Consign

It is never to late to sell an item in our current auction. Please Submit the item information below and a consignment specialist will get back to you within hours.

* Item Title:
Item Description:
Minimum Sale Price:
* First name:
* Last name:
* Phone:
Company:
Address:
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* E-mail:
Selling Agreement RECITALS A. Provider (Modern Marvels Auctions) is engaged in the business of maintaining and managing an Internet auction website (the “Website”) through which sports, entertainment and historical memorabilia may be purchased and sold (the “Business”) B. Seller is interested in using the Business to sell its personal property (the “Property”) to a successful bidder (the “Buyer”) who accesses the Website. C. Provider has agreed to permit Seller to use the Business in connection with the sale of the Property, subject to the terms set forth herein. NOW, THEREFORE, Provider and Seller hereby agree as follows: Compensation. Provider shall receive compensation for the Services provided hereunder in the amount that is equal to fifteen percent (15%) of the final sale price of the Property paid for by the Buyer. This will be a fifteen percent addition to the final sale amount paid for by the buyer. The “Buyers Premium” Expenses; Taxes.(a) Expenses. Expenses that Provider incurs in connection with the sale of the Property, including, but not limited to, shipping costs and electronic transfer fees shall be passed-through to the Buyer. Provider shall not be responsible for the payment of any such expenses. Seller’s Responsibilities. Seller shall provide Provider with a complete and accurate description of the Property which may include, but not be limited to, provenance, history, authorship, period, culture, source of origin, quality, rarity, existence of copyright or other proprietary or intellectual property rights pertaining thereto, condition/damage reports, estimates of value and display photographs (collectively, “Seller’s Property Description”). Provider’s Exclusive Sale Rights. Seller agrees to grant to Provider the exclusive right to sell the Property for the duration of the current auction which closes April 25th 2009(the “Lockup Period”). Accordingly, Seller cannot withdraw the Property from the sale by Provider for any reason without obtaining Provider’s consent. However, Provider may, in its sole discretion, withdraw the Property from the Website for any reason Provider deems appropriate. During the Lockup Period, Seller agrees not to destroy, alter or attempt to sell the Property through any means other than the Website. Seller’s Warranties. Seller represents and warrants to Provider that: a) it is the legal and rightful owner of the Property or that it is legally licensed and/or authorized to sell the Property; (b) this Agreement constitutes the legal, valid, and binding obligation of Seller, enforceable in accordance with its terms;(c) this Agreement and performance hereunder does not violate or constitute a breach of any contract, other form of agreement, or judgment or order to which Seller is a Party or by which it is bound;(d) the Property is, and, until sold, shall remain free and clear of all liens, encumbrances or claims of third parties of any kind whatsoever;(g) Seller’s Description is true and correct. Seller acknowledges and agrees that Provider will rely upon the accuracy and completeness of Seller’s Description; and Risk of Loss; Insurance. Provider will not take possession of the Property. Seller understands and acknowledges that Seller maintains all risk of loss in connection with the Property. Provider will not obtain any insurance coverage for the Property for the benefit of Seller. Provider shall not be responsible for any claims that arise from the damage of the Property during shipment or transportation to Buyer or, in the event of a rejection of the Property by Buyer, Seller. Indemnity. Seller, its officers, principals, employees, agents, representatives, and its and their respective successors and assigns (collectively, the “Indemnitor”), shall indemnify, defend and hold harmless Provider, its officers, directors, principals, employees, agents, representatives, and its and their respective successors and assigns (collectively, the “Indemnitee”) from and against any and all liability, damages, loss, cost and expense, including reasonable attorneys' fees and costs, incurred or suffered by Provider that arise out of or result from (a) any breach, violation, or non-performance of any provision of this Agreement by Indemnitor, (b) Shill Bidding, (c) ownership or right to possession of the Property, (d) any damage or injury to persons or property (including harm caused to Provider’s reputation and business interests) caused by the Indemnitee through the sale or attempted sale of the Property, including, but not limited to, inaccuracies in Seller’s Description and claims of authenticity, (e) a non-paying Buyer for any amount which would have been collected or any loss resulting from the resale of the Property, including, but not limited to, the sale of the Property at a lower purchase price, and (f) any act or omission of the Indemnitee. Seller’s indemnification shall survive the completion of the transaction contemplated by this Agreement, and shall apply to the Property sold or offered for sale pursuant to this Agreement. Limitation of Liability. Provider’s entire liability to Seller for damages concerning the performance or nonperformance by Provider or in any way related to the subject matter of this Agreement, and regardless of whether the claim for such damages is based in contract, tort, strict liability, or otherwise, shall not exceed an amount equivalent to Provider’s Compensation as set forth herein. No Action arising from or pertaining to the provision of the Services may be brought against Provider more than one (1) year after the action has arisen. Terms and Conditions. Provider’s Terms and Conditions of the use of Provider’s Website are incorporated herein by reference and made a part hereof. Seller acknowledges having read, understood and agreeing to the Website Terms and Conditions of use. Attorneys’ Fees. Should Provider incur legal fees in connection with Provider’s enforcement of this Agreement, Seller agrees to reimburse Provider upon demand therefore for such reasonable attorneys’ fees and expenses so incurred. Binding on Successors and Assigns. Except as otherwise provided in this Agreement, all covenants, agreements, provisions and conditions of this Agreement shall be binding on and inure to the benefit of the parties hereto, their respective personal representatives, successors and signs. No modification or termination of this Agreement shall be binding unless evidenced by an agreement in writing signed by Provider and Seller. Electronic Signature/Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. Electronic signatures shall be binding as an original signature as provided by law. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any and all previous written or oral agreements, representations, warranties, statements, correspondence, and understandings between the parties. This Agreement cannot be amended or modified except by a written agreement signed by all parties hereto. By checking this box, you agree to the terms in the above selling agreement:
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Modern Marvels Auctions offers a unique consignment process for all of our items. We provide a 100% guaranteed safe method for all of our consigners providing absolute protection on their investments from the beginning of the process until the items arrive the hands of our customers.

We have a very personal relationships with our consigners and a consignment specialist will personally be available for contact at all times from the time of initial contact until the final sale and the item and money has arrived in both parties hands.

For all items consigned with an estimated value over $5,000, with exceptions in some cases, we will strongly consider having your item placed in our featured items section and on our homepage, as well as in our ads in Beckett Sportscard Monthly and Sports Market Report.

We are very open for all sorts of items for consignment specializing in High-End sports pieces, but ranging from Entertainment, Americana, and Rare Coins we have the market for one of a kind items in all genre’s of the collectible world.

Dave Amerman

President

dave@modernmarvelsauctions.com