HIGH BID AUCTIONS Consigner's Agreement
By signing and accepting this Agreement, you agree that this Agreement will apply to all future consignments consigned to HBA.
You will indemnify and hold us (and our members, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. If you have a dispute with HBA, you release us (and our members, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. Should any disputes arise, legal venue shall be in Monroe County, Sparta, Wisconsin.
Consignor (please print)_______________________________________
1. HBA will maintain items in good condition and display goods in a reasonable amount of time to the best of our abilities (usually 2 - 6 weeks) to enable sale. HBA is not responsible for broken, lost, stolen, misidentified, or damaged goods. Auctions start at $1 per lot with no reserves.
2. Once consigned, items may not be withdrawn without consent of HBA, fee may apply.
3. “Buy Backs” ---Consignors are not to bid on their own items. If a consignor does bid and wins the bid on any of his/her own items he/she is responsible to pay the full invoice price. This means the consignor will pay the commission and buyers’s fee on the item.
4. As of 10/22/16, standard consignment rates are $1.50 per lot plus 17% of the sale price . (entire estates, items of significant value, etc may qualify for special lower rates)
HBA reserves the right to refuse any consignment items for any reason.
5. HBA will provide all accounting and provide itemized statement. for all items that have been sold. Auctions end on Tuesday evenings and checks will be available to be picked up on the Thursday of the NEXT week after the auction has ended.
6. Consignor retains ownership of the item until its is paid and picked up by the buyer. If transaction is not completed, the item is relisted. HBA makes every effort to complete every sale and although uncommon, there are times that bidders do not show up. Deadbeat bidders are quickly and permanently blocked. Consignor only pays comission on completed transactions. At no time will a consignor be paid for item before the transaction is completed.
By signing this agreement, you certify that you are owner of the property you are consigning or have been authorized by the owner of the property to consign it for sale at HBA.
Signature of consignor_____________________________________Date_____________________