Lot # : 5814 - *Highlight* 1890 General James 'Birdseye' McPherso

TERMS AND CONDITIONS OF THE AUCTION By registering to bid or placing a bid you agree to be bound by all of these terms & conditions and any other announced terms and conditions of sale or rules of the site. High and low estimates are provided solely for the convenience of the Buyer and Key Date Coins makes no warranties of any kind relating to them. All lots are sold “AS-IS” and All sales are Final. No credit card charge backs will be accepted, No Exceptions. All Internet Bidders agree to pay a buyer’s premium equal to eighteen Percent (18%) of the hammer price of each item they purchase. Payment of the winning bid amount, buyer’s premium and shipping/handling charge will be made at the time the auction is reconciled by Key Date Coins using the credit card on file. In consideration of Key Date Coins' approval of the application of the Bidder to bid in Key Date Coins’ auction, Bidder hereby authorizes Key Date Coins to charge the credit card provided by Bidder as specified herein. A $50 handling fee will be assessed for each declined credit card transaction and Bidder agrees to such charge. Requests for other payment arrangements will only be considered prior to the opening of bidding in any auction. Key Date Coins guarantees all coins to be genuine. If after receiving the coin, a buyer questions the genuineness of a coin, the buyer has 10 days from receipt of the coin to return the coin to Key Date Coins. The coin must be in the original holder and holder must not have been opened. Key Date Coins will determine if the returned coin is the actual coin sold. Key Date Coins will ship the coin in question to PCGS or NGC, at Key Date Coins discretion, for determination if the coin is genuine or not. The buyer is responsible for all costs associated with grading and shipping if the coin is deemed genuine by PCGS or NGC. If coin is deemed not genuine, Key Date Coins will refund purchase price of coin and shipping and grading costs. Genuineness of a coin refers to the authenticity of the coin. That the coin is the denomination stated, made of the metal such coin was made of and minted by the proper minting authority in the year stamped on the coin. Genuineness specifically does not include the grade of the coin. Coin grading is a subjective description in the opinion of the cataloguer or third party grading service. It is the bidder’s responsibility to determine condition and value of the coin or lot. We DO NOT guarantee coin grades on any of our lots. Please study photos carefully and Video during the auction as well as asking questions before bidding. We may be reached at 856-685-9848 prior to the auction M-F 9am-5PM EST. Key Date Coins may attempt to describe coins in advertising, on the internet, and during the auction. Any description referring to coin grade or condition is completely the subjective opinion of Key Date Coins and Key Date Coins makes no express or implied warranties based on the subjective descriptions of any coins being sold. Key Date Coins does guarantee the authenticity of all coins being auctioned, but in no way guarantees the condition or grade of any coin being auctioned regardless of any subjective opinion put forth by Key Date Coins. It is the buyer’s sole responsibility to be the judge of the coins grade/condition by the pictures/video provided. Buyers are further encouraged to contact Key Date Coins with any questions prior to the start of the auction. Internet bidders acknowledge that they are not able to inspect the lots beyond photo and or video examination and additionally by questions put to Key Date Coins by telephone prior to the auction, and that such examination is not as good as if they examined it in person. It is the Bidder’s responsibility to determine condition, value or any other determinative factor. Key Date Coins shall endeavor to describe in detail each item and any pertinent information about it. Key Date Coins 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 item itself. Material misrepresentation specifically excludes coin grading. Bidder agrees that everything is sold as is and that they may not return any item they purchase for any reason except an intentional and material misrepresentation of the item itself made by Key Date Coins. Bidder’s sole remedy in the event of an intentional and material misrepresentation of an item shall be to return the item, at their expense and in the same condition it was shipped to them. If Key Date Coins agrees that the item was materially and intentionally misrepresented we will refund the Bidder’s purchase price to him/her. 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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. If any dispute occurs between Buyer and Key Date Coins that cannot be resolved, then the parties agree to the rules, regulations and procedures of the dispute resolution described herein and agree to the following procedures for resolution of the dispute: If either party alleges that the other party is in default under this agreement, then the dispute or allegation shall be submitted to binding arbitration in the State of New Jersey. Key Date Coins shall select a neutral arbitrator. The arbitration process shall be initiated by either party requesting arbitration which must be served upon the other party by certified mail. Failure to participate in the arbitration is a default. Each party shall simply present their case (limited to a maximum of one hour for each party) to the arbitrator. The parties agree and acknowledge that they are completely waiving their rights to have the dispute heard in a court of law. The parties agree that the arbitrator shall have complete jurisdiction over the dispute and can issue an award to the prevailing party. Arbitration fees shall be paid by the party not prevailing in the dispute or as seen fit by the arbitrator. Any award determined by the arbitrator shall be binding and the prevailing party shall be awarded full reimbursement of its actual paid fees in connection with the dispute. By signing up to participate in a Key Date Coins auction, Bidder specifically agrees to the dispute resolution specified in the foregoing paragraph as Bidder’s sole means to resolve any and all disputes which may arise with Key Date Coins. By doing so Bidder specifically agrees that Bidder will not file a dispute of any kind with a credit card, PayPal or any other third parties. In the event that Bidder violates this provision, in consideration of Key Date Coins’ approval of the application of the Bidder to bid in Key Date Coins’ auction, Bidder confesses judgment to fraud having been committed by Bidder against Key Date Coins and further agrees that Bidder is liable to Key Date Coins for all damages, losses and costs, including time charges, resulting. 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. There are no provisions for the placing of bids to "mark the lot" or to "test the system", etc. and any requests to cancel bids on these bases, or due to a Bidder not reading a listing, not being familiar with the bidding platform, not doing proper due diligence or failing to maintain proper control over Bidder’s bidding terminal, will be denied. Such requests to cancel bids are null and void and will not excuse Bidder from Bidder’s legal and contractual obligation to complete a transaction. If you are the successful Bidder, you agree to pay the amount of your bid plus all applicable taxes and charges in the time and manner designated by the Key Date Coins. Failure to make such payment shall be deemed to be a breach of these general terms and conditions, and, in addition to all other rights and remedies Key Date Coins may have under applicable law, you will be charged a re-stocking fee on transactions equal to (a) 25% of the amount of your invoice, plus $25; or (b) the cost associated with re-marketing and re-selling the lot, whichever is greater. Bidder is responsible for any and all costs associated with collection of amounts owing from the Bidder, until collected; and Key Date Coins reserves the right to bill and collect any such costs from Bidder. Costs associated with collection may include, but are not limited to, time charges, incidental expenses, attorney fees and costs associated with the use of a collection agency. The winning Bidder’s failure to complete the purchase in accordance with the terms provided herein and in the listing will cause the Bidder to be faced with all, or any combination of the following measures: elimination of all future bidding privileges on the hosting site; credit agency reporting; legal and/or collection action. These terms and conditions and each listing contain all of the provisions applicable to the agreement between Key Date Coins as seller and each Bidder. The provisions of these terms and conditions and of each listing supersede all other agreements, representations or understandings, whether prior or contemporaneous, oral or written, between the parties concerning that subject matter. These terms and conditions and provisions of each listing shall be binding on Buyer’s heirs, beneficiaries, executors, successors and assigns. If any provision of these terms and conditions or of any listing be void, unlawful or unenforceable under applicable law, that provision shall be modified to the minimum extent possible to comply with applicable law, or if modification is not possible, deleted and severed from the remaining provisions. Any such modification, deletion or severing shall not affect the enforceability or validity of any of the remaining provisions Key Date Coins is providing Internet pre-auction and live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Key Date Coins or anyone else if the Internet service fails to work correctly before or during the live auction. Key Date Coins 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 pre-bidding feature and leave their maximum bid 24 hours before the auction begins. Key Date Coins reserves the right to withdraw or re-catalog items in this auction. The auctioneer shall advance the bidding at his own discretion. Key Date Coins may withdraw any item before or during the auction. Should a tie or a dispute arise between two bidders, the auctioneer may, at his discretion, reopen the bidding until the property is sold. The record of the auction made by Key Date Coins shall be conclusive. Key Date Coins may refuse a buyer’s number to anyone for any reason. Bidder agrees to provide any identification Key Date Coins may request including but not limited to: drivers license, photocopies of credit cards, Social Security card or US Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items. We want to make your auction experience with Key Date Coins as pleasant and pleasing as possible. If you have questions about the merchandise, the time to ask questions is well in advance of the live auction. No returns are allowed. Thank you for bidding with Key Date Coins. We always accept coin consignments. Please contact us with any questions or consignments. 856-685-9848