Seller Agreement
Please review our legal contract for sellers.
This Seller Agreement (the “Agreement”), states the terms of the Parties’ agreement with respect to personal property (the “Property”), consigned to SellBuddy, LLC, a Colorado limited liability company (the “Company”) and the seller, referred to as (the “Owner”).
BY CLICKING THE “AGREE” BUTTON UPON REQUESTING THIS SERVICE OR USING THE SERVICE BY PROVIDING PROPERTY TO THE COMPANY YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT PARTICIPATE IN THE PROGRAM.
1. Duties of Company
The Property is listed on a property inventory form attached to this Agreement, executed separately or property subsequently identified and agreed by the parties as being subject to this Agreement. Owner agrees to offer the Property for sale, subject to the terms set forth in this Agreement. The Company cannot guarantee any sale price in a public auction or open offer format. The Company will act solely as an agent in any transaction between the Owner and the eventual buyer. The Company agrees to take commercially reasonable efforts to cause the sale of the Property; however, Owner understands that the offer for sale of any property through online auction or offer platforms provide no guarantee that any item constituting the Property will be sold at all.
2. Exclusive Rights of Sale
By consigning the Property, Owner agrees to grant to the Company the exclusive right to market and sell the Property for a period of 30 days from the date this Agreement is signed. Accordingly, the Property cannot be withdrawn from the sale by the Owner for any reason without the consent of the Company. The Company may withdraw the Property from any sales platform and return such Property to Owner at any time and for any reason. The Owner may not attempt to sell, destroy, or alter the Property during the period of this Agreement.
3. Commission and Fees
For the Company’s services, which may include picking up the Property from the Owner, preparing the Property for sale, describing the Property, photographing the Property, listing the Property, communicating with prospective buyers about the Property, closing the sale, accepting payments for the Property, and shipping the Property to the buyer, Owner agrees that, according to the Company’s current commission schedule, the Company shall automatically deduct any commissions owed from the final sale price of the Property prior to issuing the final payment to the Owner.
4. Commission Schedule
a. Upon the sale of the Property the following commission schedule will be automatically applied:
100%
90%
80%
70%
60%
50%
40%
Below $20
From $20 to $49.99
From $50 to $99.99
From $100 to $299.99
From $300 to $499.99
From $500 to $999.99
From $1000 and Above
0
1 to 4
5 to 10
11 to 20
21 to 30
31 to 50
51 or more
$25
$35
$75
$200
$250
$350
$500
b. Final selling price is based on the final qualifying bid or purchase price. When the Property sells, the Company shall deduct commissions from the proceeds of the auction or sale. In the event the Property does not sell within 30 days, the Company shall notify the Owner via email. The Property will then be donated to an organization of the Company’s choosing. If the Owner does not want the Property donated and wishes to retake possession of the Property after the selling period, the Company will hold the Property for up to 5 days (beginning the day the Company sends the email notification) until the Owner can retrieve the Property. If the Owner does not retrieve the Property within 5 days of notification, the Company will then donate the Property to an organization of the Company’s choosing.
c. In the event the Property is broken or deemed unsellable, the Company will notify the Owner via email. The Owner will then be responsible for retrieving the Property from the address of the Company. If the Owner does not want the unsellable Property returned or does not respond to the Company’s notice within 5 days, the Company reserves the right to recycle the product or the product to an organization or persons in need of its choosing.
5. Additional Fees
a. Marketplace Fees. The Company assumes all reasonable marketplace fees under this Agreement.
b. Cleaning/Assembly Fees. If the Company deems the Property to require reasonable cleaning or assembly upon taking possession
of the Property, a cleaning/assembly fee of $1 per minute for every minute required to clean or assemble the Property after an initial free 10 minute cleaning/assembly period will be applied and automatically deducted from the final sale price of the Property after commission has been applied. If the Property’s sale price minus the commission applied is less than this fee, the remaining amount will be applied to subsequent sales of additional Property from the Owner.
c. Service Fee Schedule. If the Owner requests the Company to pick up and/or remove the Property from the owner’s residence, a service fee will be applied and automatically deducted from the final sale price of the Property after commission has been applied. If the Property’s sale price minus the commission applied is less than this fee, the remaining amount will be applied to subsequent sales of additional Property from the Owner. If the Owner chooses to drop off the Property at the address of the company, there will be no service fee. A “Large Item” is defined as an item that requires two people of average strength to carry and/or maneuver. If removal and/or pick up is requested, the following service fee schedule will be automatically applied:
d. Special Item Fees. Property may be classified as a special item using the full discretion of the Company. If the Property is classified as a special item by the Company, a separate fee determined by the Company may be applied and automatically deducted from the final sale price of the Property after commission has been applied. If the Property’s sale price minus the commission applied is less than this fee, the remaining amount will be applied to subsequent sales of additional Property from the Owner.
6. Limitation of Liability The Company shall not be liable in any way for damages, whether general, special, incidental, or consequential, however caused, whether by loss, theft, or damage, including negligence, arising out of consignment and/or sale of the Property, and including the packing and shipping of the Property.
7. Method of Sale
a. Timing of Auction. The Company shall retain full control over the timing, method, location, and type of auction or sale to use in selling the Property.
b. Place of Auction. The Company may use any third-party auction or sale website, or any website owned by the Company to market and sell the Property. The Company may also sell the Property to buyers it contacts directly if it thinks the best price is achieved in this manner.
c. Use of Owner’s Name. Owner’s name, or designated business name as noted in this Agreement, will not be disclosed by the Company to the buyer of the Property.
d. Shill Bidding. Neither Owner, its principal, if any, nor any other representatives or agent shall bid on the Property. Such bidding is considered shill bidding and is strictly prohibited by the Company and many third-party auction sites.
e. Completion of Sale. No sale shall be considered complete until the buyer has made final and full payments to the Company. The sale shall be considered complete after the Property has been shipped to the buyer and the buyer has confirmed receipt of the Property in the condition described and photographed.
f. Non-paying Buyer. If the Company is unable to collect payment from a buyer, no payment shall be made to the Owner for the Property. Once the Company deems the sale unable to be collected, the Property may be re-listed at the discretion of the Company or offered to the next highest bidder.
8. Settlement of Account
No later than 30 business days after the completion of the sale of the Property, the Company shall pay the Owner the net proceeds received and collected from the sale of the Property after deducting any fees or commissions due and any other expenses, fees and charges due hereunder or required by law, provided that no claim has been made against any of the Property or proceeds of sale, that there are no funds due to the Company for whatever reason, and further provided that the buyer has not given notice of intent to rescind the sale. The proceeds of the sale shall be paid to the Owner through the Owner’s provided PayPal, Zelle, or Venmo account.
9. Warranties and Indemnity
a. Warranties. Owner represents and warrants to the Company that:
i. Owner has the right, power, and authority to consign the Property for sale and enter into this Agreement and to perform all obligations hereunder; and
ii. The Property is, and, until sold, shall remain free and clear of all liens, encumbrances or claims of third parties of any kind whatsoever; and
iii. Good title will pass to the buyer upon sale; and
iv. There are no restrictions on the Company to reproduce photographs of the Property; and
v. The information the Owner has provided to the Company is true and correct. Owner acknowledges and agrees that the Company will rely upon the accuracy and completeness of the foregoing warranties.
b. Indemnity. Owner shall defend, indemnify, and hold harmless, the Company, its employees, members, managers, and agents, against any and all claims, actions, damages, losses, and expenses (including reasonable attorney’s fees for counsel of the Company’s choice) arising out of or resulting from any and all claims raised by the buyer of the Property, including but not limited to, ownership or right to possession of any of the Property, any alleged breach by Owner of any obligation, representation or warranty pursuant to this Agreement, or from the Company’s offering for sale or selling the Property.
10. Withdrawal by Owner If the Owner chooses to retrieve the Property before the end of the 30-day period, the Owner shall pay the Company a $10 fee upon retrieval of the Property. Owner shall not sell or dispose of the Property by any other means during the period of this Agreement. A breach of this paragraph shall be grounds for the Company to terminate this Agreement immediately.
11. Withdrawal by Company The Company shall have the right to withdraw the Property from a platform at any time prior to the sale if, in its judgement: a. There is doubt as to the information provided by the Owner; orb. The information provided by the Owner concerning the Property is inaccurate; orc. Owner has breached or it is anticipated will breach any provision of this Agreement; ord. The Company has doubt about title to the property or the authority to pass clear title of the Property to the buyer. Withdrawal of Property pursuant to this paragraph shall be the basis for immediate termination of this Agreement.
12. Unsold or Withdrawn Property. In the event of withdrawal of the Property by Company or Owner: The Owner shall retrieve the item from the address of the Company before the end of the 30-day period of service and pay a $10 withdrawal fee.
13. Incomplete or Missing Components In the event the Company discovers a missing component or part of the Property necessary to sell the Property after taking possession, the Company reserves the right to immediately return the Property to the Owner. The Owner will then be notified via email and will be responsible for retrieving the Property from the principal address of the Company. Alternatively, the Owner can request the Company to donate the Property to a person or organization of the Company’s choosing. Upon receiving the email, the Owner will have 5 days to respond and schedule a time to retrieve the Property. If the Owner does not respond within 5 days, the Company will automatically donate the Property to a person or organization of the Company’s choosing.
14. Miscellaneous Owner has read and understood this Agreement. Should the Owner bring any legal action against the Company related to this transaction, the matter shall be decided in a court of law in the State of Colorado. If the said court of law decides in favor of the Company, the Owner agrees to pay all legal costs incurred by the Company to defend against such action.
a. Merger clause. This Agreement constitutes the sole Agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document’s date. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and signed by both parties.
b. Waiver of Damages. Notwithstanding anything to the contrary contained herein, in no event shall any party be liable for consequential, special, exemplary, or punitive damages in connection with this Agreement.
This Seller Agreement (the “Agreement”), states the terms of the Parties’ agreement with respect to personal property (the “Property”), consigned to SellBuddy, LLC, a Colorado limited liability company (the “Company”) and the seller, referred to as (the “Owner”).
BY CLICKING THE “AGREE” BUTTON UPON REQUESTING THIS SERVICE OR USING THE SERVICE BY PROVIDING PROPERTY TO THE COMPANY YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT PARTICIPATE IN THE PROGRAM.
1. Duties of Company
The Property is listed on a property inventory form attached to this Agreement, executed separately or property subsequently identified and agreed by the parties as being subject to this Agreement. Owner agrees to offer the Property for sale, subject to the terms set forth in this Agreement. The Company cannot guarantee any sale price in a public auction or open offer format. The Company will act solely as an agent in any transaction between the Owner and the eventual buyer. The Company agrees to take commercially reasonable efforts to cause the sale of the Property; however, Owner understands that the offer for sale of any property through online auction or offer platforms provide no guarantee that any item constituting the Property will be sold at all.
2. Exclusive Rights of Sale
By consigning the Property, Owner agrees to grant to the Company the exclusive right to market and sell the Property for a period of 30 days from the date this Agreement is signed. Accordingly, the Property cannot be withdrawn from the sale by the Owner for any reason without the consent of the Company. The Company may withdraw the Property from any sales platform and return such Property to Owner at any time and for any reason. The Owner may not attempt to sell, destroy, or alter the Property during the period of this Agreement.
3. Commission and Fees
For the Company’s services, which may include picking up the Property from the Owner, preparing the Property for sale, describing the Property, photographing the Property, listing the Property, communicating with prospective buyers about the Property, closing the sale, accepting payments for the Property, and shipping the Property to the buyer, Owner agrees that, according to the Company’s current commission schedule, the Company shall automatically deduct any commissions owed from the final sale price of the Property prior to issuing the final payment to the Owner.
4. Commission Schedule
a. Upon the sale of the Property the following commission schedule will be automatically applied:
95%
85%
75%
65%
55%
45%
35%
Below $20
From $20 to $49.99
From $50 to $99.99
From $100 to $299.99
From $300 to $499.99
From $500 to $999.99
From $1000 and Above
b. Final selling price is based on the final qualifying bid or purchase price. When the Property sells, the Company shall deduct commissions from the proceeds of the auction or sale. In the event the Property does not sell within 30 days, the Company shall notify the Owner via email. The Property will then be donated to an organization of the Company’s choosing. If the Owner does not want the Property donated and wishes to retake possession of the Property after the selling period, the Company will hold the Property for up to 5 days (beginning the day the Company sends the email notification) until the Owner can retrieve the Property. If the Owner does not retrieve the Property within 5 days of notification, the Company will then donate the Property to an organization of the Company’s choosing.
c. In the event the Property is broken or deemed unsellable, the Company will notify the Owner via email. The Owner will then be responsible for retrieving the Property from the address of the Company. If the Owner does not want the unsellable Property returned or does not respond to the Company’s notice within 5 days, the Company reserves the right to recycle the product or the product to an organization or persons in need of its choosing.
5. Additional Fees
a. Marketplace Fees. The Company assumes all reasonable marketplace fees under this Agreement.
b. Cleaning/Assembly Fees. If the Company deems the Property to require reasonable cleaning or assembly upon taking possession
of the Property, a cleaning/assembly fee of $1 per minute for every minute required to clean or assemble the Property after an initial free 10 minute cleaning/assembly period will be applied and automatically deducted from the final sale price of the Property after commission has been applied. If the Property’s sale price minus the commission applied is less than this fee, the remaining amount will be applied to subsequent sales of additional Property from the Owner.
c. Service Fee Schedule. If the Owner requests the Company to pick up and/or remove the Property from the owner’s residence, a service fee will be applied and automatically deducted from the final sale price of the Property after commission has been applied. If the Property’s sale price minus the commission applied is less than this fee, the remaining amount will be applied to subsequent sales of additional Property from the Owner. If the Owner chooses to drop off the Property at the address of the company, there will be no service fee. A “Large Item” is defined as an item that requires two people of average strength to carry and/or maneuver. If removal and/or pick up is requested, the following service fee schedule will be automatically applied:
d. Special Item Fees. Property may be classified as a special item using the full discretion of the Company. If the Property is classified as a special item by the Company, a separate fee determined by the Company may be applied and automatically deducted from the final sale price of the Property after commission has been applied. If the Property’s sale price minus the commission applied is less than this fee, the remaining amount will be applied to subsequent sales of additional Property from the Owner.
6. Limitation of Liability The Company shall not be liable in any way for damages, whether general, special, incidental, or consequential, however caused, whether by loss, theft, or damage, including negligence, arising out of consignment and/or sale of the Property, and including the packing and shipping of the Property.
7. Method of Sale
a. Timing of Auction. The Company shall retain full control over the timing, method, location, and type of auction or sale to use in selling the Property.
b. Place of Auction. The Company may use any third-party auction or sale website, or any website owned by the Company to market and sell the Property. The Company may also sell the Property to buyers it contacts directly if it thinks the best price is achieved in this manner.
c. Use of Owner’s Name. Owner’s name, or designated business name as noted in this Agreement, will not be disclosed by the Company to the buyer of the Property.
d. Shill Bidding. Neither Owner, its principal, if any, nor any other representatives or agent shall bid on the Property. Such bidding is considered shill bidding and is strictly prohibited by the Company and many third-party auction sites.
e. Completion of Sale. No sale shall be considered complete until the buyer has made final and full payments to the Company. The sale shall be considered complete after the Property has been shipped to the buyer and the buyer has confirmed receipt of the Property in the condition described and photographed.
f. Non-paying Buyer. If the Company is unable to collect payment from a buyer, no payment shall be made to the Owner for the Property. Once the Company deems the sale unable to be collected, the Property may be re-listed at the discretion of the Company or offered to the next highest bidder.
8. Settlement of Account
No later than 30 business days after the completion of the sale of the Property, the Company shall pay the Owner the net proceeds received and collected from the sale of the Property after deducting any fees or commissions due and any other expenses, fees and charges due hereunder or required by law, provided that no claim has been made against any of the Property or proceeds of sale, that there are no funds due to the Company for whatever reason, and further provided that the buyer has not given notice of intent to rescind the sale. The proceeds of the sale shall be paid to the Owner through the Owner’s provided PayPal, Zelle, or Venmo account.
9. Warranties and Indemnity
a. Warranties. Owner represents and warrants to the Company that:
i. Owner has the right, power, and authority to consign the Property for sale and enter into this Agreement and to perform all obligations hereunder; and
ii. The Property is, and, until sold, shall remain free and clear of all liens, encumbrances or claims of third parties of any kind whatsoever; and
iii. Good title will pass to the buyer upon sale; and
iv. There are no restrictions on the Company to reproduce photographs of the Property; and
v. The information the Owner has provided to the Company is true and correct. Owner acknowledges and agrees that the Company will rely upon the accuracy and completeness of the foregoing warranties.
b. Indemnity. Owner shall defend, indemnify, and hold harmless, the Company, its employees, members, managers, and agents, against any and all claims, actions, damages, losses, and expenses (including reasonable attorney’s fees for counsel of the Company’s choice) arising out of or resulting from any and all claims raised by the buyer of the Property, including but not limited to, ownership or right to possession of any of the Property, any alleged breach by Owner of any obligation, representation or warranty pursuant to this Agreement, or from the Company’s offering for sale or selling the Property.
10. Withdrawal by Owner If the Owner chooses to retrieve the Property before the end of the 30-day period, the Owner shall pay the Company a $10 fee upon retrieval of the Property. Owner shall not sell or dispose of the Property by any other means during the period of this Agreement. A breach of this paragraph shall be grounds for the Company to terminate this Agreement immediately.
11. Withdrawal by Company The Company shall have the right to withdraw the Property from a platform at any time prior to the sale if, in its judgement: a. There is doubt as to the information provided by the Owner; orb. The information provided by the Owner concerning the Property is inaccurate; orc. Owner has breached or it is anticipated will breach any provision of this Agreement; ord. The Company has doubt about title to the property or the authority to pass clear title of the Property to the buyer. Withdrawal of Property pursuant to this paragraph shall be the basis for immediate termination of this Agreement.
12. Unsold or Withdrawn Property. In the event of withdrawal of the Property by Company or Owner: The Owner shall retrieve the item from the address of the Company before the end of the 30-day period of service and pay a $10 withdrawal fee.
13. Incomplete or Missing Components In the event the Company discovers a missing component or part of the Property necessary to sell the Property after taking possession, the Company reserves the right to immediately return the Property to the Owner. The Owner will then be notified via email and will be responsible for retrieving the Property from the principal address of the Company. Alternatively, the Owner can request the Company to donate the Property to a person or organization of the Company’s choosing. Upon receiving the email, the Owner will have 5 days to respond and schedule a time to retrieve the Property. If the Owner does not respond within 5 days, the Company will automatically donate the Property to a person or organization of the Company’s choosing.
14. Miscellaneous Owner has read and understood this Agreement. Should the Owner bring any legal action against the Company related to this transaction, the matter shall be decided in a court of law in the State of Colorado. If the said court of law decides in favor of the Company, the Owner agrees to pay all legal costs incurred by the Company to defend against such action.
a. Merger clause. This Agreement constitutes the sole Agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document’s date. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and signed by both parties.
b. Waiver of Damages. Notwithstanding anything to the contrary contained herein, in no event shall any party be liable for consequential, special, exemplary, or punitive damages in connection with this Agreement.
