“KD CAPITAL AUCTIONS, LLC”

“ONLINE/ONSITE AUCTION TERMS AND CONDITIONS”

Welcome to KD Capital Auctions, LLC and its affiliates, collectively known as “KDAUCTIONS” or “Auctioneer”. We invite you to participate in our online/onsite auctions, subject to modifications announced by the Auctioneer during the auction. Participation implies acceptance of these terms and conditions. If you disagree with these terms or do not understand them, please refrain from participating. Announcements made on auction day supersede prior information. All bids form a binding contract, obligating bidders to comply with sale terms and conditions. Live Announcements Override Pre-Bids: Placing a pre-bid does not negate the bidder’s responsibility to be aware of all live auction announcements. The auctioneer may make real-time changes, corrections, or updates that supersede written terms. The auctioneer shall not be responsible for any bidder who fails to listen to or review live announcements.

International Buyer Deposit & Policy: Non-USA participants must provide a valid passport and submit a $3,000 refundable deposit via cashier’s check or wire transfer at least 24 hours before the sale. If no purchase is made, the deposit will be refunded within 24 hours post-auction; otherwise, it will be applied to the balance. Failure to comply will result in bidding restrictions.

Credit Card Authorization: Bidders must provide a valid MasterCard or Visa. A $200 pre-authorization will be processed (not charged) on the card. By registering, bidders authorize KDAUCTIONS to charge the card if the invoice is not paid within 48 hours or as needed to enforce this agreement including an additional 4% processing fee.

Payment Terms: We accept cash, certified or company checks (accompanied by a bank guarantee), and wire transfers for payment. Please note that all payments must be made in US Dollars. The total amount due must be paid within 24 hours following the end of the auction. Should payments not be received within this timeframe, the Auctioneer retains the right to re-offer the items for auction. It’s important to review all invoices on the day of the sale, as we won’t be making any changes to them afterwards. Items not collected after the auction may be treated as abandoned. Additionally, KDAUCTIONS has the authority to adjust or revise these payment conditions as necessary.

Sale and Bidding Process: Items will be sold to the highest bidder following the bidding procedure. KDAUCTIONS may withdraw items, include unlisted items, or sell items individually, in groups, or in bulk at its discretion. For reserved lots, KDAUCTIONS may sell them subject to reserve and may place bids on behalf of itself, the Seller, or a Secured Party, directly or via proxy, without disclosure.
This auction permits bids by the auctioneer, an employee, the seller, or an agent on the seller’s behalf. While some online platforms prohibit this, UCC 2-328 allows it. By participating, bidders acknowledge this disclosure.

KDAUCTIONS has been granted access to view all bids, including maximum pre-bids, placed before and during the auction. By registering for this auction, bidders acknowledge and accept that this auctioneer has access to pre-bid amounts and may use this information while bidding.

KDAUCTIONS also retains the right to sell items on behalf of third parties or on its own account. In the event of a dispute among bidders or regarding a bid, the Auctioneer has the discretion to immediately re-auction the disputed lot. The Auctioneer’s decisions on all auction conduct matters are final and binding. The Auctioneer can modify, withdraw items/lots, or refuse bids at any moment before the sale, binding prior bidders to their bids.

Back-Up Bidder: If a winning bidder fails to complete the transaction, KDAUCTIONS expressly reserves the right, in its sole discretion and without further notice, to invoice and bind the next-highest (back-up) bidder for any or all of the lots on which that bidder placed bids. By placing any bid, each bidder assents to being bound by all Terms herein with respect to payment and collection of any lot for which they are invoiced as a back-up bidder.

Bidder Responsibility for Errors: The bidder is responsible for knowing which item they are bidding on. If uncertain, the bidder must inquire before placing a bid. All bids are final and binding. Mistaken bids will not be honored, and bidders remain fully responsible for their purchases.

Personal and Joint-and-Several Liability: Each person who registers, receives bidding credentials, or places a bid does so as a principal and represents that they are authorized to bind any entity on whose behalf they purport to act. Whether a bidder acts as an individual, a sole proprietor, an agent, or an officer, director, manager, member, employee, or other representative of a partnership, limited liability company, corporation, trust, or any other entity, that bidder is personally, jointly, and severally liable, together with any such entity, for payment of the full purchase price, Buyer’s Premium, taxes, and all other amounts due on any invoice issued under their registration or bidder number. KDAUCTIONS may pursue the registering individual, the entity, or both, at its sole discretion.

Conclusion of Sale and Title Transfer: The sale is finalized upon the Auctioneer’s signal, such as the fall of the hammer. Once a bid is placed, it cannot be revoked. Ownership of the items/lots transfers only after full payment has been made to KDAUCTIONS.

Risk of Loss & Responsibility: Purchases become the responsibility of and shall remain at the risk of the purchaser immediately upon acceptance of their bid. Buyers are advised to obtain insurance coverage on their purchases immediately. The Auctioneer and Seller assume no responsibility for any loss, theft, damage, or deterioration that may occur post-sale. Any buyer failing to complete a transaction will be liable for damages resulting from such failure. Where applicable, KDAUCTIONS will provide transfer documents, including motor vehicle ownership documents, within 10 days or as soon as possible post-auction.

Grant of Security Interest and Authorization to File

Grant of Security Interest: To secure the full and timely payment of all amounts owed by the Buyer to KDAUCTIONS, including without limitation the purchase price, Buyer’s Premium, applicable taxes, fees, interest, storage and removal charges, costs of collection, attorney’s fees, and any other obligations arising under these Terms (collectively, the “Obligations”), the Buyer hereby grants to KDAUCTIONS a purchase money security interest in and to all items and lots purchased by the Buyer at this auction, together with all proceeds thereof (including insurance proceeds), and all replacements, substitutions, attachments, accessions, additions, and products thereof (collectively, the “Collateral”).

This security interest attaches immediately upon KDAUCTIONS’ declaration of sale or the fall of the hammer (knockdown) and continues in full force until all Obligations are paid in full in immediately available funds.

By registering and bidding, the Buyer authorizes KDAUCTIONS to file one or more UCC-1 financing statements, and any amendments or continuations thereof, describing the Collateral, in any jurisdiction KDAUCTIONS deems appropriate, without the further signature of the Buyer. The Buyer agrees to execute and deliver any additional documents reasonably requested by KDAUCTIONS to perfect, maintain, or enforce this security interest. Until payment in full is received, the Buyer shall not sell, transfer, encumber, lease, or otherwise dispose of the Collateral without the prior written consent of KDAUCTIONS.

Upon any default by the Buyer, KDAUCTIONS shall have all rights and remedies available to a secured party under the Uniform Commercial Code as adopted in the State of Arizona, in addition to all other rights and remedies provided in these Terms, at law, or in equity.

Representation and Auction Rights: KDAUCTIONS operates without external agents; only its employees represent the company. The Auctioneer, acting as an agent, is not responsible for the acts of KDAUCTIONS’ principals. KDAUCTIONS reserves the right to postpone or cancel any auction at its discretion, with no obligation to reschedule or offer previously listed items/lots for sale again.

Authority to Decline Bids and Registrations: KDAUCTIONS holds exclusive authority to refuse any bid or prohibit any individual or entity from participating in bidding for reasons it considers justifiable. Additionally, KDAUCTIONS retains the right, at its sole discretion and without limiting other remedies, to restrict or revoke access to its website or any registered account. KDAUCTIONS may also decline to accept new user registrations. All terms of this agreement remain in effect and continue unabated, even in the event of such termination or access restriction.

Buyer’s Premium Terms: Upon purchasing any item or lot, a Buyer’s Premium will be charged. This fee is calculated as a percentage of the sale price, currently set at 18%, unless explicitly stated otherwise. The Buyer’s Premium is an additional charge over and above the sale price and any relevant taxes. It is due and payable alongside the sale amount according to the payment terms specified herein.

Sales Tax Policy: State and local taxes apply to all sales. However, if a valid exemption certificate, complete with a tax-exempt number, is provided at the time of payment, these taxes may be waived.

Titled Vehicles: Certain lots may be titled motor vehicles or trailers. Each titled item is subject to a $75.00 title transfer fee. Where a title is available to KDAUCTIONS, the title will be sent to the Buyer of record approximately 7 to 30 business days after payment has cleared. Where a replacement or lost title must be processed, the title will be sent once received. Trailers or vehicles for which no title exists are sold “No Title” and the Buyer will receive no title whatsoever. Sales tax, DMV fees, registration, licensing, and any penalties on titled vehicles are the sole responsibility of the Buyer to remit to the appropriate state authority. Bidders winning titled vehicles must pay their invoice in full by wire transfer, ACH, or company check.

Post-Auction Removal Obligations: After the auction, buyers are solely responsible for removing their purchases from the location specified by KDAUCTIONS within the announced time frame, unless a written extension is granted by KDAUCTIONS. Removal must be done during standard hours: Monday to Friday, 8:00 am to 4:00 pm local time, unless specified differently at the facility or on KDAUCTIONS’ website. Buyers are accountable for all removal costs and liable for any damage caused during removal, including environmental harm. Buyers must also repair any real or personal property and fixtures damaged during removal to a condition akin to before removal. KDAUCTIONS will assess these repairs and determine their acceptability.

KDAUCTIONS is not responsible for disconnecting utilities for the items/lots, such as electricity, gas, waste, and water lines. Disconnection should occur at the first junction, ensuring everything is safely capped. Electrical systems will be locked and tagged out at the box, maintaining the integrity of conduits, wires, and piping. Buyers, their riggers, representatives, and contractors share joint and several liabilities for any damage or loss during item removal. Buyers must appropriately remove and store all fluids, oils, and hazardous chemicals from machinery, complying with environmental laws, safety requirements, and auctioneer’s removal requirements, including mover bonding.

Buyers must provide and maintain insurance certificates for a minimum of US$ 2,000,000, covering the seller, landlord, and KDAUCTIONS against any claims arising from their actions. This requirement also applies if third-party riggers or machinery movers are used, ensuring adequate insurance coverage for all involved parties.

Inspection of Vehicles and Containers: KDAUCTIONS reserves the right to inspect all trucks, trailers, toolboxes, rigger cases, and any other vessel or container in which lots could be placed prior to its leaving the premises. Theft will not be tolerated; any instance of theft will result in immediate termination of auction privileges, removal from the premises, and the filing of a report with local law enforcement and a request for prosecution.

Repair Before Departure: The Buyer shall not be permitted to remove any lot or leave the premises until all surface or structural damage to the premises caused by the Buyer or its riggers, agents, or contractors — including without limitation to walls, ceilings, floors, overhead doors, and gates — has been repaired to a condition substantially similar to its pre-removal condition, as determined acceptable by KDAUCTIONS in its sole discretion. All floor bolts and anchoring fasteners shall be cut flush to the floor and the area left broom-clean with all debris removed.

Assumption of Risk at Auction Site: Every person attending the auction site before, during, or after the auction shall be deemed to be there at their own risk. The auctioneer and seller shall not be liable for personal injury, property damage, or other losses arising from conditions of the premises, activities conducted, or the actions of third parties. Bidders agree to advise their agents and employees of this risk assumption.

Storage and Disposal Fees Policy: KDAUCTIONS retains the right to impose storage and disposal fees for any items or lots not removed by the specified deadline. This includes expenses for relocating items to other appropriate locations as needed. KDAUCTIONS is granted explicit permission by the Buyer to recover these costs by charging the Buyer’s credit card in accordance with this agreement’s terms.

If items or lots remain uncollected 30 days post-auction, they will be deemed abandoned by the Buyer. In such cases, KDAUCTIONS has the authority to resell these items at its discretion and keep any proceeds from the sale.

All items must be fully paid for before removal, and they must be removed within the time frame set by the Auctioneer or as indicated on the invoice. Removal of any items or lots, regardless of size or the distance the Buyer needs to travel, is not permitted until the auction has officially concluded.

Packaging and Shipping Policy: KDAUCTIONS does not provide packing, shipping, storing, crating, or rigging services for any items or lots. However, KDAUCTIONS may collect fees for third-party service providers. Fees related to Rigging, Machinery Moving, or services by third-party riggers, machinery movers, or contractors invoiced or collected by KDAUCTIONS are solely for the convenience of Buyers. These collected fees are entirely passed on to the service providers.

Items or lots that are not easily hand-carried, or require utility disconnection or tools for removal, must be removed by a qualified, insured rigger or machinery technician approved by KDAUCTIONS.

For removal of items or lots by an Agent on behalf of a Buyer, the Agent must provide KDAUCTIONS with (1) Proof of Full Payment (Paid in Full Invoice), and (2) an “Agent Release Authorization” form, which enables KDAUCTIONS to release items or lots to a third-party contractor for shipping, crating, or packing.

Recommendations or approvals of third-party vendors, such as Riggers, Machinery Technicians, Trucking Companies, or any other vendors made by KDAUCTIONS or its affiliates, are provided as a convenience to the Buyer. Such recommendations or approvals do not imply any liability for KDAUCTIONS or its affiliates for the actions or omissions of these third-party vendors. Buyers acknowledge that selecting any third-party vendor is at their discretion and agree not to hold KDAUCTIONS or its affiliates liable in any way.

If the Auctioneer assigns an exclusive Rigger, the Buyer must adhere to the posted fees without exception.

Disclaimer of Warranties

PLEASE READ CAREFULLY: All sales conducted by KDAUCTIONS are final and made on an “AS-IS”, “WHERE-IS”, “IN PLACE” basis. This means that all items/lots are sold without any form of warranty or representation, whether expressed or implied, statutory or otherwise. This includes, but is not limited to, any warranties regarding title, description, merchantability, fitness for a particular purpose, quality, condition, location, or any other aspect. By participating in this sale, the Buyer acknowledges that KDAUCTIONS does not make any representations regarding the attributes, components, accessories, capabilities, or any other features of the items/lots offered.

It is the responsibility of the Buyer to conduct their own thorough investigation and assessment of each item/lot prior to bidding. By bidding, the Buyer represents and warrants that they have independently verified that the item/lot meets their requirements and expectations. Any promotional materials such as advertisements, circulars, brochures, or other written documents are provided for reference purposes only, and KDAUCTIONS does not guarantee the accuracy or completeness of such information.

Buyers are strongly encouraged to inspect any item or lot before bidding. KDAUCTIONS is not liable for errors, inaccuracies, omissions, or unnoted imperfections in descriptions or cataloging. All sales are final, with no invalidation or compensation for such issues. Items are available for public inspection and are sold “AS IS,” “WHERE IS,” “IN PLACE,” and “WITH ALL FAULTS.” No sale will be invalidated due to defects, description inaccuracies, or lot misidentification, whether in the catalog, auction listing, or elsewhere. The auctioneer makes no warranties regarding the accuracy of descriptions. Buyers must inspect items and accept them in their existing condition before bidding.

KDAUCTIONS reserves the right to amend, correct, or rectify any errors or typographical mistakes in any of its announcements or documents. Such corrections or amendments do not confer any rights to derive claims or adjustments based on the earlier uncorrected statements. Additionally, KDAUCTIONS is not liable for any direct, indirect, incidental, or consequential damages arising from the sale or the use of the items/lots. This disclaimer constitutes an essential part of the terms and conditions of the sale.

No Reliance: The Buyer acknowledges and agrees that neither KDAUCTIONS, the Seller, nor any third party has made, and the Buyer is not relying upon, any representation, warranty, promise, covenant, agreement, statement, projection, estimate, description, photograph, catalog entry, invoice description, advertisement, oral statement, or other information of any kind whatsoever, whether written or verbal, express or implied, concerning any item, lot, or the auction. All descriptions and information provided by KDAUCTIONS or the Seller are provided solely as a courtesy and for general informational purposes only and may not be complete, accurate, or current, including the descriptions contained on the final invoice. No statement or representation by KDAUCTIONS or the Seller shall be deemed a warranty or representation upon which the Buyer is entitled to rely, and the Buyer expressly waives any claim based upon alleged reliance on any such statement or information. The Buyer represents that it is a sophisticated commercial party relying solely upon its own investigation, inspection, research, and analysis of each item or lot.

Website and Recording Disclaimer: KDAUCTIONS cannot guarantee that its website will be continuously available, accessible, uninterrupted, secure, or error-free. The company is not liable for any issues arising from a breach or misrepresentation by either the Buyer or Seller. Furthermore, KDAUCTIONS reserves the right to create image, audio, and video recordings of the auction proceedings. These recordings may be used by KDAUCTIONS, and if considered appropriate, may be made public. By participating in the auction, participants implicitly consent to such recording and potential public dissemination.

Limitation of Liability and Risk Assumption

KDAUCTIONS shall not be held responsible or liable for any loss, claim, damage, or expense of any kind, including but not limited to special, incidental, consequential, direct or indirect damages, general, special or punitive damages, lost revenues, lost profits, loss of use, data, or other economic advantages. This applies to losses directly or indirectly related to the purchase, attempted purchase, sale, or attempted sale of any item or lot offered by KDAUCTIONS, either on its website or through other means, to the maximum extent permitted by applicable law.

Waiver of Special and Consequential Damages: In no event shall either KDAUCTIONS or the Buyer be liable to the other for any special, indirect, incidental, consequential, or punitive damages of any kind, including without limitation lost profits, lost revenue, production interruption, downtime, loss of use, loss of data, or lost business opportunities, whether arising in contract, tort, or otherwise, even if advised of the possibility of such damages. KDAUCTIONS’ total liability to the Buyer for any claim shall not exceed the amount actually paid by the Buyer for the specific lot giving rise to the claim.

Should KDAUCTIONS be found liable for any loss or damage related to this agreement or the use of its website, its liability to the buyer, seller, or any third party shall not exceed the fees paid to KDAUCTIONS for the specific transaction in question. If you disagree with this limitation of liability, it is advised not to bid on or offer for sale any item or lot.

Persons attending any auction preview, or removing purchased items/lots, including their employees and agents, do so at their own risk. They assume all risks of damage or loss to person or property and expressly release KDAUCTIONS from any liability for such damages. All inspections or removals of items/lots are undertaken at the sole risk of the buyer.

In the event that KDAUCTIONS is unable to deliver an item or lot sold due to fire, theft, or any other reason, KDAUCTIONS will refund the buyer the full amount paid for the item or lot. Beyond this refund, KDAUCTIONS bears no further liability to the buyer for any resulting loss, including but not limited to loss of profits or other damages.

Indemnification and Liability Waiver: The Buyer and Seller hereby agree to indemnify, defend, and hold harmless KDAUCTIONS, along with its employees, agents, and officers, from any and all claims, losses, damages, liabilities, judgments, fees, and expenses, including but not limited to attorney’s fees and costs. This indemnification covers claims brought by third parties against KDAUCTIONS arising from any breach, violation, or non-compliance by the Buyer or Seller, or their agents and employees. This includes breaches of representations, warranties, and covenants stated herein, as well as any incidents of personal injury, death, property damage, or other harm caused during the inspection, removal, or use of purchased items/lots.

Purchased items/lots may lack certain approved activating mechanisms, operational safety devices, or safety guards as mandated by OSHA or other regulatory bodies. It is the Buyer’s responsibility to ensure that all purchased items/lots are equipped and safeguarded to comply with OSHA and other relevant safety requirements before use.

In the event of any dispute arising from actions or inactions related to the purchase or sale of any item/lot, the Buyer and Seller agree to release KDAUCTIONS, its affiliates, subsidiaries, officers, directors, managers, members, agents, employees, and third-party suppliers or vendors from all claims, demands, and damages of every kind, whether actual or consequential. This release covers both known and unknown claims and includes a waiver of any rights under Civil Codes or other legal provisions that might contradict this release.

Furthermore, the Buyer and Seller acknowledge that KDAUCTIONS is not responsible for ensuring compliance with OSHA or other safety regulations and standards for items/lots sold. It is the sole responsibility of the Buyer to ensure that any necessary modifications or additions are made to comply with such safety regulations before the items/lots are put into operation. The Buyer and Seller also agree to be fully responsible for any legal, regulatory, or safety-related consequences resulting from the failure to comply with such standards and regulations.

Default, Remedies, and Recovery of Fees

Recovery of Fees and Costs: In any arbitration, litigation, or other proceeding arising out of or relating to these Terms, the prevailing party shall be entitled to recover its reasonable attorney’s fees, arbitration fees, court costs, collection costs, and all other expenses incurred in connection with enforcement of these Terms. Without limiting the foregoing, the Buyer agrees that KDAUCTIONS shall be entitled to recover all costs of collection, including attorney’s fees and expenses, incurred in enforcing the Buyer’s payment or performance obligations.

Default Damages and Administrative Fees: If the Buyer fails to pay in full within the time required, fails to remove all lots by the removal deadline, or otherwise fails to comply with these Terms, the Buyer shall be in default. In addition to all other remedies, KDAUCTIONS may retain all deposits and partial payments as liquidated damages and may scrap, remove, dispose of, or resell any or all lots at public or private sale without further notice. The Buyer shall be liable for the difference between the Buyer’s winning bid and any resale price, all costs of resale, removal, storage, rent, and hold-over, and any other losses incurred by KDAUCTIONS or its client as a result of the default. KDAUCTIONS may charge an administrative fee of $500.00 per day, per lot, for any lot not paid for and removed by the applicable deadline until such lot is removed.

Restocking Fee on Cancelled Invoices: All sales are final and no invoice will be cancelled except in the sole discretion of KDAUCTIONS. Should KDAUCTIONS agree to cancel an otherwise valid invoice or any lot on it, the Buyer agrees to pay a restocking fee equal to ten percent (10%) of the hammer price of the affected lot(s), inclusive of the Buyer’s Premium.

Copyright and Trademarks of KDAUCTIONS: All materials featured on the KDAUCTIONS website, encompassing trademarks, copyrights, designs, layouts, documents, products, logos, text, auctions, images, graphics, and any other intellectual property, are the exclusive property of KDAUCTIONS or its third-party providers. The unauthorized dissemination, modification, replication, distribution, downloading, reproduction, republication, posting, or transmission of any such material, in any form and by any means — including but not limited to electronic, mechanical, photocopying, and recording methods — is strictly prohibited under the fullest extent of the law.

Furthermore, “mirroring” or duplicating any content from the KDAUCTIONS website onto any other server or website is not allowed without the express prior written consent of KDAUCTIONS. This prohibition extends to all forms of copying and replication of the website’s content, ensuring the protection of KDAUCTIONS’ intellectual property rights in all jurisdictions. Violation of these terms may result in legal action to enforce these rights and protect the proprietary content of KDAUCTIONS.

Legal Jurisdiction and Dispute Resolution

Dispute Resolution: Any controversy, claim, or dispute arising out of or relating to these Terms, the auction, any item or lot, any bid, or any transaction between the parties (whether sounding in contract, tort, statute, fraud, misrepresentation, or otherwise) shall, at the sole and exclusive election of KDAUCTIONS, be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect, before one (1) neutral arbitrator, with the seat and place of arbitration in Maricopa County, Arizona. Judgment upon the award may be entered in any court having jurisdiction.

Consent to Jurisdiction: The Buyer irrevocably submits to the personal jurisdiction of the state and federal courts located in Maricopa County, Arizona, for the purposes of (i) compelling arbitration, (ii) enforcing these Terms, (iii) enforcing any arbitration award, and (iv) any action not submitted to arbitration. The Buyer waives any objection based on lack of personal jurisdiction, improper venue, or forum non conveniens with respect to such courts.

Emergency and Provisional Relief: Notwithstanding the foregoing, KDAUCTIONS may seek temporary, preliminary, or emergency injunctive relief, attachment, repossession, replevin, or other provisional remedies in any court of competent jurisdiction, including courts located outside Arizona, without waiving its right to require arbitration of the underlying dispute. Pursuing provisional relief does not waive KDAUCTIONS’ right to elect arbitration.

Governing Law; FAA: These Terms are governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict-of-law principles. The Federal Arbitration Act governs the interpretation, validity, and enforcement of this arbitration provision.

Notices & Communication: Communication to KDAUCTIONS should be sent via Certified Mail with return receipt requested to the following address, or any updated address as provided:

KD Capital Auctions, LLC
7918 East McClain Drive
Scottsdale, AZ 85260

Communications to Buyers or Sellers will be emailed to the provided address and are deemed received the next business day after sending. Buyers and Sellers consent to receiving communications via email, phone call, or text message for reminders about sales or to enforce auction terms. KDAUCTIONS is not liable for issues arising from incorrect or false contact details. To revoke this authorization, written notice must be sent to KDAUCTIONS.

Force Majeure

KDAUCTIONS shall not be liable for any delay in performance, interruption, suspension, cancellation, or failure to perform any obligation under these Terms (including without limitation conducting the auction, delivering possession of any lot, or providing access for inspection or removal) to the extent caused directly or indirectly by events beyond KDAUCTIONS’ reasonable control. Such events include, without limitation: acts of God; fire; flood; severe weather; earthquake; explosion; war; terrorism; civil unrest; labor disputes or strikes; supply chain or transportation disruption; utility outages; internet or telecommunications failure; governmental order, regulation, or restriction; public health emergency, pandemic, epidemic, or quarantine; embargo; or court order. In the event of a force majeure occurrence, KDAUCTIONS may, in its sole discretion, extend payment or removal deadlines, suspend or reschedule the auction, withdraw lots, or cancel the sale of any lot without liability; provided that if a lot is cancelled and payment has been received, KDAUCTIONS’ sole obligation shall be to refund the amount actually paid for such lot.

General Provisions

Entire Agreement: These terms and conditions represent the complete agreement between the parties, superseding all previous understandings, agreements, and representations. Any prior agreements or representations are nullified, except as stated herein.

Third-Party Beneficiary: The owner or consignor of any lot is an intended third-party beneficiary of these Terms, is entitled to the rights and benefits hereunder, and may enforce the provisions hereof, including without limitation the disclaimers, releases, indemnities, and limitations of liability, as if it were a signatory hereto.

Severability: If any term or provision is found invalid or unenforceable, it will be excluded, and the remaining terms will continue to be enforceable to the fullest extent of the law.

Amendment: KDAUCTIONS reserves the right to amend these terms at its discretion for future auctions. Continued use of the website after amendments signifies acceptance of these changes. Amendments are otherwise enforceable only when agreed in writing by both Buyer/Seller and KDAUCTIONS.

Assignment: Purchasers cannot assign, transfer, or dispose of rights in purchased items/lots until full payment is made. Reselling from the premises is not permitted.

Successors: The terms, agreements, covenants, representations, warranties, and conditions of this Agreement bind and benefit both parties and their respective successors and permitted assigns.

Waiver: Failure by KDAUCTIONS to enforce any rights or provisions of this Agreement, or any delays, will not be construed as a waiver.

Registration & Bidding Online

• Pre-approval by KD Capital Auctions, LLC is necessary for bidding.
• Buyers must provide verifiable personal and banking details at registration.
• Telephone numbers will be verified, and agreement to Terms & Conditions confirmed.
• Items governed by U.S. laws and regulations may have restrictions on resale, transfer, or disposal. Compliance with such regulations is mandatory.

  By accepting, Buyers and Sellers acknowledge and agree to all terms and conditions.
  Do not accept if any term is not understood or agreed upon.