This Agreement states the terms of the parties' agreement with respect to personal property consigned to Autos By Price LLC for sale. Autos By Price officials agrees to use professional skill, knowledge and experience to the best advantage of both parties in preparing for and executing sales of this property. Autos By Price will act solely as an agent in any transaction between the Consignor and the eventual Buyer.
The Consignor is the owner of all goods consigned to the Autos By Price LLC (Consignee) and has the legal right to enter into this Consignment Agreement, and guarantees that the goods consigned are authentic and titles are free and clear of liens or other claims.
Consignor warrants, covenants and agrees that the property, being sold is owned by Consignor and that there are no liens, judgments or other encumbrances against the ownership, including all rights of sale or transfer, of the consigned property. The parties agree that title to the consignment shall remain in Consignor until such consignment is sold in severable parts or in whole by Autos By Price.
2. DESCRIPTION OF CONSIGNED PROPERTY
Autos By Price agrees to deliver the property, and Consignor agrees to accept for the
purpose of sale the terms and conditions hereinafter recited in this Agreement.
Consignor states and agrees that the description(s) of the consigned property is true and correct to the best of Consignor’s knowledge and belief and further, that no undisclosed defects in such consignment are known to Consignor.
Autos By Price states and agrees that the description(s) of the consigned property is true and correct to the best of Autos By Price knowledge and belief and further, that no undisclosed defects in such consignment are known to Autos By Price.
3. NON-EXCLUSIVITY OR EXCLUSIVITY OF AGREEMENT
Autos By Price shall have the exclusive right to market and sell the property described
hereinabove. By consigning this personal property , Consignor agrees to grant to Autos By Price the exclusive right to market and sell the property for an open ended period of time until
the Consignor or Seller agree to negate the agreement.
Consignor shall have the exclusive right to answer potential Buyers inquiries and negotiate the price of sale.
Consignor shall not have the right to sell the property described hereinabove for his own account, outside Autos By Price system. If Consignor does sell the consignment listed in this Agreement, Autos By Price shall nonetheless be entitled to payment for the sale of such consignment on the terms and conditions of this Agreement.
The offering price(s) are to be determined by Consignor. Autos By Price agrees to inform Consignor of bona fide offers to purchase the consigned property for prices less than the asking price set by Consignor. Consignor reserves the exclusive right to accept a price less than the offering price.
5. COMMISSION AND FEES
For Autos By Price services, which may include preparing the property for sale, describing the property, photographing the property, listing the property, communicating with prospective Buyers about the property (on eBay transactions only), closing the sale, accepting payments for the property, and shipping the property to the Buyer, Consignor agrees that, according to the commission and fees listed, Autos By Price will automatically deduct any commissions owed from the final sale price of items(s) prior to issuing final payment to Consignor. Autos By Price commission schedule is described on our company's website and may change with any new agreements with consignors.
6. ADDITIONAL FEES
The Consignor shall also pay Autos By Price for any and all fees charged by third party auction websites used by Autos By Price i.e.: Ebay, to market, list and /or sell the property which may include listing fees, final value fees, Paypal fees, and any optional fees charged for special website placement.
7. INSURANCE AND LIMITATION OF LIABILITY
The Autos By Price shall be solely responsible for maintaining insurance on the property until the Item has been sold and the property has been shipped to the Buyer. Autos By Price shall be liable for damages, loss, theft or damage while Items are in their possession for sale. Extra care is taken to insure that there is no loss, theft or damage to Items in their care. Two separate alarm systems protect the structure that the Items will be located in. All Items will shipped accordingly, unless specified by the Buyer, and will be fully insured prior to being shipped. These expenses will be met by the Seller.
8. RESPONSIBILITIES AND LIMITATIONS OF THE CONSIGNOR
Along with the submission of the property, Consignor shall provide Autos By Price with any and all information pertaining to the property which shall consists of all information about the property, which may include, but not limited to written descriptions, provenance, history, authorship, period, culture, source of origin, quality, rarity, existence of copyright or other proprietary or intellectual property rights pertaining thereto, condition/damage reports, estimates of values and reserves, and such other information as Autos By Price may from time to time require of Consignor. All Items handled by Autos By Price will be offered with a 7 Day inspection period to the Buyers. Any verbal history would have to be written down and signed by the consignor if the consignor wants that information included in the sale narrative. If the Buyer wants a lifetime money back guarantee that would be up to the consignor to offer. Autos By Price reserves the right to refuse any Item that it deems, in their opinion, not authentic or has questionable authenticity.
9. METHOD OF SALE
All of the Items we offer is offered for sale on the following online marketplaces: www.ebay.com, www.boattrader.com, www.craigslist.org, www.kijiji.com and www.gumtree.com
10. TIME OF PAYMENT(S) TO CONSIGNOR
Consignor agrees that Autos By Price shall require and receive full payment on the sale of
the consigned property prior to any obligation of Autos By Price to remit payment to
Consignor for the same. Upon receiving full payment for such sale, Autos By Price shall
remit, in United States currency or a check drawn on a United States bank, the amount due to
Consignor under this Agreement: For each Item sold, no later than 3 Days following the date of
full payment for each item.
It is agreed that “full payment,” as used above, shall be construed to mean and include the day of the clearing of any monetary instrument by Autos By Price bank.
11. AMOUNT(S) OF PAYMENT(S) TO CONSIGNOR
Consignor and Autos By Price agree that an amount of about 89% of the selling price shall be due and payable to Consignor upon the sale of the property subject to this Agreement. Autos By Price shall provide a monthly written statement listing all sales made of the property subject to this Agreement including the dates of such sales, the total amount(s) received and the amount due to Autos By Price.
12. TERMINATION OF THIS CONSIGNMENT AGREEMENT
Autos By Price may terminate this Agreement at any time and for any reason by returning to Consignor all of the unsold property which is the subject of this Agreement. Consignor may terminate this Agreement at any time and for any reason, but such termination will not affect the agreement regarding Items of property already sold. The expense of delivery to the Consignor of any unsold property shall be paid by the party terminating this Agreement. Prior notice of termination shall not be required of a terminating party.
13. OPERATION OF Autos By Price BUSINESS
Autos By Price shall have the exclusive right to determine the business operation and management of its premises. Consignor shall have no liability or responsibility for the operation and management of Autos By Price business, employees or agents and any torts or other causes of action resulting there from, and Autos By Price agrees to defend, indemnify and hold harmless Consignor for same.
14. LIABILITY FOR LOSS, ETC., OF CONSIGNED PROPERTY
In the event that consigned property is lost, stolen, destroyed, damaged, or unaccounted for due to any cause, known or unknown (hereinafter these terms referred to collectively as “lost”), while consigned to the Autos By Price : The property, or each item, so lost shall be considered as having been sold, and Autos By Price shall pay unto Consignor the amount agreed herein as if the lost property, or each Item lost, had been sold, except that only 85% of said amount (rather than the full amount) shall be owed by Autos By Price to Consignor. Such amount shall be due 3 Days following the lost of the property.
Autos By Price may not use Consignor’s name or other identifying information in the advertising, promotion and sale of the consigned property unless written permission is granted by Consignor.
This Agreement is not assignable and may not be modified other than by a written modification agreed to and signed by both parties.
This Agreement shall be construed and governed according to the laws of the State of New York, Florida and California.
The parties agree that instances or patterns of waiver, forbearance, course of dealing or trade usage shall not affect the right of a party to demand performance of any term or condition of this Agreement.