These Terms of Use shall serve as an agreement that sets forth the terms and conditions which will govern your use and participation in the transaction management and escrow services provided on and through Silver Eagle Transportation. By electing to utilize Silver Eagle Transportation Services You shall have also indicated your acceptance of these Terms of Use and Your intent and agreement to be bound by them. If You are unwilling to agree to these Terms of Use, You shall discontinue further use of Silver Eagle Transportation Services. If you agree to these Terms of Use, you will be bound as follows:
The Consignor is the owner of all goods consigned to the Silver Eagle Transportation. (Consignee) and has the legal right to enter into this Consignment Agreement, and guarantees that the goods consigned are authentic and titles are free and clear of liens or other claims.
Consignor warrants, covenants and agrees that the property, being sold is owned by Consignor and that there are no liens, judgments or other encumbrances against the ownership, including all rights of sale or transfer, of the consigned property. The parties agree that title to the consignment shall remain in Consignor until such consignment is sold in severable parts or in whole by Silver Eagle Transportation.
Silver Eagle Transportation agrees to deliver the property, and Consignor agrees to accept for the purpose of sale on the terms and conditions hereinafter recited in this Agreement.
Consignor states and agrees that the description(s) of the consigned property is true and correct to the best of Consignor’s knowledge and belief and further, that no undisclosed defects in such consignment are known to Consignor.
Silver Eagle Transportation states and agrees that the description(s) of the consigned property is true and correct to the best of Silver Eagle Transportation knowledge and belief and further, that no undisclosed defects in such consignment are known to Silver Eagle Transportation.
Silver Eagle Transportation shall have the exclusive right to market and sell the property described hereinabove. By consigning this personal property , Consignor agrees to grant to Silver Eagle Transportation the exclusive right to market and sell the property for an open ended period of time until the Consignor or Seller agree to negate the agreement.
Consignor shall have the exclusive right to answer potential Buyers inquiries and negotiate the price of sale.
Consignor shall not have the right to sell the property described hereinabove for his own account, outside Silver Eagle Transportation system. If Consignor does sell the consignment listed in this Agreement, Silver Eagle Transportation shall nonetheless be entitled to payment for the sale of such consignment on the terms and conditions of this Agreement.
The offering price(s) are to be determined by Consignor. Silver Eagle Transportation agrees to inform Consignor of bona fide offers to purchase the consigned property for prices less than the asking price set by Consignor. Consignor reserves the exclusive right to accept a price less than the offering price.
For Silver Eagle Transportation services, which may include preparing the property for sale, describing the property, photographing the property, listing the property, communicating with prospective Buyers about the property (on eBay transactions only), closing the sale, accepting payments for the property, and shipping the property to the Buyer, Consignor agrees that, according to the commission and fees listed, Silver Eagle Transportation will automatically deduct any commissions owed from the final sale price of items(s) prior to issuing final payment to Consignor. Silver Eagle Transportation commission schedule is described on our Company's web site (https://silvereagletransportation.com/) and may change with any new agreements with consignors.
The Consignor shall also pay Silver Eagle Transportation for any and all fees charged by third party auction web sites used by Silver Eagle Transportation ie: Ebay, to market, list and /or sell the property which may include listing fees, final value fees, Paypal fees, and any optional fees charged for special web site placement.
The Silver Eagle Transportation shall be solely responsible for maintaining insurance on the property until the item has sold and the property has been shipped to the Buyer. Silver Eagle Transportation shall be liable for damages, loss, theft or damage while items are in their possession for sale. Extra care is taken to insure that there is no loss, theft or damage to items in their care. Two separate alarm systems protect the structure that the items will be located in. All items will shipped accordingly, unless specified by the Buyer, and will be fully insured prior to being shipped. These expenses will be met by the Seller.
Along with the submission of the property, Consignor shall provide Silver Eagle Transportation with any and all information pertaining to the property which shall consists of all information about the property, which may include, but not limited to written descriptions, provenance, history, authorship, period, culture, source of origin, quality, rarity, existence of copyright or other proprietary or intellectual property rights pertaining thereto, condition/damage reports, estimates of values and reserves, and such other information as Silver Eagle Transportation may from time to time require of Consignor. All items handled by Silver Eagle Transportation will be offered with a 7 day inspection period to the Buyers. Any verbal history would have to be written down and signed by the consignor if the consignor wants that information included in the sale narrative. If the Buyer wants a lifetime money back guarantee that would be up to the consignor to offer. Silver Eagle Transportation reserves the right to refuse any item that it deems, in their opinion, not authentic or has questionable authenticity.
All of the items we offer is offered for sale on the following online marketplaces: www.ebay.com, www.craigslist.org and www.kijiji.com
Consignor agrees that Silver Eagle Transportation shall require and receive full payment on the sale of the consigned property prior to any obligation of Silver Eagle Transportation to remit payment to Consignor for the same. Upon receiving full payment for such sale, Silver Eagle Transportation shall remit, in United States currency or a check drawn on a United States bank, the amount due to Consignor under this Agreement: For each item sold, no later than 3 days following the date of full payment for each item.
It is agreed that “full payment,” as used above, shall be construed to mean and include the day of the clearing of any monetary instrument by Silver Eagle Transportation bank.
Consignor and Silver Eagle Transportation agree that an amount of 85% of the selling price shall be due and payable to Consignor upon the sale of the property subject to this Agreement. Silver Eagle Transportation shall provide a monthly written statement listing all sales made of the property subject to this Agreement including the dates of such sales, the total amount(s) received and the amount due to Silver Eagle Transportation.
Silver Eagle Transportation may terminate this Agreement at any time and for any reason by returning to Consignor all of the unsold property which is the subject of this Agreement. Consignor may terminate this Agreement at any time and for any reason, but such termination will not affect the agreement regarding items of property already sold. The expense of delivery to the Consignor of any unsold property shall be paid by the party terminating this Agreement. Prior notice of termination shall not be required of a terminating party.
Silver Eagle Transportation shall have the exclusive right to determine the business operation and management of its premises. Consignor shall have no liability or responsibility for the operation and management of Silver Eagle Transportation business, employees or agents and any torts or other causes of action resulting there from, and Silver Eagle Transportation agrees to defend, indemnify and hold harmless Consignor for same.
In the event that consigned property is lost, stolen, destroyed, damaged, or unaccounted for due to any cause, known or unknown (hereinafter these terms referred to collectively as “lost”), while consigned to the Silver Eagle Transportation: The property, or each item, so lost shall be considered as having been sold, and Silver Eagle Transportation shall pay unto Consignor the amount agreed herein as if the lost property, or each item lost, had been sold, except that only 85% of said amount (rather than the full amount) shall be owed by Silver Eagle Transportation to Consignor. Such amount shall be due 3 days following the lost of the property.
Silver Eagle Transportation may not use Consignor’s name or other identifying information in the advertising, promotion and sale of the consigned property unless written permission is granted by Consignor.
Silver Eagle Transportation may not use Consignor’s name or other identifying information in the advertising, promotion and sale of the consigned property unless written permission is granted by Consignor.
This Agreement shall be construed and governed according to the laws of the United States and Canada.
The parties agree that instances or patterns of waiver, forbearance, course of dealing or trade usage shall not affect the right of a party to demand performance of any term or condition of this Agreement.
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