844-222-3331 Ext.1

Listing Contract


At this point, please read the agreement carefully and follow the instructions.


This Agreement made as of

Between

Hereinafter referred to as the “SELLER”, and

DownsizeSale Auctioneers, Inc.

a company incorporated pursuant to the laws of the Province of Saskatchewan, hereinafter referred to as the “COMPANY”.

The SELLER wishes to engage the services of the COMPANY, an online auction firm, to sell certain personal property that is owned by or is under the authority and control of  the SELLER, and is provided as follows:

Now therefore both parties, with the intent to be legally bound, agree to the following terms:



1, Sales Method

The Goods, or the personal property of the SELLER described above (collectively the GOODS) will be offered for sale to the highest bidder regardless of the price through an unreserved online only auction(http://auction.downsizesale.com) at the above premises. None of the GOODS will have a minimum price, and the selling prices of all of the GOODS will be made public.



2, Term

The term of this Agreement will run from the above date until 2 months after the date the contract is signed. Payment will be made to the SELLER no more than 14 days after the auction closes.



3, Exclusivity

The COMPANY shall have exclusive rights to sell the GOODS, as per the terms of this Agreement, throughout the term of the Agreement.



9, The SELLER’s Representations and Warranties

The SELLER represents and warrants that:

a) The GOODS are and will remain free and clear of all liens, mortgages, pledges, security interests, charges, adverse claims or demands, and all other encumbrances. The COMPANYhas no liability resulting from the SELLER misrepresenting his valid ownership of the GOODS.

b) The SELLER has the authority needed to sell the GOODS.

c) No approval of or notice to any other party is required to sell the GOODS.

d) This Agreement constitutes a legally valid and binding obligation of the SELLER which is enforceable against the SELLER.

e) The SELLER will not bid for the GOODS, either directly or indirectly.

The SELLER has an insurance policy in place covering the value of the GOODS, the value of other personal property on the premises, and damages arising to the premises or any visitor to the premises, and that this insurance policy will remain in effect through the auction event. The SELLER will not hold the COMPANY or any of its employees or agents for any loss or damage before, during, or after the auction event.



10, Indemnification

The SELLER will indemnify the COMPANY, its employees, and agents from all expenses, losses, and damages arising from the SELLER’s breach of any of his representations, warranties, or obligations.



11, Limitations on Liability

The COMPANY will not be liable to the SELLER for any damage to the GOODS, other personal property, or visitors except to the extent that it is caused by the COMPANY’s gross negligence or willful misconduct. The COMPANY’s liability to the SELLER for damages, losses, or expenses will not exceed the fees payable by the SELLER, as a reflection of the allocation of risk between SELLER and COMPANY.



12, No Warranty

The COMPANY makes no warranty that its online bidding service will be uninterrupted or free of error.



13, The Costs of Enforcement

If either party initiates action to enforce its rights under this Agreement, the prevailing party may recover its expenses at an interest rate of 7% per annum.



14, Entire Agreement

This Agreement constitutes the entire understanding between the parties.



15, Severability

If any provision of this Agreement is held to be invalid or unenforceable, then all other provisions will remain in full force.



16, Waiver

Any waiver of any breach of provision of this Agreement shall not imply the waiver of other breaches.



17, Binding Effect and Assignment

This Agreement is binding on both parties and their successors. The SELLER may not assign any rights or obligations under this agreement without the permission of the COMPANY.



19, Governing Law and Venue

This Agreement will be governed by the laws of the Province of Saskatchewan. The SELLER submits to the jurisdiction and venue of the Province of Saskatchewan for any dispute concerning this Agreement.



20, Jury Trial Waiver

The SELLER waives any right to trial by jury.



21, Acknowledgement

The parties acknowledge that they have read and understood the whole of this Agreement and agree to be bound by its terms. IN WITNESS WHEREOF, and as evidence of their intent to be legally bound, the SELLER and the COMPANY have executed this agreement on


© 2020 DownsizeSale Auctioneers Inc. Contract v20200115