By bidding on or purchasing items from DNA Auctions, you and we agree to the following terms and conditions:
1. Description and Valuation
Any descriptions, photographs, or valuations that we provide are made in good faith and using all reasonable efforts as to accuracy but are intended for general guidance only. Any estimated values we provide are based on estimates of what similar items may be priced. Accordingly, the descriptions do not constitute a warranty or guarantee of value, quality, authenticity, condition, or suitability for any purpose. You are encouraged to ask questions, perform your own due diligence, and, if needed, request additional information before purchasing. If you wish to see additional photos or detail on any item up for auction, we will provide additional photos.
2. "As-Is" Sale
All items are sold "as is". We warrant that we have full rights to sell all merchandise we put up for auction or sale, but we give no other guarantees or warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose. You acknowledge that you are purchasing the items based solely on your own evaluation and not on any representations or estimated values provided by us.
3. Bidding and Payment
All bids are binding, and the highest bid at the close of the auction constitutes the purchase price. We reserve the right to cancel or reject any bid suspected to be fraudulent or in bad faith. In addition to the actual cost of shipping and insurance, we will charge a nominal per item handling fee.
4. Shipping and Delivery
Multiple items purchased together will be shipped together to reduce shipping charges. You are responsible for providing an accurate shipping address. We are not liable for delays, non-delivery, or additional shipping costs arising from incorrect or incomplete address information. All items are shipped with tracking .All high value packages(packages in excess of $500) will require a signature upon delivery. We are not responsible for any item that is lost after delivery by the carrier, or for packages that have been received by the carrier.
5. Claims for Damaged or Lost Items
Claims for items that are damaged during shipment must be made in writing to us within 7 days of receipt, accompanied by photographic evidence of the damage. Claims for lost shipments must be made within 7 days of the expected delivery date.
6. Dispute Resolution
We will use all reasonable efforts to resolve any problems or disputes related to any sale or auction. However, if you and we cannot reach any amicable resolution, the dispute will be litigated exclusively in the state or federal courts located in Omaha,NE. BOTH PARTIES WAIVE THEIR RIGHTS TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW. These terms and conditions will be governed by and construed in accordance with the laws of the State of Nebraska.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OF ITEMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU (EXCLUDING SHIPPING AND HANDLING FEES AND TAXES) FOR THE ITEM THAT GAVE RISE TO THE CLAIM. WE WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, UNDER STATUTE, OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES HOWSOEVER ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS WHETHER OR NOT WE WERE ADVISED IN ADVANCE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
8. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and us concerning the transaction. No other verbal or written statements or agreements outside of these terms and conditions will be recognized