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Auction Rules  
     
 


The Process

Here is where you can sell or purchase scale model cars and automobiles. The last 5 bids are posted. When an auction is concluded, the auctioned replica is sold to the person submitting the highest accepted bid. An exception is when the highest bid is less than the minimum acceptable bid set by the seller. Settlement should occur within 5 business days.

Sellers

Sellers submit a brief, but specific description of the replica or replicas they wish to auction. Sellers use either the Post Items drop-down menu at the top of this section or the Sell Your Items portion of the MAIN AUCTION PAGE to select the appropriate scale page they will use to enter their information. They also may specify a minimum bid, (also known as the Reserve) below which they will not sell the replica. Every replica that is accepted will be auctioned according to a schedule we prepare. When the auction for each replica ends, the seller makes his own arrangements to transfer the replica to the highest bidder.

Sellers are advised of the buyer's contact information via email. Sellers pay for this service, and should keep this in mind when setting their minimum acceptable bid. The fee is paid only if item sells. Auction Commissions are paid via a charge to the credit card the seller submitted in opening a Seller's Account.

Auction Commission:

Below $20 = $2

$20 - $200 = 10%

Over $200 = 5% of amount above $200


An example: Your item sells for $400. You pay $30 total, which is 10% of the first $200 plus 5% of the remaining $200.

Sellers may provide one digital picture of each item they wish to auction. No image may exceed width of 350, height of 230. This includes borders, which we ask that you put around each image. The images may be either .gif or .jpg.

Sellers can also advertise on their own site the auction of their item(s). Use the URL below, where ITEMNUMBER refers to the number we assign your item.

http://www.diecast.org/diecast98/html/asp/auction/aucitem.asp?ITEMNUMBER

Buyers

Buyers should review the description of items auctioned and decide whether they wish to place a bid higher than the highest posted bid. No bid will be accepted if it is not at least equal to the highest bid plus the minimum bid increment. Buyers should only submit a bid they are willing to execute should that bid prove to be highest when the auction concludes. At the end of each auction, the winning bidder makes his own arrangements to pay for the item.

The winning bidder will be notified by email and provided the seller's contact information.

  

The Exchange

When a Buyer makes a bid, he signifies his ability and intention to purchase the item if his bid is the highest at the close of the auction. Bid retraction is not permitted.

By submitting an item for auction, Seller signifies his ability and intention to sell the item if the winning bid exceeds his stated minimum bid. It is up to the Seller and Buyer to decide upon how the exchange will be transacted. We are not a party to this transaction.

A Buyer's failure to execute the bid within 5 business days means the Seller may at his discretion sell to the next highest bidder.

Each auction concludes at 11:00 pm [Eastern Standard Time] on the End Date Shown unless extended by a qualified bid as described in the FAQs.

  

Why You Shouldn't Renege or Retract

To enforce the validity of the Auction, we have implemented a special rule for those very rare occasions when a Highest Bidder retracts a bid or a Seller reneges on selling to the highest bidder. That party will not be permitted to participate in any Auction for a period of six months.

  

Special Rule for Modifications

All posted items that have been modified in any way for resale shall contain this notice at the end of the description:

"The additions and/or alterations to this vehicle herein described, were made by the seller."

Further, if the model is claimed to be one of a numbered edition, the seller must indicate that:

"This limited edition count is based on the total number of models with additions or alterations that I will sell, and is not based on the original manufacturer's quantitiy which is unlimited [or show total if in fact the edition being modified is in fact limited]."

It is not sufficient disclosure to state that a model bears signage or has had other modifications made to it. The terminology above must appear in each item that fits these categories. We think that this protects both seller and buyer.

    

The Disclaimer - We Didn’t Do It and We Don’t Know Who Did

If you participate in this auction, you are letting us know that you understand and are willing to follow the Auction Rules that you have just finished carefully reading. And you must also agree to all of the stuff that comes next. By the way, the words "sponsors," "we," and "us" refer to Gennera, Knab & Company, Jay Olins, and the Diecast Car Collectors Club.

This auction is offered as a service to that wild and crazy bunch who collect scale model replicas of cars.

Since the sponsors have never seen the stuff being offered here, we sure can't be responsible for it. We do hope that the descriptions provided by the sellers are truthful, but who knows? We aren't going to give you any warranties, either expressed or implied, of the condition of the auction items or of the compliance by participants with the Rules.

If you are selling an item, you are responsible for any consequences of the sale - even bad stuff like someone suing you for some strange reason.

Whether you are bidding or selling, you agree that we are not liable for any losses or damages that happen to you as a result of your participation. And you indemnify us against any damages we face as a result of your participation.

We get to choose which sellers and which items to accept based on our own whims. And accepting an item for listing doesn't mean we guarantee that it is genuine, or in good condition or anything else. It just means that we like the way it sounds, period.

This is a grown-ups site and you must be legally able to be bound by contracts.

Don’t try to list illegal stuff for sale here, we forbid it.

Bidding on your own stuff is against the rules, and so is getting someone else to bid for you.

We will say it again - we just can’t assume one iota of responsibility for the truthfulness or reliability of the listings. Got that?!

Our system is supposed to show the five highest bids on each item, but if it goofs up, that’s the way the cookie crumbles and we can’t be held liable for this. And we won’t keep this information once an item is sold. If you want to keep a record, you’re welcome to copy and paste it into your own computer.

When we declare a winner, that is it. If you sent in a higher bid, and we failed to record it, accept our apologies, but we’re not liable to you or to the seller for the lost opportunity.

We reserve the right to extend bidding deadlines, so don’t put in a bid on the last day and then figure you’re the winner. Check back to see if the bidding is still open.

We respect the right of privacy, so any information you glean about bidders or sellers cannot be used by you for any reason whatsoever.

There are some funny folks out in cyberland, and they don’t always follow the rules. We can’t guarantee that we can screen them out or that we will even be aware of their use of this auction site. The same goes for any false information that some goofball will post on the site.

Sometimes folks list or bid on stuff and then regret it. They may decide not to go through with their promises. We’re in no position to enforce a posted transaction, and so sellers and bidders take all the risks connected with using this service.

You guys and gals must make your own arrangements for payment and shipment. Work out something that makes you both comfortable. We can’t be responsible for assuring shipments or payments.

Sometimes the Diecast Car Collectors Club will sell items from its own hoard of vehicles and if we do, we will clearly identify the fact that we are the seller. And then of course we will be responsible for the accuracy of our descriptions and the shipping of the goods. And if we’re a buyer, then we’ll be responsible for payment.

Computers are wonderful but they aren't infallible. Neither are humans. So mistakes happen, and the sponsors can't guarantee that this site will always be accessible to you or that errors won't occur. We want you to enjoy the auction, but you agree to assume all risks when you use it.

 
     
     

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