- TGSW desires to arrange for the sale and distribution of the consignee’s merchandise from internet sales and the retail store location.
- TGSW has agreed to undertake the marketing of consignee’s merchandise on the terms set forth in this agreement for a period of not more than 60 days from the date this document is signed by both parties. After which the option to keep the merchandise on a consignment basis is at the sole discretion of TGSW. If TGSW does not extend the consignment end date, consignee is required to pick up merchandise within 5 days of the consignment stop date. If consignment items are not picked up within the 5 days grace period, a storage charge will accrue at a rate of $5 per day per item. If not picked up within 30 days of the stop date the item(s) become the property of The Garage Sale Warehouse.
- Exclusive Appointment
TGSW shall have the exclusive right to sell and distribute consignee’s merchandise during the term of this agreement in any of its locations.
- Delivery and Selling of Merchandise
- Consignee shall deliver, or arrange for delivery of, merchandise that TGSW will show for sale at TGSW location. Placement of consigned items at the sole discretion of the TGSW. Consigned items must include a high and lowest accepted price, and labeled by you. If we do the pricing and labeling for you a $25 fee will be added at the time of sale.
- TGSW shall not be responsible for any unintentional or uncontrollable loss of or damage to merchandise while under its control.
- The Garage Sale Warehouse agrees to sell your items at a price between your high price and your lowest price for the first 30 days on our sales floor. After which a 30-day incremental reduction of 10% will take place. Example: Your item priced at $100 will be reduced to $90 in 31 days.)
- All items are sold at a rate of 50% commission to The Garage Sale Warehouse. The remaining 50% will be issued to the consignee at the conclusion of the consignment term.
- If purchaser of any consigned item pays via credit card an 8% fee is subtracted from the consignees’ check.
- If your item does not sell you’ll need to pick the items up or donate to TGSW to use at their discretion.
- All Sales of consignments are final. No reimbursements.
We will research and appraise your items for you. The fee for up to 3 items is $75. We provide search results for each item and recommend the price it should be sold for.
You agree that you assume all risk for your consignment items, and that they are provided “as is”. The garage sale warehouse does not warrant the accuracy, adequacy or completeness of your items unless we have appraised them. TGSW expressly disclaims liability for errors or omissions. No warranty or representation of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the consignment services provided. No advice or information obtained by you from The Garage Sale Warehouse or through or from its employees will create any warranty of any kind.
LIMITATION OF LIABILITY
You understand and agree that The Garage Sale Warehouse and its suppliers and each of their respective officers, directors and employees will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages resulting from or in any way connected to your use, or inability to use the consignment process and services, or even if The Garage Sale Warehouse or its employees have been advised of the possibility of those damages. Some jurisdictions either do not allow or place restrictions upon the exclusion or limitation of damages in certain types of agreements; for these jurisdictions, the aforementioned limitation on liability shall be to the maximum degree permitted by applicable law.
You agree to indemnify, defend and hold harmless The Garage Sale Warehouse, its affiliates and their respective officers, directors, employees, agents, successors and assigns from and against any actual or alleged claims or losses arising from, in connection with, or based on allegations whenever made of, any of the following: your breach of this Agreement; your use of our consignment service, any claim that your selling of your consignment violates any applicable law; or any claim arising out of, or in connection with, your negligent acts or omissions. This obligation shall survive the termination or expiration of this Agreement. You will cooperate as fully as reasonably required in the defense of any claim. The Garage Sale Warehouse reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
The Garage Sale Warehouse and the other trademarks, logos, and service marks displayed on any marketing or advertising are the trademarks of The Garage Sale Warehouse, its affiliates or their respective third party owners. Under no circumstances may you alter, modify, or change these trademarks. You are prohibited from using these trademarks for any purpose without written permission.
Unless prohibited by law, I/we agree to indemnify and hold I’m Selling 2 You Com LLC, (dba The Garage Sale Warehouse), agents and employees, harmless against any and all claims, demands, liabilities, losses, damages, judgments or settlement, and expenses, including all reasonable attorneys’ fees and costs, arising from or in connection with this or any consignment.
CHOICE OF LAW AND VENUE
All disputes or controversies arising from this Agreement, or related thereto, shall be governed by the laws of the State of Oregon. The appropriate venue for adjudication shall be Washington County, Oregon. In the event of any conflict between the terms of this Agreement and any other Contract, with regard to the venue, the venue specified in the Contract shall be controlling
Client agrees any dispute or claim arising out of this Agreement or otherwise related to I’m Selling 2 You Com LLC/The Garage Sale Warehouse services to client shall be resolved through binding arbitration with a qualified arbitrator agreed upon by the parties, and the decision of the arbitrator shall be final and enforceable by a court of competent jurisdiction.
ATTORNEYS’ FEES AND COSTS
Client agrees that the successful party to any action between I’m Selling 2 You Com LLC dba The Garage Sale Warehouse and the Client shall be entitled to the recovery of its reasonable attorneys’ fees and costs.
If you have additional questions please call Kent @ 503-572-9959