DAM GOOD DEALS – Barrie Online Auction
(Updated contract as of April 2022)
AUCTION CONSIGNMENT CONTRACT
This document, along with the Consignment Order is a binding agreement between Dam Good Deals (hereinafter referred to as “DamGoodDeals”) and the Consignor, or authorized agent of the Consignor, described below:
Consignor’s Legal Name:___________________________________
Consignor’s Phone:___________________________________
TERMS AND CONDITIONS
1. Auction
The Consignor appoints DamGoodDeals to act as selling agent of the Property listed in the Consignment Order by internet public auction on the website known as www.damgooddeals.com. DamGoodDeals retains discretion as to;
1. consulting any expert
2. cataloging, lotting, listing and entering descriptions & photos
3. auction dates
4. the manner of conducting the sale
5. disposing of unsold or unsaleable goods if required
The Consignor may not bid on his/her Property nor employ or ask someone to bid on this Property during the auction. This is considered a SHILL bid and by signing this agreement you agree that if you are caught shill bidding you will loose your items and your items will either be re-listed, offered to other bidder or disposed of and you will not receive them back or any compensation for the items or sales of the items.
2. Representations and Warranties-Indemnity
The Consignor declares having the right to sell the Property, and warrants that the Property is now and will be kept free of all liens, claims and encumbrances through to transfer of title and possession to the purchaser. The Consignor agrees to indemnify DamGoodDeals from any and all claims, action, damages, losses, liabilities and expenses relating to the breach or alleged breach of any of the consignor’s agreements, representations or warranties.
All damage, repair or issue that devalues an item must be disclosed by the consignor in advance of the sale in writing.
All items must be clean, tested and in working order where working order is expected is disclosed that they are not in working order but still have sale value. This shall all be done by the consignor in advance of bringing the items to damgooddeals.
3. Commissions/Fees
- 30% COMMISSION with a 3.00 per lot listing fee
If you write the descriptions: Commission rate is 30% if you lot the items up and package or clearly mark the items in each lot and include a easy to follow list of descriptions.
- UNSOLD ITEMS
Must be picked up within 7 days of the auction close. Any left here after the 7 days will incur disposal fees or may be grouped into a bulk lot and sold without any payout to the consignor.
4. Estimates/Catalog/Descriptions
Any suggested estimate range does not constitute a warranty, representation or guarantee of selling price. DamGoodDeals is not liable for any errors or omissions with respect to the auction, catalog or any other descriptions of the Property. If we feel your descriptions are misleading, false or not fully disclosing any imperfections or important info we have the full right to edit, adjust or remove the listing as we see fit. We reserve the right to refuse to list any lot without reason.
5. Reserves
The Consignor agrees that NO reserves are set by DamGoodDeals and that all auctions start at $3.00 without any reserve. The only exceptions to the 3.00 starting price is when you consign legal Canadian currency and we start that at face value. This includes coins, stamps and bullion with face dollar value. We may make exceptions for vehicles however this needs to be negotiated separately from this contract before we agree to sell the vehicle and done in writing and will be considered a amendment to this agreement.
6. Withdrawal
The Consignor may not withdraw any Property from sale after DamGoodDeals has displayed, advertised or cataloged the items or invested any time in research and/or cataloging your items. DamGoodDeals may withdraw Property prior to the sale if DamGoodDeals believes that (a) there is doubt as to authenticity or attribution, (b) there is doubt as to representations or warranties or (c) any provision of this Contract is breached by the Consignor (d) if we feel the item is not at the quality or condition that we feel can attract adequate bids to reach our desired minimum lot sale of over 15.00. In the event that DamGoodDeals withdraws the Property in accordance with paragraph 6 the Consignor will not be charged a fee. All items withdrawn must be picked up within 14 days or will be discarded at owners expense.
7. Settlement/Rescission
Buyers have 7 days after auction close to pay for the items won and we give them 3 days grace (total of 10 days). Consignor can pick up the proceeds collected received for sold Property, less selling commissions and reimbursable expenses from the auction after the 10th day past the auction close at our location or request a email money transfer be sent with your proceeds.
DamGoodDeals reserves the right to rescind the sale of any Property, in accordance with the published conditions of the sale, if;
- The Property is determined to be counterfeit (a forgery intended to deceive) or
- If any lot or item was falsely described such as but not limited to described as working, new or excellent condition but was found not to be in this condition by the winning bidder within 24 hours of picking up the item (in this case the item will be returned and the consignor will owe the lost commissions on the sale). Claims of being rare, scarce or brand name as well as bullion or precious metal value must be accurate.
- If a claim is made that the item may be stolen or being unlawfully sold.
- In the event that the purchaser does not pay DamGoodDeals the property may relisted or offered to the runner up bidder or returned it to the consignor at our discretion (to help avoid any shill bidding).
8. Insurance
DamGoodDeals does not retain insurance on your property while in our possession. We suggest you contact your home insurance to ensure that they cover your property while outside of your home. You may require a rider on your insurance if you wish to have your items insured while in our possession. DamGoodDeals will not be held responsible for damage or theft of your property. Items will remain your property till a payment by the winning bidder is made on the item (not the close of the auction).
9. Treatment of Unsold Property
DamGoodDeals will store unsold Property if requested before the sale for a maximum of 7 days (7 days after auction close) if the consignor wishes to have it returned. This Property shall be picked up or disposed of at the Consignor’s expense if abandoned.
10. Miscellaneous
This agreement shall be administered in accordance with the laws of the Province of Ontario and any dispute will be submitted to the exclusive jurisdiction of the provincial courts and the federal courts sitting in the Province of Ontario.
This agreement shall be binding upon the Consignor’s heirs, executors, beneficiaries, successors and assigns.
STATUTORY DECLARATION
CONSIGNOR SOLEMNLY DECLARES:
1. The personal information I provided for the purposes of this contract is true and correct.
2. I am the owner/agent of the property listed in the Consignment Order to this my declaration.
3. The said Property is not subject to any mortgage, charge, lien or encumbrance.
4. I have listed the said Property with DamGoodDeals of the City of Barrie, in the province of Ontario, and that this declaration is furnished to them pursuant to the provisions of the “Fair Trading Act, Public Auction Regulation”
5. I have read and agree to the terms and conditions outlined in this Contract.
6. I am legally allowed to sell these items
7. I will not bid or have anyone bid on my items.
I, (The consignor) make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath by virtue of the Canadian Evidence Act.
DECLARED in BARRIE in the province of ONTARIO
_____________________________________________
Date
_____________________________________________
Consignors Signature
_____________________________________________
Auction Representative
