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BluePirate LLC Terms and Conditions:
BluePirate LLC Consignment Agreement
WHEN YOU REGISTER YOUR GOODS WITH BLUEPIRATE LLC FOR SALE
ON CONSIGNMENT, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND
CONDITIONS CONTAINED IN THIS CONSIGMENT AGREEMENT WHICH IS ALWAYS MADE READILY AVAILABLE AT BLUEPIRATE LLC’S
STORE
AND ON ITS WEBSITE.
1. Purpose.
BluePirate LLC will offer to sell certain items described on the List of Inventory and owned by you on eBay, Craigslist and other outlets as appropriate. BluePirate LLC will answer bidders’ inquiries,
accept payments from buyers and remit net receipts to you per schedule, package and ship sold items.
2. List of Inventory:
To be complete, a listing shall include a unique description of the item to be sold, including weight and dimensions both to include in the published description and in order to determine shipping
costs; a minimum price for the item as mutually determined by the you and BluePirate LLC, either an acceptable digital image of the item, or delivery of the item itself to BluePirate LLC for the purpose
of creating such an image.
Submission of a List of Inventory shall be considered a guarantee by you that you have the legal right and authority to contract with BluePirate LLC for the sale of the described item(s) and the ability to
make the item(s) available for delivery to a buyer within 24 hours of the completion of any sale. You shall hold BluePirate LLC blameless and defend BluePirate LLC in any legal actions by any third party
resulting from any dispute over the actual ownership of the submitted items or your legal right to submit it to BluePirate LLC for listing and sale.
3. Possession.
You will allow BluePirate LLC to take possession of each item and to remove it to a location under BluePirate LLC’s control. BluePirate LLC will have no obligation to sell or prepare to sell items which
have not been so placed with BluePirate LLC, unless otherwise agreed in writing between you and BluePirate LLC.
4. Exclusive Right to Sell.
BluePirate LLC will have the exclusive right to sell each item on the List of Inventory from the time BluePirate LLC takes possession of it until BluePirate LLC returns it to you unsold or notifies you of
its intention to do so. During that time BluePirate LLC will use its best efforts to sell the item.
5. Exclusive Right to Sell. You appoint BluePirate LLC to act as your exclusive agent for the sale of items listed in the List of Inventory whether or not they remain in the possession of BluePirate LLC,
you, or some third party. You warrant and represent that no person or entity, other than BluePirate LLC, will sell the item(s) identified in the List of Inventory. In the event that the item is sold by another
person or entity, a 50% commission of the average sale price of a similar item(s) as listed on eBay and or Craigslist will be paid to BluePirate LLC if the item is sold by a person or entity other than
BluePirate LLC.
6. Right to Decline Items. BluePirate LLC may decline to list any item:
a. whose sale is regulated or prohibited by federal law or by state law in any state,
b. that cannot be listed on eBay under eBay rules then in effect,
c. that is perishable, and/or
d. of no value and unlikely to sell
e. for any reason whatsoever.
7. Listing.
BluePirate LLC will prepare an eBay item description for each item and list it within 30 days of taking possession. For multiple, identical items to be sold individually or in lots, BluePirate LLC will prepare
an item description for each type of item and begin listing reasonable quantities of the item within 30 days. BluePirate LLC will list items under its eBay member ID or a unique ID to YOU. When you
agree to have BluePirate LLC sell your item(s), BluePirate LLC’s ability to describe, market and sell the goods on eBay or other related Internet selling sites will be limited by the site’s policies, including
the User Agreement and Listing Policies.
8. Withdraw of Offer to Sell by You.
In consideration of the fact that BluePirate LLC is contractually obligated to deliver any item listed as an eBay auction item, no listed item will be sold by any party other than BluePirate LLC without
express written permission by an authorized representative of BluePirate LLC. Ten day written notice is required to withdraw any listed item without penalty to you and only if the item is not already
being auctioned or the sale is not already being negotiated. A 50% commission of the average sale price of a similar item(s) as listed on eBay will be paid to BluePirate LLC if the item is sold and is not
available for delivery to a legitimate buyer. In addition, you will hold BluePirate LLC blameless and will
defend BluePirate LLC against any legal claims made against BluePirate LLC for the inability of BluePirate LLC to deliver any purchased item due to your inability to make the item available for shipment
to a legitimate purchaser.
9. Return or Disposal of Unsold Items.
BluePirate LLC will provide you with notification of any item that is not sold or listed and provide you with 30 days to either pick up the item or make arrangements for delivery to you at your expense.
Alternatively, BluePirate LLC will dispose of an unsellable item for a reasonable fee to be agreed to in advance.
10. Independent Judgment.
Subject to the terms of this agreement, BluePirate LLC will use its independent judgment in writing item descriptions, preparing photographs, setting minimum bids or fixed prices and other terms of
sale, and choosing the opening time and duration for each listing unless otherwise specified in the basic contract.
11. Net Receipts.
“Net receipts” is defined as receipts from buyers for items sold. It does not include:
a.) Kentucky sales and use tax. BluePirate LLC will collect, report, and pay this tax on taxable items sold within the State of Kentucky.
b.) Any other taxes which BluePirate LLC collects according to the terms of this agreement. BluePirate LLC will remit such taxes to you with payments for items sold. You shall be solely responsible for
reporting and paying such taxes.
c.) Packaging and shipping charges. BluePirate LLC may require buyers to pay reasonable charges to cover the costs of packaging and shipping items sold. In the event Buyer does not pay such
charges, you will be NOT be responsible for such changes.
d.) eBay charges and fees which will be deducted from the net.
12. Payments to You:
Amount. BluePirate LLC will pay you an amount per item sold equal to Net Receipts, minus BluePirate LLC’s commission equal to 40% of the first $500 of the Net Receipts, 30% of the next $2500 of the
Net Receipts, and 20% of the remaining amount over $3000. BluePirate LLC agrees, upon sale, to maintain proceeds due to you in trust, and separate and apart from BluePirate LLC’s own funds and to
deliver such proceeds, less commissions and fees, to you together with an accounting statement within 60 days of the sale unless otherwise specified.
13. Non-Paying Buyer.
If a buyer fails to fulfill the terms of the sale agreement, BluePirate LLC may elect to declare the item unsold, relist the item, or sell the item to another bidder.
14. Inaccurate Information Provided By You.
The parties recognize that BluePirate LLC will make statements to prospective buyers in reliance on information provided by you, and that BluePirate LLC’s reputation in the eBay community depends
on its readiness to resolve buyers’ claims promptly and fairly. If a buyer claims to have suffered a loss due to reliance on inaccurate information provided by you, BluePirate LLC will notify you promptly,
and will give you a reasonable opportunity to participate in resolving the claim. BluePirate LLC will, however, determine whether and how to satisfy the claim according to its own independent judgment.
You will reimburse BluePirate LLC for the cost of satisfying the claim, including reasonable attorney’s fees and costs.
15. Governing Law.
This agreement will be interpreted according to the laws of the State of Kentucky.
16. Loss or Damage.
BluePirate LLC shall be liable for loss or damage to any consigned item(s) from the date of delivery to BluePirate LLC until the item(s) is returned to you or placed with a carrier for delivery to a
purchaser. Item(s) in the possession of BluePirate LLC shall become the complete responsibility of you 30 days after receipt of written notice that an item(s) are delisted by BluePirate LLC or upon
delivery. In the event of loss or damage you agree that the extent of your damages is limited to the same amount as if the item(s) had been sold at the average sale price of a similar item(s) as listed on
eBay
17. Transportation of Item(s).
Packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of the item(s):
a. from you to BluePirate LLC shall be borne by you,
b. from BluePirate LLC to you shall be borne by BluePirate LLC
c. from BluePirate LLC to any purchaser shall be borne by BluePirate LLC
18. Duration and Termination of Consignment Agreement.
You and BluePirate LLC agree that the initial term of consignment for the item(s) shall continue until all the item(s) it covers in the List of Inventory is sold, is returned to you or disposed of. You may
request in writing that an item be delisted and, if in possession of BluePirate LLC, returned to you with 10 days written notice, unless the item(s) is already being auctioned or a potential buyer is already
negotiating for the purchase. Items not currently being auctioned or in negotiation will be delisted in 10 days and, if in possession of BluePirate LLC, will be available for you to pickup from BluePirate
LLC 10 days after receipt of written notice of the desire to withdraw the item for sale by BluePirate LLC.
For items currently being auctioned or in negotiation, BluePirate LLC will make every reasonable effort to cancel the auction or sale without cost to you. In the event that you demand that the sale be
stopped in any case, you must make this demand in writing and you will assume any legal or other costs incurred by BluePirate LLC due to this cancellation.
You are specifically put on notice that BluePirate LLC is likely to be charged fees by eBay for any cancelled items and that it may not be possible to cancel an auction or sale which is already in progress
and that you will be responsible for these costs.
This entire agreement shall continue unless 30 day written notification of termination is received by one party sent from the other. Within 30 days of the termination notification, all accounts shall be
settled and all unsold items actually in possession of BluePirate LLC shall be available for you to pick up form BluePirate LLC. The agreement shall automatically terminate if BluePirate LLC becomes
bankrupt or insolvent, or is in material breach of this agreement.
19. Proprietary Rights.
BluePirate LLC owns and retains all proprietary rights to BluePirate LLC services. The website contains the copyrighted material, trademarks, and other proprietary information of BluePirate LLC and its
affiliates. Except for that information which is in the public domain, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
20. Guarantees.
All item(s) are sold by BluePirate LLC “as is” and are “final”. Should you choose to offer a guarantee then the buyer will be provided with your name and contact information in connection with the
guarantee you specifically describe on the List of Inventory.
21. eBay Fees.
Current eBay Fees will be provided upon request by you. eBay’s fees are subject to change at any time and you will be charged the exact fee eBay charges BluePirate LLC at the time of your sale. You are
responsible for paying all eBay fees associated with the eBay auction.
22. Disclaimer.
BluePirate LLC is not an Auctioneer. Although eBay is commonly referred to as an online auction web site, it is important to realize that this does not mean that BluePirate LLC is an "auctioneer."
BluePirate LLC uses eBay to offer and sell in a variety of pricing formats, including a fixed price format or an auction-style format. BluePirate LLC cannot ensure that a buyer will actually complete and
pay for a purchase. Additionally, BluePirate LLC is not responsible for any malfunction of the eBay, PayPal or other websites. Nor will BluePirate LLC be held responsible for e-mail, computer, virus, or
electronic payment malfunctions. BluePirate LLC is not responsible for the conduct, whether online or offline, of any user of the www.BluePirate.com website and/or BluePirate LLC services. Under no
circumstances will BluePirate LLC be responsible for any loss or damage resulting from anyone’s use of the www.BluePirate.com website and/or BluePirate LLC services, or any interactions between
users of the www.BluePirate.com website and/or BluePirate LLC services, whether online or offline.
23. Indemnity.
You agree to indemnify and hold BluePirate LLC, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable
attorneys’ fees, made by any third party due to or arising out of your use of BluePirate LLC services in violation of this Agreement and/or arising from a breach of this Agreement and/or your violation of
any law or the rights of a third party.
24. Severability.
If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions of the agreement will continue in full force and effect.
25. Miscellaneous.
This agreement shall not be modified except by written modification. This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns and personal representatives.
All terms of this Agreement shall be covered by Kentucky law.
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