The Consignor is the owner of all goods consigned to the QuickCarSales777. (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 QuickCarSales777.
2. Description of Consigned Property.
QuickCarSales777 agrees to deliver the property, and Consignor agrees to accept for the purpose of sale on 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.
QuickCarSales777 states and agrees that the description(s) of the consigned property is true and correct to the best of QuickCarSales777 knowledge and belief and further, that no undisclosed defects in such consignment are known to QuickCarSales777.
3. Non-Exclusivity or Exclusivity of Agreement.
QuickCarSales777 shall have the exclusive right to market and sell the property described hereinabove. By consigning this personal property , Consignor agrees to grant to QuickCarSales777 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 QuickCarSales777 system. If Consignor does sell the consignment listed in this Agreement, QuickCarSales777 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. QuickCarSales777 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 QuickCarSales777 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, QuickCarSales777 will automatically deduct any commissions owed from the final sale price of items(s) prior to issuing final payment to Consignor. QuickCarSales777 commission schedule is described on our Company's web site (www.oviautodepot.com) and may change with any new agreements with consignors.
6. Additional Fees.
The Consignor shall also pay QuickCarSales777 for any and all fees charged by third party auction web sites used by QuickCarSales777 ie: 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 web site placement.
7. Insurance And Limitation Of Liability.
The QuickCarSales777 shall be solely responsible for maintaining insurance on the property until the item has sold and the property has been shipped to the Buyer. QuickCarSales777 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 QuickCarSales777 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 QuickCarSales777 may from time to time require of Consignor. All items handled by QuickCarSales777 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. QuickCarSales777 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.craigslist.org www.kijiji.com and www.gumtree.com
10. Time of Payment(s) to Consignor.
Consignor agrees that QuickCarSales777 shall require and receive full payment on the sale of the consigned property prior to any obligation of QuickCarSales777 to remit payment to Consignor for the same. Upon receiving full payment for such sale, QuickCarSales777 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 QuickCarSales777 bank.
11. Amount(s) of Payment(s) to Consignor.
Consignor and QuickCarSales777 agree that an amount of 85% of the selling price shall be due and payable to Consignor upon the sale of the property subject to this Agreement. QuickCarSales777 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 QuickCarSales777.
12. Termination of this Consignment Agreement.
QuickCarSales777 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 QuickCarSales777 Business.
QuickCarSales777 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 QuickCarSales777 business, employees or agents and any torts or other causes of action resulting there from, and QuickCarSales777 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 QuickCarSales777: The property, or each item, so lost shall be considered as having been sold, and QuickCarSales777 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 QuickCarSales777 to Consignor. Such amount shall be due 3 days following the lost of the property.
QuickCarSales777 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 United Kingdom, United States and Canada.
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.
19. Registration Agreement.
By registering a transaction with us, You agree and engage and commit to buy the Item under QuickCarSales777. Terms and Policy for online transactions.
According to the UK, US and Canadian Financial and Business Codes, through the QuickCarSales777, Document Number L12000147242, by submitting a registration request and not completing the purchase, You are fully responsible under law for the delay caused to other Customers and also for the fees charged by QuickCarSales777 for processing Your transaction (i.e. system processing information, packing documents, assistance, loading/unloading the Item, changing the delivery schedule).
20. Policy against advertising our website using unsolicited email messages
We require that all e-mails promoting oviautodepot.com or its products are sent only to clients who have agreed to receive such messages. We prohibit any advertising of our brand and Web site using unsolicited email messages. Not complying with this policy will cause partnership termination. If you feel you’ve been sent unsolicited emails promoting our brand or website and would like to register a complaint, please email our abuse department (email@example.com). We will immediately investigate all allegations made related to unsolicited messages.