|
I, ____________________________________________ (“Seller”), authorize I WIIL SELL IT 4 U
(“Company”) to list the following item for sale on eBay:______________________________
______________________________________________________________________(“Item”).
The Company will list the item on eBay with a starting bid of 99 cents. At Sellers direction, Company can
list the Item with a different starting bid. Seller understands that in raising the starting bid, Seller may incur
higher eBay listing fees and is responsible for these fees regardless of whether the Item sells. If a different
starting price is desired, Seller will mark it here $_______________________. Seller understands that the
Company will list the Item on eBay pursuant to the following terms:
1. eBay Fees. Seller understands that eBay charges certain fees related to the listing and sale of the Item.
These fees typically include, but are not limited to: a listing fee, a final value fee, and extra photograph fees.
Seller is responsible for these fees. If the Item sells, the Company will automatically deduct these fees from
any money received. Seller also understands that if the Item does not sell, Seller is responsible for any listing
and photograph fees incurred, and must pay them before Company will release the Item back to Seller.
- Company’s Commission. Company will take a commission upon the successful sale of Item. The Commission will be
- calculated from the final value of the Item according to this table
|
Final Value |
Company’s Commission |
|
Under $50 |
35% |
|
$50.01-150.00 |
30% |
|
$150.01-350.00 |
25% |
|
$350.01-850.00 |
20% |
|
Over $850.00 |
15% |
- Company’s Duties. Company will list the Item until it sells, but no more than three (3) times. Company will list Item
- on eBay within three (3) days unless otherwise directed by Seller. Company will promote Item on eBay with appropriate
- listing category(ies) and photo(s) as appropriate and within the discretion of the Company. Company will not incur substantial
- listing and promotional listing expenses, including but not limited to “Featured Item” or “front page” without first consulting with
- Seller. Company may require Seller to provide an advance on fees if Seller desires or wants such substantial promotional or listing
- expenses. Company will write an appropriate description of the Item, research similar items on eBay, and handle all correspondence
- with bidders. Company will collect all monies and after confirmation that the buyer is satisfied with the purchase, distribute the
- net proceeds to Seller. Company will handle the packaging and shipping of all items that are sold.
- Return of Unsold Items. Company will notify Seller upon the completion of three (3) unsuccessful listings. Upon notification by
- Company, Seller will have 14 days to either pick up Item or make arrangements for delivery to Seller at Seller’s expense.
- Bailment Relationship. The relationship between Company and Seller is that of a bailor and a bailee in which the bailor (Seller)
- deposits his or her personal property (Item) with the bailee(Company) for the purpose of listing and selling goods to third parties
- through eBay. Nothing in this Agreement shall be construed as creating an agency, partnership, or other form of joint enterprise
- between the parties.
- Seller’s Warranty of Goods. By giving Item to Company to list on eBay, Seller warrants that (1) Seller has the necessary
- rights and authorization to produce and distribute Item and to permit Company to offer, sell, and deliver the Item to a third-party
- (2) and that the listing or sale of Item on eBay does not infringe upon the property rights of any third-party and that (3) the listing
- of Item does not violate any law, ordinance, or statute.
- Breach. Without limiting other remedies, Company reserves the right to immediately remove Item from eBay if (1) Seller breaches
- this Agreement, (2) Company is unable to verify or authenticate any information Seller provided Company, (3) Company believes
- that Seller’s actions may cause Company financial loss or legal liability and (4) Company suspects that Seller has engaged in fraudulent
- conduct regarding the Item, the Company, or eBay (5) or eBay bans the listing of products like the Item. If the Item is removed from
- eBay, any fees paid to the Company for listing or promoting the Item will be forfeit to the Company provided that such forfeiture shall
- not limit any other remedies which may be available to the Company.
- Indemnification. Seller agrees to indemnify and hold Company and its joint venture partners, affiliates, officers, directors, members,
- managers, agents and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third-party
- due to, connected to or arising from Seller’s breach of this Agreement or Seller’s violation of any law or rights of any third-party.
- Waiver of Consequential Damages. IN NO EVENT WILL THE COMPANY BE LIABLE TO THE SELLER FOR ANY
- INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF
- THIS AGREEMENT OR ITS TERMINATION, REGARDLESS OF THE FORM OF ACTION (INCLUDING NEGLIGENCE AND
- STRICT PRODUCT LIABLITY), AND IRRESPECTIVE OF WHETHER COMPANY HAS BEEN ADVISED OF THE
- POSSIBILITY OF SUCH LOSS OR DAMAGE.
- WARRANTY DISCLAIMER. COMPANY PROVIDES ITS SERVICES “AS IS” AND WITHOUT WARRANTY OR
- REPRESENTATION AS TO THE SERVICES, EXPRESS, IMPLIED, OR STATED. THE COMPANY EXPRESSLY
- MAKES NO WARRANTY THAT THE ITEM WILL SELL.
- Liability Cap. The Company’s liability and the liability of its members, employees, agents, and suppliers to Seller will be the lesser
- of (1) the value of the item or (2) one hundred dollars ($100).
- General. This Agreement shall be governed in all respects by the law of the State of Ohio. Seller consents to the venue in the
- County of Medina, Ohio. This Agreement is the full and final agreement of the parties and supercedes any prior agreement or
- understanding between the parties. This Agreement may only be changed by mutual consent of all parties that are signature hereto.
- Miscellaneous Provisions.
In Witness thereof, the parties execute this agreement Address________________________________________________________________________
Seller
Phone Number _________________________________
For I Will Sell It 4 U |
) 
