Smith House Toy and Auction Company

Terms and Conditions of Sale

In order to Register and Bid on-line,
you must read and agree to the following terms

Terms and Conditions of Sale

By submitting bids in this auction, whether it be by internet bidding, telephone, fax, email, mail or any other method, you agree to the Terms and Conditions of Sale as follows:

1. BIDDING: Each item has a minimum bid (last entry in the description). You may bid as much as you want over the minimum bid. You may bid via any or all of the methods below. End of Auction date appears on the front cover of the catalog. All times given are eastern times (ET).

A. BY MAIL: Use the mail bid form enclosed. Please call if you would like your bids confirmed.

B. BY TELEPHONE: Whether or not you have sent in a mail bid, you must raise the latest high bid by at least the increments stated in 1F.

C. BY E-MAIL: The e-mail address for BIDDING ONLY is You may start bidding upon receipt of the catalog or posting of the auction on the website. E-mails will be treated as telephone bids. To confirm, please call or check your bid page on the website.

D. BY WEBSITE: An on-line catalog with starting and current bids will be posted on the website approximately two weeks prior to the end of the auction. Bidding may start as soon as the catalog is posted. Website bidding instructions will be available there. For on-line bidding, you must pre-register to receive a bidder ID and password. Any questions, please call or e-mail us at prior to the last day of the auction. It is the responsibility of each bidder to verify correctness of bids.


Bid RangeIncrementBid RangeIncrement
Up To $200$10$201-500$20
$10,001 and up$1000


G. SMITH HOUSE reserves the right to reject any and all bids from any customer at any time without restrictions.

H. REGISTRATION: You must pre-register with Smith House to obtain a bidder ID prior to the last day of the auction. We will require a credit card number or three auction house references. New bidder registrations for foreign bidders must be accompanied by a credit card number. If you have previously registered and were approved you do not need to register again. If you have not previously registered call our office or register online at

I. MAX BIDS/CALL BACKS: Maximum bids and callbacks are available. For callbacks, items must have a current or maximum bid of at least $1000 and you must be the high bidder. Callbacks begin the last night of the auction at 9 AM EST.

J. BIDDING LAST DAY INSTRUCTIONS: Beginning at 9 AM EST, bidding will continue in 5 minute intervals until no bids are received within the 5 minute interval. If a bid is placed, the auction is extended for an additional 5 minutes. When a 5 minute interval passes with no bids the auction is over. Example: We receive a bid at 10:05 AM and if no additional bids are received by 10:10 AM, the auction is over. Internet bids as well as phone bids will be monitored.

K. SMITH HOUSE reserves the right to withdraw any lot at any time prior to the end of the auction and assumes no liability for such withdrawal.

L. Mail/phone/internet bids will be executed as a convenience to customers, but Smith House will not be held responsible for any failures, errors or omissions in the execution of such bids. All bids must be submitted within the guidelines of the bidding instructions.

M. A buyers premium of 21% will be added to each winning bid. The premium will be discounted to 17% for those who pay by cash, check or money order within 7 days. The full 21% premium will be added for those paying by Mastercard or Visa.

2. HIGH BIDDERS: Electronic invoices will be sent to those who provide an e-mail address. Hard copies will be mailed upon request only. Packing, shipping and insurance charges are the responsibility of the buyer. Payment may be made by cash, check, money order, Visa or MasterCard. Full payment is due within 7 days of the final day of the auction. State sales tax will be charged to residents of Pennsylvania unless a valid tax exemption or resale certificate number is provided. Out of state bidders picking up their items will be subject to the 6% sales tax...NOTE: All bids are contractual obligations. Bidders are obligated to honor their bids as contracts to buy the items involved. Invoices overdue by 14 days or longer will be submitted to an independent collection agency and result in additional liability for processing charges and/or legal fees. In addition, Smith House reserves the right to re-sell any or all merchandise with an unpaid balance after 30 days with the bidder responsible for any losses incurred. Bidders with invoices overdue by 14 days or longer will also permanently lose bidding privileges with Smith House.

3. SHIPPING: Items will be shipped after full receipt of payment. Items paid by check will not be shipped until the check clears.. We take much care in packaging items. Should an item be damaged in shipment, you must notify us within 48 hours of receiving the item. ALL packaging must be saved. Smith House will not accept any liability if these instructions are not followed. Large items such as pedal cars will be shipped via specialty carriers. The actual charges will be invoiced by the carrier directly to the winning bidder.

4. GUARANTEES: All items are guaranteed as described. Items are complete, original and working unless otherwise noted in the descriptions. If you are not satisfied with an item due to a description error on our part you must contact us within 3 days of receipt. We will not accept any returns beyond this time period. We cannot guarantee that we will supply keys for windup toys. For your protection, we have examined all items carefully to ensure originality. If there is a hint of other than factory touchup we will subject the item to a black-light test and will not include it in the auction or we will note the problem in the item description.

5. RETURNS: We will not accept returns for the following:

A. BATTERY TOYS: We test all BO toys prior to shipment. On occasion, due to shipment, they stop working. Return the toy and we will do what is necessary to ensure that the toy works properly without causing the toy to be degraded.

B. WATCHES: Have been checked for function, but due to original design unreliability, are not returnable if not working.

C. TOYS MADE IN JAPAN WITH TOUCHUP: Many of these toys had touchup performed at the factory as they were manufactured.

D.SPARKING TOYS: It is common for original flints to deteriorate with age and therefore not work anymore.

E. TURNOVER TYPE TOYS: Due to design of many of these toys, the mechanisms may be too weak to work.

F. BOXES: Please note the box CONDITION CODES. If you have any questions please contact us and we will review the box condition in detail.

G. COLOR VARIATIONS: As with most color catalogs and internet pictures, the actual color may vary from the photo or computer image.

H. CONDITION RATING: Returns will not be accepted for any item with less than a C8 rating for any reason.


J. ANY RC (remote control) or BOR (battery operated remote control) TOYS.

6. PRICES REALIZED: Prices realized will be posted on the website. If you wish to receive a hard copy please call our office.

7. ABBREVIATIONS: WU-windup, FR-friction, BO-battery operated, BOR-battery operated remote control, RC-remote control, CI-cast iron, DC-die cast, PL-plastic, PS-pressed steel, SM-sheet metal, WS-wingspan, WDE-Disney prewar, WDP-Disney postwar, HBP-Hanna Barbara Productions, KFS-King Features Syn., O/B-with original box, O/C-with original card, O/P-with original package




Note: If flaps are torn or missing it will be noted for grades "E" and above only.

9. SCHEDULE: Should there be a failure affecting the bidding process, Smith House reserves the right to reschedule the auction-end date to the first Friday following the original scheduled end-date.

When you Accept the terms of the Auction, you will be taken to the Registration Page. You need only register once.

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