Auction Terms

 

Please be advised you will receive your own contract prior to consignment with a consignment rate and individual terms. For reference these are the general auction consignment terms below. 

Auction
The Consignor agrees to auction off the mentioned items with DAN SMO LLC

The Consignor agrees DAN SMO LLC has the discretion to:

Research the items being consigned
Provide descriptions of the item(s) on eBay, dansmoauctions.com, and other marketing materials
Each item(s) start price is $0.99 unless the consignor and DAN SMO LLC both agree on a new start price
Set the date or dates of an auction
Determine the placement of the items in an auction
Market and promote the item(s) in an auction
Inventory and provide an invoice of consigned item(s)
Fixed Price
Item's listed for Fixed Price ("buy it now" or "BIN") will be listed for 120 days (4 months). If an item does not sell within the 120 day window, we can either send the item(s) back to you or relist it for a small consignment fee. Return shipping will be charged to the consignor.

DAN SMO LLC can also list the item for auction if the consignor wishes at the end of the 120 day window.

Bidding
DAN SMO LLC cannot keep sellers from bidding on their own items. If the consignor chooses to do so they must pay for the item and the fee DAN SMO LLC gets is still applied even if the Consignor does not pay.

Payment
The Consignor agrees to be paid via electronic payment services such as; Paypal, Venmo, Cashapp, Zelle, Wire/ACH transfer, (Paypal or Venmo Payments will be paid out through Friends and Family).

The Consignor agrees DAN SMO LLC is not responsible for any transfer fees I.E., a $20 Domestic fee for Wires or $30 International Wire transfer fee.

Consignor must give payment info to one or more of the aforementioned payment systems either upon consignment or the week within the consignor’s item(s) being auctioned.

The Consignor agrees their payment will be the agreed upon percentage in their consignment contract of the sale price of the item(s).

The Consignor agrees that any fees associated with selling their item(s) such as reserve prices, grading fees, or eBay promotion fees will be deducted from the sale price.

DAN SMO LLC cannot force potential buyers to pay for item(s) being consigned. If a buyer does not pay for an item(s) and the Consignor and DAN SMO LLC do not come to an agreement on the next course of action. DAN SMO LLC has the right to 1) cancel the sale and return the item(s) to the Consignor. II) Sell the item(s) to the underbidder. III) include the item(s) in a future auction.

If DAN SMO LLC cannot get in touch with the Consignor or the Consignor is unresponsive to any emails, phone calls, or other acts of communication, after 45 days the withstanding balance and item(s) will be sent via the provided Consignor’s payment service.

An Invoice of the sold item(s) containing the sold price and Consignor’s balance will be emailed to the Consignors provided email address at the time of the auction end and paid for date.

The Consignor may keep proceeds with DAN SMO LLC if they wish to make purchases or for other future costs.

The Consignor will be paid weekly. An invoice will be sent after each auction.

Expenses
DAN SMO LLC agrees to bear the following expenses related to the offering and sale of the item(s); I) the cost of bearing liability for any loss or damage to the item(s) as provided in Section of this Agreement titled, “Physical Loss and Damage to Item(s). II) Any agreed upon advertising.

Early Termination
DAN SMO LLC may terminate the sale of any item(s) any time before or during the sale if:

There is doubt to the item(s) authenticity
There is concern the offering of the item(s) for sale may subject the Consignor or DAN SMO LLC to liability.
There is doubt as the accuracy of any of the Consignor’s representations or warranties.
The Consignor has breached, or are alleged to have breached, any provision of this Agreement
Any item(s) incurs loss or damage so that it is not in the state in which it was when we agreed to offer it for sale.
The Consignor agrees if they wish to terminate an item(s) for any reason they must pay the fees mention in the Section “Fees”
Fees
The Consignor agrees to pay any fees for ending an auction(s) early. The fee amount will be invoiced to the consignor.

The Consignor agrees to pay a termination fee of $50 per item that is terminated early or rescinded.

The Consignor agrees to pay any shipping and handling costs or return shipping for early termination.

DAN SMO LLC will take care of any applicable selling fees for item(s) that are sold and not terminated. Minus Fixed Promoted fees or reserve fees.

Unsold Item(s)
If an item(s) receives no bids or is unpaid for at auction DAN SMO LLC may a) relist the Consignor’s item(s) in a following auction. B) Return the Consignor’s item(s) to them.

Descriptions
DAN SMO LLC will make no representation or warranty of the anticipated selling price of any item(s) and no statement anywhere by DAN SMO LLC of the selling price of any item(s) may be relied upon as a prediction of the actual selling price.

DAN SMO LLC is not liable for any errors or omissions in the descriptions of the item(s) and will make no guarantees, representations, or warranties whatsoever to the Consignor with respect to the item(s), it’s authenticity, attribution, legal title, condition, value, or otherwise.

DAN SMO LLC has absolute discretion with respect to the inclusion of a description of any item(s).

Term; Termination
The Consignor agrees DAN SMO LLC shall have the exclusive rights to sell the consigned item(s) from the effective date of the consignor's agreement. DAN SMO LLC may end this Agreement immediately if i) DAN SMO LLC believes the Consignor has breached any of the representations and warranties; ii) any item(s) are withdrawn; iii) the auction is canceled iv) Other issues such as health, death, termination of the business, or a discussion in new rates. Neither the Consignor or DAN SMO LLC will be responsible for any failure to meet our obligations under this Agreement if such failure is caused by circumstances beyond DAN SMO LLC or the Consignor’s control. This includes, but is not limited to, fire, flood, natural disasters, war, armed conflict, pandemics, health crisis, or death.

Liability Limitations
The Consignor agrees it is impossible for DAN SMO LLC to accurately predict the selling price or the exact selling time for any item(s)

The consignor agrees DAN SMO LLC is not responsible for any errors or failures to execute bids placed online or for errors or omissions in connection with such bids, including but not limited to, errors or failures caused by i) loss of connection to the internet or other platform; ii) breakdown or problem with eBay’s or dansmoauctions's platform.

The Consignor agrees DAN SMO LLC is not responsible for any loss of profits, loss of business, loss of anticipated savings, for any special, incidental, or consequential costs, damages, charges, or expenses, or for punitive damages.

The Consignor agrees DAN SMO LLC is not the owner of the consigned item(s) even when in control and custody of DAN SMO LLC.

The Consignor relinquishes ownership of the consigned item(s) when the auction has ended and the item(s) has been paid for.

Physical Loss or Damage to Item(s)
Unless DAN SMO LLC and the Consignor agree to insure the item(s), DAN SMO LLC agrees to insure and bear full responsibility for any physical loss of damage to the item(s) beginning when i) the item(s) are in the custody and control of DAN SMO LLC ii) DAN SMO LLC has physically inspected and accepted the item(s).

DAN SMO LLC is not responsible for loss, damage, or theft of the item(s) when being shipped from the Consignor’s residence.

DAN SMO LLC does not bear responsibility for any third-party shipping service.

If an item were to be damaged in transit the Consignor may choose to auction the item still or have it returned at the expense of DAN SMO LLC.

If an item(s) happens to be lost or damaged in the control of DAN SMO LLC they will pay an agreed upon amount discussed between the Consignor and DAN SMO LLC

For the purposes of regrading and authentication, the Consignor agrees and understands that there is a risk of damage to the item(s) that may result from the services provided by DAN SMO LLC or third-party authenticators. The Consignor understands these risks and hereby releases and waives the right to sue DAN SMO LLC, its officers, directors, employees, volunteers, agents and representatives, in connection with liability arising from or in connection with any and all claims of any sort of kind that the Consignor, the Consignor’s heirs, administrators, executors, and assigns may ever have against such released parties pertaining to the Consignors receipt of the Services in consideration of the benefits the Consignor may receive from the Services.

Confidentiality
The Terms of this consignment agreement, including the identity of the consignor, shall remain confidential and should not be disclosed by either party. The Consignor agrees they will not disclose the terms of this Agreement including the consignment rates both parties have agreed to, to any third-party without our prior written consent, except to attorneys and accountants on a need to know basis, or as a result of valid legal process compelling the disclosure, provided the consignor first gives DAN SMO LLC prompt written notice of such service of process and allow DAN SMO LLC if DAN SMO LLC deems appropriate to obtain a protective order.

Miscellaneous
This Agreement, any attached Schedules, and the Conditions of Sale, constitutes the entire agreement between the Consignor and DAN SMO LLC with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous written, oral, or implied understandings, representations, and agreements of the parties relating to the subject matter of this Agreement. Neither the Consignor nor DAN SMO LLC may amend, supplement, or waive any provision of this Agreement except by a writing signed by the Consignor and DAN SMO LLC.

The contractual obligations and duties set forth in this Agreement are only valid once both parties have signed this Agreement.

Any paragraph headings contained in this Agreement are for convenience of reference only and shall not affect in any way the meaning or interpretation of this Agreement.

This Agreement may be signed in counterparts, each of which will be deemed an original and all of which together constitute one and the same agreement.

Recognized electronic and facsimile signatures shall be valid and binding and will be deemed an original.