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Online Auction AGREEMENT

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Online Auction AGREEMENT 1st Annual Spring Contractors Online Auction AGREEMENT SALE OF EQUIPMENT, VEHICLES, AND PERSONAL PROPERTY BY BUSINESS PROFESSIONAL AUCTIONEERS This Agreement made on / / 2015, between , hereafter called "Seller", and Auctions International, Inc., 11167 Big Tree Rd, East Aurora, NY 14052, hereafter called "Auctioneer": The Auctioneer will use professional skill, knowledge, and experience to the best advantage of both parties in preparing for and conducting the sale. The Auctioneer's staff will be responsible for the listing(s) of the auction merchandise. Brief Description of Sale Items: (Condition reports available for detailed documentation of items, along with free technical assistance from auction staff.) - For motor vehicles, Seller must provide clean title or transferable registration, with no existing liens or encumbrances. If there is a lien on anything we must be notified IN WRITING: amount owed & lien holder - For personal property, Seller guarantees that there are no liens, and that they have the authority to sell the items listed. - Seller agrees to release all items to the respective purchasers, upon proof of a paid receipt from the Auctioneer. - Seller agrees not to sell merchandise listed in the online auction before the auction is complete, under any circumstances. - Seller agrees to refer any interested parties to the online auction website, prior to the closing of the online auction items. - Seller agrees to provide a copy of business license or proof of registration in the state they are located (to match the contract). The auction will be held online at www.AuctionsInternational.com, beginning on April 22, 2015 and ending on May 6, 2015. Auctioneer will charge an eight percent (8%) buyer premium to purchasers, plus a PER LOT seller commission at the following rate: 0% Seller’s Commission for this event ONLY!! $25.00 No sale fee It is mutually agreed that all sale merchandise be sold to the highest bidder, "as-is", "where-is", with no warranty expressed, implied or otherwise. Seller agrees to set a minimum ‘reserve’ price prior to the auction, for each auction lot. If the reserve price is met or exceeded, the item will be considered sold. If the reserve price is not met, the Seller will have the option to sell the item below the reserve price. If the Seller does not sell an auction lot, a no sale fee, $25, will be assessed. If seller does not set a minimum reserve, the lot will be sold absolute to the highest bidder with no option to decline. (check one that applies) ____Reserves Enclosed ____Absolute (to the highest bidder) Seller agrees to provide photographs and descriptions of the auction merchandise, to conduct the auction. All merchandise is to be represented in a fair and honest manner. $500 Cancellation Fee (only applicable if the Seller cancels the auction or withdraws the merchandise). Auctioneer will mail a check for the net auction proceeds collected fifteen (15) business days after Seller approves the bids and money is collected. In the event that a bidder fails to pay for invoiced items, the Auctioneer will offer the said merchandise to the backup bidder(s), and other qualified buyers. The bidder who did not pay will be banned from all future auctions. If the backup bidder does not take the merchandise for the backup bid price, then the said merchandise will revert back to possession of the seller. At the request of the Seller, any unsold merchandise can be re-listed in a future online auction. The seller agrees not to bid on their own item(s) or have anyone else bid on their item on their behalf. No shilling or bid rigging under Article 78 of the New York State and Federal Law. Violators of this law will be prosecuted. GOVERNING LAW. This agreement has been executed and delivered in the State of New York and shall be governed by and interpreted in accordance with the Laws of New York State. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement among the parties with respect to the subject matter of this Agreement, and supersedes any and all prior understandings and agreements, whether written or oral, and all prior dealings of the parties with respect to the subject matter of this Agreement. (X)______________________________________________________ Business Name (***____ Please check if you would like your business name to appear on the auction***) (x) Seller's Signature(s) Seller's Name (print please) Home / Mobile Telephone (x) Seller's Legal Mailing Address Business Telephone (x) Seller's E-Mail Address (x) Auctioneer's Signature Date of Signing Contract Revised 3/23/2015 This contract is ONLY valid for the Annual Spring Contractors Online Auction. .
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