Internet Auction Employment Agreement
601 Gordon Industrial Ct.
Byron Center, MI 49315
PHONE: (616) 261-4984
FAX: (616) 583-1573
Absolute/No Seller's minimum Commission Schedule
$0.00 Listing Fee Per Lot
0% Commission
Seller's Minimum Price Commission Schedule
$0.00 Listing Fee Per Lot
Sliding Scale Commission Per Lot
$10,000 and ABOVE....3%
$5,000 to $9,999.....5%
$0 to $4,999........10%
Please Note: the above sliding scale is based on and applied to the gross sale price per item.


SELLER will furnish with a complete descriptive list of the equipment and miscellaneous items, etc. to be sold at auction, along with serial numbers and photos of all items to be sold, no later than 7 days prior to the auction sale. shall determine the auction sale date.

SELLER acknowledges the listing fee(s) and/or purchased marketing package expenses are to be prepaid, and therefore will be charged to the credit card offered during consignor registration at the time item(s) are approved for auction by Listing fee(s) and/or purchased marketing packages are per lot.

SELLER acknowledges that when an item is entered and registered as selling absolute and without reserve or sellers minimum, that this item and all items listed this way will sell to the highest bidder, and will not guarantee any selling price. SELLER agrees to not bid on SELLER's own items.

SELLER acknowledges that when an item(s) is entered and registered as selling with a seller's minimum price, that the item(s) will not be sold for any dollar amount less than the amount entered by the SELLER. SELLER acknowledges that any dollar amount entered as the sellers minimum selling price is entered as the gross selling price of the item(s). The sellers minimum selling price entered by the SELLER is not a net amount the SELLER will receive (commissions and/or expenses will be deducted from the final bid/selling price prior to disbursement of proceeds to SELLER).

SELLER agrees to permit showings of the items to be sold at auction at SELLER's business premises during the 2 days prior to the auction and on the auction day from 9 a.m. until 3 p.m. each day (or the close of the auction, if earlier than 3 p.m., on the auction day). SELLER agrees to permit successful bidders access to SELLER's business premises during normal business hours to remove purchased items, without cost or expense, subject to these terms and conditions. SELLER agrees not to charge any fees to successful bidders pertaining to the purchase and removal of the item(s) sold (for example, SELLER shall not charge successful bidders storage fees). SELLER acknowledges that does not require registered bidders to agree to pay storage fees. may, in its sole and absolute discretion, reject and refuse to list for auction sale and/or withdraw any item(s) offered by SELLER. Without limiting the foregoing, will be agent for SELLER and will sell all the items identified by SELLER pursuant to these terms and conditions to the highest bidder by a public internet online auction in exchange for payment of the commission as listed above, calculated from the gross amount of the highest bid for all items sold at the auction sale (the "Gross Proceeds").

Any buyer commission or premiums shall be wholly retained by, unless an addendum signed by both SELLER and states otherwise. will conduct the auction, make all collections and finalize billing details directly connected with the auction sale. If for any reason whatsoever fails to complete the sale of any item consigned to this auction sale, SELLER shall have no further claim against All out-of-pocket expenses incurred by in connection with the auction sale (including but not limited to advertising, UCC searches, clean up expenses, repairs, and credit card charges) shall be payable by SELLER, and may deduct all such expenses from the amount payable to SELLER after calculation and payment of's commission from Gross Proceeds. Commissions and expenses shall be paid and/or deducted from the first proceeds of the auction sale. shall have full authority to sign any bill of sale either in the name of SELLER, on behalf of SELLER, or in's own name as agent for SELLER in connection with the auction sale.

All payments and checks for purchases at the auction shall be made payable and delivered to, who will furnish a complete accounting and settlement to SELLER within 14 banking days after receipt of payment from the buyer. is not responsible if, for any reason, a buyer fails to pay and/or breaches or defaults on his/her purchase from the auction sale. has no obligation to sue or take other action to collect amounts due in connection with purchases resulting from the auction sale, but may provide SELLER with assistance as determined appropriate by in its sole discretion. SELLER shall not relinquish possession of any auctioned item until provides SELLER with written or email confirmation of's receipt of verified paid funds in the amount required. SELLER assumes all risk of misdelivery of auctioned item(s) to a third party not entitled to possession of auctioned item(s) and/or delivery of such auctioned item(s) prior to's receipt of verified paid funds.

SELLER guarantees that it has good title and right to sell items on the auction; that such items are without mortgages, liens, or encumbrances of any kind except those which are specifically detailed within this contract. SELLER assumes full responsibility for providing marketable title and delivery of title to the buyer, paying proceeds to creditors where necessary to clear title, and filing paperwork needed to terminate any security interests in the items, and SELLER will assume all attorneys' fees and court costs incurred by, in connection with SELLER's failure to meet these obligations.

SELLER assumes all risk of loss for any theft, damage, fire damage, vandalism, or any other loss that may occur prior to successful bidder(s) taking possession of all auctioned items, and agrees to maintain casualty and liability insurance covering all auctioned items until such time.

SELLER agrees that the auctioned items herein listed will not be sold, leased, or disposed of in any manner by SELLER prior to auction and that makes no guarantee as to selling price. If for any reason, SELLER refuses the release of an item that was sold in the auction sale or, the SELLER withdraws an item prior to the auction sale, but after those items have been posted on the website, including pictures and descriptions of the item, the SELLER agrees to pay $500.00 per item or full commission and buyer's premium amount of the final bid price (whichever is greater), as partial damages for loss of profit and reputation. SELLER may still be liable for damages and/or prosecution from the successful bidder if the item has been declared sold on the auction site.

SELLER shall also assume ALL risk and all liability which may arise from the failure of any of the items sold or to be sold at auction to comply with any federal, state or local law, statute or regulatory agency regulations and requirements, including but not limited to requirements relating to environmental pollutants. SELLER shall pay all direct and indirect cost for the clean up and removal of such items and any other cost that may be incurred due to the existence of environmental pollutants either on or in the items sold or on the premises of the auction. Such cost may also include any fines or penalties which may be levied due to the violation of any of the aforementioned laws or regulations. SELLER agrees that full disclosure regarding environmental and/or any other information pertaining to this property has been made to the Auctioneer and will be made to all future purchasers prior to bidding.

SELLER agrees that and its employees, agents and those acting on its behalf shall not be liable for any damage, loss or expense of any kind arising out of, resulting from or relating to the auction sale and/or SELLER's auction items, regardless of whether such liability is based in tort, contract or otherwise. In no event, including, without limitation, a negligent act, shall or its employees, agents and those acting on its behalf, be liable to SELLER for any direct, indirect, special, consequential or punitive damages (including, without limitation, loss of profits) arising out of, resulting from or in any way related to the auction sale and/or SELLER's auction items.

SELLER agrees to indemnify and hold harmless from any loss, cost, damage, or expense (including reasonable attorney's fees) arising from or related to: (1) injury, damage, or loss occurring on SELLER's property and/or related to the use, handling, sale or delivery of the auction items; (2) claims relating to the physical condition or attributes of the items to be sold at auction; (3) SELLER's breach of any covenant, representation, or warranty in this agreement or any other agreement between SELLER and; or (4) any dispute as to entitlement to sale proceeds.

SELLER consents to the jurisdiction of the courts of the State of Michigan to resolve any dispute under this agreement or regarding entitlement to sale proceeds. Venue shall be Kent County, MI. If SELLER terminates or breaches this agreement, shall be entitled to receive from SELLER all incidental, consequential, and actual damages, all costs and expenses incurred, the compensation set forth above, plus reasonable attorney's fees. This agreement contains the entire agreement between the parties. There are no representations, agreements, or conditions other than as expressly set forth in this agreement.