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Consignment
Agreement (Terms and Conditions)
WHEN YOU REGISTER YOUR GOODS
WITH BID IT ADIEU FOR SALE ON eBAY, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS CONSIGNMENT
AGREEMENT WHICH IS ALWAYS MADE READILY AVAILABLE ON ITS WEBSITE.
1. Purpose.
Bid It Adieu will offer to sell certain items described on the List of Inventory
and owned by you on eBay. Bid It Adieu will answer bidders’ inquiries, accept
payments from buyers and remit them to you, package and ship sold items.
2. List of Inventory.
To be complete, a listing shall include a unique description of the item to be
sold, including weight and dimensions both to include in the published
description and in order to determine shipping costs; a minimum price for the
item as mutually determined by the you and Bid It Adieu, either an acceptable
digital image of the item, or delivery of the item itself to Bid It Adieu for
the purpose of creating such an image.
Submission of a List of
Inventory shall be considered a guarantee by you that you have the legal right
and authority to contract with Bid It Adieu for the sale of the described item(s)
and the ability to make the item(s) available for delivery to a buyer within 24
hours of the completion of any sale. You shall hold Bid It Adieu blameless and
defend Bid It Adieu in any legal actions by any third party resulting from any
dispute over the actual ownership of the submitted items or your legal right to
submit it to Bid It Adieu for listing and sale.
3. Possession.
You will allow Bid It Adieu to take possession of each item and to remove it to
a location under Bid It Adieu’s control. Bid It Adieu will have no obligation to
sell or prepare to sell items which have not been so placed with Bid It Adieu,
unless otherwise agreed in writing between you and Bid It Adieu.
4. Exclusive Right to Sell.
Bid It Adieu will have the exclusive right to sell each item on the List of
Inventory from the time Bid It Adieu takes possession of it until Bid It Adieu
returns it to you unsold or notifies you of its intention to do so. During that
time Bid It Adieu will use its best efforts to sell the item.
5. Exclusive Right to Sell.
You appoint Bid It Adieu to act as your exclusive agent for the sale of items
listed in the List of Inventory whether or not they remain in the possession of
Bid It Adieu, you, or some third party. You warrant and represent that no person
or entity, other than Bid It Adieu, will sell the item(s) identified in the List
of Inventory. In the event that the item is sold by another person or entity, a
50% commission of the average sale price of a similar item(s) as listed on eBay
will be paid to Bid It Adieu if the item is sold by a person or entity other
than Bid It Adieu.
6. Right to Decline Items.
Bid It Adieu may decline to list any item:
a. whose sale is regulated
or prohibited by federal law or by state law in any state;
b. that cannot be listed on
eBay under eBay rules then in effect;
c. that is perishable,
and/or
d. for any reason
whatsoever.
7. Listing.
Bid It Adieu will prepare an eBay item description for each item and list it
within 30 days of taking possession. For multiple, identical items to be sold
individually or in lots, Bid It Adieu will prepare an item description for each
type of item and begin listing reasonable quantities of the item within 30 days.
Bid It Adieu will list items under its eBay user ID. When you agree to have Bid
It Adieu sell your item(s), Bid It Adieu’s ability to describe, market and sell
the goods on eBay or other related Internet selling sites will be limited by the
site’s policies, including the User Agreement and Listing Policies.
8. Withdraw of Offer to Sell
by You. In
consideration of the fact that Bid It Adieu is contractually obligated to
deliver any item listed as an eBay auction item, no listed item will be sold by
any party other than Bid It Adieu without express written permission by an
authorized representative of Bid It Adieu. Ten day written notice is required to
withdraw any listed item without penalty to you and only if the item is not
already being auctioned or the sale is not already being negotiated. A 50%
commission of the average sale price of a similar item(s) as listed on eBay will
be paid to Bid It Adieu if the item is sold and is not available for delivery to
a legitimate buyer. In addition, you will hold Bid It Adieu blameless and will
defend Bid It Adieu against any legal claims made against Bid It Adieu for the
inability of Bid It Adieu to deliver any purchased item due to your inability to
make the item available for shipment to a legitimate purchaser.
9. Return of Unsold Items.
Bid It Adieu will provide you with notification of any item that is not sold or
listed and provide you with 14 days to either pick up the item or make
arrangements for delivery to you at your expense.
10. Independent Judgment.
Subject to the terms of this agreement, Bid It Adieu will use its independent
judgment in writing item descriptions, preparing photographs, setting minimum
bids or fixed prices and other terms of sale, and choosing the opening time and
duration for each listing.
11. Net Receipts.
“Net receipts” is defined as receipts from buyers for items sold. It does not
include:
a. Ohio sales and use tax.
Bid It Adieu will collect, report, and pay this tax on taxable items sold within
the State of Ohio.
b. Any other taxes which Bid
It Adieu collects according to the terms of this agreement. Bid It Adieu will
remit such taxes to you with payments for items sold. You shall be solely
responsible for reporting and paying such taxes.
c. Packaging and shipping
charges. Bid It Adieu requires buyers to pay reasonable charges to cover the
costs of packaging and shipping items sold.
d. eBay charges.
12. Payments to You.
Bid It Adieu will pay you an amount equal to Net Receipts, minus Bid It Adieu’s
commission according to the Commission Schedule listed under "Fees" on the Fees
page of Bid It Adieu's website, which can be found at
Bid It Adieu - Fees Bid It Adieu agrees, upon sale, to
maintain proceeds due to you in trust, and separate and apart from Bid It
Adieu’s own funds and to deliver such proceeds, less commission, to you together
with an accounting statement within 60 days of the sale.
13. Non-Paying Buyer.
If a buyer fails to fulfill the terms of the sale agreement, Bid It Adieu may
elect to declare the item unsold, re-list the item, or sell the item to another
bidder.
14. Inaccurate Information
Provided By You.
The parties recognize that Bid It Adieu will make statements to prospective
buyers in reliance on information provided by you, and that Bid It Adieu’s
reputation in the eBay community depends on its readiness to resolve buyers’
claims promptly and fairly. If a buyer claims to have suffered a loss due to
reliance on inaccurate information provided by you, Bid It Adieu will notify you
promptly, and will give you a reasonable opportunity to participate in resolving
the claim. Bid It Adieu will, however, determine whether and how to satisfy the
claim according to its own independent judgment. You will reimburse Bid It Adieu
for the cost of satisfying the claim, including reasonable attorneys’ fees and
costs.
15. Governing Law.
This agreement will be
interpreted according to the laws of the State of Ohio.
16. Loss or Damage.
Bid It Adieu shall be liable for loss or damage to any consigned item(s) from
the date of delivery to Bid It Adieu until the item(s) is returned to you or
placed with a carrier for delivery to a purchaser. Item(s) in the possession of
Bid It Adieu shall become the complete responsibility of you ten days after
receipt of written notice that an item(s) is de-listed by Bid It Adieu. In the
event of loss or damage you agree that the extent of your damages is limited to
the same amount as if the item(s) had been sold at the average sale price of a
similar item(s) as listed on eBay.
17. Transportation of Item(s).
Packing and shipping charges, insurance costs, other handling expenses, and risk
of loss or damage incurred in the delivery of the item(s):
a. from you to Bid It Adieu
shall be borne by you;
b. from Bid It Adieu to you
shall be borne by Bid It Adieu; or
c. from Bid It Adieu to any
purchaser shall be borne by the purchaser.
18. Duration and Termination
of Consignment Agreement.
You and Bid It Adieu agree that the initial term of consignment for the item(s)
shall continue until all the item(s) it covers in the List of Inventory is sold
or is returned to you. You may request in writing that an item be de-listed and,
if in possession of Bid It Adieu, returned to you with 10 days written notice,
unless the item(s) is already being auctioned or a potential buyer is already
negotiating for the purchase. Items not currently being auctioned or in
negotiation will be de-listed in 10 days and, if in possession of Bid It Adieu,
will be available for you to pickup from Bid It Adieu 10 days after receipt of
written notice of the desire to withdraw the item for sale by Bid It Adieu.
For items currently being
auctioned or in negotiation, Bid It Adieu will make every reasonable effort to
cancel the auction or sale without cost to you. In the event that you demand
that the sale be stopped in any case, you must make this demand in writing and
you will assume any legal or other costs incurred by Bid It Adieu due to this
cancellation. You are specifically put on notice that Bid It Adieu is likely to
be charged fees by eBay for any cancelled items and that it may not be possible
to cancel an auction or sale which is already in progress and that you will be
responsible for these costs.
This entire agreement shall
continue unless 30 day written notification of termination is received by one
party sent from the other. Within 30 days of the termination notification, all
accounts shall be settled and all unsold items actually in possession of Bid It
Adieu shall be available for you to pick up form Bid It Adieu. The agreement
shall automatically terminate if Bid It Adieu becomes bankrupt or insolvent, or
is in material breach of this agreement.
19. Proprietary Rights.
Bid It Adieu owns and retains all proprietary rights in the www.bid-it-adieu.com
website and Bid It Adieu services. The website contains the copyrighted
material, trademarks, and other proprietary information of Bid It Adieu and its
affiliates. Except for that information which is in the public domain, you may
not copy, modify, publish, transmit, distribute, perform, display, or sell any
such proprietary information.
20. Guarantees.
All item(s) are sold by Bid
It Adieu “as is” and all sales are “final”. Should you choose to offer a
guarantee then the buyer will be provided with your name and contact information
in connection with the guarantee you specifically describe on the List of
Inventory.
21. Disclaimer.
Bid It Adieu is not an Auctioneer. Although eBay is commonly referred to as an
online auction web site, it is important to realize that this does not mean that
Bid It Adieu is an “auctioneer.” Bid It Adieu uses eBay to offer and sell in a
variety of pricing formats, including a fixed price format or an auction-style
format. Bid It Adieu cannot ensure that a buyer will actually complete and pay
for a purchase. Additionally, Bid It Adieu is not responsible for any
malfunction of the eBay or PayPal websites. Nor will Bid It Adieu be held
responsible for e-mail, computer, virus, or electronic payment malfunctions.
Bid It Adieu is not
responsible for the conduct, whether online or offline, of any user of the
www.bid-it-adieu.com website and/or Bid It Adieu services. Under no
circumstances will Bid It Adieu be responsible for any loss or damage resulting
from anyone’s use of the www.bid-it-adieu.com website and/or Bid It Adieu
services, or any interactions between users of the www.bid-it-adieu.com website
and/or Bid It Adieu services, whether online or offline.
22 Indemnity.
You agree to indemnify and hold Bid It Adieu, its subsidiaries, affiliates,
officers, agents, and other partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorneys’ fees, made by any
third party due to or arising out of your use of the www.bid-it-adieu.com
website and/or Bid It Adieu services in violation of this Agreement and/or
arising from a breach of this Agreement and/or your violation of any law or the
rights of a third party.
23. Severability.
If any provision of this agreement is held to be invalid or unenforceable, the
remaining provisions of the agreement will continue in full force and effect.
24. Miscellaneous.
This agreement shall not be modified except by written modification. This
agreement shall be binding upon and inure to the benefit of the parties, their
successors, assigns and personal representatives. All terms of this Agreement
shall be covered by Ohio law.
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