Once
you have read the Consignment Agreement below, download the
Consignor Information and Equipment Listing Form here:
THIS
IS A LEGAL AGREEMENT BETWEEN YOU AND HODGINS AUCTIONEERS INC.
(“Hodgins”) STATING THE TERMS THAT GOVERN YOUR
USE, AS A SELLER OF EQUIPMENT AND OTHER GOODS, OF THE HODGINS
ON-LINE AUCTION SERVICE. THIS AGREEMENT – TOGETHER WITH
ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL
OF HODGINS’ RULES AND POLICIES REFERRED TO IN THIS AGREEMENT
– COLLECTIVELY CONSTITUTE THE “AGREEMENT”
BETWEEN YOU AND HODGINS. TO AGREE TO THESE TERMS, CLICK “AGREE”.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE”
AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE
TERMS AS PRESENTED TO YOU. CHANGES, ADDITIONS OR DELETIONS
ARE NOT ACCEPTABLE AND HODGINS MAY REFUSE ACCESS TO THE HODGINS
ON-LINE AUCTION SERVICE FOR NON-COMPLIANCE WITH ANY PART OF
THIS AGREEMENT.
This
Hodgins Online Consignment Agreement (the "Consignment
Agreement") is by and between you ("You",
"Seller" or "Consignor") and Hodgins
Auctioneers Inc. ("Hodgins On-Line
Auctions ", “Auctioneers” or “Hodgins”).
In
consideration of the mutual agreements and promises set out
below, You and Hodgins agree as follows:
You
hereby authorize and instruct Auctioneers to sell specific
equipment or other items (collectively "Equipment")
set forth below through the Auctioneers website currently
located at http://www.hodginsauctioneers.com (the "Hodgins
Online Auctions Site" or "Website" or "Auction
Site").
Consignment:
The Consignor hereby consigns the Equipment (as more particularly
described in the Equipment Listing which is attached hereto
and forms a part hereof) to Hodgins for the purposes of marketing
and selling the Equipment on behalf of the Consignor on the
Hodgins Onlne Auctions Web Site.
Governing
Law: The laws of the Province of Saskatchewan
and the laws of Canada applicable therein shall apply to and
govern the interpretation and enforcement of this Consignment
Agreement, without regard to conflict of laws principles.
The parties hereby attorn to the exclusive jurisdiction of
the courts of the province of Saskatchewan, Canada, judicial
centre of Saskatoon.
Assignment:
No part of this Consignment Agreement may be assigned by the
Consignor without the prior written consent of Hodgins.
Ownership:
Ownership, possession and title to the Equipment (as defined
in the Equipment Listing) shall remain vested with the Consignor
until such time as ownership and title shall pass to a successful
bidder ("Purchaser") in accordance with the Hodgins
On-Line Auctions Terms and Conditions, which Terms and Conditions
are hereby incorporated by reference into this Consignment
Agreement.
Sale
of Equipment: Provided that the price
paid by a Purchaser is no less than the minimum purchase price
set forth in [the Equipment Listing, which is attached
hereto and forms a part hereof] of this Agreement,
Hodgins may sell the Equipment to a Purchaser in accordance
with the Terms and Conditions on behalf of and as agent for
the Consignor, and where such sale is made the Consignor covenants
and agrees that the Purchaser shall acquire good and clear
title in the Equipment.
Risk
of Theft, Damage, and Loss: Risk of theft,
damage, and loss in connection with the Equipment remains
vested in the Consignor until the Equipment has been delivered
to and accepted by the Purchaser or until the Purchaser is
in Deemed Receipt of the Equipment. At no time shall Hodgins
ever be responsible for the risk of theft, damage, or loss
in connection with the Equipment.
Indemnification:
The Consignor shall, at its sole expense, defend Hodgins against
all claims that the warranties, terms or conditions of the
Sale Agreement have not been fulfilled to the extent such
claims result from the Equipment not meeting the specifications
set forth in the Equipment Listing or the description provided
in the Equipment Listing or the failure of the Consignor to
deliver the Equipment to a Purchaser in accordance with the
Terms and Conditions. The Consignor shall pay all resulting
costs, damages and legal fees finally awarded or included
in any settlement. Hodgins will notify the Consignor promptly
after receiving notice of any such claim. Hodgins has the
right to retain counsel and to participate in the defence
at expense of Hodgins and to assist in any settlement negotiations.
EXCLUSIVE
RIGHTS OF SALE
By
agreeing to consign any Equipment, Seller agrees to grant,
and hereby grants, to Hodgins Online Auctions the exclusive
right to market and sell the Equipment from the time of the
Seller's submission of the Equipment Listing to Hodgins until
the earlier of:
(a)
the time the Equipment is sold; or
(b) the time the Equipment is withdrawn from the Hodgins On-Line
Auction Site;or
(c) the expiry of the listing period specified on the Equipment
Listing; or
(d) if no listing period is specified on the Equipment Listing,
the first anniversary of the date that the Equipment Listing
was submitted to Hodgins; (the “Consignment Period”).
If you desire to use this site, you must provide specific
information about the Equipment on the Equipment Listing and
such information must be kept up to date throughout the Consignment
Period.
Hodgins
Online Auctions may withdraw the equipment from an Auction
and terminate this Consignment Agreement if, in its sole judgment,
the Equipment is inappropriate for sale, morally objectionable,
not worth enough to sell or for any other reason that Auctioneers
may consider appropriate. The Seller may not attempt to sell,
destroy or alter the property during the Consignment Period.
The Seller agrees that it shall remove all listings of Equipment
from all other auctions and all other public sources during
the Consignment Period.
METHOD
OF SALE
Timing
of the auction: Subject to the Seller's
specific instructions as set out in the Equipment Listing,
Auctioneers shall have full control over the timing, method,
and type of auction to use in selling the Equipment, including
the use of a Reserve Price or Opening Bid amount. Auctioneers
shall have complete discretion as to the date(s) of sale of
the Equipment, photos to display and descriptions of the Equipment.
Use
of Seller’s Name: The Seller’s
name as noted in this Consignment Agreement (on the Consignor
Information Form which is attached hereto and forms a part
hereof), may be disclosed by Auctioneers to the successful
buyer of the equipment. Seller’s name may be used to
publicize a sale or a sale’s results.
Reserve
Prices: Reserve Prices (for items consigned
to Signature Auctions and Immediate Purchase Listings) may
be established by the Seller if Auctioneers believe there
is a reasonable chance the Reserve Price will be met. If the
Equipment fails to reach its Reserve Price this Consignment
Agreement is terminated. If Seller and Auctioneers agree,
then Auctioneers may re-offer the property at a future auction,
within the Consignment Period, with no Reserve Price, provided
that all listing fees (as set out on the Auction Site) shall
be paid to Hodgins by the Seller.
Shill
Bidding: Neither the Seller or any other
representative or agent of the Seller shall bid on the Seller's
Equipment. Such bidding is strictly prohibited by Auctioneers.
Seller shall defend, indemnify and hold Auctioneers harmless
from any claims, actions, damages, losses or any liability,
including fees and costs arising from a breach of this provision,
and any such breach shall entitle Auctioneers to immediately
terminate this Consignment Agreement and shall entitle Auctioneers,
pursuant to the Terms and Conditions, to suspend or terminate
the Seller's use of the Site and the Service.
Completion
of Sale: No sale shall be considered
complete until the buyer has made full payment (which must
include the final bid amount, all applicable taxes and transaction
fees) to Auctioneers and the Equipment has been shipped to
the buyer and the buyer has confirmed receipt of the Equipment
in the condition described and photographed in the auction
listing or the buyer is in Deemed Receipt of the Equipment.
Authorization
to Sell: At any time that you list Equipment
for sale, you are representing and warranting that you have
the legal right in your jurisdiction to sell such Equipment.
You also guarantee that the sale of such Equipment is not
subject to any Canadian, USA or United Nations embargo or
banned by any United Nations resolutions and that you have
disclosed all restrictions, laws or regulations regarding
the sale of such Equipment.
Equipment
Inspections: Auctioneers provides the
option to have your Equipment inspected prior to being listed
for auction on the Site. All inspection services provided
by Auctioneers will be subject to the Inspection Terms and
Conditions which are set out on the Auction Site and which
are incorporated into this Consignment Agreement. Auctioneers
agree to produce an inspection report ("Inspection Report")
for each piece of Equipment, which will include photographs
and a detailed list of the Equipment which will become part
of the “listing report” on the site. By having
your Equipment inspected by Auctioneers, you agree to allow
the inspection of the Equipment at a time and location to
be determined by Auctioneers and you. You may be required
to provide an equipment operator and proper safety equipment
and procedures for Auctioneers to inspect the Equipment. Auctioneers
reserve the right to refuse to inspect any piece of Equipment
being registered for listing on the Site.
If
you choose not to have your Equipment inspected, you will
be responsible for the provision and content of all descriptions
and photos of your equipment. In addition, you will be required
to field questions by email from interested potential buyers.
Auctioneers will not list for auction un-inspected equipment
located outside Canada or the United States. In addition,
Auctioneers reserve the right to refuse to list for auction
any piece of un-inspected Equipment.
Inspection
Report: The Inspection Report is the
property of Hodgins Online Auctions. The Inspection Report
may not be displayed, published, sold, reproduced, disseminated
or otherwise used by you except as provided in this Consignment
Agreement without the prior written approval from Auctioneers.
Auctioneers reserve the right to re-inspect any Equipment
after the auction period ends at no additional cost to you.
Equipment
Listing Process: In order to provide
the most accurate and detailed information for the Equipment
Listing, a combination of the Inspection report and the information
you provide (if you choose to have your Equipment inspected),
will constitute the Listing Details for the Equipment. The
Listing Details may only include text descriptions, maintenance
records and pictures supplied to Auctioneers by you or from
the Inspection Report. The Listing Details belongs to and
is exclusively owned by Hodgins On-Line Auctions and may not
be used for any purpose other than for the posting of the
Equipment on the Auction Site.
If,
at any time prior to the auction close, the Equipment is altered
or modified in anyway which might affect the accuracy of the
Listing Details (including without limitation the Inspection
Report), in order to proceed with an auction you will incur
penalties, which are set forth on the Auctions Site. If the
Equipment is inspected, you must have the Equipment re-inspected
and pay Auctioneers a re-inspection fee ("Re-inspection
Fee "). If the Equipment is not inspected, you must re-supply
the Listing Details to Auctioneers and pay Auctioneers a second
Listing Fee.
Restrictions
on Use: From the time of Equipment Listing
and until the buyer removes the Equipment from your location
(or you withdraw the Equipment from the Auction Site), you
may not operate, lease, rent, modify, use or allow the Equipment
to be altered in any way which might affect the accuracy of
the Listing Details (including without limitation the Inspection
Report).
If
Auctioneers discover that the Equipment has been altered in
any way whatsoever prior to the equipment being sold, you
agree to pay to Auctioneers the appropriate removal penalty
as stated in the Terms and Conditions.
If
Auctioneers discover that you have violated this Restrictions
on Use section after the equipment has been sold in any Hodgins
Online Auction, you agree to pay to Auctioneers an unauthorized
equipment use penalty ("Unauthorized Equipment Use Penalty"),
registration and/or ownership and/or risk of loss will not
transfer to the buyer and you shall not receive any of the
proceeds associated with the sale.
You
may not manipulate the price of listed Equipment, including
but not limited to using secondary accounts, third parties,
or bidding on your own Equipment. You may not use an alias
to place bids on any Equipment you are selling, either directly
or indirectly for any reason. If you fail to comply with this
restriction, Auctioneers will withdraw the Equipment from
auction and you will be barred from future use of the Auction
Site.
Options
after Buyer Default: If payments are
not made by the winning bidder in respect to the payment schedule
set forth in the Terms and Conditions, the winning bidder
is considered in default. As the seller of any piece of Equipment
subject to buyer default, you may elect any one of the following
options after Auctioneers notifies you of such buyer default.
• Re-Offer Equipment:
If there was more than one bidder for the defaulted equipment
on the Auction, you may elect to offer the Equipment to the
second highest bidder in the auction at the maximum bid amount
entered by the second highest bidder. The second highest bidder
will have one (1) business day to decide whether to accept
the winner's position for the auction. If the second highest
bidder accepts the winner's position, your Equipment will
be sold and you will receive proceeds based on that second
bidder's highest bid, less any applicable commissions and
fees.
•
Re-list the Equipment: You may decide
to list the Equipment in a subsequent Hodgins Online Auction
within the next thirty (30) days without incurring an additional
Listing Fee. All other terms and conditions of this Agreement
continue to be in force for any such re-listing in a subsequent
auction.
•
Withdraw the Equipment: You may decide,
without penalty, to withdraw the Equipment from auction and
you will not be responsible for payment to Auctioneers of
any unpaid Listing Fee.
WARRANTIES
The
seller agrees to and warrants the following conditions/statements:
•
The Equipment is free of hazardous materials and has never
been contaminated by any material whatsoever.
•
All information including that which is required for Listing
Details will be truthful, accurate and complete and represents
the conditions of the Equipment until removed from your location.
That you agree to indemnify and save Auctioneers against all
claims arising from misrepresentation of seller’s equipment.
That you will be liable for any errors or omissions in the
Listing Details for your equipment.
•
In addition, if a buyer takes legal action against you arising
from, but not limited to, the seller warranties, Auctioneers
will support such action by providing the buyer with any relevant
documentation.
•
All equipment that you list on the Auction Site shall not
be fraudulent, stolen or counterfeit.
DELIVERY
OF REGISTRATION
Prior
to the auction period or Immediate Purchase listing period,
you shall deliver to Auctioneers documents proving your registration
to the Equipment, including the original Department of Motor
Vehicle registration, manufacturers certificate of origin
and any and all other documents required to transfer registration
of the Equipment to any buyer, where ownership of the Equipment
or any part thereof is capable of being or required to be
registered. Prior to delivery to Auctioneers, you shall properly
endorse these registrations and documents either by your signature
or a Power of Attorney as are necessary to permit any buyer
to register ownership of the Equipment. In addition, any item
for which ownership of the Equipment or any part thereof is
capable of being or required to be registered, will be subject
to a registration fee ("On-Road Registration Transfer
Processing Fee") which is set forth on the Auction Site.
Ownership
Certification: As the Seller of Equipment,
you represent and warrant to Auctioneers and the buyer that
you are the lawful owner of such Equipment and that such Equipment
is free and clear of all liens and encumbrances. You also
represent and warrant to Auctioneers and to the buyer that
you have good right to sell the same and that good and marketable
title and, where applicable, registration to such Equipment
will, at such time the Equipment is listed, be conveyed to
such buyer free and clear of all liens including without limitation
any tax liens, encumbrances and adverse claims. You covenant
that you will, at all times at your own cost and expense,
warrant and defend such registration to such Equipment on
behalf of such buyer, its successors and assigns, against
the claims and demands of all persons whomsoever. You will
cause to be promptly and duly taken, executed, acknowledged
or delivered all such further acts, conveyances, documents
and assurances as the buyer may reasonably request in order
to evidence and confirm such registration and its conveyance.
Auctioneers
in their sole discretion may carry out registration and lien
searches to investigate the existence of filed PPSA or UCC
financing statements on the Equipment at your expense, but
in no case shall Auctioneers have a duty to conduct, nor be
responsible for the results of any such registration or lien
search. If Auctioneers carry out such a search, you agree
to pay to Auctioneers a lien search fee ("Ownership Verification
and Lien Search Fee") which is set forth on the Auction
Site.
SHOWCASE
AUCTIONS
In
addition to all of the foregoing, in the event that you specified
a Showcase Auction for your Equipment on your Equipment Listing
or, if you failed to indicate an auction type and Auctioneers
selected a Showcase Auction for you, You agree to the following
terms and conditions:
You acknowledge and agree that you are extending an irrevocable
offer to sell your Equipment to the highest bidder who meets
or exceeds the Opening Bid. You acknowledge that you may not
set a Reserve Price for your Equipment in this type of auction.
You
agree that Hodgins Online Auctions may set the Opening Bid
for the Equipment and may schedule the auction opening and
closing time for the Equipment, all in its sole discretion.
You
agree to pay a listing fee associated with the listing of
each piece of equipment in a Hodgins Online Auction (Showcase
Auction). The listing fee will be charged to you at the time
that the Equipment sells or, if your Equipment does not sell
in the Consignment Period, the listing fee will be charged
and billed to you at the end of the Consignment Period. In
the event that your Equipment sells, the fee will automatically
be deducted from the total sales proceeds due.
You
agree to pay a commission fee (“Commissions & Fees”)
to Hodgins Online Auctions should the Equipment be sold at
an auction during the Consignment Period. The commission fee
will be automatically deducted from the sales proceeds otherwise
due to you.
If
the Equipment is not sold, you may re-list the Equipment in
any Hodgins Online Auction, or withdraw your Equipment with
no penalty at the end the Consignment Period.
You
agree to pay Hodgins Online Auctions a removal penalty should
you choose to cancel an auction and withdraw the Equipment
prior to the auction closing time. ("Removal Penalty
Prior to Showcase Auction Close") which is set forth
on Auction Site.
If,
for any reason, after Auctioneers have notified you of receipt
of full payment from the Buyer and at least one (1) business
day after the auction has closed, you do not have the Equipment
in a "ready" condition for transport or you delay
the release of the Equipment to the Buyer, you agree to pay
Auctioneers a delay penalty ("Post-Auction Delay Penalty")
which is set forth on the Hodgins On-Line Auctions Site.
If, for any reason you fail to release the Equipment to the
Buyer after an Auction has closed with at least one bid at
or above the Opening Bid, you agree to pay Auctioneers a Default
Penalty ("Seller Default Penalty") which is set
forth on the Auctions Site. In the event that you fail to
release the Equipment to the Buyer after an Auction has closed
with at least one bid at or above the Opening Bid, this Consignment
Agreement will be automatically terminated and you will be
barred from further use of the Hodgins Online Auction Site.
If
your Equipment is sold during auction and the transaction
closes satisfactorily, any monies due to the seller will be
disbursed within 15 banking days after the date of sale.
SIGNATURE
AUCTIONS
In
addition to all of the foregoing (other than the indented
paragraphs above which relate specifically to Showcase Auctions),
in the event that you specified a Signature Auction for your
Equipment on your Equipment Listing or, if you failed to indicate
an auction type and Auctioneers selected a Signature Auction
for you, You agree to the following terms and conditions:
For
each piece of Equipment listed in a Signature Auction, you
agree to pay to Auctioneers the appropriate listing fee which
is set forth on the Auction Site (in addition to all applicable
taxes). You must pay this non-refundable listing fee prior
to the first Signature Auction for your Equipment.
You
have the option of scheduling the auction opening and closing
time for your Equipment. All auctions will be scheduled to
run for seven consecutive days.
You
acknowledge and agree that you are extending an irrevocable
offer to sell your Equipment to the highest bidder who meets
or exceeds your Reserve Price. You acknowledge and agree that
Auctioneers will establish and set the Opening Bid for the
Equipment.
You
agree that if you set a Reserve Price, you must pay Auctioneers
a non-refundable reserve fee ("Reserve Price Fee")
prior to each and every Signature Auction for your Equipment.
If
you do not set a Reserve Price, you acknowledge and agree
that you are extending an irrevocable offer to sell the Equipment
to the highest bidder who meets or exceeds the Opening Bid,
which will be set to $100.
If
you set a Reserve Price for your Equipment, you will have
the option of lowering your Reserve Price once during an auction.
You
may NOT add a Reserve Price after the time of Equipment Listing.
If
the Equipment receives bids which do not meet or exceed your
Reserve Price, for a period of seven days following the auction
close, you will have the option of extending an offer to sell
your Equipment to the highest bidder at a price equal to their
maximum bid amount. If you extend such an offer (a "Sharper
Pencil Offer"), the highest bidder will have two (2)
business days in which to accept your offer.
If
the Equipment is sold during the auction period or the Sharper
Pencil Offer process, you agree to pay Auctioneers a commission
fee which is set forth on the Auction Site and which will
be automatically deducted from the sale proceeds otherwise
due to be remitted to you.
If
the Equipment is not sold in a Signature Auction, you may
re-list your Equipment in any Hodgins Online Auction, or withdraw
your Equipment with no penalty and end the Consignment Period.
If
you choose to cancel the auction and withdraw the Equipment
prior to the auction closing time, you agree to pay Auctioneers
a removal penalty ("Removal Penalty Prior to Signature
Auction Close") which is set forth on the Auction Site.
Once
your Reserve Price, if any, is met you may not withdraw the
Equipment prior to the auction close and are obligated to
sell the Equipment to the highest bidder.
If,
for any reason, after Auctioneers have notified you of receipt
of full payment from the Buyer and at least one (1) business
day after the auction has closed, you do not have the equipment
in a "ready" condition for transport or you delay
the release of the equipment to the Buyer, you agree to pay
Auctioneers a delay penalty ("Post-Auction Delay Penalty")
which is set forth on the Auction Site.
If,
for any reason you fail to release the Equipment to the Buyer
after an auction has closed with at least one bid at or above
your Reserve Price, or if you extend a Sharper Pencil Offer
that is accepted by the highest bidder, you agree to pay Auctioneers
a Default Penalty ("Seller Default Penalty") which
is set forth on the Auction Site. In addition, this Consignment
Agreement will automatically terminate and you will be barred
from further use of the Hodgins Online Auction Site.
IMMEDIATE
PURCHASE LISTINGS
In
addition to all of the foregoing (other than the indented
paragraphs above which relate specifically to Showcase Auctions
and to Signature Auctions), in the event that you specified
an Immediate Purchase Listing for your Equipment on your Equipment
Listing or, if you failed to indicate an auction type and
Auctioneers selected an Immediate Purchase Listing for you,
You agree to the following terms and conditions:
For
each piece of Equipment listed in an Immediate Purchase Listing,
you agree to pay to Auctioneers the appropriate listing fee
which is set forth on the Auction Site (in addition to any
applicable taxes). You must pay this non-refundable listing
fee prior to the first Immediate Purchase Listing period for
your Equipment.
You
have the option of scheduling the listing opening and closing
time for your Equipment. All listings will be scheduled to
run for thirty (30) consecutive days.
You
acknowledge and agree that you are extending an irrevocable
offer to sell the Equipment to the bidder who meets your Reserve
Price. In addition, by setting a Reserve Price, you agree
that you must pay Auctioneers a non-refundable reserve fee
("Reserve Price Fee") prior to each and every Immediate
Purchase Listing period for your Equipment.
If
the Equipment receives bids which do not meet your Reserve
Price, for a period of seven days following the listing close
you will have the option of extending an irrevocable offer
to sell your Equipment to the highest bidder at a price equal
to his or her maximum bid amount. If you extend such an offer
("Sharper Pencil Offer"), the highest bidder will
have two business days in which to accept your offer.
If
the Equipment is sold during the listing period or the Sharper
Pencil Offer process, you agree to pay Auctioneers a commission
fee ("Commission Fee") which is set forth on the
Auction Site and which will be automatically deducted from
the sales proceeds otherwise due to be remitted to you.
If
the Equipment is not sold in an Immediate Purchase Listing,
you may re-list your Equipment in any Hodgins On-Line Auction,
or withdraw your Equipment with no penalty and end the Consignment
Period.
If
you choose to cancel the listing and withdraw the Equipment
prior to the listing closing time, you agree to pay Auctioneers
a removal penalty ("Removal Penalty Prior to Immediate
Purchase Listing Close") which is set forth on the Auction
Site.
Once
your Reserve Price, if any, is met you may not withdraw the
Equipment prior to the listing close and are obligated to
sell the Equipment to the highest bidder.
If,
for any reason, after Auctioneers have notified you of receipt
of full payment from the Buyer and at least one (1) business
day after the listing has closed, you do not have the equipment
in a "ready" condition for transport or you delay
the release of the Equipment to the Buyer, you agree to pay
Auctioneers a delay penalty ("Post-Auction Delay Penalty")
which is set forth on the Auction Site.
If,
for any reason you fail to release the Equipment to the Buyer
after an Auction listing has closed with at least one bid
at or above your Reserve Price, or if you extend a Sharper
Pencil Offer that is accepted by the highest bidder, you agree
to pay Auctioneers a Default Penalty ("Seller Default
Penalty") which is set forth on the Auction Site. In
addition, this Consignment Agreement will automatically terminate
and you will be barred from further use of the Hodgins On-Line
Auctions Site.
Download
the Consignor Information and Equipment Listing Form here:
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