Lot # : 116 - KIDS BATTERY OPERATED TRAIN

<p>Terms <p>All items offered for sale at the Auction (Items, Property, Product, Purchases) are offered by Bidtakers.net (Auctioneer), as Seller’s agent, subject to the following Terms and Conditions of Sale, which, combined with each Auction’s specific terms as posted in materials and on the web, make up the Complete Terms and Conditions of Sale. <p>Please review all terms and then register to bid online. By registering, you agree to adhere to all of our terms below. <p>Warranty. <p>All auctioned items are final sale. As with all auctions, the bidder should only bid an amount based on their inspection of item(s) of interest. All items are being sold As-Is with no warranty. Some items may be incomplete sets, have imperfections or slight damage. All inventories are as-is and where-is with no guarantee or warranty, actual, expressed or implied as to the marketability, correctness, description, fitness or condition of the item. We disclaim all other warranties, including any implied warranties of merchantability and fitness. Measurements and weight. <p>Liability. <p>Bidder inspection is key. We shall not be liable for any errors or the correctness of the information provided in this package or in any advertisements or materials disseminated pertaining to the property. Upon the completion of all auctions. Bidders are required to pick-up all items won, on the two specified pick-up days displayed on their invoice only. There will be no additional pick-up days in addition to what is displayed on the customer auction invoice and all items not picked up by the dates displayed on the customer invoice will be considered abandoned and forfeited and will be recycled into a future auction. There will be NO REFUNDS or CREDITS for items not picked up, no exceptions. Arrangements can be made for friends or family to pick-up for a bidder who can not pick-up on dates specified on their invoice. Auctioneer shall not be responsible for the correct description, authenticity, genuineness of or defect in any lot, and makes no warranty in connection therewith. On-site inspection of items being sold is recommended. Auctioneer makes every effort to provide accurate information about the items being sold. However, neither Auctioneer nor its Client will assume responsibility for Buyer’s bidding errors. It is Buyers’ full responsibility to confirm the accuracy of items offered for sale. Buyers are recommended to inspect all items. Descriptions and photos are offered as a guide only. Do not rely solely on photos to make buying decisions, be sure to read descriptions. Auctioneer shall not be held responsible for such errors as posting the wrong photo for an item. When in doubt about the condition of an item, please bid accordingly. <p>Payment. <p>CASH ONLY. .. Dealers who purchase for resale must E-MAIL to Auctioneer their resale permit numbers and complete a resale certificate, without which Auctioneer will charge all applicable taxes. E-mail certificate to BIDTAKERS@GMAIL.COM . No refund for tax will be given after merchandise is paid for and picked up if your permit has not been submitted prior to auction closing. <p>Bidding. <p>All bids must be submitted using the online bidding system. Buyer is responsible to confirm their bids for accuracy. Selecting the Review Bids function at any time may do this. Bidders will receive outbid notifications via email up until the last day of the auction, after which time you must log in to the bidding site to confirm your bids. BIDTAKERS AUCTION is providing Internet bidding as a service to Buyer using a 3rd Party Bidding System. Under no circumstances shall Buyer hold Auctioneer liable for system failures resulting in Buyer’s bid not being properly submitted. This auction uses staggered closing times and dynamic closing. This means that bids received in the final minutes before an items scheduled close time will extend the bidding an additional 4 minutes. Auctioneer reserves the right to add, group, withdraw or re-catalog items in this auction, as well as adjust minimum bids and/or reserve prices and extend or shorten closing times at any time before or after closing auction. Please review all bids placed once submitted. If you mistakenly increase your own bid, over bid, bid on the wrong item, or make a typo of some kind, you must immediately contact our office by email by using the contact us section of our website (we must have your request in writing). These types of errors made on your part will not be reversed once the auction has closed, no exceptions please. <p>All Sales are Final. <p>A successful bid at auction, whether live or online, constitutes a legally binding contract of sale. All sales are final. There will be no refunds, returns or exchanges. All announcements made the day of sale take precedence over any and all previously printed matter. <p>Removal <p>of Items Purchased. Buyer is solely responsible to remove purchases within the time frames posted. If you are unable to pickup your purchases in the allotted time frames, do not bid at this auction. All purchases must be paid in full before items will be released from the premises. Buyer must provide its own materials and packing supplies. Buyer must provide its invoice and I. D. at time of pickup. In the event Buyer requires shipment of its purchases, Buyer is responsible to arrange to have its purchases packed, insured and shipped, and shall accept full responsibility for any damages, losses, acts or omissions once Buyer’s representative removes purchases from the sale site. In the event Auctioneer assists Buyer with this process, it does so as a courtesy, and shall assume no responsibility for damages, losses, acts or omissions of any packer or carrier, whether or not Auctioneer refers such packer or carrier. Children under the age of 16 are to be within arms reach of a parent or guardian at all times while in our auction facilities. No one will be allowed in our auction facilities without shoes. Please respect all signs that state employees only. Violators of these very important safety measures, will be asked to leave. Invoices must be paid in FULL and signed before any items are taken. Any items paid for and not picked up on the designated pick-up days as advertised in the auction details will be considered forfeited WITHOUT REFUND and recycled. Ownership thereof reverts to the seller. Items MUST be picked up on the dates specified on the invoice, ONLY ON the pick-up days of the auction in question, no later. FOR PALLET AUCTIONS: All pallets must be picked up in FULL on a flat bed, trailer or vehicle that can accommodate the entire pallet. <p>Failure to Pay. <p>In the event Buyer fails to pay the entire purchase price by the payment deadline, Auctioneer may retain and/or recover, upon demand, from Buyer the required Deposit as liquidated damages for such failure. In addition thereto, Auctioneer may, at its discretion, either resell Buyer’s items at a public or private sale without further notice to Buyer and/or dispose of the item at Buyer sole expense. Any difference between the bid price for an item by the defaulting Buyer and the price received by Auctioneer at a resale shall be paid to Auctioneer by the defaulting Buyer. In addition, a defaulting Buyer shall be deemed to have granted Auctioneer a security interest in the item, which Auctioneer shall retain as collateral security for Buyer’s obligation to Auctioneer. <p>Non-Delivery. <p>Until such time as purchased items are removed from the premises by the Buyer, Auctioneer shall have the right to cancel or void the sale of any such items purchased by Buyer, for any reason. Auctioneer shall have no liability to Buyer due to the non-delivery of any purchased item other than the return of Buyer’s deposit for a canceled or voided sale item. No claim of any kind for purchased items, whether or not based on negligence, shall be greater in amount than the purchase price paid by Buyer. Absence of Warranties. <p. The condition of the items being offered varies. The Buyer understands and agrees: (1) that any description or sample of the items given or furnished by Auctioneer is solely for identification, and does not create any warranty expressed or implied, that the item actually conforms to such description or sample, (2) that Buyer or agent on Buyer’s behalf has inspected or has had the opportunity to inspect, all of the items upon which Buyer will be bidding and/or does purchase, (3) that all items are purchased and accepted by Buyer “AS IS”, “WHERE IS” and “WITH ALL FAULTS”. AUCTIONEER MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO QUALITY, AUTHENTICITY, QUANTITY, CONDITION, USEABILITY, SALEABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, OR OTHER SPECIFICATIONS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST PATENT, TRADEMARK, COPYRIGHT OR TRADE SECRET INFRINGEMENT, (4) in the event there are manufacturer warranties in effect for the item purchased, Buyer must make all claims thereunder directly with the provider of the warranty. No statement or statements of any other paragraph herein shall be construed to in any way contradict the provisions of this paragraph. <p>Acts of Others. <p>Persons in attendance during inspection, sale or removal of merchandise within auction warehouse assume all risks of damage or loss to persons, property, or merchandise and shall exercise proper precautions at all times for the protection of persons and property and shall comply with all safety and health requirements as directed by Auctioneer, and local, state and federal regulations. Neither Auctioneer, its agents, its employees or representatives shall be liable by reason of any defect in or about the condition of the premises on which the auction is held. Buyer specifically releases Auctioneer, its agents and representatives from all liability thereof. Courtesy to the premises of the auction location and pick-up areas will be strictly enforced. Any bidder leaving a mess behind at any of our facilities after sorting through their items will charged a clean-up fee of no less than $50.00. <p>Limits of Liability. <p>In no event shall Auctioneer’s liability to Buyer exceed the purchase price actually paid for an individual item or lot. A Buyer’s claim shall be limited to the amount paid for the merchandise, and shall not extend to any obligation, risk, liability, right, claim, remedy for loss of use, revenue or profit, liability of Buyer to any third party, personal injury, or any other direct, indirect, incidental or consequential damages. Buyer further acknowledges that each item it purchases at the sale represents a separate transaction, and that no one transaction shall be conditioned upon another transaction. Buyer hereby holds Auctioneer harmless from: (1) the acts or omission of any party who provided any items to Auctioneer for sale, (2) the acts or omission of the owner or Lessor of the auction site or the site where the auctioned items are stored, (3) any claims Buyer may have against Auctioneer, Auctioneer’s client(s) or any former owner of the property being sold, (4) Buyer’s failure in any way to properly inspect items and/or fulfill its obligations per the terms and conditions of the sale, as indicated within this document or as announced by Auctioneer at the time of sale. In the event Buyer provides a deposit or payment using a Credit Card, Buyer acknowledges that it is purchasing under the As-Is, Where-Is terms of the auction and that Buyer shall waive all rights of charge back based on any claims of misrepresentation, non-delivery or non-performance. Right of Removal. Auctioneer reserves the right to remove any person from the auction site and to refuse that individual’s bid, whether offered live, by proxy or by Internet. In such event, any outstanding deposit will be immediately returned. <p> <p>Indemnification. <p>Buyer shall indemnify, hold harmless and defend Auctioneer, owners and building owners from and against any and all losses, damages, liabilities and claims, including attorney fees, costs and expenses arising out of based upon or resulting from: (1) failure to secure all safety equipment and to meet all applicable government safety standards in removing items purchased or used by Buyer, (2) failure to comply with safety instructions issued to Buyer from Auctioneer, (3) any act or omission of Auctioneer, owners, building owners or their respective agents, representatives or employees, relating to or affecting the items bid on or purchased by Buyer, (4) the claim of any third party claiming or challenging title to any items purchased by Buyer or claiming infringement of any proprietary interest, (5) the claim of any person resulting from Auctioneer offering for sale or selling the items purchased by Buyer, (6) any injury to Buyer or any other person or property of any type whatsoever caused during the inspection, dismantling, removing or transporting of items purchased by Buyer. <p>Regulated. <p>This auction is being conducted pursuant to all local and state laws and regulations