Terms

All persons participating in a Key City Online Auction Inc. auction are legally bound by the terms and conditions hereinafter, which shall form a binding contract between the participants and Key City Online Auctions, Inc. If you disagree with or do not understand any of these terms, you are not permitted to bid in any Key City Online Auction, Inc. auction event. Every asset is being sold “as is,” including any and all defects, and without warranties or guarantees, express or implied. ALL SALES ARE FINAL. Key City Online Auctions, Inc. is not responsible for missing or broken or damaged items after the auction has ended. ABSOLUTELY NO REFUNDS or CHARGEBACKS.

Buyer’s Premium: 18%

Sales Tax: 7% - Sales tax applied to bid amount plus Buyer’s Premium.

Payment: At the conclusion of the auction winning bidders will receive an e-mailed invoice. Or, bidder may login to their account to find invoice. Payment is due in full within 2 days following the auction. Accepted forms of payment include Visa, MasterCard, Discover, American Express, Cash, or Check. for Questions, please call 563-581-2297 or email Admin@KeyCityAuctions.com

Renege Fee: If payment has not been made according to the terms and conditions, the items on the bidder’s invoice will be considered abandoned and the bidder will be in breach of the purchase contract and the bidder’s credit card on file with Key City Auctions may be charged the amount of the bidder’s invoice. In addition, the bidder’s ability to bid with Key City Online Auctions, Inc. may be revoked.

Storage Fee: $10 per week per lot until removed, beginning at 5:00 pm 2 days following the auction. Storage must be arranged with the auctioneer following the auction. For any items left at Key City Auctions facility the storage fees must be paid prior to removal. Items remaining on site without pickup arrangements will be considered abandoned therefore resold, disposed of, or donated to Key City Online Auctions, Inc.

Merchandise becomes the full responsibility of the buyer at the time of payment and the buyer assumes all risk of loss and damage to property at that time.

This is an Online Bidding Only auction, please do not bid if you are unable to pick up your items within the scheduled removal dates and times. No refunds or chargebacks will be granted due to lack of removal by the designated date. Items not removed by the designated removal date will be considered abandoned and disposed of by Key City Online Auctions, Inc.

GENERAL TERMS AND CONDITIONS:

1. Sales Tax Exemption Qualifications: Sales Tax will be charged on all purchases, unless Key City Online Auctions, Inc. has on file or receives prior to the auction (1) Sales Tax Exemption Certificate acceptable to Key City Online Auctions, Inc. You will not be granted tax exemption post-sale if these forms are not completed to the satisfaction of Key City Online Auctions, Inc. Customers and/or Buyers will ONLY be tax exempt for those assets which are listed. Out-of-state buyers are tax-exempt ONLY when Key City Online Auctions, Inc. has obtained their state’s Tax Exemption paperwork.

2. Every asset is being sold “as is,” including any and all defects, and without warranties or guarantees, express or implied. ALL SALES ARE FINAL SOLD "AS IS-WHERE IS WITH ALL FAULTS AND WITHOUT WARRANTIES. Key City Online Auctions, Inc. is not responsible for missing or broken items after the auction has ended. ABSOLUTELY NO REFUNDS. To the Maximum extent allowable the customer hereby waivers any and all rights to dispute (or initiate a Chargeback) in any manner whatsoever the charge placed on customers credit OR debit card.

3. Key City Online Auctions, Inc., its owners, employees, and agents act merely as agents for Sellers. Statements regarding the description and condition of assets may be made by the owners, employees and agents of Key City Online Auctions, Inc. including those made on its website, advertising, auction materials, and at the auction itself, are based on a rudimentary inspection. Key City Online Auctions, Inc. shall not be responsible for the correct description, authenticity of, or defect in any lot, and makes no warranty in connection therewith. The bidder understands that statements by Key City Online Auctions, Inc. are not intended to be relied upon by the bidder, may contain errors, and the bidder agrees that he/she is not purchasing in reliance on those statements. For demonstration purposes, various pieces of equipment may be joined together. Do not assume a lot consists of more than one item simply because they are connected/photographed together. You are bidding on the item as it is described and not the entirety of all items that may appear in the photo. Key City Online Auctions, Inc. makes an effort to ensure the descriptions are accurate and the photos match as well. However, an error can occur in the listing and in that case, it will be the description and not the photo that will be the item won. IF YOU ARE UNSURE AS TO ANY MATTER, KEY CITY AUCTIONS URGES YOU NOT TO BID.

4. Every asset is available for inspection prior to the auction, and that it is the sole responsibility of the bidder to determine the condition of an asset prior to purchase. The bidder must understand what he/she is bidding on, how it is being sold and all fees and taxes associated.

5. ADDITION TO OR WITHDRAWAL FROM SALE: The auctioneer reserves the right to withdraw from the sale any property listed and add property not listed to the sale.

6. By making a bid, the bidder is making an offer to purchase the asset at the bid price, which if accepted, forms a binding contract to purchase the asset between Key City Online Auctions, Inc. and you the bidder. You the bidder understand that any such contract includes the terms in this Acknowledgement. Auctioneer reserves the right to reject or void any Auction bid, whether winning or otherwise, that it believes, in its sole discretion, (i) has been made in bad faith, (ii) is intended to manipulate the Auction listing and sale process, (iii) violates any applicable law or regulation, or (iv) results from an online marketplace outage, failure, error, or delay.

7. Timed Auction and Staggered Closing. This auction will feature timed auction bidding. EXAMPLE: Bidding will start to close at 5pm on Friday with lot #1000. Bidding will close at 2 items per minute, until all items are closed. Bidders may want to set a Max Bid or watch the bidding. If an asset receives a bid within the last minute the item may remain open an additional 2 minute until no additional bids are received on that asset.

8. Purchases may not be removed from the premises until payment is received in full and all required documentation has been properly completed. You, the bidder understands and agree that purchased property will not be released from the premises until the funds are received and cleared by our banking institutions.

9. Person purchasing and whose name is on invoice must pick up. If sending a representative to pick up for you, you must provide a signed Bidder Agreement, a copy of your valid ID or Driver’s License, and the name of the person picking up to email Admin@KeyCityAuctions.com

10. All bidders must be 18 years of age or older and must possess a valid state issued ID.

11. RESERVES: Or starting bids may be in place. Otherwise, all assets are sold without reserve unless specifically stated otherwise. Key City Online Auctions, Inc., at their discretion may place a proxibid on behalf of the seller, lienholder or pre-approved absentee bidder for purchase or to protect the value of the asset.

12. INTERRUPTION OF SERVICE: Key City Online Auctions, Inc, shall not be held 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 its website. Technology can and does fail. The bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. Key City Online Auctions, Inc., in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any items or lots that Key City Online Auctions, Inc.’s discretion affected by any malfunction.

13. GOVERNING LAW; JURISDICTION: all matters arising out of or relating to these purchaser terms are governed by and construed in accordance with the internal laws of the state of Iowa without giving effect to any choice or conflict of law provision or rule (whether of the state of Iowa or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the state of Iowa. Each party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against any other party in any way arising from or relating to these purchaser terms and all contemplated transactions in any forum other than the courts of the State of Iowa sitting in Dubuque County. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in the courts of the State of Iowa sitting in Dubuque, Iowa County. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Key City Online Auctions, Inc. Shall be entitled to recover all costs and expenses (including reasonable attorney's fees) in any action arising out of this agreement including any actions to collect amounts owed hereunder.

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