Seller's Terms & Conditions
These terms and conditions define the agreement between the Consignor and Consignee regarding the consignment of the vehicle listed above (hereinafter referred to as the "vehicle") to the auction sale described at the top of this form (hereinafter referred to as the "sale"). Consignee agrees to provide auction services, sale facility, clerks and support staff and event advertising and promotion.
The Consignor agrees as follows:
With Reserve: Commissions payable will be 10%. No Reserve: Commissions payable
will be 8%. A MINIMUM commission of $100 will be charged on all vehicles.
Consignor agrees to grant the Consignee exclusive right and authority to advertise
and sell the vehicle to the Consignee for a period beginning with the date of this
agreement and ending thirty (30) days following the sale. If during this period the
vehicle should be sold or exchanged for money or other goods, or an introduction
should be made which results in the subsequent sale or exchange of the vehicle to
any third party, Consignor agrees to make immediate payment to the Consignee of
the sales commissions described in the paragraph above. The Consignee may retain
possession of the vehicle or title until payment is made in addition to any other legal
remedies which may be available.
The vehicle will be insured at Consignor's expense from the time of receipt by the
Consignee until it ceases to be in the Consignee's custody, in an amount equal to the
greater of the reserve, if any and the fair market value of the vehicle.
Consignor agrees that images of the vehicle can be used in advertising and promoting
Consignor warrants that he/she is the sole and only owner of the vehicle and that
he/she has full right and authority to sell the vehicle including clear title and consent
from any lienholders. Consignor agrees to provide the buyer with good, clear and
transferable title to the vehicle and to correct at Consignor's expense any title defects
and to pay any expenses associated with providing the buyer with good, clear, and
transferable title according to the requirements of the Province or where the buyer
seeks to register the vehicle. Original title must be on file upon check-in
or car will not cross the auction block.
Consignor agrees and consents to the sale of the vehicle according to the terms and
conditions outlined herein and in the Contract of Sale, a copy of which is available
upon request. Consignor authorizes the Consignee to release the vehicle to the
successful buyer and agrees to rely solely upon the buyer for payment. Consignor
specifically releases the Consignee from any and all legal obligation for collection
costs, attorney or legal fees, or any other expenses associated with the sale of the
vehicle and the collection of payment. If, as a convenience to the Consignor, the
Consignee should issue payment to the Consignor on behalf of the buyer, the payment
can be revoked, cancelled, or withheld at any time at the Consignee's sole discretion
until payment has been received from the buyer. All or a portion of the sale proceeds
may be withheld by the Consignee to satisfy any debt or obligation owed by the
Consignor to the Consignee with respect to this or any other agreement.
Settlement of Account
Provided that the Consignor has received payment in full from the buyer, the Consignee
will, within fifteen (15) business days of receipt of payment from the buyer, pay to the
Consignor the net proceeds after deduction of applicable sales commissions and any
other amounts owing to the Consignee by the Consignor.
Non-Payment by Buyer
In the event of non-payment by the buyer, the Consignee in
its sole discretion may cancel the sale and return the vehicle to the Consignor, enforce
payment by the buyer, or take any other actions permitted by law. The Consignor
agrees that in such an event the Consignee shall not under any circumstances be
liable for any incidental or consequential damages caused by any breach or failure
on the part of the buyer.
Consignor acknowledges that it is impossible to predict accurately the selling price or
the time of sale for the vehicle, and accordingly, no such representations are made
by the Consignee.
Consignor agrees that he/she shall accept sole responsibility and liability for any
representations made by the Consignee based upon information supplied by the
Consignor as to the character, features, condition, correctness, authenticity, or history
of the vehicle, and to save and hold the Consignee harmless from any claims which
may be made with respect to any such representations.
Consignor acknowledges and grants permission for the Consignee, its employees and
agents to drive or move the vehicle from time to time before, during or after the sale.
Consignor acknowledges that it is his responsibility to maintain sufficient insurance
coverage to permit such driving, and the Consignor specifically agrees to save the
Consignee from any liability which may result from such driving or movement of the
Cancellation of Sale
The Consignee may, at its sole discretion, cancel or rescind the sale of the vehicle if
it determines or has reason to believe that the offer for sale has or may subject the
Consignee, the Consignor, or both to any liability including but not limited to liabilities
due to representations made by the seller or due to insufficient title or authority. In the
event of such cancellation, the Consignee shall have the right to refund or credit to
the purchaser the full purchase price. In the event that the Consignor has received all
or part of the proceeds, the Consignor agrees to repay such amounts. The Consignor
also agrees to accept return of the vehicle as full and complete settlement of this
Consignor acknowledges that the Consignee assumes no liability for any loss, theft,
or damage of any kind to the vehicle, its contents, or components. The Consignee
maintains no insurance of any kind with respect to vehicles or items consigned to it for
sale. Consignor agrees to hold the Consignee, its employees, and agents harmless
from any claims for injury or property loss or damage arising out of the consignment
or sale of the vehicle.
Consignor agrees to provide vehicle's mileage (distance travelled) on or
before the first day of the sale and to accept sole responsibility for the
accuracy or inaccuracy of such statement.
The reserve price may not be increased at any time. Consignor shall have the right to
reduce the reserve price at any time prior to the sale of the vehicle. When a vehicle
is sold with reserve, the auctioneer may bid on the Consignor's behalf up to the
reserve price. If the Consignor offers to sell the vehicle for an amount less than the
reserve price and the Consignee agrees to sell the vehicle for such amount, the normal
commission rate for vehicles consigned with reserve shall apply.
If the Consignor sues the Consignee for any reason and does not prevail, the
Consignor agrees to pay all the Consignee's legal fees and expenses associated with
Title may be held by the Consignee at its sole discretion until such time as payment in
full has been received, including clearing of funds, if applicable and all Termination
Statements have been received regarding any lien payoffs.
No entry fees will be refunded for cancellation within fourteen (14) days prior
to the sale. No entry fees will be refunded if vehicle is in the catalogue.This
agreement may be cancelled fifteen (15) days or more before the sale with a
$50.00 administration fee payable.
This document contains the entire agreement between the parties and shall
be binding upon them and their respective heirs, personal representatives and
assigns. It shall not be modified unless agreed to by all parties and must be in
writing. This agreement shall be interpreted according to the laws of the Province
of Ontario in which the auction is held.
NOTE: ALL FRAME DAMAGE (BENT OR RUSTY), SALVAGE CARS OR
WRITE-OFFS MUST BE DECLARED.