Lot # : 16 - Guardian of the Fortress - Franklin Mint

1. BUYERS PREMIUM A 23% Buyer’s Premium will be added to the hammer price of each individual item sold. The Buyer's Premium is retained by the auctioneer and is non-refundable. 2. PUBLIC SALE This is a public sale conducted by Magna Auction Company, a licensed and bonded auction company in the Commonwealth of Pennsylvania. By bidding on any item at auction, whether it be live, online, onsite, absentee or phone bid, the bidder/purchaser agrees to be bound by these terms and conditions of sale and/or any other terms and conditions of sale published and/or announced by the auctioneer. Additional Terms and Conditions as listed in the auction listing, published on our web site, published in print, written contracts for sale and/or statements by the auctioneer made the day of auction take precedence over and/or are in addition too, previously published or printed Terms and Conditions of sale. The validity and interpretation of any of the Terms and Conditions of this agreement or of the rights and duties of the parties under this agreement shall be governed by the laws of the Commonwealth of Pennsylvania. By registering to bid for any auction held by Magna Auction Company, the bidder/purchaser understands that they have entered into a legally binding contract, which means that if you are a successful bidder, you are required to pay the total purchase price and all associated charges and fees as set forth in these terms and conditions. Magna Auction Company reserves the right to withdraw any lot or property, to divide or combine lots or property at any time before and/or during such property’s auction. Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot. Magna Auction Company reserves the right to reject a bid from any bidder, to split any bidding increment, and to advance the bidding in any manner the auctioneer may decide. 3. REGISTRATION AND BIDDING QUALIFICATIONS All bidders must register in order to bid. 4. LIVE ONLINE ONLY AUCTION Magna Auction Company may offer one or several platforms to bid online. Online bidding allows you to bid via the internet. Please see the auction listing to see which platform(s) you can use to bid on items you’re interested in. These auctions are open for pre-bidding until the specified date and time, at which time pre-bidding will cease and the auction will go live. They are conducted over an extended period of time as listed on the auction listing. Lots will be sold one at a time, in numerical order, by a live auctioneer who will be taking bids from one platform or over several platforms being updated simultaneously on the day of the auction. These auctions take place with NO "in person live audience" bidding. Because pre-bids and live bids can come from several sources, a tie for the high bid can be possible. In the event of a tie for the high bid, the first bid entered - regardless of its source - wins. Magna Auction Company or any of its staff shall not be held responsible or liable for any human or technical issues, bidding errors, or internet bidding system shutdowns that may occur. 5. DESCRIPTION AND PREVIEW OF LOTS The buyer expressly acknowledges and agrees that Magna Auction Company is not responsible for color variations or typos in print and electronic media, that when a description is given, that description is given as a matter of opinion. All lots may or may not be in complete working order or a complete set. The correctness of the description is solely for informational purposes and it is the responsibility of the buyer to verify, to their own satisfaction, the correctness of the description. Therefore, it is important that you inspect all items before you make a purchase. Look at the image(s), read the description, inspect the item in person if possible. All of our auctions are as-is, where-is, with all faults and with no guaranties are expressed or implied. 6. PICKUP OF PURCHASES All items purchased must be paid for in full before we release it to you at pickup. If pickup is offered, pre-allocated time slots will be available on the day listed for pickup. If the purchased item needs to be disassembled for removal or disconnected from its mounting of its location on the property, disassembly and disconnection is the sole responsibility of the purchaser. Damage to the purchased item and/or to the property it is connected to, caused by removal, disassembly and/or disconnection by the purchaser, is the sole responsibility of the purchaser. We do not assist in packaging items for transport. We do not assist in loading of vehicles. Please bring appropriate vehicle and help. 7. SHIPPING All items purchased must be paid for in full before shipping. The costs associated with shipping is not included in the total purchase price. Shipping, handling, insurance fees and all other costs are at an additional cost to the buyer and not part of the purchase price. Magna Auction Company offers in-house shipping, subject to limitations. If your item is eligible for shipping, the shipping charges will be calculated and will be invoiced to you separately. Please note that some lots purchased by the same bidder during the same auction cannot be shipped together due to size and weight. Shipping for Items purchased on separate days and/or separate auctions in the same day cannot be combined. Any package with a value in excess of $50 must be insured unless the buyer completes a 'Waiver of Shipping Insurance form". Purchase invoices, shipping charges and all other fees charged to your invoices must be paid in full, in advance prior to shipment. All items may take up to 7 – 10 business days to be shipped after cleared payment has been posted to your account. IN-HOUSE PACKAGING AND SHIPPING LIMITATIONS Magna Auction Company reserves the right to make the final decision on what item(s) can or will ship. Due to some items being oversized, heavy, fragile or some other nature, these items must be shipped via a third-party shipper. THIRD-PARTY SHIPPING While Magna Auction Company will try to provide shipping for most items that the auctions offer, items that are large, heavy or more fragile in nature will need to be shipped by a third party. You will be notified if a third party shipper is necessary. All items shipped via third party shipper must be picked up by your shipper on pickup day, Please have your shipper contact us. Magna Auction Company is not responsible for any damage or loss that occurs via a third-party shipper. INTERNATIONAL SHIPPING Magna Auction Company does provide inhouse international shipping. 8. PAYMENT OF PURCHASES Accounts must be settled in full before property is released to the buyer. In the event property is released earlier, such release will not affect the buyer’s obligation to timely remit full payment. Buyers must make payment in a timely manner as stated below. Accepted payment types are cash, bank check, money order, debit card. Major credit cards are also accepted. Please note that there is an additional surcharge/fee added to the total amount of the invoice for all card transactions. An invoice will be sent to the email address we have on file within 5 days after the completion of the auction. Your full amount due is charged as: winning bid amount, buyer’s premium, Pennsylvania sales tax (if applicable), shipping related charges (if applicable) and any other applicable fees/charges listed on the invoice (if applicable). All invoices will be sent as if you are paying via credit card. If you would like to pay by any other means, please contact Magna Auction Company within 2 days for a new invoice. On or about the 2nd day, Magna Auction Company will charge the invoiced amount to the credit card number provided. No matter the source, all payment must be received within 5 days from the date of the auction. 9. SALES TAX Pennsylvania buyers and/or those who pickup in Pennsylvania (regardless of which state you are from) will be required to pay Pennsylvania Sales Tax of 6% at the time of payment unless the buyer provides Magna Auction Company a valid Sales Tax License Number with a complete and signed Pennsylvania Exemption Certificate (REV-1220). THIRD-PARTY PLATFORM sales tax, please note when bidding on a third-party platform and you live in the state that third party platform located, that third party platform may include sales tax on their invoice to you unless you have a valid tax exemption certificate on file with them. Please contact your chosen third party platform for more information. 10. NON-PAYMENT OF PURCHASES On or about the 2nd day, Magna Auction Company will charge the invoiced amount to the credit card number provided. Items still remaining at our facility 20 days after the auction date will be considered abandoned merchandise. The purchaser will not be refunded the purchase price or any buyer’s premium, storage and other related fees. The item may then be offered to the next lower bidder or consigned to a future auction without additional notice to the purchaser. If the credit card is rejected at the time of payment and a supplement payment method is not provided immediately, all of the items you have purchased will be considered Abandoned Merchandise. If sold in conjunction with a third party platform, Magna Auction Company will file an unpaid item dispute and report non-paying bidders to any other third party bidding platform. If you meet any of the criteria under NonPayment of Purchases, you may be rejected from future bidding or consigning at any and all future auctions held by Magna Auction Company without the expressed permission of Magna Auction Company. 11. ESTIMATES Magna Auction Company may include a low and high value estimates for each lot. This estimate DOES NOT include the buyer’s premium and tax. The estimates are provided as an approximate guide to current market value based primarily on previous auction results for comparable pieces. They are not a representation or a prediction of the final bid price that will be realized at auction. These estimates may substantially differ from our original estimates. They are determined well in advance of a sale and are subject to revision. Any appraisal, estimate or opinion expressed by any principal, employee, consultant or other person with respect to the anticipated auction price of any item or lot is a statement of opinion only and Magna Auction Company makes no guarantee, warranty or agreement with respect to the sale price of any item. 12. LIMITATION OF LIABILITY The buyer expressly acknowledges and agrees that all property is sold “as is”, "where is" and with all faults. Neither Magna Auction Company nor the consignor makes any representation or warranty, express or implied, as to the merchantability, fitness or condition of the property or as to the correctness of description, genuineness, attribution, provenance or period of the property. The buyer expressly acknowledges and agrees that in no event shall Magna Auction Company be liable for any damages including, without limitation, any compensatory, incidental or consequential damages. In no event shall the aggregate liability of Magna Auction Company and its consignor to a purchaser exceed the purchase price actually paid for a disputed item of property. If Magna Auction Company is prevented by fire, theft or any other reason whatsoever from delivering any property to the buyer or a sale otherwise cannot be completed, our liability shall be limited to the sum actually paid therefor by the buyer and shall in no event include any compensatory, incidental or consequential damages. 13. DISPUTES In the event of any dispute, or in the event the auctioneer doubts the validity of any bid, the auctioneer shall have sole and final discretion either to determine the successful bidder, re-open the bidding, or to cancel the sale and re-offer and resell the article in dispute. If any dispute arises after the sale, our records of sales shall be conclusive in all respects. In the event any item is disputed, you must contact Magna Auction Company first to dispute the item(s). If a 3rd party bidding platform is notified prior to notifying Magna Auction Company of a dispute or within 5 days of notifying Magna Auction Company of a dispute, you relinquish the right to a refund of any kind. If an item(s) is approved to be sent back to Magna Auction Company for a refund and found to be not the item sold, nor in the condition it was originally sent, the buyer will lose the right to any refund. Item(s) found to be as they were listed in the title, description and pictures of the auction, buyer will lose the right to a refund of the buyer's premium and a 20% restocking fee will be deducted from the refunded bid amount. Return shipping cost and related fees are to be paid by the buyer and are not refundable. Original shipping cost and fees are not refundable. 14. CHARGEBACK POLICY Purchases of any kind made through Magna Auction Company or any 3rd party bidding platform agree that disputes of any nature may not be resolved by a credit card chargeback. The buyer waives the right to initiate the filing of any chargeback claim against Magna Auction Company and/or its credit card merchant. If a chargeback occurs, the buyer agrees to pay a minimum of $400, in addition too administrative fees, costs, attorney fees, and/or any other costs/charges associated with responding to a chargeback for the administrative burden of responding to the dispute. 15. STORAGE and TRANSPRTATON FEES Any items not picked up or not picked up by your third party shipper on pickup day, will incur storage fees at a rate of $5.00 per lot, per day, said rate applies to all items regardless of size or value. Storage fees must be paid before we release the item(s) for pick up. Items still remaining at our facility 20 days after the auction date will be considered abandoned. A minimum $35 transportation fee may be applied if the items are auctioned offsite from our auction house and brought back to our auction house for later agreed upon pickup date. Any item remaining at our facility 20 days after the agreed upon pickup date will be considered abandoned and may then be consigned to a future auction without additional notice to the purchaser. 16. The terms & conditions of sale listed here supersede and/or are in addition to any and all terms and conditions listed on our website found at https://www.magnaauction.com/terms-conditions.