Lot # : 30 - Bachmann D&RGW Insulated Boxcar - HO

Dayco Companies, LLC, dba Dayco Auctions is licensed as an Auctioneer in the State of Texas, TDLR License No. 18125. Bidder and Auctioneer agree that the terms and conditions listed on the Dayco Auctions site shall govern each online auction sale regardless of the type of items auctioned or the services provided on this site. Auctions will be conducted within the framework of the terms and conditions listed on this site plus other provisions that may be added by the Auctioneer, herein recognized as Dayco Companies, LLC, doing business as Dayco Auctions. Dayco Auctions is also known in this Site User Agreement as "Auctioneer". All registration information the Bidder provides to the Auctioneer shall be current, complete and accurate. Bidders must be 18 years of age or older. Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of any transaction being conducted on and during any auction sale. The access and use of this any online auction site of Dayco Auctions (collectively the "Site") is subject to all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement (collectively the ("Site User Agreement") and all applicable laws and regulations. including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site. Legal action will be taken against anyone violating the terms and conditions of the Site User Agreement or any other applicable law or regulation. Auctioneer reserves the right to periodically change the terms and conditions of the Site User Agreement and it is the Bidder's responsibility to periodically review all changes made to these terms and conditions prior to each use of this site. By using this Site, you agree in advance to accept any such changes. To receive an online Bidder number you must provide credit card information in order to bid and pay forany items won during the auction, and certain auctions may require a deposit be paid prior to the auction event. This allows us to more accurately identify online bidders and avoid the possibility of fraudulent bids. Bidders expressly authorize the Auctioneer to use the Bidders credit card to satisfy the payment amount as well as any deposit required for an event. If the Bidder has not actively bid on an item/lot and/or does not owe any outstanding settlement, monies will be automatically released in accordance to standard credit authorization and deposit procedures. Full payment of the purchase price for an item/lot is charged to your credit card prior to notification that you are the successful Bidder. Applicable taxes will be added to the purchase price of all taxable items. Collection of applicable taxes will be in accordance with the laws of the state where the purchased asset is located. Buyers Fee: An Online Buyers Fee will be charged by the Auctioneer and collected from each successful Bidder in the amount of Twelve Percent for each item/lot purchased, in addition to the final high bid amount. Merchandise Returns/Refunds: All items bid on and awarded to you as the high Bidder are final. All items/lots bid on and won by the successful Bidder are purchased AS IS - WHERE IS and WITH ALL FAULTS, and become the property of the successful Bidder upon the final payment and settlement of your invoice which will be charged to the credit card you placed on file during the Bidder registration process. By my registration I agree to accept all charges placed on the card that I used at registration, and that I waive all rights concerning charge backs or refunds for any items/lots charged off to me. You will be suspended or permanently banned from the Site if you provide false information when registering, such as false name or fraudulent contact information. You will be permanently banned from this Site if you are the successful Bidder and you do not honor your auction bid(s). Furthermore, if you do not honor your auction bid(s), any deposit that you have paid will be forfeited. Dayco Auctions (hereafter "Auctioneer") use of e-mail addresses is strictly limited to contact Bidders/Buyers and Owners/Sellers; any use of this private information by you is strictly prohibited. Settlement for payment for purchases must be made by credit card on file unless otherwise noted in a specific auction's terms and conditions. All sales are subject to appropriate state Sales Tax laws. Bidder/Buyer must agree and acknowledge not to retract their purchase offer. Bidder/Buyer shall be responsible for planning for merchandise removal. The descriptions of items/lots appearing in the auction and in advertising prior to the auction are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by the Owner/Seller or Auctioneer concerning any item/lot shall be construed as a Warranty either express or implied. ITEMS/LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS. Bidder acknoeledges that all items/lots were available for inspection prior to the auction and by these terms, Auctioneer and Owner/Seller strongly encouraged Bidder to carefully inspect each item/lot in which Bidder had an interest to determine the items/lots nature, quality, condition, quantity and size. Bidder relied solely on personal inspection and not on information listed on the Site or otherwise provided by the Auctioneer or the Owner/Seller. Bidders failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity and size of the item/lot will not constitute grounds for any claim, adjustment, refund, termination of the contract for sale, or the refusal to close the sale, against the Auctioneer or Owner/Seller. Condition Reports: Dayco Auctions and it's employee's are pleased to provide you with the condition of items/lots offered for auction. However, since we are not professional conservators or restorers, we urge you to inspect each item/lot yourself or have your agent do so on your behalf. Prospective Bidders/Buyers should satisfy themselves as to the condition and must understand that any statement made by Dayco Auctions or it's employee's is merely a subjective opinion, NOTWITHSTANDING WRITTEN REPORTS OR ANY DISCUSSION CONCERNING CONDITION IN THIS CATALOGUE. This Site User Agreement constitutes the final expression of the parties' agreement and a complete and exclusive statement of the terms of the sale. The IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this sale and transaction and shall NOT apply to the merchandise that is the subject of these sales. Auctioneer does not not have control of the items/lots that are posted in the Site, and cannot guaranty the authenticity and quality of said product. Auctioneer is not responsible for the actions the Owner/Sellers and Buyers take before, during or after the auction, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, due to your visit to this auction site. Use of this site is at your own risk. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. Despite efforts to avoid the withdrawal of items/lots from the sale after they are listed it may sometimes be necessary. Auctioneer and Owner/Seller reserve the right to do so at any time before or during the sale. The Owner/Sellers of the property sold through this Site reserve the right to reject all bids in their sole discretion. Buyer will be furnished an electronic receipt at the conclusion of the sale. Merchandise becomes the full responsibility of the Buyer at time of PAYMENT, and Buyer assumes all risk of loss or damage to the property until removal from the sales premises. Owner/Seller and the Auctioneer agree that merchandise may remain on the sale premises for a period following the sale. The date by which all merchandise must be removed from the premises is posted on an auction-by-auction basis, on the specific page. After the final removal date, there will be a $25.00 per day, per item/lot storage fee charged to the Buyer. If merchandise is not removed within 10 days after the final removal date, the ownership of the merchandise will revert to the original Owner/Seller and the Owner/Seller may dispose of or resell the item/lot at their discretion. Shipping: Online auctions tend to inherently create the need for shipping services. Dayco Auctions will assist the Buyer in shipping items won during the Buyers winning bid process. However, shipping services are limited to packing and shipping via standard shipping companies and the USPS. Shipping services for small items will be offered in-house with the Buyer paying all Shipping and Handling costs on an item/lot basis. Foe larger items, Dayco Auctions will be pleased to provide a list of shippers and packers that our base of clients have successfully used, or the Buyer can have their own shipper/packer handle the shipping of their purchase. Please contact the shipper of your choice to arrange for the packing and pick up and shipping of your items/lots. Your items will be released as soon as payment clears our bank. We request that your shippers schedule pick up times at least 24 hours in advance, as this will insure no delays to pick up and release your purchases. No adjustments will be made regarding merchandise inventory after item/lot has been removed from the premises or after the removal date posted by Auctioneer, whether the property has been removed, Auctioneer reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the auction sale. Auctioneer reserves the right to resell any property not paid for in full within four days of the online auction item/lots closing date, Failure to pay for item/lots won on this online auction will result in forfeiture of your deposit for expenses of resale, collection and damages resulting from the resale. The Owner/ Sellers of property sold through this website reserve the right to reject all bids if they so choose. The final highest purchaser shall be designated at the end of each auction sale. If a dispute arises between two or more Bidders, Auctioneer reserves the right to reopen bidding. Auctioneers designation of the Buyer shall be final. Bid increments: Bidding generally opens at half the low estimate if provided and advance in preset increments which are determined for each auction event. Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/ Seller, Auctioneer and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against all claims, losses, damages, liabilities, judgements, fees, costs and expenses (including reasonable attorneys fees and expenses) related to, arising from or associated with Buyers, his agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal or transport of any auction item/lots and arising out of , based upon, or resulting from any breach or violation by Bidder of the Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder. Auctioneer is providing services as an independent contractor for the Owner/Seller only and is not responsible for statements made by other parties. This Site User Agreement constitutes a binding agreement between Bidder and Auctioneer until terminated by Auctioneer, which auctioneer may do at any time, without notice, in Auctioneers sole discretion. If Bidders dissatisfaction occurs with the auction sale in any way, Bidders only recourse is to immediately discontinue use of the auctions website. Auctioneer reserves the right to terminate Bidder registration and their use of the auction website and impose limits on certain features of the auction Site or restrict Bidders access to, or use of part or the entire Site without notice of penalty. Auctioneer cannot or will not be held responsible for any interruption in service, errors and/or omissions caused by any means and does not guarantee continual , uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of the Auctioneer is final. Auctioneer gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. Auctioneer does not sell or rent this information. Auctioneer uses email mailing lists to notify its customers about online and live auctions. If you are receiving a mailing and wish to discontinue receiving future mailings, simply forward the received email to Auctioneer to have your name promptly removed from out list. As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid and if you win you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this Site and winning, then not paying for the product is illegal in most states and prosecution can result. The Owner/Sellers of property sold through this Site reserve the right to reject all bids at their sole discretion. Dayco Auctions undertakes the execution of online bidding as a convenience for clients and is not responsible for any inadvertent failure to execute bids, or any error in the execution of bids. As a Bidder you are responsible for any bids placed under your bidding number and password. The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for all bids placed under your number. If at anytime you feel that your Bidder number and password have been compromised due to lack of security on your device, you must notify the Auctioneer immediately. You agree you will not use any robot, spider, other automatic device or manual process to monitor or copy the Site, or the content contained herein without our prior express written permission. You agree you will not use any device, software or routine to interfere to attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree that you will not take any action that imposes unreasonable or disproportionately large load on our infrastructure. You agree you will not copy, reproduce, alter, modify, create derivative works or publicly display any content from the Site without prior, express written permission of Auctioneer. THIS SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may have other legal rights which vary from state to state. No legal advice is intended or implied by anything contained with in the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site. Any controversy or claim arising out of or relating to this Site User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in, Texas, and judgement on the arbitration award may be entered into any court having jurisdiction thereof. Auctioneer make seek any interim or preliminary relief from a court of competent jurisdiction in Texas necessary to protect the rights or property of Auctioneer pending the completion of arbitration. You and Auctioneer are independent contractors and no agency, partnership, joint venture, employee or franchiser-franchisee relationship is intended or created by this Agreement. The Site User Agreement and any disputes arising out of or related to the Site shall be governed by, construed and enforced in accordance with the laws of the State of Texas applicable to contracts entered and to be performed entirely within the State of Texas. If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Auctioneers failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. This Site User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Your use of this auction site marks your acceptance in full of these Terms and Conditions.