(5) Dale Earnhardt #3 Diecast Cars

IMPORTANT INFORMATION: PLEASE READ BEFORE BIDDING.GENERAL TERMS OF THE PERSONAL PROPERTY AUCTIONPROPERTY IS OFFERED UNDER THE SPECIFIC TERMS PROVIDED. PLEASE READ AND REVIEW THE TERMS THOROUGHLY BEFORE BIDDING ON ANY PROPERTY. Following your review of these terms, do not bid if you do not agree or accept. By placing a bid, you accept the terms of this auction and will be held to the terms as they are presented and updated. These terms create a legally binding contract between you and Taylor Auction & Realty, Inc. Bids cannot be canceled.All lots sold in this auction are subject to a 15% buyer premium and applicable sales tax (See payment paragraph below). The hammer bid, the buyer premium, the credit card fee, if applicable, and applicable sales tax will establish the final price. Buyers' premium details are also on the Auction Details Page.ALL PROPERTY IS SOLD AS IS WHERE IS WITH NO WARRANTY, EXPRESSED, WRITTEN, OR IMPLIED, AND ALL SALES ARE FINAL: Taylor Auction & Realty, Inc. has made every effort to prepare the catalog for this auction. All information obtained came from the seller or third-party sources.Taylor Auction & Realty, Inc. may attempt to describe the merchandise in advertising, on the Internet, and at the auction but makes no representations. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. In no event shall Taylor Auction & Realty, Inc. be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Bidders who bid from off-site understand and acknowledge that they may need help to inspect an item and examine it in person. Taylor Auction & Realty, Inc. will not be responsible for any errors or omissions in the merchandise description. Bidder agrees that everything is sold as is and that they may not return any item they purchase.Items may be inspected at the site. Taylor Auction & Realty, Inc. sometimes offers an inspection. Inspection and Removal Dates will be detailed on the auction details page.BIDDER REGISTRATION:In order for us to conduct authorizations, you are encouraged to register and bid early. Waiting until the last minute to register or become comfortable with the system could negatively affect your bidding. We encourage you to register at least 24 hours before the auction.To better serve our customers, all bidders must provide their name, address, daytime phone number or cell number, credit card information, and email address at which they can be contacted. This ensures good communication between Taylor Auction & Realty, Inc. and the bidder throughout transactions. Each bidder's identity will be verified. Bidding rights are provisional; if complete verification is impossible, Taylor Auction & Realty, Inc. will reject the registration, and bidding activity will be terminated.BIDDING PROCEDURES:Our online auctions move quickly! If you are interested in bidding, bid quickly, especially at the close of the bidding time. The bidding software will notify bidders by email when they have been outbid. Bidders may also discover if they have been outbid by refreshing the individual lot information or the entire screen. Due to varying internet connection speeds, please place a max bid or constantly monitor the auction at the close of bidding. Sometimes, email notifications can be delayed. If you win, you will be notified by email. It would help if you watched the auction during the extended bidding time session to ensure you are the high bidder.Online Auctions are shared among the MarkNet Alliance Group and at marknet.com. By placing a bid, you agree to all of the terms and conditions set forth by each auction company and expressly acknowledge and affirm that you have read and are familiar with the terms and conditions of each auction company and each term condition. The Auctioneer Auction Company has the sole discretion to advance the bidding and may reject any bids that do not advance and or are injurious to the auction, including but not limited to minimal suspicious and suspect advances. The Auctioneer shall have sole discretion in deciding the successful bidder in a bidding dispute or negotiation decisions beneficial to sellers on their items. You acknowledge that your bid is a legally binding offer to purchase the item property being auctioned by placing a bid. Times shall be of the essence. Taylor Auction & Realty, Inc. reserves the right to update, lower bids, withdraw bids, or re-catalog items in this auction. Winning high bidders are notified by email when all items in the auction have closed. Bidders are responsible for checking their email to receive notification that they have won a lot(s). Auction company employees and Auction Company may bid on the auction for absentee bidders or at the direction of interested and approved bidders who refuse to create an online account but desire to bid at the auction. Auction company employees may bid on auction items for personal consumption.EXTENDED BIDDING/Staggered Ending:This auction features EXTENDED BIDDING, with a certain number of lots closing within a specific time frame. For example, ten lots every 5 minutes will be completed if there is no activity. Any lot that receives a bid within five minutes of its scheduled closing time will remain open for bids past its normal close. Active lots will remain open for five minutes until there are no bids on that lot. If you have questions, please call us.MAX BIDS:Internet bidders who want to ensure their bids are acknowledged should use the Internet bidding feature and leave their maximum bid. When you bid your max, the current bid price does not automatically go to your max bid. Someone else has to bid to increase the current price, and the computer will automatically bid up to your max in the increments specified. Max bids are taken in the order of date and time placed.BROWSER INFORMATION: Google Chrome and Mozilla Firefox are the preferred Internet Browser for our bidding platforms. Because Microsoft is phasing out support for Internet Explorer 8, 9, and 10, bidders are more likely to have issues with Internet Explorer when using our website.REFRESH YOUR SCREEN:It is best to refresh your screen periodically. To restore your screen, click `RESET CATALOG` or REFRESH ALL for the whole page to refresh, or use the refresh button on your browser. This is most important at the end of the auction. Please call with any questions at 662-226-2080. It would help if YOU refreshed THE SCREEN TO KEEP THE TIME ACCURATE.Reserve Statement: A reserve not met statement is placed on lots with a reserve. When the reserve is met, the statement will disappear. After the auction closes, bidders may call the office to request the reserve, and negotiations can be discussed.TECHNICAL SOFTWARE ISSUES: NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Taylor Auction & Realty, Inc. provides online bidding to Bidder. The bidder acknowledges and understands that this service may or may not function correctly on the auction day. Under no circumstances shall Bidder have any claim against Taylor Auction & Realty, Inc. or anyone else if the internet service fails to work correctly. Taylor Auction & Realty, Inc. will not be responsible for missed bids from any source.Time Increase or Decrease: In the event of technical difficulties related to the server, software, or any other online auction-related technologies, Taylor Auction & Realty, Inc., reserves the right to extend bidding, continue the bidding, close the bidding, or increase or decrease the extended time amount at the end of the auction.INVOICES: Winning/ high bidders are notified by email when all items in the auction have closed. Bidders are responsible for checking their email to receive notification that they have won a lot(s).PAYMENT and REMOVAL TERMS:If you are picking up at the location site, a check or cash is preferred at removal. All accounts must be settled after the auction and within 48 hours. We request payment be made in full at the end of the auction or on removal day(s). We also accept Cashier's Checks, Wire transfers, Visa, American Express, MasterCard, and Discover. We prefer Cashier's Checks or Wire Transfers (a $25 wire fee is applicable) if payment is over $5000.00. Visa, American Express, MasterCard, and Discover can also be utilized for less than $1000.00. No credit card chargebacks are allowed. Bidders are charged a Buyers’ Fee detailed on the main auction details page. Credit Card Usage is an additional 3.45%. Applicable SALES TAX is CHARGED to the Gross Amount. Resale Tax Permits are allowed and accepted after verification of the permit number, and a copy is provided at checkout. Any buyer who pays over $10,000.00 in cash payments will be required to verify personal information to complete IRS Form 8300.Photo Identification: The registered buyer must present a photo during the payment process if it is unknown to our staff. The successful registered bidder must pay for each lot for that specific lot. All credit cards presented by the buyer must have been issued to the buyer or the business the bidder registered to represent at the auction. Credit card payments must show an exact match to be accepted. Electronic bank transfers for the final cost of purchases must originate from an account of the registered buyer or the business the buyer represents. The transfer must include the bidder number and the invoice number.DEFAULT OF BUYERS: Bidders not paying for items at the end of the auction will be considered in default. Such default by the Successful Bidder will result in the Bidder’s liability to both the Seller and Auction Company. Seller shall have the right to (a) declare this contractual agreement canceled and recover total 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 Taylor Auction and Realty, Inc. 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 Taylor Auction and Realty, Inc., Inc. In addition, Taylor Auction and Realty, Inc. also reserves the right to recover any damages separately from the Buyer’s breach. To collect funds, the purchaser agrees to pay all reasonable attorney fees and costs incurred by Taylor Auction and Realty, Inc.. Taylor Auction and Realty, Inc. reserves the right to refuse bidding privileges to any person(s).DECLINED CREDIT CARDS or RETURNED CHECKS:We ban bidders whose credit cards are declined on reconciliation day or who write us an insufficient check.RETURN CHECK POLICYIf Taylor Auction & Realty, Inc. receives a returned check, the buyer agrees to pay an insufficient check fee. The buyer will either agree to pay via certified funds for the entirety of the returned check plus $30 or return the merchandise. If buyer returns the merchandise, they are responsible for paying a commission for selling the merchandise, paying the difference in the amount owed after it sells & any other expenses incurred from the resale of the items. If the buyer defrauds Taylor Auction & Realty, Inc. with a defaulted check and still possesses the merchandise, Taylor Auction & Realty, Inc. will seek proper legal means to prosecute to the fullest extent for punitive, compensatory damages.REMOVAL POLICY:After receiving the invoice, arrangements regarding payment and removal must be detailed to Taylor Auction & Realty, Inc. Please note the removal dates on the auction catalog and details page. Buyers are to satisfy themselves with the conditions before bidding. At removal, the buyers must verify with staff the lot purchased in the presence of a Taylor Auction & Realty, Inc. employee before removing it from the premises. We will not be held responsible for any issues discovered after the items(s) leave the auction location. Bidder agrees that everything is sold as is and that no return or refund will be granted on any item they purchase. Taylor Auction & Realty, Inc. will not be held accountable for the buyer's additional loading costs, commission, transportation, and repair fees.SHIPPING on smaller items: The auction company can arrange packing and shipping through the United States Postal Service or United Parcel Service. The buyer is responsible for packing and shipping costs, including postage, labor, and handling charges. A professional shipping company ships fragile or oversized items, which may increase shipping costs. All items are insured for the purchase price. Therefore, an extra charge is assessed to the buyer for our time and travel. For practical purposes for both parties, more oversized items should be physically removed by the purchaser and not shipped because of increased cost.MISSING ITEMS PROBLEMS REGARDING ITEMS SHIPPED:We document the contents of each package. We are not responsible for missing items. If we have missed an item in your shipment, our documentation will show that. Please notify us within two business days of receiving the package if you think something is not included. If our documentation shows it still needs to be packed, we will forward it immediately at our cost. We are not responsible for boxes opened by anyone other than the owner. Please check the entire box and packaging for contents. DO NOT discard the original shipping box and packaging if something is missing. Also, if you see a problem with any item received, please notify us within two business days of receiving the package so we can address the issue. No claim is responded to after two days.ITEMS NOT PICKED UP:For any item not picked up on the day(s) established for removal, your credit card will automatically be charged for the invoice amount plus any applicable storage handling fees. If your credit card is not processed and you refuse to honor your bid, you will be blocked from the system. If you cannot make the removal dates, please get in touch with us at (662-226-2080), and we will work with you if possible. However, this auction has strict removal dates. If the buyer does not pick up items or make payments on merchandise up to date, the buyer is blocked from all MarkNet auctions. This includes all auction companies part of the Marknet Alliance Organization, www.marknetalliance.com. This means you will not be able to bid on any online auction of auction companies associated with Marknet Alliance.If any items are paid for but not removed from the auction location within the established removal time, Taylor Auction & Realty, Inc. has no further obligations to the purchaser who did not meet the removal terms. Items are left at the discretion of the winning buyer/purchaser, and Taylor Auction & Realty, Inc. bears no responsibility for items remaining at the location after specified removal dates.SOLE AND EXCLUSIVE VENUE & JURISDICTION OF ALL DISPUTES: Any claims, including debt collection and all other disputes of any kind, nature, or character whatsoever arising from this auction sale shall be brought to the appropriate court of Grenada County, Mississippi, and shall be governed by the laws of the State of Mississippi; Seller, Bidder, and Buyer each individually and collectively by participating in the Auction conducted by Taylor Auction and Realty, Inc. do at this moment irrevocably agree to submit themselves and any claims to the jurisdiction and venue of the courts of Grenada County, Mississippi, and the laws of the State of Mississippi, which shall be the sole venue and jurisdiction for the resolution of any claims between them and Taylor Auction and Realty, Inc. regardless of the nature or location of the property sold or purchased or the physical location of the Auction. The successful purchaser agrees to pay any reasonable attorney fees and costs incurred by the Auction Company, the seller, and their servants, agents, or employees in the commencement or defense of any actions and the collection of any obligations hereunder. The purchaser agrees that a fee of 2% per month is added to any unpaid balance due to the Auction Company and any other costs or losses incurred by the purchasers’ failure to adhere to these terms.HOLD HARMLESS: Buyer and or bidder agree that Taylor Auction and Realty, Inc. is a representative of the Seller and agrees to hold harmless and indemnify Taylor Auction & Realty, Inc. and its Agents, Owner, Directors, Employees, and its Representatives from any claims, demands, expenses, damages which bidder/buyer may claim on account of or any way growing out of the said auction and to look solely to the Seller for any remedy demanded.Bidder Acknowledgment: Bidder acknowledges that no relationship of any nature or type, agent, employee, independent contractor, or otherwise is created between bidder and auctioneer, affiliated auction companies, affiliated software companies, and or any servant, agent, or employee of the same by bidder’s participation in this auction. The bidder acknowledges and agrees that the Auctioneer is acting solely as the seller's agent in this auction.Bidder Responsibilities: Bidder responsibilities include, but are not limited to: Bidders agree to keep their username and password confidential, as they are responsible for ANY and any involving their account. You must obey local, state, and federal laws when using the website. Violations will result in the termination of website use privileges. Auction company employees and the Auction Company may bid on the auction for absentee bidders or at the direction of interested bidders.Guaranty Agreement regarding a business entity: By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement guaranteeing payment to Taylor Auction & Realty, Inc. for the completion of the transaction.Reasonable Accommodation: Taylor Auction & Realty, Inc. is an employer and professional service organization that has no intention to discriminate based on disability or other legally prohibited bases. We are an affirmative action, equal opportunity employer and service provider. Our decisions are made without regard to race, color, religion, sex, disability, sexual orientation, gender identity, national origin, veteran status, or genetic information. Accommodations are made for hiring employees or assisting clients or customers with our services unless the accommodation will impose an undue hardship.Requests for reasonable accommodations should be directed to Ruthie Taylor @ Ruthie@taylorauction.com.By bidding on any item, the bidder accepts the auction terms.Benny TaylorTaylor Auction & Realty, Inc.INFORMATION IS SUBJECT TO CHANGEAnnouncements in the form of updated terms posted on the website will take precedence over any previously viewed terms at registrations, previous material, or other oral statements. Please view the terms periodically for any changes.