This agreement is for the sole purpose of selling personal property in whole or part thereof at the clients site location to be conducted at the address entered on this registration form.
The sale will be held in an ONLINE FORMAT and items will be offered for sale to the highest bidder regardless of the price through an online only auction held at the above premises on the Simple Sale Auctions online platform.
The terms applicable to this Agreement are as follows:
Obligations of the client:
(a)Client represents and warrants that the property covered by this agreement is unencumbered property, he/she has the authority to sell the property and has/had GOOD TITLE to all the property, and all items are FREE OF LIENS and ENCUMBRANCES
(b) and that good title and interest will pass to the purchaser at the time of sale.
(c)Any and all expenses related to refunds that are required as a result of items being misrepresented, missing or other conditions not communicated to the buyers through the catalog descriptions and photographs will be at the expense of the seller and Simple Sale Auctions shall not be liable
(d) Client represents and warrants that it has an insurance policy in place that will remain valid throughout the auction event covering (i) the value of the goods (ii) damages to the premises and (iii)damages arising from the injury or death of any visitor to the premises. Client hereby agrees to indemnify Simple Sale, and its employees, directors, officers, agents representatives responsible for any loss or damage to the goods, other personal property or the premises, or arising from any injury or death, before, during, or after the auction event.
Services We Will Provide. Simple Sale agrees to provide the following services in exchange for a fee (as defined in fee’s and expenses)
Online Advertising: Each sale is listed on Auction Ninja marketplace where it is visible to all bidders nationwide. We can arrange for additional advertising if desired.
Fees and Expenses: The fee to host an auction is $79.99. Client will then receive 100% of all winning bid amounts. Simple Sale charges winning bidders a “buyer’s premium” fee to go towards all operational expenses.
No Guarantee: Simple Sale Auctions seeks to sell property according to the above principles listed in the Conduct of Sale, but can neither control nor predict the final results. Simple Sale Auctions makes no promises, guarantees or representations – and Client is not relying on any claimed promises, guarantees or representations – relating to particular outcomes, or total fees or costs to be charged. The $79.99 listing fee is non-refundable.
Unsold Items: Should there be any paid for and unclaimed or unsold items at the conclusion of the sale, Simple Sale is not responsible to remove these items from the property.
Records, Receipts, Payment: Within 30 days after the scheduled pickup date we will make available to you a computer generated summary of sale results showing the gross sale. The client will receive a check in the same timeframe made payable to the client on this agreement.
Termination: This agreement may be terminated by either party for any reason no less than 7 days prior to the commencement of the sale. If we terminate the agreement, we will not be entitled to any compensation unless you have agreed otherwise. If you terminate the agreement, you agree to pay us $399.00 for all services provided prior to the time you notify us.
If any provision of this Agreement should later be deemed to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect.
The specific terms of this agreement constitutes the entirety of our agreement and cannot be changed, modified, or replaced without a subsequently executed, separate written agreement.
This agreement shall be governed by the laws of the State of New York, without reference to New York’s choice of law principles.
This agreement may be executed electronically or by facsimile signature and by one or more counterparts, all of which so signed will together constitute one agreement, not withstanding that each party may not have signed a single original or the same counterpart. Electronic signatures will be treated as original for all purposes. All required or desired notices may be sent electronically by facsimile or email
ATTESTATION:
I have read the above and do agree to abide by the same. I will not hold Simple Sale Auctions, or its employees/contractors, liable for any misrepresentation or problems arising from said sale of the client.