Special Terms
I Guaranty that all coins going through these Auctions are Authentic. If you find a coin that is not I will refund the total price of that item. 1. Property Sold As Is Without Warranty or Representation. Bidder acknowledges and agrees that all property is sold "AS IS" - "WHERE IS", and neither Key Date Coin Auctions, Further Known as “KDCA”. Makes any warranties or representations of merchantability or of the correctness of any description or the physical condition, size, quality, rarity, importance, medium, provenance or historical relevance of the property auctioned and sold. All references and descriptions of the property in any auction flier or brochure and any oral statements made by the auctioneer or employees of KDCA are intended for informational purposes only and should not be relied upon as creating, and do not create any warranty or representation by KDCA or any consignor. ALL SALES ARE FINAL!
2. Terms and Provisions Respecting Conduct of the Auction. KDCA and Bidder agree that (a) the highest bidder acknowledged by the auctioneer will be the purchaser of the goods or property; (b) in the event of any dispute between bidders or in the event of doubt on KDCA as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the goods in dispute; (c) the record kept by KDCA of the result of the auction shall be conclusive as to any dispute between bidders or with a bidder which occurs after the sale of goods; (d) some goods or lots may be subject to reserve prices set by either KDCA or the consignor of the goods, which is the confidential minimum price below which such lots will not be sold; (e) the auctioneer may implement such reserve by opening the bidding or continuing the bidding in response to other bidders until reaching the reserve; (f) on the fall of the hammer or by announcement of the auctioneer, title to the offered lot will pass to the highest bidder acknowledged by the auctioneer; (g) KDCA shall have full discretion to refuse any bidding, to divide any lot, to combine any two or more lots and to withdraw any lot prior to taking bids on said lot; (h) KDCA reserves the right to withdraw any lot at any time before the auction without liability; (i) in KDCA discretion, KDCA may accept and execute pre-auction, order bids and telephone bids as a convenience to customers who are not, or will not be present at the auction; (j) KDCA is not responsible for any errors or omissions in connection with such pre-auction, order bids or telephone bids; (k) no transfer of rights or obligations with respect to purchase at the auction shall be valid; and (l) all purchases are subject to the collection of Oklahoma sales tax in the amount of (8.75%) from the successful bidder unless the successful bidder is exempt under Oklahoma law; (m) If in case a range of estimates is given on each auction lot with a low and a high estimate. Estimates should not be relied upon as a prediction of the actual selling price, appraised value, or retail value of the lot.
3. Payment for Auction Purchases. Bidder herewith irrevocably promises to pay to KDCA at the close of the auction at which a purchase is made the full purchase price announced by the auctioneer for each article of property purchased by Bidder plus a "Buyer's Premium" of eighteen percent (18 %) of such purchase price. All payments shall be in U.S. dollars. Your credit card on file will be charged upon completion of Auction.
4. Remedies with Respect to Indebtedness upon Failure to Pay. In the event of a default by Bidder in its obligation to make timely payment of all sums due KDCA hereunder, KDCA (a) shall be entitled to recover late charges from Bidder equal to Two percent (2%) of the unpaid purchase price for each month or fraction thereof that such purchase price remains unpaid; and (b) shall be entitled to recover from Bidder all costs of collection including fifteen percent of the principal and late fees as attorneys'.
5. Limitation of Liability. Bidder agrees and acknowledges that the liability of KDCA to Bidder shall be limited to the amount Bidder shall have paid for any items purchased by Bidder at the auction covered by this Agreement.
6. Entire Agreement. Bidder and KDCA agree that this Agreement shall constitute the entire agreement between the parties and shall supersede any prior oral or other agreements respecting the matters covered herein. This Agreement may not be modified except (a) by a writing signed by both parties or (b) by an oral notification of such modification made by KDCA auctioneer at the time of sale.
7. Bidding on merchandise automatically constitutes agreement with these terms. 8. KDCA will provide Handling, Packing and Shipping services solely as a convenience for our bidders; Bidders are responsible for these charges and will be charged using the credit card on file. Our responsibility for damage or loss ends once it has been turned over to USPS.
9. In no event shall KDCA liability for any breach, or act or omission exceed the purchase price actually paid by the Buyer, and in no event shall KDCA have any liability under any circumstances for special, indirect, incidental or consequential dames.
10. Bidder’s bid at all times represents an irrevocable offer by Bidder to enter into a binding contract to purchase the lot in accordance with the specific provisions of the listing and these general terms and conditions as applicable, even if a higher bid was received by KDCA. In the event that any reserve price of a lot is not exceeded by any bidder’s bid KDCA, in its sole discretion, with or without the knowledge of or notice to any Bidder, may reduce any reserve price to an amount below the bid of Bidder at any time during an auction and accept the bid made by Bidder. Reserve prices are always the confidential information of KDCA and are not disclosed to Bidder’s unless specifically stated as such during bidding. Nothing contained in any listing shall be construed to disclose any reserve price. In the placing of any bid the Bidder understands and agrees that the bid placed, once accepted by KDCA will be the winning bid if there is no higher bid by another bidder and if any reserve or reduced reserve on the lot is exceed. All bids are binding, irrevocable and non-cancelable by Bidder.
11. All property is sold “AS IS”, and All SALES ARE FINAL. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. KDCA may attempt to describe the merchandise in advertising and on the internet but makes no representations. In no event shall KDCA be held responsible for having made or implied any Grade or Condition for a particular purpose? Bidder shall be the sole judge of value.
12. On line Bidders understand and acknowledge that they may not be able to inspect a lot as well as if they examine in person. It is the Bidder’s responsibility to determine condition, age, genuine, value or any other determinative factor. KDCA shall endeavor to describe in detail each lot and any pertinent information about it. KDCA will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the lot itself. Bidder agrees that everything is sold as is and that they may not return any lot they purchase.
13. Under no circumstances shall Bidder have any kind of claim against KDCA or anyone else if the internet service fails to work correctly before or during the live auction. KDCA will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the absentee bidding feature and leave their maximum bid before the auction begins. KDCA reserves the right to withdraw to re-catalog lots in any auction.
14. All sales are final, no lots are sold on approval; placing a bid is a legally binding obligation. There are no returns or exchanges. All lots are sold “as is”,” where is” with all the faults, imperfections, omissions and errors in the written description, estimates, appraisals, graphics, and photography. KDCA is not responsible for any errors or omissions in the description, graphics, or photography provided or in the bidding software. Due diligence to verify the condition and description of a lot is sole responsibility of the Bidder prior to placing any bid. Returns may only be made with the advance written authorization of KDCA and are in KDCA sole discretion to approve. To request a return you must provide a written request fully explaining the basis for the return no later than 3 days after your receipt of the lot. Under no circumstances will any amounts other than the winning bid amount be refunded. A restocking charge of 25% of the full invoice amount may apply in KDCA sole discretion. Any allowed returns must be received in exactly the same condition as when originally shipped to Buyer, or they will be returned to buyer at buyer’s cost. Any unauthorized returns will be refused. DELIVERY REFUSALS OF ITEMS SHIPPED BY KDCA TO THE BIDDER CONSTITUTES AN UNAUTHORIZED RETURN IN DIRECT VIOLATION OF THESE GENERAL TERMS AND CONDITIONS.
