1. FEES (SELLER agrees to pay AGENT):
a. Commission: SELLER agrees to pay a Commission rate. Commission is based on the highest bid for each lot sold on the public online auction. Commission will be deducted from the payout to SELLER.
• Standard Commission Schedule (per lot): 20%
• Special Commission Schedule (per lot): Rate as designated by Not Just Guns of Mason based on circumstances
b. Lot Entry Fee: $10.00 per lot. Applies to each lot accepted and listed by AGENT for sale on the public online auction. Lot entry fee will be deducted from payout to SELLER.
2. PAYMENTS (AGENT agrees to pay SELLER in the following manner):
a. A payout check will be issued to and mailed to the SELLER, as listed above, for the amount of total highest bid for all items contracted for sale with AGENT, less agreed upon commissions and applicable fees and expenses. The check will include a detailed statement of bid price, commission paid, expenses, fees, etc.
b. AGENT will payout a check and statement within 14 banking days after the auction or completed sale of item(s), at the request of the SELLER. Payments are not automatically sent out.
c. SELLER acknowledges that, in the unlikely event that the AGENT is unable to complete sale with highest bidder, for any reason (i.e. unable to contact and/or collect payment) AGENT will not be required to pay SELLER for sale not completed; SELLER agrees items that do not sell for any reason, will be set for sale again.
a. AGENT will arrange advertising and mailings as it deems advisable to obtain the maximum results. AGENT will conduct the public online auction, make all collections and finalize billing details directly connected with the auction.
b. AGENT is not responsible nor liable for performance issues, website outages, internet interruptions, or system failures of the online auction bidding system and SELLER agrees that the AGENT will have no liability to SELLER for any performance issues.
c. SELLER agrees all items are subject to acceptance or rejection by AGENT.
d. SELLER agrees all items will sell to the highest bidder.
e. SELLER agrees not to bid on their own items.
f. SELLER agrees any intentional or unintentional misrepresentation by the SELLER or AGENT as to description or condition will allow AGENT to make a downward adjustment on the selling price or void sale completely at AGENT‘s discretion.
g. SELLER will maintain insurance and holds AGENT harmless for any damage or liability claims to SELER’s item(s) resulting from involvement of equipment or property at auction premises until SELLER has been paid by AGENT. SELLER will be liable for any theft, damage, fire damage or vandalism that may occur while on auction premises or while being handled by AGENT.
h SELLER agrees items that do not sell for any reason are required to be removed by SELLER from AGENT'S premises within 60 days of auction date. If SELLER does not remove from AGENT’S premises by the deadline date, AGENT is authorized to dispose of or sell in any manner deemed expedient by AGENT, with no implied covenant of commercial reasonableness (value), and further authorized to apply sale proceeds, if any, to any SELLER obligation owed AGENT, with the surplus, if any, to be sent to SELLER.
i SELLER agrees that the equipment herein listed will not be withheld or disposed of in any manner by the SELLER once delivered to AGENT.
j. SELLER agrees that AGENT makes no guarantees as to selling price. If an investment is to be protected (lien holder or secured party) the amount is to be listed in the Internal Use section below, and SELLER acknowledges they have reviewed and approved the value stated in this section of contract.
4. INTEGRATION CLAUSE: There are no representations, agreements or conditions relating to the subject matter hereof other than as expressly set forth in this Agreement and/or the accompanying Statement of Appendix which contain the entire agreement between the parties. The SELLER acknowledges that no oral representations or warranties have been made by NotJustGuns.com or by any of NotJustGuns.com AGENT's, affiliates, or employees.
5. CONSENT TO SUIT IN MICHIGAN: In the event of legal proceedings arising from this contract or from the auction in connection therewith, SELLER consents to being subject to the personal jurisdiction of the courts of the State of Michigan. SELLER also agrees that venue shall be in Ingham County, Michigan and that the laws of the State of Michigan shall govern this Agreement and the parties’ transaction hereunder. The SELLER expressly agrees to indemnify and save the AGENT and their assigns harmless from and against all claims, losses, expenses, damage or liability, (including, but not limited to, attorney's fees), directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of the AGENT, or anyone acting in his/her behalf in connection with or arising out of auction, except that the SELLER shall not be responsible to the AGENT for damages caused by or resulting from the AGENT's sole negligence.