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- 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 the eBay trading assistant pertaining to potential sales figures shall be considered estimates only and shall not be binding.
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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 Owner's eBay trading assistant. If the Owner transacts one or more sales of said vehicle(s), whether private or public, from the date of contract signing, and extending fourteen (14) days post auction, Owner agrees to pay owner's eBay trading assistant a commission in cash equal to 15% of the gross selling price. Owner hereby gives eBay trading assistant Gary Sansom, (dba) Manor & Street Auction Specialists, the exclusive right to auction or otherwise market and sell vehicle(s) listed under this agreement for the above prescribed duration of time.
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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.
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Owner agrees to provide U.S. title(s) and certified copies of EPA and DOT paperwork on all foreign vehicles wherever applicable.
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Owner agrees that if a consigned vehicle is pictorially featured in any eBay trading assistant authorized auction advertising, that said vehicle CANNOT be withdrawn and must go over the auction block on ebay.com.
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eBay trading assistant Gary Sansom, (dba) Manor & Street Auction Specialists, agrees to provide all online auction management services necessary to promote buyer participation. Owner agrees in return to pay the listed per vehicle, non-refundable, consignment fee in support of the auction listing effort, as well as the established, per vehicle, cumulative commission rate to eBay trading assistant Gary Sansom 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). All other fees apply to this agreement as voluntarily charged by Owner.
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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 Owner's eBay trading assistant sells the vehicle at the lowered price, the normal reserve commission rate formula shall still apply. The ebay trading assistant reserves the right to lower the commission in order to sell a vehicle with the Owner's net figure being unchanged.
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Owner agrees to pay full commission on the stated reserve price on any vehicle that is withdrawn for any reason from crossing the auction block after listing. All other conditions apply in the event the vehicle is sold by Owner during the established term of this contract (see article 2). The eBay trading assistant reserves the right to waive all penalties, subject to review, by written authorization.
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Owner assigns eBay trading assistant Gary Sansom and his attorneys proxy for the singular purpose of executing all instruments of every nature necessary or convenient to the performance of this agreement. Owner further agrees that it will be Owner's exclusive responsibility to arrange for the final transfer of vehicle titles to the winning purchaser(s).
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All checks for vehicle purchase shall be made payable direct to Owner. The eBay trading assistant will invoice Owner for all post-auction consignment and commission fees. Owner agrees to remit all fees to the eBay trading assistant within ten (10) working days of close of auction. All balances past due thirty (30) days from date of sale will incur an additional financing charge of 2% which Owner agrees to pay in addition to all original auction fees.
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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 agrees to rely only upon the Buyer for payment, thereby releasing eBay trading assistant Gary Sansom, (dba) Manor & Street Auction Specialists, from any and all legal obligation for collection, attorney fees, or any costs and/or expense connected with the vehicle sale. The Owner maintains full authority to reclaim and resell any items not paid for. In consideration for the waiver of the eBay trading assistant's commission on property for which payment has not been made, Owner agrees to accept responsibility for reclaiming said property wherever it is located.
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Owner agrees that eBay trading assistant Gary Sansom, (dba) Manor & Street Auction Specialists, shall have no liability for loss, theft or damage of any type to the vehicle, its contents or components at any time, and that eBay trading assistant Gary Sansom, (dba) Manor & Street Auction Specialists, is not a bailee of said vehicle. Owner further agrees to save eBay trading assistant Gary Sansom, his 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. The trading assistant provides no such insurance and is not an insurer of any vehicle or other article offered for sale.
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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 discrepancies. In the event, prior to the conclusion of auction, that any of Owners statements or claims are proven to be false, eBay trading assistant Gary Sansom, (dba) Manor & Street Auction Specialists, reserves the right to conclude the auction early, and allow all auction participants to rescind their bids without penalty. Owner agrees that Owner, not eBay trading assistant Gary Sansom, (dba) Manor & Street Auction Specialists, is responsible for Owner's property until sale transfer of said property is completely transacted.
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If Owner enacts a lawsuit against eBay trading assistant Gary Sansom, (dba) Manor & Street Auction Specialists, for any reason, but does not prevail, Owner agrees to reimburse Manor & Street Auction Specialists for all reasonable legal fees and expenses connected with the case.
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This agreement is not subject to cancellation without the written agreement of both parties.
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This agreement contains the entire agreement between Owner and eBay trading assistant Gary Sansom, (dba) Manor & Street Auction Specialists, and shall be binding upon both parties, their successors, personal representatives, and assigns.
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No amendment or modification of this agreement will be effective unless in writing and signed by all parties.
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This agreement is not subject to cancellation without the written agreement of both parties.
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Warranties and representations herein made shall survive the closing of this transaction.
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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.
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Jurisdiction/Venue-Governing Law: Guarantor acknowledges that Manor & Street Auction Specialists 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 eBay trading assistant Gary Sansom, (dba) Manor & Street, and venue may be had in the Yakima County Court system of the state of Washington.
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