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Terms and Conditions

Terms and Conditions

USER AGREEMENT: THE FOLLOWING TERMS AND CONDITIONS PERTAIN TO THE ON-LINE BUYING OF ITEMS. BY REGISTERING AND/OR PURCHASING ITEMS FROM THIS WEBSITE, YOU AGREE TO HAVE READ, UNDERSTOOD, AND ACCEPT ALL OF THE PROVISIONS SET FORTH HEREIN AND BELOW (COLLECTIVELY, THE “TERMS AND CONDITIONS”), ALL OF WHICH CONSTITUTE A USER AGREEMENT BETWEEN YOU AND KENTUCKIANA TRADING, LLC. IF YOU DO NOT AGREE TO ACCEPT THIS USER AGREEMENT, YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICES OR SITE. As noted throughout these terms and conditions, of all items are sold AS IS. Throughout these Terms and Conditions, the terms “you”, “your”, and “buyer” refer to you who accepts these Terms and Conditions. The terms “us” and “we”, “KT” and “Kentuckiana Trading” refer to Kentuckiana Trading, LLC.

EFFECTIVE DATE: These Terms and Conditions are effective as of January 1st, 2014. We reserve the right to periodically update these Terms and Condition at our discretion. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted.

  1. ELIGIBILITY AND REGISTRATION: The Kentuckiana Trading, LLC website is available only to individuals and entities that can form legally binding contracts under applicable law, and are not available to people under the age of 18.
    1. You represent and warrant that (i) all user information provided during registration is accurate and complete, and (ii) you will update such user information from time to time so that it is kept current, accurate and complete at all times. If you are registering with KT as a business entity, you represent that you have the authority to legally bind that entity. You are solely responsible for all conduct and transmissions that take place under your user name and password. KT may ask for additional information at any time to verify your registration information. KT may, in its sole and absolute discretion, refuse to accept or decide to cancel a party's registration.
  2. USER RESPONSIBILITIES: When using the KT website, you agree that you will not do any of the following:
    1. Violate any laws or the specific Rules or Policies of the KT website.
    2. Violate or infringe, or cause KT to violate or infringe, the intellectual property or other rights of any third party, including copyright, trademark, trade secret, privacy or other proprietary rights.
    3. Fail to deliver payment for items purchased by you
    4. Manipulate the price of any posted item, whether by bidding through a secondary account or other party, by communicating with other buyers, by shill bidding or by any other means. Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the KT website without the prior expressed written permission of KT. KT reserves the right to regulate all content provided by third parties on this website, but KT is not responsible for that content.
  3. TERMINATION OF USAGE: This Agreement is in force until terminated by either you or Kentuckiana Trading, LLC. Upon any termination of this Agreement, all obligations of either party set forth herein which relate to transactions by such party prior to such termination shall survive such termination and continue in effect, including, without limitation, the provisions of this Agreement.
  4. DISCLAIMERS: Kentuckiana Trading, LLC’s website contains accurate information to the best of KT’s knowledge however it is the sole responsibility of the buyer to form their own opinion of the condition, value and applicability for a specific purpose, all items are sold AS IS. KT reserves the right to refund any monies paid for items within 3 business days if the item purchased cannot be delivered. KT does not warrant that KT’s website or the functions, features or content on the KT website, will always be available, accessible, uninterrupted, and secure or operate without error.
  5. LIMITATION OF LIABILITY BETWEEN BUYER AND KT: FOR ANY TRANSACTION ON THE KENTUCKIANA TRADING, LLC. WEBSITE, BUYERS AGREE AS FOLLOWS:
    1. ALL ITEMS LISTED ON THE KT WEBSITE ARE SOLD "AS IS" WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS OTHERWISE EXPRESSLY SET FORTH IN THE TERMS OF SALE FOR SUCH ITEM AND LABELED AS A "WARRANTY". IN NO EVENT SHALL KT BE LIABLE TO BUYER FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY LOST REVENUE OR ANTICIPATED PROFITS, ARISING OUT OF OR IN CONNECTION WITH SUCH TRANSACTION. IN NO EVENT SHALL THE LIABILITY OF KT TO BUYER IN CONTRACT, TORT, OR OTHER THEORY FOR ANY SUCH TRANSACTION, EXCEED THE PURCHASE PRICE OF THE PURCHASED ITEMS. IF THE PURCHASED ITEM(S) HAS ALREADY BEEN RELEASED TO BUYER, NO CONSIDERATION WILL BE GIVEN TO THE LOGISTICS COSTS INCURRED BY BUYER FOR THE TRANSPORTATION AND STORAGE OF THE PURCHASED ITEMS.
  6. FEES: When you purchase goods on KT’S website, you have an opportunity to review and accept the fees that you will be charged, which we may change from time to time. KT may change its fees and penalties at any time; provided that no such change will affect any current listings on this website. Unless otherwise stated, all fees are quoted in U.S. dollars. You are responsible for paying all fees and penalties associated with using our service and our website as well as all applicable taxes.
    1. Buyers: There is no Buyer’s Premium Fee for goods purchased on our website, buyer agrees to pay the buy now price or the winning bid at an auction if the buyer is the winning bidder.
    2. Buyer Default Penalty: If the buyer or winning bidder for any Item does not make full payment in good funds of the purchase price within five (5) business days of the purchase, then KT may elect to do one of the following: (1) rescind the sale and retain the item, or (2) allow completion of the transaction and assess the buyer a late fee of 2% of the purchase price. KT reserves the right to bar the defaulting bidder from buying and/or bidding on this website. The defaulting bidder may be subject to other claims, damages or liabilities to the KT. KT reserves the right to use a collection agency to collect any outstanding penalties, and to report any unpaid payments to credit reporting agencies.
  7. RETRIEVAL OF PROPERTY:
    1. ALL ITEMS FOB ORIGIN
    2. You understand and agree that KT reserves the right to cancel any transaction or withdraw any and all property offered for sale up to the time the property is retrieved by the buyer. If a cancellation/withdraw occurs, our liability is limited to return of the purchase price paid for the item. We have no liability for specific performance, incidental or consequential damages. All items are to be retrieved by buyer from KT’s facility at 555 East Water Street; Borden, Indiana 47106, unless KT directs otherwise.
    3. KT (will provide free loading for all Items located at Borden Indiana, except when stated otherwise on the item description or by KT. In consideration for this “no cost” loading service, you agree to release KT, hold KT harmless and waive any and all claims, causes of actions, damages (including consequential damages or loss of use) or liabilities of any kind or nature, regardless of fault on KT’s part with regard to the loading service. Please note that KT does not package items prior to pickup. You need to make arrangements for packaging and shipping, however if you request assistance, KT will provide a quote for packaging and/or shipping.
    4. Items not located at Borden Indiana unless otherwise noted, items not located at KT’s Borden location will be loaded by the Buyer. You must provide all material handling equipment and any properly trained and certified operators needed to operate said equipment. Additionally, you must provide proof of adequate general liability insurance, and proof of worker's compensation insurance. KT must be listed as additional insured on the general liability insurance. Your employees or agents are responsible for compliance with all federal, state, local environmental, health and safety regulations while operating equipment on the site.
    5. You are responsible for any damages to property, including spills or releases of hazardous substances, which might occur during the removal process. Failure by you, your agent, anyone acting on your behalf, or anyone assisting or accompanying you, to clean up any releases or to repair any damages may result in your being banned from future participation in KT sales, and you may be reported to the appropriate authorities.
    6. Prior to removing property, you, your agent, or whomever retrieves the property for you (including third party shippers or freight carriers) will be required to sign for all material in the presence of a KT representative unless otherwise approved by an authorized KT representative.
    7. KT IS NOT RESPONSIBLE FOR ITEMS DAMAGED IN TRANSIT. All items are shipped “FOB origin” whereby the risk of loss transfers to the buyer when the items leave KT.
    8. You or your agents are responsible for property count and verification of items purchased at the time of removal. If the property is not acceptable for any reason, do not remove it.
    9. Removal Process: a Buyer must retrieve purchased items within 10 days of being notified that funds have been received and Item is ready for retrieval, items not retrieved in this time frame will be categorized as abandoned and shall result in the forfeit of the item, this shall be at KT’s discretion.
    10. We will retain as liquidated damages monies paid by you for property that is abandoned for failure to remove in a timely manner as noted in section 7
    11. Under no circumstances will title to any property pass to the buyer until payment (including payment of any fees due to KT above the sale price) in full has been made to KT.
  8. TRANSFER OF TITLE WHERE THERE IS A STATE-ISSUED CERTIFICATE OF TITLE: If you purchase an item that requires a transfer of a state issued certificate of title, you must be present in person to complete the certificate of title. You must present KT with a state-issued form of identification and any information necessary to complete the transfer of the title certificate. You must also provide KT with proof of insurance for the item. Any time limits under these Terms and Conditions may be modified at KT’s discretion to procure any releases necessary to transfer the certificate.
  9. BIDDING AND SHOPPING CART POLICY AND PROCEDURES FOR STORE AND AUCTION ON OUR WEBSITE: The sections that pertain to auction features may not be applicable at this time, and are noted, the bidding procedures set forth below are the rules that govern this website.
    1. Shopping Cart Procedures for online Buy Now Transaction: In the Buy Now, buyers may purchase an item at a fixed price that is published with the listing. For any completed sale, the fixed price is disclosed
    2. Open Auction Format: bidders are invited to submit bids for listed items prior to the set ending time for the sale. Bidders can only submit market leading bids and they may not submit bids that include changes to the terms of sale. The current bid amount, next bid required and a detailed bid history for the lot is displayed to the public. For any completed auction, the winning bid is displayed, but the winning bidder's identity is not publicly disclosed on our website.
    3. How auction extension works: Every listing that uses an auction format will have a bid extension interval. This interval will typically be set at 5 minutes; this is subject to change without notification. Any market leading bid placed within the bid extension interval just before an auction's scheduled ending time will cause the auction's ending time to be extended. The new closing time will be established by adding the bid extension interval to the time of the market leading bid. There is no limit to the number of times an auction may be extended in this situation.
    4. How bid selection works: Every auction uses one of two possible bid selection methods.
      1. Auto Bid Select: With Auto Bid Select, the highest auction bid at the conclusion of an auction is automatically accepted by the seller. Regular bid is our default.
      2. Auto Bid Select with Reserve: An Auto Bid Select auction listing may employ a published reserve price. If a reserve price is published for an auction, the seller is not obligated to sell for any bid received below that reserve price. If the highest auction bid is at, or above, the reserve price, the highest auction bid will be automatically selected as the winning bid. There is a field to add a reserve bid price.
      3. In each method, once a winning bid is identified, that bidder will be promptly notified via email by Kentuckiana Trading, LLC, at which time the winning bidder is obligated to complete the transaction.
      4. How the maximum bid (or “Max Bid”) function works: When a bidder enters a maximum bid, our “auction engine” will automatically place bids on behalf of the bidder until either the bidder is the highest bidder (by the required published increment), or the bidder’s maximum bid has been reached, whichever comes first.
      5. Changes to a listing after auction commences: Once an auction has started, if inaccuracies are identified in a listing they will be corrected, however, the auction will be terminated and subsequently re-listed as appropriate.
      6. Opening bids: The seller is permitted to provide an opening bid for any auction.
      7. Non-retractable bids: Bids are not retractable except in extraordinary circumstances such as when a clear typographical error is made. Bidders should carefully review their bids prior to submitting them.
      8. Binding bids: Bids made by bidders on listed items are binding. At the end of an auction, the winning bidder is obligated to complete the transaction. Bidders agree that bidding for items listed for sale on this website is the legal equivalent of a firm purchase order.
      9. Void bids: KT reserves the right to reject or void any bids which KT believes have not been made in good faith, are intended to manipulate the auction process, or are prohibited either by applicable law or the listing terms for such auction.
      10. Technology Malfunction: If a technology malfunction materially affects the outcome of an auction, KT reserves the right to void the auction any time prior to the scheduled ending time.
      11. Fair bidding and listing practices: Sale price manipulation of any kind by users is strictly prohibited, including, without limitation, bidding through a secondary account or other party, by communicating with other buyers, or by shill bidding. Buyers who do not act in good faith or otherwise subvert the integrity of the KT’s product on this website are subject to suspension or termination.
      12. Collection of statistics on buyer performance: As part of Kentuckiana Trading, LLC's monitoring of the marketplace, KT may collect statistics on each buyer's shopping and bidding activities to determine such buyer's performance history on this website. Such statistics may include the number of completed transactions by a buyer, failures or late funding of the purchase price, and taking late delivery of purchased goods
      13. Pre-qualified bidder auctions: Sellers may choose to limit a designated auction to pre-qualified bidders who will be required to place a specified amount on deposit with Kentuckiana Trading, LLC. Prior to the auction start; bidders may be required to pay this deposit amount to KT by credit card or other approved methods. Only pre-qualified bidders will be allowed to place bids during the auction. At the end of the auction, if deposits were provided, KT will promptly cancel the deposit charge on the credit cards of the bidders who did not win the auction. If the winning bidder for an auction defaults by failing to pay the agreed purchase price and other fees, the deposit amount of such bidder will be forfeited and the seller may exercise such other rights and remedies as are available under applicable law. In the event of such default, to the extent that the Default Penalty described above exceeds the deposit amount, KT will be authorized to charge such excess amount on the defaulting bidder's credit card.
  10. Dispute Resolution: If a dispute arises as to this agreement both parties agree to first make good faith efforts to informally resolve the dispute. These Terms and Conditions shall be interpreted in accordance with, and subject to the laws of, the State of Indiana without regard to conflict of law analysis. If a party seeks relief from a court of law concerning a transaction with KT, such action shall be brought in the forum of the courts of Clark County, Indiana, or, if relief is sought in federal court, in forum of the Federal District Court for the Southern District of Indiana, New Albany Division. All parties hereby submit to the jurisdiction of these courts/forums. Additionally, buyer is responsible for any costs, attorney’s fees, and consequential damages incurred by KT for prosecuting or defending a claim that arises out of a dispute.
  11. Contact Information
    1. Name: KENTUCKIANA TRADING, LLC.
    2. Website: www.kentuckianatrading.com
    3. Shipping address: 555 E. Water Street • Borden, IN USA 47106
    4. Mailing Address: PO Box 278 • Borden, IN USA 47106
    5. Primary Phone # (812) 967-2002
    6. Fax # (812) 967-2001
    7. Customer Service E-mail: customerservice@kentuckianatrading.com
    8. Shipping E-mail shipping@kentuckianatrading.com
    9. General Managers E-mail rickk@kentuckianatrading.com

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