The Frank Rochowiak Pre-Estate Online Auction #4 - CUSTOM TOYS

Brad Neuhart Auctioneers are proud to have been selected by Frank Rochowiak to begin the process of passing along his amazing collection at ONLINE ONLY public auction. Frank is a pillar in the agricultural collecting community and has collected OVER 60 YEARS. This is the fourth of at least FIVE auctions for Frank. DO NOT MISS THIS OPPORTUNITY TO ADD SOME FANTASTIC TOYS, PEDALS, LITERATURE OR MEMORABILIA FROM ALL COLORS TO YOUR COLLECTION. Bidding will open on October 12, 2024 and go through Sunday October 20, 2024 with items beginning to close at 7pm eastern time. We offer in-house shipping through Shipping Saint on most items or you may pickup your items on Tuesday 10/22/24 from 10am-5pm. Due to the fragility of many of the custom toys we are offering free delivery on select toys to the National Farm Toy Show in Dyersville. See item description for info. Items can be viewed in person on Wednesday 10/16/24 from 10am - 3pm at 12544 Carpenter Rd. Milan, MI 48160. See www.bradneuhart.com for pics, info, registration and bidding.

TERMS & CONDITIONS:

NOTE: All of our online auction utilize a dynamic bidding closing. This means that the time listed is when the first item listed in the sale close, due to the size of some auctions we may close multiple items per minute. This also means that any bid recieved in the last minute of an item closing will extend the closing time of said item by 2 minutes to give the other bidders an opportunity to bid again.

PLEASE READ AND REVIEW THE TERMS THOROUGHLY PRIOR TO BIDDING IF YOU HAVE NOT READ AND UNDERSTAND THESE TERMS PLEASE DO NOT BID. BY BIDDING ON THIS AUCTION, BUYER AGREES TO ALL TERMS AND CONDITIONS SET FORTH AND ENTERS INTO A CONTRACTUAL AGREEMENT TO PURCHASE THE ITEM(S) UNDER THE FOLLOWING TERMS AND CONDITIONS: 1. CATALOG: Brad Neuhart Auctioneers have put forth every effort in preparing the catalog for this auction to provide accurate descriptions of all items. All lots are sold AS-IS, WHERE-IS, with all faults, imperfections and errors of description. Due diligence is the responsibility of the bidder/buyer. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. 2. PAYMENTS: Forms of payment accepted are: Cash, Acceptable Check and Credit Card w/ 3% Service Fee added to the total. By agreeing to the terms you agree the auction company has right to charge the card on file for any unpaid invoices at end of pay/pickup date listed. There is a 10% Buyers Premium added to your bid amount. Any check over $3,000 must clear our account before item will be allowed to leave the auction site OR be accompanied by a bank letter of guarantee. 3. All sales are final. 3a. When applicable 6% MI Sales Tax will be charged for all purchases unless buyer provides a valid sales tax exemption prior to auction. 4. DEFAULT OF BUYER: Successful bidders not paying for items by the end of pickup date and time listed will have their card on file charged for the total invoice amount plus the 3% cc fee.  If the charges do not go through on the card the bidder will be considered in default. Such default by the Successful Bidder will result in that Bidders liability to both the Seller and Brad Neuhart Auctioneers. Seller shall have the right to (a) declare this contractual agreement cancelled and recover full damage for its breach, (b) to elect to affirm this contractual agreement and enforce its specific performance or (c) Seller can resell the items either publicly or privately with Brad Neuhart Auctioneers and in such an event, the Buyer shall be liable for payment of any deficiency realized from the second sale plus all costs, including, but not limited to the holding/transporting/storage costs of the items, the expenses of both sales, legal and incidental damages of both the Seller and Brad Neuhart Auctioneers. In addition, Brad Neuhart Auctioneers also reserves the right to recover any damages separately from the breach of the Buyer. The purchaser agrees to pay all reasonable attorney fees and costs incurred by Brad Neuhart Auctioneers in the collection of funds. Any debt collection or dispute proceedings will be litigated or arbitrated in Monroe County, Michigan at the option of both the Seller and Brad Neuhart Auctioneers. 5. All items are sold as is where is and how is, with no warranties of any type expressed or implied concerning the merchandise/real property being sold. 5a. Shipping - If shipping is available for the auction and you choose to have your items shipped we take every effort to package your item(s) carefully but we will not be responsible for any damage and we are not responsible for any item(s) turned away from customs and returned to us for any reason.  It is the purchasers responsibility to determine if there are any special requirements needed to clear customs. 6. Descriptions contained in the catalog are intended for general information purposes only. Please examine items/real estate carefully before bidding as NO REFUNDS will be given. 7. No one under the age of 18 years of age is permitted to register or bid. 8. After an item has been sold, it becomes the sole responsibility of the purchaser. All risk of loss passes to the buyer upon the declaration that the item has been sold. Any item purchased must be removed in its entirety. 11. The auctioneer may remove items from the sale at his discretion. 12. The auctioneer is the sole authority on any disputed bid, and his word is final. We reserve the right to correct any clerical errors and to re-invoice if necessary. 13. If a dispute arises out of this contract that cannot be settled through negotiation, the parties agree to try in good faith to settle the dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure. Any and all court proceedings resulting from a dispute are to take place in Monroe, MI. 14. ONLINE BIDDERS: BIDDING AND REGISTRATION INFORMATION: BIDDER VERIFICATION: Bidding rights are provisional, and if identity verification is questionable Brad Neuhart Auctioneers has the right to reject the registration, and bidding activity will be terminated. The Seller and Brad Neuhart Auctioneers reserve the right to preclude any person from bidding if there is any question as to the person's credentials, mental fitness, etc. Bidders agree to keep their username and password confidential as they are responsible for ANY and ALL activity involving their account. Brad Neuhart Auctioneers reserves the right to reject any and all bids for any reason and also reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding. All decisions of Brad Neuhart Auctioneers are final. Your bid on this auction indicates both an understanding and an acceptance of the terms of this contractual agreement between yourself and both Brad Neuhart Auctioneers and the Seller and that you, as the Bidder, are prepared to purchase items under these terms and conditions. This auction permits bids to be placed by the auctioneer, an employee of the auctioneer, or the seller or an agent on the seller's behalf in accordance with UCC 2-328, this auction is permitted to engage in this activity by providing this clear disclosure to you, the bidder.