Fees and Payments:
|The creation and maintenance of the listing of the Vehicle on the Website shall be the property of and the responsibility of the Company. In the event that the Vehicle is sold to a buyer (Buyer) who has been informed of the sale of the Vehicle through the Website or has been introduced to the Seller by the Company, the Seller agrees to pay the Company a commission of 5% of the gross sales price. All payments shall be in US funds only and shall be paid within 5 days of the sale. Trades in kind shall be considered as sales and a full cash commission shall be payable on the fair value of the trade goods.|
Conduct of Sale:
The Seller agrees to appoint the Company and it's assigns as their agent with the right to offer the Vehicle for sale. The Seller acknowledges that the actual sale of the Vehicle is directly to the Buyer. The Company will never hold title to the Vehicle and will not provide any of its own warranties to a Buyer. Any warranties that may exist shall be between the Buyer and Seller only. The Vehicle will be offered at a sales price determined by the Seller, which price shall include provisions for prompt payment of the commission to the Company. All offers made by prospective Buyers will be conveyed to the Seller. The Seller must notify the Company within 48 hours of the accepted sale of the Vehicle. Failure to so notify, mislead or submit falsified sale prices will subject Seller to a charge equaling 5% of the original sales price. In the event that the Vehicle is sold within 180 days after termination of this agreement, and the sale had resulted from any efforts expended by the Company, the full commission will be payable to the Company.
Responsibilities of the Company:
The Company will provide a Website listing of the Vehicle once the required materials, description and documentation are submitted by the Seller. The Company agrees to provide reasonable corrections or additions to the listing as requested by the Seller. The Company will use its best efforts to bring about the sale of the Vehicle. The Company will endeavor to respond to any good faith inquiry regarding the Vehicle.
Responsibilities of the Seller:
The Seller warrants that it is the true owner of the Vehicle. Any encumbrances or liens must be disclosed. The Seller shall provide the required materials for the listing, including but not limited to 6 quality photographs of the Vehicle and a detailed description of the Vehicle, including information outlined in the Car Data Template, which is incorporated into the Company Website. The Seller agrees to promptly provide any additional information on the Vehicle which may be requested by the Company. The Seller agrees to accept any purchase offer which meets or exceeds its stated sales price. The Seller hereby grants the Company unlimited use of any photographic or motion picture materials submitted.
Exclusivity in Media:
At the Company's request the Seller shall indicate whether the Vehicle is on offer in any other media (electronic, print, or otherwise). If it is not on offer in other media the Company has the right to indicate in the listing that it is a media exclusive. Seller shall promptly notify the Company of any change in this offering status of the Vehicle. Media exclusivity does not imply that the Company is the exclusive sales agent for the Vehicle. The Seller shall retain the right to sell the vehicle through independent channels, provided the buyer is not introduced from or the sale originates by the original Company listing..
This agreement may be terminated at any time by either party. In the event of termination by the Seller, the Company has the right to register with the Seller all Buyer leads for the purpose of securing it's commission in the event of a subsequent sale to any of the leads. If termination is requested by the Seller the Company agrees to remove the listing from the Website.
Limitation of Liability, Indemnity, Severability, Entirety:
Seller agrees that the Company shall nave no liability to the Seller for any loss the Seller may incur in connection with this Agreement, the Website Listing, or the Company's efforts on behalf of the Seller. Seller agrees to indemnify and hold the Company harmless for any dispute arising from the activities of the Company on behalf of the Seller. Seller agrees that the terms of this Agreement are severable. If any term or provision is declared invalid, it shall not effect the remaining terms or provisions, which shall continue to be binding. Seller agrees that this Agreement is the complete and exclusive agreement between the Seller and the Company regarding the listing and sale of the Vehicle. This Agreement supersedes all prior agreements and understandings, whether established by custom, practice, policy, or precedent. This agreement may not be amended or revised , except in writing and duly signed by the Company and the Seller.
This agreement shall be governed in accordance with the laws of the State of New Hampshire, USA and is subject to the additional Legal Disclaimer incorporated into the Website. Any and all disputes, should they arise, shall be submitted to binding arbitration in accordance with the American Arbitration Association.
Please fax or mail a signed copy back to us at:
Country, ZIP/Post Code:____________________________
Vehicle Description: Year:________ Make:_________________
Model: __________ Serial #: ___________ Price: __________