CONTACT / POLICY PAGE
FOR PURCHASE OR INQUIRIES CONTACT ED AT: email@example.com
** I have had several incidents where e-mail was not received when sent via the web site, if you do not hear back from me within two days, please copy and paste this address into your browser: firstname.lastname@example.org or try Yakiba.email@example.com
PHONE CONTACT: 318.613.6375
(WE ARE LOCATED IN THE CENTRAL TIME ZONE, PLEASE CHECK TIMES PRIOR TO CALLING)
Welcome to YAKIBA, The Tempered Edge.
Allow me to introduce myself, my name is Ed Marshall. I have been involved in the study and collection of Japanese swords for a number of years. As with many collectors I was first introduced to the Japanese Sword through the Martial Arts.
It was love at first sight, and I have maintained a steady affair
with my lust for Nihonto and Tosogu ever since.
I would like to acknowledge a debt of gratitude to my good friend and mentor Marine Corp Aviator, Colonel Dean Hartley (8/3/1920-3/20/2010). Dean was one of the senior collectors in the US, with a history of Nihonto study and collection which spanned well over fifty years. Dean was instrumental in forming almost every sword club in the US, and was President Emeritus of the JSS/US up until his death on March 19, 2010. Over the years the Col. treated me like a son, sharing his incredible knowledge as well as opening his vast collection for my study. He is gone but not forgotten.
To provide quality Japanese Swords, Fittings and Related Art.
Our primary emphasis here at Yakiba is Antique Japanese Swords or Nihonto, and Antique Sword Fittings or Tosogu.
Other facets of Art, such as Yakimono, Kakemono, etc. will be offered when available.
Shinsakuto or modern made Japanese Swords will be clearly marked and offered on the Nihonoto pages when available.
Per the request of the Martial Arts community, I have agreed to maintain one page of Training Weapons. This page will offer a limited number of functional reproduction weapons, all of which have been tested and proven to hold up under rigorous training.
BUYERS MUST BE EIGHTEEN YEARS OF AGE TO PURCHASE.
RISK OF LOSS: BUYER ASSUMES ALL RISK IN THE EVENT OF LOSS OR DAMAGE. AS SUCH, INSURANCE IS REQUIRED TO BE PURCHASED BY THE PURCHASER TO COVER THE FULL VALUE OF THE ITEM.
WITH EXCEPTIONS, ALL ITEMS SHALL RECEIVE A THREE DAY INSPECTION PERIOD WITH MONEY BACK IF THE ITEM IS NOT AS DESCRIBED BY THE WRITTEN AND PHOTOGRAPHIC DESCRIPTIONS PROVIDED. SEE EXCEPTIONS BELOW (*).
BUYER(S) THROUGH THE ACT OF PURCHASE, AGREE THAT ONCE THE THREE DAY INSPECTION PERIOD HAS PASSED, THERE IS NO FURTHER GUARANTEE OR WARRANTY GIVEN OR IMPLIED.
REFUNDS SHALL BE MINUS ALL SHIPPING / HANDLING, INSURANCE FEES PLUS 10% OF THE SELLING PRICE.
A 10% DEPOSIT IS REQUIRED FOR ITEMS TO BE PLACED ON HOLD.
DEPOSITS ARE ACCEPTED "IN LIEU OF PAYMENT". DEPOSITS SHALL BE FORFEITED IN THE EVENT OF RETURN OR DEFAULT OF PAYMENT BY THE BUYER, REGARDLESS OF THE REASON.
ALL PHOTOGRAPHS OF ITEMS OFFERED FOR SALE BECOME THE SOLE PROPERTY OF YAKIBA. BY THE ACT OF PURCHASE BUYERS UNDERSTAND AND AGREE THESE PHOTOS MAY BE USED IN ANY CAPACITY AND AT ANY TIME AFTER THE SALE BY YAKIBA.
THERE WERE AND ARE SEVERAL INSTITUTIONS WHICH PROVIDE THEIR SERVICES FOR "AUTHENTICATION" OF SIGNATURES FOUND ON JAPANESE SWORDS, FITTINGS, ARMOR AND OTHER FORMS OF ART. THESE INCLUDE BUT ARE NOT LIMITED TO THE NBTHK, NTHK (X 2), NIHON TO TOSOGU KYUKAI, FUJISHIRO, ETC. IN THE LISTINGS THESE SHALL ALL BE REFERRED TO COLLECTIVELY AS "PAPERS".
* EXCEPTIONS *
* ITEMS PURCHASED UNDER A "TERM PAYMENT" AGREEMENT, SHALL BE FINAL.
* ITEMS SOLD AS PART OF A "SALE" OR SPECIAL OFFER ARE FINAL, WITH NO RETURNS AND NO WARRANTY OR GUARANTEE GIVEN OR IMPLIED.
* ITEMS SOLD AT A REDUCED, OR "BEST PRICE" PER BUYERS INQUIRY OR REQUEST ARE FINAL, WITH NO RETURNS AND NO WARRANTY OR GUARANTEE GIVEN OR IMPLIED.
* ITEMS SOLD OR SHIPPED OUTSIDE THE USA SHALL BE FINAL.
Buyers will receive a three day inspection period, but only in regards to serious or fatal flaws which were undisclosed in either the write up, or photographs !
In regards to swords within the $5000 USD or less price range. As is the case with most swords within this price range, they are subject to being somewhat less than perfect. Swords which are perfect and completely flawless are much more expensive and may be found in the higher price ranges. As a result of centuries of polishing, handling, battle, neglect, etc., etc., NOT ALL, but some swords will have minute flaws. These minute flaws may include, but are not limited to, light scuffs, slight bends, hike kizu or surface scratches, kitte ware, hada ware, small chips, etc. Personal preference, budget, etc., determine what may or may not be acceptable to any particular individual. Contrary to the beliefs of some, minor flaws do not prevent a sword from receiving papers. Minor flaws may result in a swords price being related to the severity of the flaw, which is good for the budget buyer.
Detailed photos are provided of every inch of every sword for your scrutiny.
Fatal flaws such as Hagire are another thing entirely. I make every effort not offer swords with serious or fatal flaws !! On the rare occasion that I may offer a sword with a fatal or serious flaw, it will be clearly defined in the write up and photographs.
Please take your time, look closely at the photographs, read the information carefully, including the policy page, ask questions and decide for yourself if it is right for you.
High quality Japanese Swords are very expensive. Swords in the low end price range are offered as a courtesy to those who for whatever reason can not afford or are unwilling to pay for higher quality items. These swords are old (hence the term antique), and as such are rarely in pristine condition. Even higher quality, more expensive swords will in most instances have small kitte ware, etc. The difference being that seasoned collectors know, and understand this fact, accepting the antique for what it is. Please look closely at the photographs, read the information carefully and decide for yourself if it is right for you. If you are looking for a sword which is in better condition, they may be found in the higher price ranges.
All items are sold as advertised through written and photographic description. Items are described to the best of our ability, and all information is assumed correct but not guaranteed. Measurements of swords and especially fittings are done to the best of our ability, however small discrepancies may arise when comparisons are made. Therefore size measurements shall be considered approximate and not guaranteed unless the difference is greater than 1.0" (2.5cm) for swords, and 0.125" (0.3175cm) for fittings.
There were many instances where swords, fittings and various art items were falsely signed (Gimei). No guarantees shall be made in regards to attributions of items signed or unsigned, papered or unpapered. Please note, this includes items accompanied by authentication papers from any accredited institution including but not limited to the NBTHK, NTHK, FUJISHIRO, ETC.. While universally accepted, most authentication papers are an educated opinion and are not guaranteed by the issuing body. YAKIBA will assume no responsibility or liability for mistakes by any issuing institution, and any dispute which should arise in this regard must be resolved directly with the issuing institution.
In regards to signed/inscribed items seen on this website, with or without papers. Available information on a name found inscribed on the item shall be provided as a courtesy only. This information is neither a guarantee, nor an opinion in regards to the authenticity of the signature. It is merely a translation of the inscription "as is". Information, if available regarding the period, school or maker whose name is found inscribed on items may also be provided, again as a courtesy only. It is the sole responsibility of the buyer to do his/her own research in order to formulate their own opinion and make an educated decision in regards to whether or not whether or not any and all information provided for any item, and related to any given period, school, style of workmanship or maker is accurate or erroneous.
and make every attempt to be absolutely correct in our representations and
translations. Please note however, that Japanese is not our native language.
Many native Japanese misinterpret the kanji found in sword and fittings
inscriptions. Therefore, Yakiba will not assume any responsibility or liability
in any misinterpretation or erroneous information or translations. Therefore, in regards to
signatures, inscriptions, and information, all items are sold "as is".
Buyer(s) through the act of purchase of any item listed by Yakiba.com, or MARSHALL PROPERTIES, LLC., heretofore, referred to as Seller, do hereby waive, relinquish and release Seller from any and all liabilities which may arise from any transaction past, present or future which includes seller in any capacity. Buyer(s) acknowledges through the act of purchase of any item listed by Yakiba.com, or MARSHALL PROPERTIES, LLC., that said buyer has read, understands, accepts and agrees to any and all terms provided herein.
Again, in order to prevent complications,
please inspect the photographs, read the listing, ask questions, do any and all
research you deem necessary prior to purchase. Above all,
please make an educated decision prior to purchasing. At the very least make a
decision that you can live with.
PAYMENT IS DUE IN FULL WITHIN TEN BUSINESS DAYS OF AGREEMENT TO PURCHASE.
CASHIERS CHECK, PERSONAL CHECK, MONEY ORDER, WIRE TRANSFER OR PAYPAL (SEE BELOW).
Note: Personal checks are accepted, but not recommended. If lost in the mail they cannot be traced.
Postal Money Orders, Paypal and Wire Transfers are by far your safest and fastest methods.
YAKIBA WILL NOT ASSUME ANY RESPONSIBILITY OR LIABILITY IN REGARDS TO PAYMENTS NOT RECEIVED. PAYMENTS NOT RECEIVED FOR ANY REASON SHALL BE CONSIDERED AS NON PAYMENT.
I REQUIRE BANK WIRE TRANSFERS, NO EXCEPTIONS, (UNLESS PRIOR ARRAIGNMENTS HAVE BEEN MADE). WIRE TRANSFERS ARE SAFE, SECURE AND ULTIMATELY RESULT IN YOUR ITEM BEING SHIPPED SOONER.
PAYPAL: PAYPAL IS ACCEPTED, HOWEVER THE BUYER IS RESPONSIBLE FOR THEIR FEES. PAYPAL IS A SAFE AND FAST METHOD OF PAYMENT, AND ON SMALLER SUMS IT IS CHEAPER THAN BANK WIRE TRANSFERS. PRIOR TO SENDING A PAYPAL PAYMENT, PLEASE CONTACT YAKIBA FOR CONFIRMATION OF THE TOTAL AMOUNT. PAYPAL FEES ARE AS FOLLOWS, 3% DOMESTIC (USA) AND 4% INTERNATIONAL (ANYWHERE OUTSIDE THE USA). PAYPAL FEES ARE NON REFUNDABLE IN THE EVENT OF A RETURN.
ALL FORMS OF PAYMENTS ARE REQUIRED TO BE RECEIVED INTO MY ACCOUNT PRIOR TO SHIPPING.
FYI: CHECKS AND MONEY ORDERS AND EVEN PAYPAL (INTERNATIONAL) CAN TAKE UP TO THIRTY DAYS TO CLEAR. WIRE TRANSFERS TYPICALLY REQUIRE 3-7 BUSINESS DAYS.
DEPOSITS ARE ACCEPTED "IN LIEU OF PAYMENT". DEPOSITS SHALL BE FORFEITED IN THE EVENT OF DEFAULT OF PAYMENT BY THE BUYER, REGARDLESS OF THE REASON.
PAYMENTS SHOULD BE SENT TO:
PO BOX 356
TIOGA, LA. 71477
ALL ITEMS SHALL BE SHIPPED PER UNITED STATES POSTAL SERVICE (USPS) UNLESS UNAVAILABLE .
THERE WILL BE NO INTERNATIONAL SHIPMENTS USING UPS.
BUYER ASSUMES ALL RISK OF LIABILITY IN THE EVENT OF LOSS OR DAMAGE. YAKIBA CAN NOT BE RESPONSIBLE FOR ITEMS ONCE THEY HAVE BEEN PLACED IN THE CARRIERS POSSESSION.
YAKIBA MAKES EVERY EFFORT TO PACK YOUR ITEM THOROUGHLY TO PREVENT DAMAGE. TO ENSURE THIS WE USE NEW BOXES, PLASTIC BUBBLE WRAP, STYROFOAM PEANUTS, QUALITY PACKING TAPE, FRAGILE STICKERS, ETC. HOWEVER, WE ARE ONLY HUMAN AND DAMAGE DURING HANDLING IS A POSSIBILITY, WHICH IS WHY WE REQUIRE INSURANCE FOR SHIPPING (SEE SELLING POLICY).
PLEASE NOTE: DUE TO MY MINIMAL MARK-UP
ON ITEMS YAKIBA'S PRICES DO NOT INCLUDE SHIPPING, HANDLING OR INSURANCE. YOU
WILL BE CHARGED ACTUAL SHIPPING FEES, INSURANCE COSTS . THERE IS A $10
PACKING FEE TO COVER THE COSTS OF NEW BOXES AND PACKING MATERIALS ,IE;
BUBBLE WRAP, FOAM PEANUTS AND TAPE (NO, I DON'T GET THESE MATERIALS FREE).
CAREFUL PACKING COMBINED WITH NEW, QUALITY MATERIALS, ENSURE THE SAFEST DELIVERY
OCCASIONALLY YAKIBA OFFERS PROMOTIONAL SALES DISCOUNTS.
THESE DISCOUNT PRICES ARE FOR ITEMS PAID IN FULL WITH A ONE TIME PAYMENT ONLY, NO EXCEPTIONS.
SALE PRICES ARE NOT OFFERED, IMPLIED OR INCLUDED ON CONSIGNMENT ITEMS OR TERM PAYMENT AGREEMENTS.
ITEMS SOLD AS PART OF A "SALE" OR SPECIAL OFFER ARE FINAL.
YAKIBA, A SUBSIDIARY OF MARSHALL PROPERTIES, LLC., HEREBY REFERRED TO AS CONSIGNEE, ACCEPTS CONSIGNMENTS UNDER THE FOLLOWING CRITERIA:
1. ALL TRANSACTIONS SHALL BE IN US DOLLARS, NO EXCEPTIONS.
2. ALL ITEMS ARE SUBJECT TO A 20% COMMISSION FEE OF THE FINAL SELLING PRICE, OR THE MINIMUM LISTING FEE PER ITEM, WHICHEVER IS HIGHEST (FEES WILL NEVER BE LESS THAN THE LISTING FEES DESCRIBED IN PARAGRAPH 3B) ANY ADDITIONAL FEES INCURRED RELATED TO THE SELLING OF THE ITEM AT OWNERS REQUEST SHALL BE PAID FOR BY OWNER.
3. THERE WILL BE A STANDARD NON REFUNDABLE LISTING FEE PER ITEM IN THE EVENT THE ITEM DOES NOT SELL (SEE 3A, 3B, FOR DETAILS)
3A. FEES ARE AS FOLLOWS; $200 PER SWORD, $500 PER SUIT OF ARMOR, $150 FOR KABUTO OR MENPO AND $50 PER TSUBA, PAIR OF MENUKI, OR FUCHI / KASHIRA. ALL OTHER ITEMS MUST BE DISCUSSED PRIOR TO ACCEPTANCE. PARTIAL PAYMENTS ARE NOT ACCEPTED.
3B. PLEASE NOTE: THE LISTING FEE APPLIES ONLY IF YOUR ITEM DOES NOT SELL OR IF YOU WOULD LIKE IT RETURNED PRIOR TO IT'S SALE. THESE FEES COVER THE COST OF MY TIME TO PHOTOGRAPH, EDIT/RESIZE PHOTOS, RESEARCH , WRITE DESCRIPTIONS AND LIST YOUR ITEM TO THE BEST OF MY ABILITY. THIS CAN TAKE APPROXIMATELY 2-10 HOURS WORK, DEPENDING ON THE INDIVIDUAL PIECE.
4. BY ACT OF OFFERING AN ITEM FOR CONSIGNMENT, CONSIGNOR HEREBY GUARANTEES THAT THE ITEM LEGALLY BELONGS TO THEM WHOLLY OR CONSIGNOR HAS POWER OF ATTORNEY IN REGARDS TO SELLING SAID ITEM. ANY AND ALL ITEMS OFFERED FOR CONSIGNMENT MUST BE FREE FROM LIENS, JUDGMENTS OR ENCUMBRANCES OF ANY KIND.
5. FOR CONSIGNMENT ITEMS TO BE ACCEPTED, CONSIGNOR MUST AGREE TO A ONE YEAR MINIMUM LISTING TIME. THE MANDATORY ONE YEAR TERM SHALL START THE FIRST DAY THE ITEM IS LISTED AND AVAILABLE TO THE PUBLIC ON THE WEB SITE. SENDING AN ITEM TO YAKIBA FOR CONSIGNMENT SALE SHALL CONSTITUTE ACCEPTANCE OF THE POLICIES CONTAINED HEREIN AND SHALL BE CONSIDERED IN EFFECT UPON RECEIPT OF THE ITEM BY YAKIBA. NO MAXIMUM TIME LIMITS SHALL BE IMPOSED. CONSIGNMENT LISTINGS MAY BE TERMINATED AFTER THE ONE YEAR MINIMUM, BY WRITTEN NOTIFICATION, WITH THE FOLLOWING EXCEPTIONS: 1. IF THE SALE IS IN ACTIVE PROCESS IE; IF PAYMENT HAS BEEN SENT OR RECEIVED FOR A CONSIGNED ITEM AND IS AWAITING ARRIVAL OR CLEARANCE INTO MY BUSINESS ACCOUNT, IT SHALL BE CONSIDERED SOLD AND SUBJECT TO THE TERMS OF THIS AGREEMENT. 2. IF A DEPOSIT HAS BEEN ACCEPTED AND THE POTENTIAL SALE IS WITHIN THE AGREEMENT TERMS. IN THE EVENT OF TERMINATION OF LISTING AFTER THE ONE YEAR MINIMUM REQUIREMENT, ANY FEES INCURRED SHALL BE PAID PRIOR TO THE RETURN OF CONSIGNED ITEM(S).
6. YAKIBA CONSIGNMENT SALES SHALL FALL UNDER THE SAME "SELLING POLICIES" AS LISTED ABOVE. ONCE THE INSPECTION PERIOD, IF OFFERED, HAS ELAPSED, NO FURTHER GUARANTEE OR WARRANTY SHALL BE GIVEN, HONORED OR IMPLIED. NO ITEM WILL BE ACCEPTED FOR RETURN WITHOUT PRIOR NOTICE AND AGREEMENT (see return policy). IN THE EVENT THAT AN ITEM IS ACCEPTED FOR RETURN, IT MUST BE RETURNED IN EXACTLY THE SAME CONDITION AS SENT. BUYER IS RESPONSIBLE FOR ITEM UNTIL RETURNED ITEM IS RECEIVED. CONSIGNEE, YAKIBA RESERVES THE SOLE RIGHT IN DETERMINATION OF RETURNED ITEMS CONDITION.
7. WHILE LISTED ON THE "YAKIBA" WEB SITE, CONSIGNOR AGREES TO GRANT YAKIBA AND ITS OWNER OR AGENT THE EXCLUSIVE RIGHT OF REPRESENTATION FOR SALE. ANY VIOLATION OF THIS CONDITION SHALL CONSTITUTE A BREACH OF CONTRACT, AND SHALL RESULT IN YOUR ITEM BEING REMOVED FROM THE WEB SITE AND FORFEITURE OF YOUR LISTING FEES. IF ANYONE OTHER THAN YAKIBA SELLS THE ITEM WHILE LISTED FOR SALE ON THE WEB SITE, THE CONSIGNOR AGREES TO PAY THE FULL 20% COMMISSION PER THE EXCLUSIVE LISTING AGREEMENT.
8. THE ASKING PRICE, AS WELL AS THE ACCEPTANCE OF ANY OFFERS WILL BE THE CONSIGNOR'S (OWNER) SOLE DECISION. YAKIBA SHALL REMAIN NEUTRAL IN THIS REGARD AND ACT AS ONLY AS A MEDIATOR FOR PRESENTATION OF CONSIGNMENT ITEMS AND RESPECTIVE OFFERS. COMMISSIONS DUE ARE BASED ON THE FINAL SELLING PRICE.
9. PAYMENT TO CONSIGNOR WILL BE SENT WITHIN FIVE BUSINESS DAYS AFTER PAYMENT HAS CLEARED INTO MY ACCOUNT AND / OR THE 48HR. INSPECTION PERIOD HAS ELAPSED. (see above for payment requirements and recommendations). PAYMENT SHALL BE MADE IN THE METHOD OF YAKIBA'S CHOICE, IE; PERSONAL CHECK, MONEY ORDERS, PAYPAL, ECHECK, WIRE TRANSFERS, ETC.
10. ALL CONSIGNMENT ITEMS SHALL BE DESCRIBED TO THE BEST OF MY ABILITY, THIS INCLUDES ACCURATE DESCRIPTIONS OF NEGATIVE POINTS AS WELL AS POSITIVE ONES. THESE DESCRIPTIONS SHALL BE AS FAIR AS POSSIBLE FOR ALL PARTIES, THEY SHALL BE NON JUDGMENTAL AND DONE WITHOUT MALICE, ACERBITY OR AGGRANDIZEMENT.
11. CONSIGNOR AGREES AND GIVES FULL PERMISSION TO CONSIGNEE, YAKIBA, TO PHOTOGRAPH, DESCRIBE AND LIST THE CONSIGNED ITEM IN WHATEVER MANNER CONSIGNEE SEES FIT. ALL PHOTOS AND INFORMATION TAKEN, SUPPLIED, OR OBTAINED IN ANY MANNER MAY BE USED IN ANY CAPACITY BY CONSIGNEE, BEFORE, DURING OR AFTER ITEM HAS BEEN LISTED OR SOLD. ALL PHOTOGRAPHS TAKEN OR SUPPLIED BY CONSIGNER OR CONSIGNEE SHALL BECOME THE PROPERTY OF YAKIBA.
12. CONSIGNMENT ITEMS SHALL BE LISTED ASAP, HOWEVER, PLEASE NOTE THAT PHOTOGRAPHING, EDITING, RESEARCH AND WRITING DESCRIPTIONS ARE VERY TIME CONSUMING AND WILL NOT BE RUSHED. THIS MUST BE DONE PROPERLY IN ORDER TO INSURE ACCURACY AND QUALITY. YAKIBA STOCK WILL TAKE PRECEDENCE IN LISTING OVER CONSIGNMENT ITEMS.
13. CONSIGNEE, YAKIBA WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY FALSE OR INACCURATE INFORMATION OBTAINED FROM CONSIGNOR. THIS INCLUDES ANY MISTAKES BY YAKIBA, OR ACREDITING INSTITUTIONS, AS DEFINED IN THE "SELLING" POLICY (see above).
14. CONSIGNOR UNDERSTANDS AND AGREES THAT HE/SHE ALONE IS RESPONSIBLE FOR MAINTAINING ADEQUATE INSURANCE ON ANY AND ALL CONSIGNMENT ITEMS BEING SHIPPED TO/FROM AS WELL AS WHILE IN THE POSSESSION OF YAKIBA FOR THE ACT OF CONSIGNMENT. YAKIBA WILL NOT PROVIDE CONSIGNMENT ITEMS WITH INSURANCE OF ANY KIND.
15. CONSIGNOR(S) THROUGH THE ACT OF ENTERING INTO A CONTRACT FOR CONSIGNMENT OF ITEMS WITH YAKIBA.COM, OR MARSHALL PROPERTIES, LLC., HERETOFORE REFERRED TO AS "SELLER", DO HEREBY WAIVE, RELINQUISH AND RELEASE SELLER FROM ANY AND ALL RESPONSIBILITY OR LIABILITY WHICH MAY ARISE FROM ANY TRANSACTION RELATED TO CONSIGNED ITEM, WHETHER PAST, PRESENT, OR FUTURE. THIS INCLUDES BUT IS NOT LIMITED TO LOSS, THEFT OR DAMAGE WHILE IN POSSESSION OF SELLER OR DURING THE SHIPPING PROCESS. CONSIGNOR(S) ACKNOWLEDGES THROUGH THE ACT OF CONSIGNMENT, REGARDING ANY ITEM OFFERED FOR PURCHASE BY SELLER THAT CONSIGNOR HAS READ, UNDERSTANDS, ACCEPTS AND AGREES TO ANY AND ALL TERMS PROVIDED HEREIN.
16. BUYER'S THROUGH THE ACT OF ENTERING INTO A CONTRACT (VERBAL, WRITTEN, OR ELECTRONIC) FOR THE PURCHASE OF ITEMS CONSIGNED WITH YAKIBA.COM, OR MARSHALL PROPERTIES, LLC., HERETOFORE REFERRED TO AS "SELLER", DO HEREBY WAIVE, RELINQUISH AND RELEASE SELLER FROM ANY AND ALL RESPONSIBILITY OR LIABILITY WHICH MAY ARISE FROM ANY TRANSACTION RELATED TO CONSIGNED ITEM, WHETHER PAST, PRESENT, OR FUTURE. THIS INCLUDES BUT IS NOT LIMITED TO LOSS, THEFT OR DAMAGE WHILE IN POSSESSION OF SELLER OR DURING THE SHIPPING PROCESS. BUYER(S) ACKNOWLEDGES THROUGH THE ACT OF PURCHASE OF ANY ITEM OFFERED BY SELLER THAT BUYER HAS READ, UNDERSTANDS, ACCEPTS AND AGREES TO ANY AND ALL TERMS PROVIDED HEREIN.
UNTIL FURTHER NOTICE TERM PAYMENTS HAVE BEEN SUSPENDED
TERM PAYMENTS ARE CONSIDERED AT MY SOLE DISCRETION, UNDER THE FOLLOWING CONDITIONS:
A.) 25% MINIMUM DEPOSIT REQUIRED.
B.) INTEREST FEES ARE CALCULATED ON THE FINAL SELLING PRICE. INTEREST FEES ARE AS FOLLOWS; NO INTEREST FEES FOR ITEMS PAID IN FULL WITHIN 30 DAYS OF AGREEMENT TO PURCHASE. 10% INTEREST FEES ON ALL ITEMS REQUIRING MORE THAN 30 DAYS, BUT LESS THAN 180 DAYS(6 months) TO BE PAID IN FULL.
C.) TERM AGREEMENTS SHALL BE LIMITED TO A MAXIMUM OF SIX MONTHS.
D.) PAYMENTS ARE TO BE RECEIVED OR POSTMARKED NO LATER THAN THE FIFTH DAY OF EVERY MONTH. LATE PAYMENTS WILL BE PENALIZED WITH AN ADDITIONAL $25.00 LATE FEE, DUE WITH THE FOLLOWING MONTH'S PAYMENT.
E.) THREE LATE PAYMENTS, THREE PARTIAL PAYMENTS OR NO PAYMENTS FOR A TOTAL OF THREE MONTHS, SHALL CONSTITUTE A BREACH OF THESE TERMS.
E.) ITEMS WILL NOT BE RELEASED UNTIL ALL PAYMENTS INCLUDING LATE FEES HAVE BEEN PAID.
F.) DEPOSITS AND OR PAYMENTS ARE ACCEPTED "IN LIEU OF COMPLETION OF PAYMENT". DEPOSITS AND OR PAYMENTS MADE SHALL BE FORFEITED IN THE EVENT OF DEFAULT OF PAYMENT BY THE BUYER, REGARDLESS OF THE REASON.
G.) A BREACH OF THESE TERMS SHALL RESULT IN ALL MONEY'S PAID BEING FORFEITED AND THE ITEM BEING RETURNED TO STOCK, AND AGAIN OFFERED FOR SALE.
H.) THE SALE OF ALL ITEMS PAID VIA "TERM PAYMENTS" SHALL BE FINAL, WITH NO RETURNS, NO WARRANTIES AND NO GUARANTEES GIVEN OR IMPLIED.
* TERM PAYMENTS ARE NOT OFFERED ON CONSIGNMENT ITEMS. *
Seller must be notified prior to any returns being mailed. Items will not be accepted without prior confirmation. The item must be returned in the same condition as sent. Buyer will be liable for item until return is received. Buyer will receive a full refund minus shipping/handling, insurance and or any fees incurred in shipping or sale.
YAKIBA, reserves the sole right of final
determination in regards to returned item condition.
ITEMS DAMAGED IN SHIPPING:
DO NOT RETURN TO YAKIBA UNTIL INSTRUCTED
TO DO SO.
a.) Send detailed description and photos
of the damage, this must include inside and outside of the package. Keep item
and package until notified otherwise.
b.) Buyer is responsible for filing damage claim with shipper.
c.) Obtain two quotes, one from an authorized appraiser, one from an authorized antique restoration company. These should include repair costs and property devaluation.
d.) Once claim is filed, mail original claim copy, appraisal, repair cost quote, photos and detailed description of damage to the address which will be furnished.