Terms and Conditions
Terms and Conditions
Buyer & Seller agree that Starling Auctions are not the principals in the sale, but the agents of the seller. It is further agreed that both parties have read terms and conditions of the sale and agree entirely with the same. It is mutually agreed between Starling Auctions (hereinafter called the Auctioneer) and the Seller (hereinafter call the Owner) as follows:
Buyer & Seller agree that Starling Auctions are not the principals in the sale, but the agents of the seller. It is further agreed that both parties have read terms and conditions of the sale and agree entirely with the same. It is mutually agreed between Starling Auctions (hereinafter called the Auctioneer) and the Seller (hereinafter call the Owner) as follows:
- The Auctioneer will sell at Public Auction the goods and chattels described in Exhibit A attached hereto.
- Owner will carry full insurance (fire,theft,liability, etc.) on goods and chattels (Exhibit A) for 14 days after the sale or an advice from Starling Auctions, the Auctioneer accepts absolutely no liability or responsibility for any losses or damages to goods under contract.
- That the owner will have goods and chattels in salable condition at least 7 days prior to the sale date and at the sale site failing which the Auctioneer shall have the right to arrange for same at the expense of the owner.
- The articles sold by private treaty before the sale by either the owner, or the Auctioneer with the consent of the owner, shall be subject to regular commission as herein mentioned.
- That the owner shall pay to the Auctioneer the regular commission on the appraised value of goods and chattels withdrawn from the sale by the owner of Auctioneer.
- That the Owner shall pay to the Auctioneer out of pocket expenses including advertising if the sale does not proceed for any reason not the fault of the Auctioneer, and a further sum equal to one half of the commission otherwise payable on the actual value of the goods listed for sale, such value to be determined by the mutual agreement of the Owner and Auctioneer or by the Arbitration as provided under the Arbitration Act RSA.
- The Auctioneer and Owner further covenant and agree any items sold and not paid for shall be returned to the Owner by the Auctioneer and shall remain the property of the owner.
- The owner further covenants and agrees that in the event that a purchaser of goods shall require a bill of sale to be executed and delivered to him then in such event the Auctioneer hereby authorized and directed to sign a bill of sale as agents for the Owner or deliver to the purchaser a previous executed bill of sale on behalf of the Owner.
- The Owner covenants and agrees that the goods and chattels contained in Exhibit A are free and clear for all encumbrances except those listed in Exhibit B and hereby authorizes and directs the Auctioneer to pay from the proceeds of sale any such encumbrances as shall be claimed by any encumber.
- Owner hereby agrees to pay the Auctioneer an auction commission based on the gross sale price of the Equipment or any other part thereof as follows: (1) Equipment Rate 10% (2) Vehicle Rate 12% (3) Miscellaneous Rate 25%
- Complete and accurate description of the Equipment and any encumbrances and liens thereon or contrary interest therein.