The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.Legal Notice
PO Box 3396
Sarasota, FL 34230
Delivery shall be deemed to have been made by You to Brandon's Coins five (5) days after the date sent.
All content appearing on this Web site is the property of:
PO Box 3396
Sarasota, FL 34230
Copyright © 2010 Brandon's Coins. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2010 Brandon's Coins. All rights reserved.
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Brandon's Coins. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Brandon's Coins or any third party, except as expressly granted herein.
Use Of Site
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Brandon's Coins and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Brandon's Coins believes that customer conduct violates applicable law or is harmful to the interests of Brandon's Coins and its subsidiaries.
Order Policies and Procedures Security: Brandon's Coins takes security very seriously. Our security measures protect the loss, misuse and alteration of all information under our control. Our system is based on the SSL (Secure Socket Layer) encryption standard. Provided you are using an SSL- compliant browser such as Netscape's Navigator or Microsoft's Internet Explorer, you'll be able to conduct fully-protected transactions that encrypt all of your personal information, including credit card number, name and address, so it cannot be read as the information travels from you to Brandon's Coins. Furthermore all of the customer data we collect is protected against unauthorized access.
Price Confirmations and Binding Agreement: Once you have placed an order to buy or sell with Brandon's Coins, you have entered into a binding agreement. When ordering online, the price at which your order is submitted is the locked-in price. Your confirmation number will be in your return email. You must ensure that your payment is dated within 24 hours and received by Brandon's Coins within five business days on orders under $25,000 and three business days on orders more than $25,000 to guarantee your price. Providing us with your credit card information is required to guarantee all orders. When selling to Brandon's Coins, once we have issued a confirmation number, the price is locked in for you and the transaction may not be cancelled, but only offset at our current buy price. We require all purchases to be shipped to us by the end of the following business day and reply to us with a tracking number so we know the product is on the way. If you call in with the registered mail or tracking number and we do not receive the items within 5 business days and the delay is due to the USPS, UPS or Federal Express, we will extend the deadline on a case by case basis.
Payment Options: Payment to Brandon's Coins must be provided using PayPal, a credit card, bank wire, certified check, cashiers check, or money order. Credit card orders for any amount are reviewed on an order by order basis. Large credit card orders may be subject to additional documentation or screening and are subject to our approval. Therefore, we recommend paying by one of the other methods on orders more than $2,500. We recommend paying by the following methods: * Orders ranging from $50 to $2,500 are recommended to be paid via PayPal and must be received within 5 business days. We will accept any of the options listed above. * Orders ranging from $2,500.01 to $10,000 are recommended to be paid by bank wire, PayPal, certified check, cashiers check, or money order and must be received within 5 business days. * Orders ranging from $10,000.01 to $25,000 are recommended to be paid by bank wire, PayPal, certified check or cashiers check and also must be received within 5 business days. * over $25,000.01 are recommended to be paid by bank wire and must be received within 3 business days. Holding Period on cashiers checks, certified checks and PayPal clears instantly. We hold all certified checks and cashier's checks typically for 1-10 banking days. PayPal or Direct bank wire is always recommended.
Our Good Funds policy: Good funds is the day of your direct bank wire, and from 1-10 business days from the day we receive your cashier's check or certified check. Additional delays may occur for checks if your bank does not cooperate in assisting us with the information needed to verify your transaction. PayPal or Direct bank wire is always recommended.
Payment Instructions: Payment instructions will be issued on the final page of your ordering process and again by email after you place your order. Payment must be dated within 24 hours of your order date. Brandon's Coins reserves the right to cancel orders that do not meet these requirements. Brandon's Coins does not accept C.O.D. orders. We reserve the right to refuse or cancel any order deemed questionable or of significant risk to Brandon's Coins regardless of payment method and price confirmation.
Cancellation of Orders: Once we have issued a confirmation number, all prices are locked-in whether buying from us or selling to us. It is not our intention to enter into buying and/or selling transactions, accepting the risks involved only to have them cancelled. However, we realize rare situations happen where orders need to be cancelled. Should you elect to cancel and/or offset your order, you must do so during normal business hours of 9:00 - 5:00 EST Monday - Friday. All cancellations are subject our market loss policy plus a $35.00 cancellation fee. Cancellations may only be approved over the telephone, at which time you will be given a cancellation number. At that time, if any market loss to Brandon's Coins has occurred, it will be calculated and added to the $35.00 cancellation fee. If applicable, you may elect to pay any market loss by credit card at that time or, we will invoice you in which you will have thirty days to pay the amount due in full. No future orders may be permitted until any market loss is paid in full. Any market gain on cancellations shall remain the property of Brandon's Coins. Our Market Loss Policy (Ask to ask policy). When purchasing from Brandon's Coins, once we have issued a confirmation number, the price is locked in for you and the transaction may not be cancelled, but only offset at our current ask price. Any deficit between the price at which we sold to you and the offsetting purchase price and/or prices, is your responsibility only if your item(s) is cancelled or returned. That amount will be charged to you, plus a $35.00 cancellation fee. That is our Market Loss Policy. Any market gain on cancellations shall remain the property of Brandon's Coins. When selling to Brandon's Coins, once we have issued a confirmation number, the price is locked in for you and the transaction may not be cancelled, but only offset at our current buy price. Any deficit between the price at which we bought from you and the offsetting purchase price and/or prices, is your responsibility if we do not receive your items That amount will be charged to you, plus a $35.00 cancellation fee. That is our Market Loss Policy. Any market gain on cancellations shall remain the property of Brandon's Coins. Brandon's Coins reserves the right to refuse an order when the confirmed price is incorrect, due to computer-related problems, pricing error, incorrect item descriptions or sudden movements in the precious metals market. Furthermore, we reserve the right to refuse or cancel any order deemed questionable, suspicious or of significant risk to Brandon's Coins regardless of payment method and price confirmation. Your Brandon's Coins order may be canceled if we do not receive payment within five (5) business days on orders under $25,000 and three (3) business days for orders over $25,000. Once you have placed an order with Brandon's Coins, you have entered into a binding agreement.
Shipment of Your Items: Brandon's Coins orders are shipped Registered/Insured U.S. Mail, UPS and Federal Express. Each package is fully insured and requires a signature upon delivery. Packages sent registered and insured mail can take on average 5-10 business days. The parcel's registration number is only available to trace a package if it hasn't been received within 30 days from the date shipped. Tracking numbers are provided to customers on day of shipment. Brandon's Coins fully insures all of its shipments. Should anything happen while your package is in transit to you it will be covered by our insurance policy. However, we will not accept responsibility if you have left instructions with any carriers or delivery service to leave parcels un-attended for you without the need for a signature. Or, you have given them instructions to leave your package with someone else such as a building manager, neighbor, drop-off location such as Mail Boxes etc., The UPS Store, etc., YOUR PACKAGE WILL NOT BE COVERED. When we ship to you, if metals are lost or damaged in transit, it is our responsibility to pursue any claim with the insurance company. If we determine the package is lost or damaged, we file a claim. Once the claim is filed, we reserve the right to re-ship your items or refund your money at our discretion, upon settlement of claim.
Return policy: We guarantee your satisfaction at Brandon's Coins. We provide all our customers with a refund, return and/or exchange policy on everything we sell including all bullion and certified coins. This right is limited to three (3) days from the date on which the customer receives their items and notifies us, provided they are kept in their original packaging. On returning bullion related items, the customer may (at Brandon's Coins's discretion) be required to pay for any market loss on their returns. (Review our Market Loss Policy) Any market gain on refunds shall remain the property of Brandon's Coins. We want our customers to be pleased with their purchases. If for any reason you have a problem, please feel free to call our offices and discuss it with us. We will always do our best to accommodate you. We do charge a 5% restocking fee on all credit card orders returned. If an exchange is requested, we reserve the right to find an acceptable replacement or refund your money.
Investment risks: All investments involve risk - coins and bullion are no exception. The value of a bullion coin (e.g., Maple Leaf or American Eagle) is affected by many economic factors, including the current market price of bullion, the perceived scarcity of the coins and other factors. Some of these factors include the quality and current demand and general market sentiment. Therefore, because both bullion and coins can go down as well as up in value, investing in them may not be suitable for everyone. Since all investments, including bullion and coins, can decline in value, you should understand them well, and have adequate cash reserves and disposable income before considering a bullion or coin investment.
Shipping & Delivery
At this time, Brandon's Coins ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands.
Additionally, Brandon's Coins ships merchandise to Canada, Europe (restricted), Austrailia, and Japan, but not to other international locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.International
INTERNATIONAL SHIPPING WILL BE CHARGED AT ACTUAL (SHIPPING + INSURANCE) IN MOST CASES, THE INVOICED AMOUNT IS HIGHER THAN ACTUAL. THIS IS DUE TO THE VARIABILITY ACROSS THE NUMEROUS COUNTRIES. REFUNDS WILL BE ISSUED THROUGH PAYPAL, IF NECESSARY, THE SAME DAY AS SHIPMENT.
Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. Brandon's Coins is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices. Shipping is made with the following understanding: - Irrespective of how imported goods arrive in the receiving Country, the Buyer is responsible for lodging any formal Customs Import Declarations if value is > $1000 (local currency). - Seller is responsible for shipment of item, marked as, "Numismatic Materials" for customs, and shipping/insurance fees at origination, only. - Buyer shall pay any associated duty or taxes. - Buyer is regarded by Customs as the importer of these goods and is responsible for determining acceptable items for import. - Buyer's imported goods may arrive in Country either by airfreight, express courier, sea cargo or via the post office. The method of delivery may determine the Customs clearance formalities and charges. - Goods arriving in Country will be subject to Customs controls beyond the control of the Seller. Seller has no responsibility for item once item is shipped and tracking number issued. - Certain goods brought into a Country may be prohibited, restricted or require an import permit. Customs might seize or detain such goods pending presentation of a permit. These actions are the responsibility of the Buyer. - In the event an item is returned to Seller, a refund will be issued to Buyer, less any Customs fines or fees, additional shipping, plus a 5% restocking fee.
Brandon's Coins does not charge sales tax for merchandise ordered on this Web site if:
- The sale is of coins and currency that are U.S. legal tender;For coins and currency that are not legal tender of the United States, tax is imposed at the rate (unchanged) of 6% of the sales price, unless the coins or currency have a sales price that exceeds $500. All other transactions are based on the applicable state sales tax rate and the location to which the order is being shipped. It is the buyers responsibility to comply with local state laws.
- The sale of any other coin and any other currency with a price of more than $500;
- The sale of gold, silver, and platinum bullion with a price of more than $500.
-- OR Depending on State --
The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by Brandon's Coins.
The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. Brandon's Coins is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.
The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not Brandon's Coins.
The inclusion of material on this server does not imply any endorsement by Brandon's Coins, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.
A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Brandon's Coins tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.
User Agreement: By using the website www.brandonscoins.com and other services provided by Brandon's Coins, including making purchases from Brandon's Coins, making sales to Brandon's Coins and placing orders with Brandon's Coins, you are agreeing to the following terms, including, without limitation, the terms available in (the User Agreement). These terms apply to all orders, all purchases and all sales, whether made through the website, by telephone or otherwise. Before you may place orders to purchase and/or to sell with Brandon's Coins you must read and accept all of the terms in the User Agreement. Brandon's Coins strongly encourages you, as you read this User Agreement, to access and to read carefully the Ordering Policy and Procedures available by hyperlink. This User Agreement is effective on November 8, 2003, for all existing customers and all existing users of the website and will be effective, upon acceptance for all customers and all new users of the website or otherwise.
Purchases, Sales and Orders: You may make purchases, sell to and order from Brandon's Coins only in accordance with the Ordering Policy and Procedures.
Disclaimers: You are subject to the Disclaimers that have been made by Brandon's Coins, which Brandon's Coins encourages you to access and to read carefully, and to the other Disclaimers that are contained in this User Agreement and the other policies adopted by Brandon's Coins. In addition, you represent and warrant to Brandon's Coins that you have sufficient experience and knowledge to make informed decisions to purchase from and/or sell to Brandon's Coins. You expressly acknowledge that you are making all of your own decisions in connection with purchases and/or sales and that Brandon's Coins is not making any recommendation with respect to such purchases and/or such sales. You also expressly acknowledge that you are subject to a variety of risks, which risks are beyond the control of Brandon's Coins, and you expressly acknowledge that Brandon's Coins is not liable or responsible for those risks, for which you have sole responsibility. Those risks include, without limitation, risks associated with the price volatility of the products, particularly precious metals. Under certain market or other conditions (such as technological or other disruptions), you may not be able to liquidate the purchased products or, liquidate the purchased products at prices acceptable to you.
Risks: All investments involve risk - coins and bullion are no exception. The value of a bullion coin (e.g., American Eagles or Maple Leafs) is affected by many economic factors, including the current market price of bullion and the perceived scarcity of the coins and other factors. Some of these factors include the quality and current demand and general market sentiment. Therefore, because both bullion and coins can go down as well as up in value, investing in them may not be suitable for everyone. Since all investments, including bullion and coins, can decline in value, you should understand them well, and have adequate cash reserves and disposable income before considering a bullion or coin investment.
Indemnification: You shall indemnify and hold harmless Brandon's Coins and its affiliates, directors, officers and shareholders from and against any and all costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable attorneys fees, that you may incur as a result of, or in connection with, (a) any breach of any representation or warranty made by you to Brandon's Coins or (b) your failure to comply with this User Agreement or the policies adopted by Brandon's Coins.
Limitation of Liability: You are subject to the limitations of liability contained in this User Agreement, the Disclaimer and the other policies adopted by Brandon's Coins. In the event that, notwithstanding such limitations of liability, Brandon's Coins is determined to be liable to you in connection with any transaction between Brandon's Coins and you pursuant to this User Agreement, the liability of Brandon's Coins to you shall be limited to the greater of (a) the amount, if any, that you paid in such transaction or (b) $100. Brandon's Coins shall not, in any event, be liable for any consequential, exemplary or indirect damages.
Important Information About Procedures for Opening a New Account: To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
What this means for you: When you open an account, we will ask for your name, address, date of birth and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
Termination: Either Brandon's Coins or you may terminate this User Agreement, with or without cause, at any time by written notice to the other party. The termination of this User Agreement shall not affect the rights and the obligations of Brandon's Coins and you with respect to the period prior to the termination.
Default; Rights and Remedies: Upon any failure by you to comply with your obligations to Brandon's Coins, Brandon's Coins shall have all of the rights and the remedies available to Brandon's Coins, whether at law, in equity or otherwise, including, without limitation, rights and remedies under this User Agreement. Without limiting its rights and its remedies, Brandon's Coins may turn your account over to a collection agency or a lawyer for collection. No delay or failure on the part of Brandon's Coins in exercising any right or any remedy shall operate as a waiver of that right or that remedy and no single or partial exercise by Brandon's Coins of any right or any remedy shall preclude other or further exercise of that right or that remedy or the exercise of any other right or any other remedy. In addition to the other rights and the other remedies available to Brandon's Coins, in the event of any failure by you to comply with this User Agreement, Brandon's Coins may charge the credit card on which you have provided Brandon's Coins including, without limitation, any and all market losses incurred by Brandon's Coins including cancellation fees for accepting your orders to either buy from or sell to us as a result of price and market fluctuations for which you did not fulfill. You expressly authorize Brandon's Coins to charge your credit card for all of such amounts.
Our Market Loss Policy (Ask to ask policy): When purchasing from Brandon's Coins, once we have issued a confirmation number, the price is locked in for you and the transaction may not be cancelled, but only offset at our current ask price. Any deficit between the price at which we sold to you and the offsetting purchase price and/or prices, is your responsibility only if your item(s) is cancelled or returned. That amount will be charged to you, plus a $35.00 cancellation fee. That is our Market Loss Policy. Any market gain on cancellations shall remain the property of Brandon's Coins. When selling to Brandon's Coins, once we have issued a confirmation number, the price is locked in for you and the transaction may not be cancelled, but only offset at our current buy price. Any deficit between the price at which we bought from you and the offsetting purchase price and/or prices, is your responsibility if we do not receive your items That amount will be charged to you, plus a $35.00 cancellation fee. That is our Market Loss Policy. Any market gain on cancellations shall remain the property of Brandon's Coins. In addition to the other rights and remedies available to Brandon's Coins, in the event of any failure by you to comply with this User Agreement, Brandon's Coins may, without limiting its other rights and its other remedies, suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations under this User Agreement and the Ordering Policy and Procedures. In addition to the other rights and remedies available to Brandon's Coins, Brandon's Coins may, without limiting its other rights and remedies, apply any of your funds in its possession to pay your monetary obligations to Brandon's Coins and may offset any monetary obligations that Brandon's Coins has to you against your monetary obligations to Brandon's Coins. Brandon's Coins may, at its discretion, apply funds in its possession, including, without limitation, amounts paid by you for other purchases or amounts payable by you for sales, to your obligations to Brandon's Coins in such manner as Brandon's Coins determines to be appropriate.
Absence of Relationship: The sole relationship between Brandon's Coins and you is a purchaser-seller relationship. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, between Brandon's Coins and you exists.
Assignment: You may not assign this User Agreement or any of your rights or your obligations under this User Agreement without the prior written consent of Brandon's Coins, which may be granted or withheld by Brandon's Coins in its sole discretion. This User Agreement shall be binding on all permitted assigns and successors of Brandon's Coins and you.
Costs and Expenses of Collection: In the event that Brandon's Coins must take any action against you to enforce your obligations under this User Agreement, including, without limitation, turning your account over to a collection agency or a lawyer for collection, you shall pay all of the costs and the expenses incurred by Brandon's Coins, including, without limitation, reasonable attorneys fees, in connection with such action.
Dispute Resolution: It is the common goal of Brandon's Coins and you that any disagreement or dispute between Brandon's Coins and you be resolved expeditiously. Brandon's Coins and you agree that all disagreements and disputes between Brandon's Coins and you be resolved in accordance with the following paragraphs:
Forum Selection: The federal and state courts located in Sarasota County, Florida shall have exclusive jurisdiction of all disagreements and all disputes. All disagreements and all disputes shall be resolved exclusively in such federal and state courts. You hereby consent to the personal jurisdiction of those federal and state courts for the purpose of resolving such disagreements and such disputes and waive all objections to the jurisdiction of such federal and state courts.
Governing Law: This User Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Florida, without regard to conflict of laws principles. Waiver of Jury Trial; Arbitration. BOTH Brandon's Coins AND YOU HEREBY WAIVE THEIR RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY DISAGREEMENT OR DISPUTE RESULTING FROM, OR IN CONNECTION, THIS USER AGREEMENT AND THE TRANSACTIONS UNDER THIS USER AGREEMENT. Both Brandon's Coins and you also waive any arbitration requirements to which they might otherwise be subject.
Force Majeure: If Brandon's Coins can not perform any obligation hereunder as a result of any event that is beyond its control, Brandon's Coins delay or failure to perform such obligation shall be excused and Brandon's Coins shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
Further Assurances: You shall execute and deliver such other documents and take such other actions as may be reasonably requested by Brandon's Coins to carry out this User Agreement.
Notices: Except as otherwise provided in this User Agreement, all notices and other communications to Brandon's Coins shall be directed to the provided address in the State of Florida and all notices and other communications to you shall be directed, at the option of Brandon's Coins, to the address that you provided to Brandon's Coins at the time of your registration or to the email address that you provided to Brandon's Coins at the time of your registration. Recording of Phone Conversations. Brandon's Coins may record phone conversations between Brandon's Coins and you. You consent to the recording of such phone conversations.
Absence of Waivers: A decision or a failure by Brandon's Coins to take action with respect to any non-compliance with this User Agreement does not affect the ability of Brandon's Coins with respect to any other non-compliance with this User Agreement, whether of a similar or dissimilar nature.
Section Headings: The section headings are included for ease of reference and do not affect the interpretation or the scope of this User Agreement.
Severability: This User Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any term of this User Agreement is held to be unenforceable for any reason, such unenforceability shall not affect the other terms of this User Agreement and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.
Amendment: Brandon's Coins may amend this User Agreement at any time by posting the amended terms on the website. Except as otherwise provided in the User Agreement, the amended terms will become automatically effective 30 days after their initial posting on the website. This User Agreement may not be otherwise amended except by written agreement between Brandon's Coins and you.
Entire Agreement: This User Agreement sets forth the entire understanding between Brandon's Coins and you with respect to the subject matter of this User Agreement. If you have any questions with respect to this User Agreement or your rights and your obligations under this User Agreement, contact Brandon's Coins at 1-941-316-9574.
VOID WHERE PROHIBITED:
Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Brandon's Coins and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of Brandon's Coins shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and Brandon's Coins with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Brandon's Coins with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Brandon's Coins. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.