[Back] Vehicle Consignor Agreement

Owner Acknowledges that it is impossible to predict with certainty the prices which will be received at auction for consigned vehicles. Any verbal predictions offered by Manor & Street pertaining to potential sales figures shall be considered estimates only and shall not be binding upon Manor & Street. Owner agrees under the terms of this contract that Owner will not sell, or cause to be sold, all or any part of the vehicle(s) listed for sale as part of this agreement, to any person, firm, or corporation except through Manor & Street. If the Owner transacts one or more sales of said vehicle(s), whether private or public, from the date of contract signing, and extending forty five (45) days post auction, Owner agrees to pay Manor & Street a commission in cash equal to 15% of the gross selling price. Owner hereby gives Manor & Street the exclusive right to auction or otherwise market and sell vehicle(s) listed under this agreement for the above prescribed duration of time. Owner warrants that Owner is the sole and only owner of any and all vehicles listed under the terms of this agreement. Owner further warrants that he or she has the exclusive right to sell said vehicle(s), and has clear title in Owner's name (no separate reassignment documents are permitted, open titles will not be accepted from individuals, Manor & Street cannot accept registration or tag receipts for non-title states and Canada, nor can we accept closed or salvaged titles), and that all vehicle identification numbers (VIN's) match those on the title. Failure to supply clean, negotiable title in the Owner's name will result in forfeiture of consignment fee and assigned lot number(s). Dealers must also include a copy of their current dealer license. Owner agrees to provide U.S. title(s) and certified copies of EPA and DOT paperwork on all foreign vehicles wherever applicable. Owner agrees to provide Manor & Street with original title to each vehicle consigned at the time of check-in (vehicles being considered for inclusion in print advertising campaign(s) must submit original title with completed consignment form, two (2) color slide transparencies of vehicle, and payment sixty (60) days prior to auction date). Owner agrees that if a consigned vehicle is pictorially featured in any Manor & Street authorized auction advertising, that said vehicle CANNOT be withdrawn and must go over the auction block. All pre-assigned lot numbers are NON-TRANSFERABLE, and there will be no substitution of vehicles accepted without prior written approval from Manor & Street. Manor & Street, LLC, (dba) Manor & Street Auction Specialists, agrees to provide advertising, provide the auction facility, clerks, cashiers and necessary sales help to promote buyer attendence. Owner agrees in return to pay the listed per vehicle, non-refundable, consignment fee in support of the marketing effort, as well as the established, per vehicle, cumulative commission rate to Manor & Street for auction services rendered (see rates & fees). Consignment fees are not credited against commissions, and commissions are charged only if Owner sells consigned vehicle(s), or withdraws after check-in (see article 10). All other fees apply to this agreement as voluntarily charged by Owner. If Owner's vehicle(s) are to be sold with reserve, the auctioneer reserves the right to bid on the Owner's behalf in an amount not to exceed the reserve price. The reserve price is an expected selling price that is inclusive of the auction commission. The Owner may verbally agree to lower the reserve price during the auction bid process. If Manor & Street sells the vehicle at the lowered price, the normal reserve commission rate formula shall still apply. Manor & Street reserves the right to lower the commission in order to sell a vehicle with the Owner's net figure being unchanged. Owner agrees to pay full commission on the stated reserve price, plus the 5% buyers premium on any vehicle that is withdrawn for any reason from crossing the auction block after check-in. All other conditions apply in the event the vehicle is sold by Owner during the established term of this contract (see article 2). Manor & Street reserves the right to waive all penalties, subject to review, by written authorization. Owner assigns Manor & Street and their attorneys proxy for the singular purpose of executing all instruments of every nature necessary or convenient to the performance of this agreement, and the transfer of vehicle titles to the purchaser(s). All checks shall be made payable to Manor & Street, as Owner's agent. All payments to Owner will be made on the tenth banking day following the sale by Manor & Street. A check for the sale price of the vehicle less the appropriate commission will be sent to Owner by certified mail. Checks may not be picked up in person (Owner's vehicle title(s) will be held in escrow by Manor & Street until Buyer's payment has cleared the bank). Owner agrees and consents to the sale of his or her vehicle(s) subject to the terms, conditions and commissions as stated herein and/or contained in the rates and fees schedule, purchase invoice, and bill of sale. Owner authorizes Manor & Street to release his or her vehicle to Buyer on the basis of the method of payment noted in this instrument, and agrees to rely only upon the Buyer for payment, thereby releasing Manor & Street from any and all legal obligation for collection, attorney fees, or any costs and/or expense connected with the vehicle sale. Manor & Street shall have full authority to reclaim and resell any items not paid for. Manor & Street reserves the right to eliminate from settlement any property for which payment has not been made. In consideration for the waiver of Manor & Street's commission on property for which payment has not been made, Owner agrees to accept responsibility for reclaiming said property wherever it is located. Owner agrees that Manor & Street shall have no liability for loss, theft or damage of any type to the vehicle, its contents or components at any time, and that Manor & Street is not a bailee of said vehicle. Owner further agrees to save Manor & Street, its agents and employees harmless from any claims for personal injury and property loss or damage arising out of this transaction. Owner shall maintain his or her own insurance. Manor & Street provides no such insurance and is not an insurer of any vehicle or other article offered for sale. Owner represents that all of the Owner's statements and claims with respect to consigned vehicle(s) are true and correct to the best of Owners knowledge, and Owner has not withheld from disclosure any known or unknown material problems, flaws or discrepencies. In the event, prior to the conclusion of auction, that any of Owners statments or claims are proven to be false, Manor & Street reserves the right to allow the buyer to rescind the sale and receive a full refund from Owner for the purchase price paid. Owner agrees that Owner, not Manor & Street, is responsible for Owner's property until sale transfer of said property is completely transacted. If Owner enacts a lawsuit against Manor & Street for any reason, but does not prevail, Owner agrees to reimburse Manor & Street for all reasonable legal fees and expenses connected with the case. Owner accepts his or her responsibility to drive his or her own vehicle through the auction process. If Owner or Owner's representative is unable or unwilling to drive a consigned vehicle for any reason, a driver can be assigned through Manor & Street for a prepaid flat rate of $20.00 per vehicle. Owner agrees that Manor & Street will not be responsible for any damage, or accidents that may occur while vehicle is under the control of a Manor & Street driver. This agreement is not subject to cancellation without the written agreement of both parties. This agreement contains the entire agreement between Owner and Manor & Street, and shall be binding upon both parties, their succesors, personal representatives, and assigns. No amendment or modification of this agreement will be effective unless in writing and signed by all parties. Warranties and representations herein made shall survive the closing of this transaction. If any provisions of this agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Jurisdiction/Venue-Governing Law: Guarantor acknowledges that Manor & Street is a Limited Liability Company of Washington State with its principle place of business in Yakima, Washington. All parties expressly agree that this contract shall be construed under the substantive laws of the state of Washington, and that the state courts of Washington shall have exclusive jurisdiction over any action brought to enforce the terms of this contract, or over any action arising out of the underlying transaction(s) with Manor & Street, and venue may be had in the Yakima County Court system of the state of Washington. [Top] [Back]