and collected from you personally or corporately. ?Should you file an action contrary to this paragraph, the defending parties may recover reasonable legal fees and costs.? Further, if you bring a claim against the Auctioneer/Seller and do not prevail, and/or if the Auctioneer/Seller takes action against you as a result of your violation of these terms and conditions and is the prevailing party, you agree that you will reimburse the Auctioneer/Seller for all reasonable legal fees and costs including reasonable attorney’s fees. These Terms and Conditions will be governed by and construed under the laws of the State of Texas. If any provision of these terms and conditions or of any listing be void, unlawful or unenforceable under applicable law, that provision shall be modified to the minimum extent possible to comply with applicable law, or if modification is not possible, deleted and severed from the remaining provisions. Any such modification, deletion or severing shall not affect the enforceability or validity of any of the remaining provisions. Changes to Terms & Auction Catalog::? Seller and Auctioneer reserve the right to make changes to these terms & conditions and to remove cataloged items from the auction at any time prior to the close of the auction with notice of any change being posted on the auction catalog. Entire Agreement: These Terms and Conditions contain the entire agreement between the bidder and the auctioneer and supersede any prior oral or written agreements relating to the same subject matter. **IMPORTANT - PLEASE READ** AS YOU HAVE ACKNOWLEDGED BY AGREEING TO THE TERMS AND CONDITIONS OF THIS AUCTION, THERE ARE NO REFUNDS OR EXCHANGES. For questions, please contact the office: at 1-800-278-1898 or tlcbs19@gmail.com