Sellers Agreement And File Upload Page
Terms Of Agreement
1) I the signee/seller representing the company listed above hereby grant Mohawk Machinery Liquidators exclusive rights to list and sell the equipment submitted to our online auction.
The sale will be held within 60 days after the signing of this agreement. Print and internet advertising will be presented as “machinery and equipment surplus to the on-going needs of the owners” with MOHAWK MACHINERY LIQUIDATORS as the selling agent. All advertising announcements will direct prospective buyers to an on-line timed auction sale at www.mohawkmachineryliquidators.com. Agent will handle all sales and price inquires and will coordinate all technical questions and inspections with Seller.
2) Seller requires Agent to provide best-effort to procure a qualified buyer for the Equipment identified above, in accordance with the terms of this Listing Agreement. Notwithstanding any other terms in this agreement, it is understood that Seller may not sell the Equipment from the date of signing thru the date of the online auction on (date of sale). This will allow for preparing advertising and marketing of the equipment. There will be no costs to the seller.
3) Seller grants Agent, his agents and assigns, the right to inspect and show the Equipment identified above. It is expressly understood in connection herewith that Agent does not assume care, custody, or control of said Equipment identified above.
4) It is understood that the equipment submitted may not be sold for less than the agreed on reserve price without Sellers permission. Agent agrees to present any offers under the reserve price to Seller for his consideration. Agent at no time takes ownership of equipment. Sales are final when money is received.
5) Seller agrees that the Agent is entitled to the buyer’s premium, to be paid by the Buyer, as payment for his services. If Seller or the Seller’s agents sell the machine to a registered prospective Buyer of the Agent after the sale, the Agent shall receive the full commission equal to the buyer’s premium as stated herein. In consideration thereof, the Seller will notify Agent of the identity of any purchaser, prior to the sale of the listed Equipment, for a period of six months following the termination of the Listing Agreement. Agent likewise will provide the Seller with a list of registered prospects who have been presented with information on the Equipment identified above. There is no commission due Agent if Seller obtains his own Buyer after the expiration of the listing period.
6) I certify that I am the owner, or legally represent the owner of the Equipment identified above, and have the right to sell same; that all information given by me is correct; that this Listing Agreement contains all the agreements of the parties; that no representations or warranties have been made to me except as are set forth herein; and that I have read the forgoing and agree to the terms thereof.
7) I understand this Agreement shall be binding upon the heirs, assigns, successors in interest, and personal representatives of the signing party.
8) This Agreement shall be governed by and interpreted in accordance with the substantive laws of the State of Ohio, without regard to its conflict of laws provision.
9) If any provision of this Agreement is deemed to be invalid or inoperative for any reason, that part shall be deemed modified to the extent necessary to make it valid and operative, or if it cannot be so modified, the severed, and remainder of this Agreement shall continue in full force and effect as if it had been signed with the invalid portion so modified or eliminated.