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4040 West Walworth Road,
Macedon, NY 14502
A 15% Buyer's Premium will be added to the final Sales Price. All applicable taxes will be assessed based on the sum of the sales price and buyer's premium.
Dayton Friction Drive Train Car. Pat November 1921.
Working friction drive. Good condition for the age
GENERAL TERMS AND CONDITIONS
The buyer acknowledges he/she has read and agrees to be bound by the additional terms and conditions set forth in the description of the equipment purchased. We suggest you print out a copy of these terms for your records. Buyer's Premium is 15% of Sale Price.
3.2 Additional Terms.
You may be required to agree to additional terms and conditions on a per online auction basis. These additional terms and conditions are located in the Auction Details on the online auction in which You choose to participate. These additional terms are hereby incorporated into the Rowe Realty Auctions & Appraisal Terms & Conditions as an integral part hereof.
3.3 Modification of Terms.
Rowe Realty Auctions & Appraisal may modify these Terms & Conditions at any time and such modification shall be effective upon being posted onto the Rowe Realty Auctions & Appraisal Website. You agree to be bound to any changes to these terms when you use www.digginfordeals.com after any such modification is posted. It is therefore important that You keep Yourself up to date with the Terms & Conditions and any changes to them.
THESE TERMS AND CONDITIONS ARE LEGALLY BINDING AND IF YOU VIOLATE ANY PART OF THEM, ROWE REALTY AUCTIONS & APPRAISAL, AND/OR THE OWNER/SELLER MAY SEEK LEGAL RELIEF, INCLUDING BUT NOT LIMITED TO REPORTING YOUR CONDUCT TO APPROPRIATE LAW ENFORCEMENT ENTITIES. PLEASE NOTE THAT THESE TERMS INCLUDE AN AGREEMENT BY WHICH YOU INDEMNIFY ROWE REALTY AUCTIONS & APPRAISAL.
4. ACCESS AND USE OF THE WEBSITE
4.1 Website Access.
Rowe Realty Auctions & Appraisal hereby grants You permission to use the Website as set forth in these Terms & Conditions, provided that: (a) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose and/or in a manner allowed by Rowe Realty Auctions & Appraisal; and (b) You will otherwise comply with the all terms or conditions set forth in these Terms & Conditions.
4.2 Use of the Website.
You accept sole responsibility for all Your activities using the Website, including Your conduct on the Website and any and all content You may submit, post, or share via the Website. You may not use the Website for any unauthorized or illegal purpose. You further agree not to copy, reproduce, or publicly display any content from the Website outside the functions of the Website without first obtaining written permission from Rowe Realty Auctions & Appraisal. You will be responsible for ensuring that You do not violate any laws of Your jurisdiction. You will not upload or transmit viruses, worms, or any other destructive code.
4.3 Bidder Number and Password.
(i) In order to access some features of the Website, you will have to create a Bidder Profile. You should never use someone else’s Bidder Profile without permission. You are responsible for maintaining the security of Your Rowe Realty Auctions & Appraisal Bidder Profile, password and any personal account information or purchase invoices. You are solely responsible and liable for the activity and purchases that occur under Your Bidder Number. You accept sole responsibility for keeping Your password secure. Rowe Realty Auctions & Appraisal will not be held responsible for Your losses caused by any unauthorized use of Your account; furthermore, you may be held liable for the losses to Rowe Realty Auctions & Appraisal or others due to such unauthorized use.
(ii) It is Rowe Realty Auctions & Appraisal sole discretion to accept or decline the instructions of any individual who claims to be authorized to make direct changes to Your Bidder Profile account, so long as such the person presents the appropriate account information. We shall not be responsible for the actions made by any individuals who misuse or misappropriate Your account information or other assets Using Your Bidder number, password, or other appropriate identifying information. If Your Bidder Profile account has been compromised, it is Your responsibility to notify us immediately of any unauthorized use on Your account.
If You would like to participate in our online auctions, you must become a registered bidder and create a bidder profile. You agree to provide true, accurate, current, and complete information about Yourself and/or Your organization, as applicable, as requested during the registration process.
By using the Rowe Realty Auctions & Appraisal Website, you represent and warrant that (a) all registration information is truthful and accurate; (b) You will maintain the accuracy of such information; and (c) You are 18 years of age or older and have full legal capacity to complete such contractual action without need for any additional approval or consents. If You do not qualify, you are not permitted to participate in our online auctions.
6. COMMUNICATION WITH YOU
6.1 Customer Service Contact.
To contact Our Customer Service - please use any of the options listed below:
1. Contact Us by Email: firstname.lastname@example.org
2. Contact Us by Phone: 315 986 9600 during the service hours of 9AM – 6PM (ET), Monday Through Friday.
3. Contact Us by Mail: Rowe Realty Auctions & Appraisal; 4040 West Walworth Rd, Macedon, NY 14502
*Our service hours may be reduced during certain national and/or religious holidays.
6.2 Email Communication.
Rowe Realty Auctions & Appraisal and our affiliates reserve the right to send messages to You to inform You of (a) Your Registration confirmation, Purchase Notification(s) and/or Past Due Notification(s); (b) changes or additions to the Website, the online auctions, the items, or these Terms & Conditions; or (c) any other matter related to the Website, the online auctions, the items, and/or these Terms & Conditions. Further, you consent to receive such emails at the email address You enter into Your Bidder Profile.
6.3 Telephone Communication.
By agreeing to these Terms & Conditions, you acknowledge that we may contact You via telephone (either by a live person, automatic dialer, prerecorded message, or a combination of the foregoing) to discuss the Website, the online auctions, the items, or Your account and consent to such contact. Further, you consent to receive such phone calls at the telephone number(s) You enter into Your Bidder Profile.
6.4 Text Communication.
You may opt-in to receive watchlist and outbid alerts by text message during the registration process or in Your Bidder Profile. By opting-in for this functionality, you consent to receive text messages by automated means from Rowe Realty Auctions & Appraisal Allowing these text alerts is not a condition of purchase. This service is free from Rowe Realty Auctions & Appraisal. However, carrier message and data rates may apply. To take advantage of the Rowe Realty Auctions & Appraisal text messaging alerts, you must have a text messaging-enabled mobile device with a text messaging plan. The number for this device must be entered into the mobile phone text box in Your account information. All mobile carriers are supported.
6.5 Direct Mail Communication.
Rowe Realty Auctions & Appraisal and any/all affiliated companies may send You promotional details for services which We believe may interest You. If at any time you do not wish to receive these communications, please e-mail us at www.digginfordeals.com.
7. WARRANTY OF ITEMS
7.1 Warranty of Items.
(i) All items are sold AS IS, WHERE IS, with NO WARRANTY expressed or implied. All other guarantees of authenticity, expressed or implied, are hereby disclaimed.
(ii) Dimensions given for the item(s) may be approximate measurements.
(iii) CAUTION: Varied equipment may be joined for demonstration purposes. Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please read the descriptions carefully to determine what is included in each lot.
7.2 Physical Condition of Items.
Rowe Realty Auctions & Appraisal does our best to explain both the features and faults of an item within its description. We cannot ensure that our assessment of an item is the same as your assessment; Rowe Realty Auctions & Appraisal assesses the quality and condition of an item as described and stated by using the following “Standard Physical Condition Glossary”:
New In Box: The item has never been open or used and is still sealed in original packaging.
Excellent (Like New): In unused, or like unused condition; some items may have been used but cared for so well that they appear unused.
Very Good: In slightly used condition; only very minor imperfections, which are only visible upon close inspection. These imperfections may not be mentioned in the description of the item because they are so minute.
Good: Some signs of wear; may have some visible minor flaws, which are noted in description of the item, but in overall good condition.
Fair: Visible problem(s); may be chipped, cracked, scudded, or stained but still functional.
Poor: Damaged or heavily used. We suggest an upcycle, repurpose, or restoration project.
7.3 Working Condition of Items.
Rowe Realty Auctions & Appraisal does not guarantee the working order of any clock, watch, electronic, or mechanical device.
The sole purpose of a Preview is to give You the opportunity to see the item(s) in person before placing a bid. Previews will occur at the sole discretion of Rowe Realty Auction & Appraisal, and times and availability will vary. Refer to the Auction Details section for preview availability. Please contact Rowe Realty Auctions & Appraisal should you have any questions or concerns about items in an online auction.
7.5 Changes in Circumstances.
All aspects of an online auction are subject to change without prior notice. Rowe Realty Auctions & Appraisal reserves the right to (a) add or remove items from an online auction; (b) split or combine lots; (c) make changes to the online auction ending times, preview date and/or time, or pick-up date and/or time; (d) cancel, suspend, extend, or reschedule an individual item and/or online auction event; or (e) take any other action Rowe Realty Auctions & Appraisal deems necessary to affect the fair conduct of a sale.
8. BIDDING INSTRUCTIONS
8.1 Binding Offer.
Placing a bid constitutes a binding offer between You the Bidder and the Owner/Seller that cannot be rescinded or retracted. If the bid is accepted, you are contractually obligated to buy the merchandise at the price stated as Your bid, as well as pay all other applicable taxes and fees.
IT IS IMPORTANT THAT YOU FAMILIARIZE YOURSELF WITH THESE TERMS & CONDITIONS AND ALL OF THE AUCTION DETAILS FOR THE ITEMS IN WHICH YOU ARE INTERESTED PRIOR TO BIDDING. ALSO, PLEASE ENSURE THAT THE AUCTION PICK-UP DATE AND TIME WORKS WITHIN YOUR SCHEDULE BEFORE BIDDING. You can bid prior to the auction end time or bid while the auction is in the progress of closing. Rowe Realty Auctions & Appraisal cannot guarantee that You will be the winner of any item.
8.3 Placing a Bid.
You can place bids in two ways: (1) manually by entering a standard bid using the My Bid function, then clicking the "Place Bid" button for each lot You would like to place a bid and/or (2) by using the Max Bid function. The max bid function is a feature that bids on a lot automatically for You even when You are not online or logged in, up to the dollar amount entered. You can read more about the Max Bid function and how all other bidding features operate in the "Buying" and “Glossary” sections of this Website.
8.4 Bid Increments.
When placing a bid, bidding must increase by the following specified increments:
>$50 – $1000
>$1000 – $10,000
>$10,000 – $100,000
8.5 Bidding Records.
Should a bid be placed within the last five minutes of a lot’s ending time, the ending time will automatically be extended to one minute from the time that bid is placed. The timer will continue to extend in the same manner until the bidding activity has stopped. An item closes when the timer on the lot hits zero. The winning bidder of an item is the last Bidder the bid history recorded before the timer hits zero.
8.6 Bid Notifications.
(i) Outbid Alerts can be enabled or disabled in Your Bidder Profile. Outbid notifications can be received via email, text message or both methods. The notifications are sent until the lot is closed.
(ii) Purchase Notifications are automated alerts to Winning Bidders via EMAIL ONLY after all lots for the auction have closed. This email can never be disabled or unsubscribed. It will detail the date, time, location, and Bidder notes for the auction pick-up of Your winning items. It also serves as a helpful gateway to pay for Your purchase invoice online via credit card. If You feel You have won an item(s) and You have not yet received a Purchase Notification, please check Your SPAM/JUNK email folder. Should You need Your notification resent, please contact the Auction Manager. Please be aware that once the auction pick-up time has ended, we will no longer be able to send purchase notifications.
8.7 Bidding Errors.
With each bid placed, you are asked to confirm the bid amount entered. Should a mistake be made before the time the auction’s bidding is scheduled to end; You may request to have Your error corrected. Rowe Realty Auctions & Appraisal will have sole discretion over how or if this error will be corrected. Please submit Your request immediately through our Contact Us page or by calling customer service at 315 986 9600. However, if the mistake is made while the auction is closing, the bid will stand as entered.
TIMELINESS OF BIDDING ERROR REPORTS - BIDS CANNOT BE REVERSED AFTER THE AUCTION HAS CLOSED – NO EXCEPTIONS WILL BE PERMITTED.
9.1 Payment Types.
Rowe Realty Auctions & Appraisal accepts cash (USD), personal checks ($500 maximum), or VISA®, MasterCard®, Discover®, and American Express® as acceptable payment for items purchased. You may be required to present current identification (such as a valid driver’s license or state ID) at time of pick-up. Rowe Realty Auctions & Appraisal accepts cash payments in USD only. Items will not leave the auction premises until payment, including all applicable taxes and/or fees, has been made in full. Payment type restrictions for an entire auction or an individual item may apply; please read the Auction Details for additional terms.
9.2 Check Payment Restrictions.
Personal checks must be made payable to the affiliate. Personal checks will only be accepted if under the amount of $500.00 USD. Exceptions will be at the sole discretion of Rowe Realty Auctions & Appraisal and/or affiliate. Rowe Realty Auctions & Appraisal and our affiliate companies have the right to assess a fee of $35 on all returned checks.
9.3 Buyers Premium & Sales Tax.
If You are the successful Bidder, you agree to pay the amount of Your bid plus the applicable buyer’s premium and any applicable state and local sales taxes.
9.4 Tax Exempt.
If You are a tax exempt Bidder, it is Your obligation to go to Your Bidder Profile and fill in Your tax exempt number. You will be contacted by Customer Service with further instructions to complete the tax exempt process.
9.5 Payment Instructions.
Payment must be made in full by the end of the stated auction pick-up time. You may pay for Your invoices in three ways: (1) via the Online Checkout, (2) in person at the auction pick-up, or (3) via telephone with the Rowe Realty Auctions & Appraisal representative.
Payment via the Online Checkout: Should You choose to pay through the Online Checkout, you can access the system from Your Bidder Dashboard. Click “View” to select and view an Unpaid Invoice and then click “Pay Online”. To start the checkout process, select Your pick-up option from the drop-down menu: (a) Pick-up at the auction location; (b) Transfer items for an Alternate Pick-up location and/or time; (c) Ship Your items; (d) Donate/Forfeit Your items. Once You submit Your payment, you will receive Your payment confirmation. Please note that not all pickup options will be applicable for every auction and/or item.
9.5.i Payment via the Online Checkout is restricted to the acceptable credit card payment types.
9.5.2 Payment in Person: Paying in person at the auction location allows for all forms of payment types outlined in the payment terms.
9.5.3 Payment over the Phone: Payments called in to the auction manager are restricted to the acceptable credit card payment types. Please note that a representative may not be available to take phone payments in a timely manner. When possible, please remit Your payment before the scheduled pickup time starts or by using the Online Checkout.
9.6 Liability Regarding Purchases.
Once the item(s) have been paid for by any means, you assume full risk and responsibility for the purchased item(s) unless otherwise noted as donated/forfeited.
YOU AGREE THAT ROWE REALTY AUCTIONS & APPRAISAL SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE MERCHANDISE BY YOU OR ANY OTHER PERSON FOLLOWING POSSESSION OF THE PURCHASED ITEM(S). IN NO EVENT SHALL ROWE REALTY AUCTIONS & APPRAISAL BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
9.7 Failure to Remit Payment.
Any items not paid for in accordance with the Rowe Realty Auctions & Appraisal Terms and Conditions will be forfeited by You and shall be deemed a breach of this Agreement. Rowe Realty Auctions & Appraisal may, in its sole and absolute discretion, resell the items or donate the items to a charity of Rowe Realty Auctions & Appraisal or the affiliate’s choosing. Any default in payment will be subject to interest and collection fees. Rowe Realty Auctions & Appraisal and/or affiliates reserve the right to report your account to collections for the combined total of the original invoice amount and any moving or disposal charges. Your bidding privileges may be in jeopardy if You fail to remit payment for an invoice issued. You are also advised that Rowe Realty Auctions & Appraisal and/or its affiliates may aggressively enforce its rights to the fullest extent of the law, including civil and/or criminal prosecution.
10. Pick-Up, Transfer, Shipping, and Donation Policies
10.1 Pick-up Policies.
You must pick up your merchandise at the specified auction location during the scheduled pick-up time. Refer to Your purchase notification for specific pick-up instructions. Any item NOT picked up by the set time will be considered abandoned unless separate accommodations have been made with the Rowe Realty Auctions & Appraisal prior to the pickup start time.
Removal shall be at the expense, liability, and risk of the purchaser. You are responsible for bringing Your own boxes and/or packing materials, and/or moving equipment and/or any tools necessary to disassemble and safely remove items without assistance from the Rowe Realty Auctions & Appraisal team on site.
Purchases will be released upon Your payment made in full of the entire invoice balance due.
If You are sending movers or anyone else on Your behalf to pick up Your items, please insure that they have the full payment due upon arrival or a “PAID” receipt at the pickup location. Otherwise, no items will be released.
10.2 Alternate (Transfer) Pick-up Policies.
Not every online auction will have an alternate pick-up option available. Please read the Auction Details for a description of when and where the alternate pick-up is scheduled. Each item within an online auction that offers an alternate pick-up is subject to availability. If an item is available to be transferred to the alternate pick-up, it will be noted in the Item Details with a fee associated to transfer the item. If You are the successful bidder of the item, the transfer fee associated with the item will be added to Your invoice. Payment for the item and all fees associated with the transfer must be paid in full prior to the item(s) being transferred.
10.3 Shipping Policies.
Shipping availability for an item is stated in its Item Details. To request shipping, You may either (1) Contact Rowe Realty Auctions & Appraisal directly, or (2) Simply note “shipping” as Your pick-up option while submitting Your payment through the Online Checkout. The Rowe Realty Auctions & Appraisal affiliate will use reasonable efforts to provide a shipping quote within 24 hours. Payment for your shipping quote must be made in full before items will be shipped. Rowe Realty Auctions & Appraisal assumes no liability for any damages to item(s) that may occur during the shipping process. Any shipping claims should be made directly with the shipping carrier.
You are also welcome to make Your own arrangements to have Your items picked up and shipped by the agent of your choosing. However, this must take place during the scheduled pick up times and Rowe Realty Auctions & Appraisal must receive payment for your invoice amount prior to releasing your items.
10.4 Donation/Forfeit Policies.
If You are unable to make it to the pick-up location at the specified time, you may choose to Donate/Forfeit Your items without jeopardizing Your bidding privileges. In the Online Checkout, please choose the “donate” pick-up option to pay for Your items and OPT OUT of claiming them. Rowe Realty Auctions & Appraisal has the right to resell, remove, or dispose of the item(s) You choose to donate/forfeit.
Rowe Realty Auctions & Appraisal reserves the right, at its sole and absolute discretion, to permanently terminate Your access to Your account at any time effective immediately, with or without notice, if We determine or suspect You have violated these Terms & Conditions, any laws, or the rights of other users or third parties. In the event of termination by Rowe Realty Auctions & Appraisal in connection with Your breach of these Terms & Conditions, Rowe Realty Auctions & Appraisal may pursue any remedy that may be available, at law or in equity, with respect to such breach. Regardless of the reason for any termination, you agree that if Rowe Realty Auctions & Appraisal, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, Rowe Realty Auctions & Appraisal may cancel all current bids placed, withhold merchandised not picked up, or otherwise retain any and all of Your pending transfers and/or shipped merchandise. Upon a termination You agree to pay Rowe Realty Auctions & Appraisal for all outstanding unpaid invoices through the date of termination.
You agree to indemnify, defend, and hold Rowe Realty Auctions & Appraisal and its members, managers, directors, employees, agents, affiliates, licensors, and other partners (collectively, the "Indemnified Persons") harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys' fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (i) your use of Rowe Realty Auctions & Appraisal website(s) or any of the services offered by Rowe Realty Auctions & Appraisal (ii) any violation of these Terms & Conditions by You or any person acting in collusion with You, (iii) any violation of applicable law or court order by You, and (iv) any negligence or willful misconduct by You.
13. Events Beyond Control
13.1 Interruption of Service.
Rowe Realty Auctions & Appraisal shall not be 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 Website. With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. You acknowledge that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. In the event of any malfunction relating to the Website, We, in our sole discretion, may void any sale, temporarily suspend bidding and/or re-sell any item/lot affected by any malfunction. The decision of Rowe Realty Auctions & Appraisal shall be final.
13.2 Temporarily Suspended Auctions or Lots.
When an online auction or lot needs to be temporarily suspended, the current bidding price and the current highest Bidder will be recorded. Temporarily suspended auctions and lots will be clearly indicated when applicable.
13.3 Liability Regarding Unforeseeable Events.
Under no circumstances shall Rowe Realty Auctions & Appraisal be held liable for any delay or failure in this Website and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Rowe Realty Auctions & Appraisal. This includes, but not limited to, any third party associated with Rowe Realty Auctions & Appraisal or the services provided by Rowe Realty Auctions & Appraisal.
The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on the Website belong to Rowe Realty Auctions & Appraisal or are used with permission. Nothing contained on this Website should be construed as granting any license or right to use any Trademark displayed on this Website. Your use/misuse of the Trademarks displayed on this Website, or any other content on this Website, except as provided in these Terms & Conditions, is strictly prohibited. You are also advised that Rowe Realty Auctions & Appraisal will aggressively enforce its intellectual property rights to the fullest extent of the law.
15.1 Established Affiliates.
Rowe Realty Auctions & Appraisal may, from time to time, give general guidance to its affiliates, in the daily operation of its business affairs and assist in marketing through the use of its website www.digginfordeals.com. However, each Affiliate remains its own separate entity and is independently owned and operated.
16. Governing Law
16.1 Governing Law.
These Terms & Conditions and their interpretation shall be governed by the laws of the state of New York. Any suit relating to these Terms & Conditions shall be brought to the Court in the county in which the auction is conducted. Any controversy or claim arising from or relating to these Terms & Conditions, or breach thereof, shall be settled through the America Arbitration Association or any substantially similar association in the appropriate jurisdiction, and judgement on the decision rendered by the arbitrator, may be entered in any court having jurisdiction therefor. In any litigation, arbitration, or other legal proceeding which may arise between any of the parties hereto, the prevailing party shall be entitled to recover its costs and expenses, including costs and expenses of arbitration, court costs, and expenses incurred on appeal, and reasonable attorneys’ fees incurred in any dispute through arbitration and appeal of and final judgement in addition to any relief to which such party may be entitled.
Macedon, New York 14502
Pick up after payment or Buyer pays Shipping. We change fair rate for shipping; No lot charge.
Original collection of 50+ years. Owner sells sell, sell sell! Antique and Vintage Lionel, American Flyer Trains, Shioji Car, Motor City, Danbury and Franklin Mind Diecast Cars, Yorkshire Co Replicas, Dept 56/Heritage Originals. In boxes, sleeves. Buyer's Premium is 15% of Sale Price. Name your price; you'll WIN!