Lot #33 33. Static Penguin Commando ### BATMAN RETURNS (1992)

3.1.1. Every person or Company wishing to make a bid in the Auction is required to register with Propstore before participating at an Auction.

3.1.2. To register, each person or Company must complete and return a bidder registration form available in this Buyer’s Guide or online at www.propstore.com, which must include a valid Visa, MasterCard or American Express credit card details to be held on file.

3.1.3. Each Company registering to bid must provide a certified copy or original articles of incorporation, articles of organization, or other documents satisfactory to Propstore – contact Propstore at +1 818 727 7829 for confirmation of what will be acceptable.

3.1.4. Any person seeking to participate in the Auction as an agent on behalf of a registered principal must complete and submit an Agent Information Form, and provide an up-to-date, valid government-issued photo identification (e.g., passport, driver’s license), as well as a written authorization from the principal confirming the agent’s authority to participate at the Auction on the principal’s behalf.

3.1.5. Propstore will hold all personal information provided by the Bidder at registration and the Bidder agrees and consents to such information being used by Propstore to:

3.1.6. By participating in and/or attending the Auction and signing the registration form, each Bidder consents to be filmed and/or photographed and agrees and authorizes Propstore to use and publish such film and/or photographs and likeness for use in (1) providing online access to the Auction, (2) recording the results of the Auction, (3) print, digital, online and all other media for marketing purposes (including without limitation, on Propstore’s website, YouTube and other online platforms) and (4) in any other Propstore publications of whatever nature. The Bidder releases Propstore and holds it harmless from any reasonable expectation of confidentiality or privacy associated with such images and releases Propstore and any third parties involved in the making, creation or publication of the images or any marketing or other materials derived therefrom from all and any liability for claims made in respect of such publication. Publication of the images in whatever format confers no right of ownership on the individual or right to royalties or payment.

3.2.1. During the Pre-Auction Viewing period, as set forth in the Auction catalog, any Bidder may preview Lots with Propstore. Viewing by appointment may also be possible outside of the Pre-Auction Viewing period.

3.3.1. At Bidder ’s request, without any liability therefore, Propstore can provide shipping estimates before the Auction. Bidders requesting this information should email support@ propstore.com including the Lot number and shipping address at least 3 days before the start of the Auction. Real-time shipping estimates are also available on many lots through the online bidding platform. Bidders should be aware that oversize lots may be expensive to ship and inquire for a quote before bidding on these items. Estimates are provided as a courtesy to bidders, cannot be guaranteed, and in all cases, Buyer will be responsible for associated shipping costs as per section 5.3 of the Terms and Conditions. Winning bids are legally binding and must be paid regardless of final shipping expenses.

3.4.1. If the Bidder is located outside the United States, it is the Bidder’s sole responsibility and obligation to ensure in advance of the Auction that any Lot purchased in the Auction can be exported from the United States and imported into the country of destination. No sale will be canceled because the Lot may not be imported into the country of destination. PackAir Airfreight, Inc., a third-party independent freight vendor, can advise Bidders on relevant export licensing regulations and may submit export license applications upon request. Neither Propstore nor PackAir Freight, Inc. can guarantee that any licenses, permits or consents will be granted, and shall have no liability arising out of or relating thereto.

4.1.1. Estimates represent Propstore’s guide to Bidders and do not give any indication or representation of actual values or likely bids. Estimates do not include any Buyer’s Premium, Buyer's Expenses or sales tax.

4.1.2. Propstore reserves the right to amend its estimates from time to time.

4.2.1. Certain Lots in this auction may be sold without a Reserve Price; the majority of Lots in this auction are sold with a Reserve Price. The Reserve Price is the minimum price the Seller will accept for a Lot. The Reserve Price will not be more than the lowest estimate given by Propstore. Propstore may disclose or keep confidential the Reserve Price at its entire discretion.

4.3.1. Propstore reserves the right to refuse admission and/or participation at the Auction and to reject any bid.

4.3.2. Bids may not be accepted from unregistered bidders and all Bidders must be 18 or over. All bids must be made in US dollars.

4.3.3. When making a bid, every Bidder acknowledges that such bid is a binding offer to buy the Lot at that price (plus the Buyer’s Premium, plus any applicable Buyer's Expenses, applicable Credit Card / Debit Card Fee, all applicable taxes, and any and all shipping charges, storage fees and/or other costs).

4.3.4. All bids are by individual Lot unless the auctioneer states to the contrary during the live Auction. Lots will usually be sold in their numbered sequence, unless the auctioneer announces otherwise at the Auction.

4.3.5. The auctioneer may accept bids from Bidders present in the sale room, via telephone, or via online at the time of the Auction. The auctioneer may also accept proxy or absentee bids delivered to Propstore before the start of the Auction. Proxy or absentee bids must be submitted either by using the form in the Buyer’s Guide or the online form at www. propstore.com. Proxy or absentee bids will be executed at the lowest possible price. If Propstore receives proxy or absentee bids on a particular Lot for identical maximum bids, and at the Auction these are the highest bids on the Lot, it will be sold to the Bidder whose written bid was first received by Propstore.

4.3.6. Any Bidder wishing to place bids at the time of the Auction via telephone must provide to Propstore a list of Lots on which they intend to bid at least 24 hours before the start of the Auction.

4.3.7. In addition to Propstore’s Conditions, any Bidder placing bids online must comply with the terms for use of the online auction platform access provider.

4.3.8. Except as expressly stated in the Buyer’s Guide or the Conditions, Propstore shall have no liability arising out of or related to any errors or omission in respect of bids made online, by telephone or by proxy.

4.3.9. The Auction will be tracked on a video or digital screen, which may display, among other things, a photograph of the Lot offered for sale and the then-current bid. Bidders understand and agree that errors may occur in its operation and, except as expressly stated in the Buyer’s Guide or these Conditions, Propstore shall have no liability arising out of or related to any errors or omission in respect thereto.

4.4.1. The auctioneer has the right to exercise reasonable discretion in refusing any bid, advancing the bidding in such a manner as he or she may decide, dividing any Lot, combining any two or more Lots and, in the case of error or dispute, and whether during or after the sale, determining the successful Buyer, continuing the bidding, cancelling the sale or reoffering and reselling the Lot in dispute. If any dispute arises after the sale, then, in the absence of any evidence to the contrary the sale record maintained by the auctioneer will be conclusive.

4.4.2. The auctioneer shall have sole discretion to accept or decline any bid.

4.4.3. Subject to the auctioneer’s reasonable discretion, the Bidder placing the highest bid accepted by the auctioneer will be the Buyer and the striking of his hammer marks the acceptance of the highest bid and the conclusion of a contract for sale between the Seller and the Buyer. Each Bidder understands and agrees that Propstore, as auctioneer, is not a party to any contract for sale that results from the Auction. Risk and responsibility for the Lot (including frames or glass where relevant) passes to the Buyer upon the fall of the hammer and the Buyer should arrange insurance cover for the Lot if required.

5.1.1. Propstore will notify the Buyer and send (by email unless requested otherwise) a payment invoice setting out the Purchase Price and itemizing the Hammer Price, the Buyer’s Premium, plus any applicable Buyer’s Expenses, applicable Credit Card / Debit Card Fee, or sales tax, within 7 business days of the end of the Auction. Sales tax, as required by law, shall be applied at the state’s prevailing rate where Propstore is obligated to charge sales tax. Please see the Sales Tax Quick Reference Guide at the end of these Terms and Conditions for additional information.

5.1.2. Unless you have been approved for a payment plan as set forth in Paragraph 5.1(c) of the Terms and Conditions of Sale, payment of the invoice is due within 7 business days from receipt of the invoice and must be made by the Buyer

5.1.3. Payment plans may be available in increments of up to three (3) months for purchases where total Hammer Price and Buyer’s Premium are greater than $2,000. Purchases where total Hammer Price and Buyer’s Premium are less than $2,000 are not eligible for a payment plan; buyers paying via Cryptocurrency are also not eligible for a payment plan. Payment plan may not be available for all Lots; Lots where payment plan is not applicable will be identified in their description. Buyers wishing to utilize the payment plan service, if approved by Propstore, shall be required to pay a deposit of 20% of the Purchase Price (the “Deposit”), within 7 calendar days of being invoiced. The balance of the Purchase Price shall then be split over 1, 2 or 3 months, at the Buyer’s option. The payments of the remaining balance shall be made as follows:

5.1.4. Propstore offers no grace period on payment plan deadlines. If the Buyer does not adhere to payment deadline as set forth above, the Buyer shall be deemed to be in default. In the event of default all funds already paid to Propstore shall be retained by Propstore as liquidated damages. Moreover, Propstore and/ or the Seller shall also be entitled to any other remedies available, whether in law or equity.

5.1.5. No title to any Property shall pass to the Buyer except upon payment in full of the Purchase Price, and any and all other sums due to Propstore and/or the Seller, even in circumstances where Propstore has released the Lot to the Buyer. Among other remedies available to Propstore and the Seller for failure to render full payment of the Purchase Price, Propstore and/or the Seller shall be entitled to immediate possession of the Lot purchased by the Buyer, if delivered to the Buyer.

5.1.6. Propstore vouchers and other discount codes are not valid as payment for auction items.

5.1.7. Only the memorabilia item(s) shown in the photos of a given product listing is included in the sale. Mannequins, display stands, and scale measures are not included with your purchase, unless expressly stated in the product description.

5.1.8. The Buyer agrees that Propstore will charge the credit card provided at registration for all items purchased at auction, and any future Propstore auctions in which the Buyer participates if not paid within 7 calendar days after invoicing.

5.1.9. The Buyer shall be charged in US Dollars for the Purchase Price.

5.1.10. Payment must be in US dollars and may be made by electronic transfer, debit card, credit card (up to a maximum of $25,000), bankers draft or check (drawn on a US bank account – note check clearance can take between 5 and 10 working days), or cash (up to a maximum of $5,000). Please quote the Lot number, invoice number and Bidder registration number when making payment to ensure it can be processed as efficiently as possible.

5.1.11. If payment is made by credit card, the Buyer expressly agrees that such payment is nonrefundable nor may be credited to any other purchase, and that the Buyer will not undertake any action or effort to stop payment, seek a refund, or attempt a charge back of such amounts by the issuer of the credit card.

5.1.12. Cryptocurrency payments are accepted via our payment processor (Bitpay), as indicated at checkout. You must pay for the entire balance owed including the Purchase Price and any other relevant charges entirely in one form of Cryptocurrency and you should ensure you have a sufficient balance to pay for all sums owed. We do not accept partial payment by Cryptocurrency and a different form of payment in one transaction. Cryptocurrency payment is only acceptable on the express understanding that the Lot is not returnable, refundable nor exchangeable. Buyers paying with Cryptocurrency are also not eligible to use payment plans. We reserve the right to exclude the use of payment by Cryptocurrency on certain Lots, such exclusion to be noted on the listing.

5.2.1. Failure to timely make payment of any amounts due to Propstore and/or the Seller shall constitute an event of Default by the Buyer. In the event of Default for nonpayment, Propstore may charge interest on the unpaid amount at the rate of 5% a year above the base lending rate of Bank of America from time to time. The base lending rate shall be the average lending rate of Bank of America for the 6 months preceding the date of default. If such interest rate exceeds the legal rate permitted by law, then the maximum legal rate permitted by law shall apply. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount. The Buyer must pay Propstore interest together with any overdue amount.

5.2.2. If any applicable conditions herein are not complied with (to a material extent), the Buyer will be in Default and in addition to any and all other remedies available to Propstore by law, including, without limitation, the right to hold the Buyer liable for the total Purchase Price, including all fees, charges and expenses more fully set forth herein, and as set forth in paragraph 4.2(a) herein, Propstore, at its option and to the extent permitted by law, may (i) cancel the sale of that, or any other items sold to the defaulting Buyer, retaining as liquidated damages all payments made by the Buyer, (ii) resell the purchased item, or (iii) effect any combination thereof. In any case, the Buyer shall be liable for any deficiency, any and all costs, handling charges, late charges, expenses of both sales, legal fees and expenses, collection fees and incidental damages.

5.2.3. Propstore may, in its sole discretion, apply any proceeds of sale then due or thereafter becoming due to the Buyer from Propstore or any affiliated company, or any payment made by the Buyer to Propstore or any affiliated company, where or not intended to reduce the Buyer’s obligations with respect to the unpaid item or items, to the deficiency and any other amounts due to Propstore or any affiliated companies. In addition, a defaulting Buyer will be deemed to have granted and assigned to Propstore and its affiliated companies, a continuing security interest of first priority in any property or money owing to such Buyer in our possession or in the possession of any of its affiliated companies, and Propstore may retain and apply such property or money as collateral security for the obligations due to Propstore or to any affiliated company. Payment will not be deemed to have been made in full until Propstore has collected good funds.

5.2.4. Propstore may further reject at any future auction any bids made by or on behalf of the Buyer or to require a deposit from the Buyer before accepting any further bids;

5.2.5. Propstore may take such other action as Propstore deems necessary or appropriate.

5.2.6. At its option, Propstore may pay the Seller the entirety of the balance due from the Buyer. If Propstore pays such amount to the Seller, the Buyer acknowledges and agrees that Propstore shall have all of the rights of the Seller against the Buyer.

5.2.7. Propstore shall be entitled to retain Lots sold until all amounts due have been received in full in good cleared funds or until the Buyer has performed any other outstanding obligations as Propstore shall reasonably require.

5.2.8. Propstore shall be entitled to release the name and address of the Buyer to the Seller to enable the Seller to commence legal proceedings to recover the amounts due and legal costs. Propstore will take reasonable steps to notify the Buyer prior to releasing such details to the Seller.

5.3.1. The Buyer is solely responsible for all shipping, handling, and delivery costs. Propstore can help you arrange packing and shipping through FedEx or USPS for smaller items or PackAir AirFreight, Inc. for larger items, or you can use your own licensed carrier, approved by Propstore. Please contact Propstore at +1 818 727 7829 for further details. Propstore does not warranty the Lots against and shall have no liability for any damage that any Lot may incur or suffer during the shipping or delivery process. Propstore offers insurance for shipments in transit at an additional charge; buyers will have an option to select this when finalizing your purchase after auction.

5.3.2. After 30 days after close of Auction, if Buyer has not made arrangements for and paid the shipping cost of the Lots purchased, or has otherwise failed to collect the Lots, Propstore may impose a storage fee of 3% of the Hammer Price per month to be charged to the Buyer.

5.3.3. It is the Buyer’s sole obligation and responsibility to be aware of, to comply with, and to pay for all relevant import duties, taxes, VAT, customs and other fees charged in the area of delivery. Propstore will ship all packages with the full value of the Lot declared. The Buyer understands and agrees that Propstore shall have no obligation or responsibility for any import duties, taxes, VAT, customs, shipping or other charges for the Lots shipped. Failure by the Buyer to pay all necessary amounts may result in the relevant authorities returning the Lot to Propstore and in those circumstances the Buyer will be charged and will pay storage cost and Propstore’s additional reasonable costs and expenses.

5.3.4. It is further the Buyer’s sole obligation and responsibility to ensure that any Lot purchased from Propstore enters the shipping location lawfully, that all duties and taxes have been paid and that all required export procedures, regulations, and laws were properly complied with. The Buyer understands and agrees that Propstore shall have no obligation or responsibility for complying with any export procedures, regulations, or laws applicable to the Lot.

5.3.5. Unless otherwise agreed by Propstore in writing, the fact that the Buyer wishes to apply for an export license does not affect or postpone the Buyer’s obligation to make payment in accordance with Propstore’s payment terms nor Propstore’s right to charge interest or storage charges on late payment. Propstore shall not be obligated to rescind or cancel a sale nor to refund any monies paid by the Buyer to Propstore as a result of or related to the Buyer’s failure or inability to obtain an export license.

5.3.6. Should the Buyer make own arrangements with third parties for shipping, handling, or delivery of any Lots, Propstore shall have and accepts no liability or responsibility for the acts or omissions of any such third parties. Similarly, where Propstore suggests other handlers, packers or carriers, its suggestions are made on the basis of its general experience of such parties in the past. Although Propstore shall use reasonable efforts to take care when selecting third parties for shipping and delivery, and the Buyer understands and agrees that Propstore is not responsible to any person to whom it has made a recommendation for the acts or omissions of the third party concerned.

5.4.1. Except where expressly stated to the contrary above, under no circumstance will Propstore incur liability to any Bidder or Buyer in excess of the purchase price actually paid.

5.4.2. Propstore will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Conditions that is caused by an event outside its control, that being any act or event beyond Propstore’s reasonable control, including without limitation strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. Propstore’s obligations shall be suspended and time for performance extended until such time as the event outside its control is over, following which a new collection or shipping date can be agreed.