TERMS AND CONDITIONS

This agreement outlines the terms of the parties' agreement regarding personal property consigned to Prime Auto Center LLC for sale. Officials at Prime Auto Center agree to utilize their professional skill, knowledge, and expertise to benefit both parties involved in the preparation and execution of the property sales. Prime Auto Center will act exclusively as an agent in any transaction between the Consignor and the eventual Buyer.


DISCLOSURE:

The Consignor owns all the merchandise consigned to Prime Auto Center LLC (Consignee) and has the legal authority to enter into this Consignment Agreement. The Consignor also guarantees that the consigned goods are genuine and that their titles are free from any liens or other claims.

1. OWNERSHIP

The Consignor guarantees, affirms, and agrees that they are the rightful owner of the property being sold and that there are no liens, judgments, or other encumbrances against their ownership, including all rights of sale or transfer, of the consigned property. Both parties agree that the title to the consignment will remain with the Consignor until Prime Auto Center sells the consignment either in separate parts or as a whole.

2. DESCRIPTION OF CONSIGNED PROPERTY

Prime Auto Center agrees to deliver the property, and the Consignor agrees to accept it for the purpose of sale based on the terms and conditions stated in this Agreement.

The Consignor affirms and agrees that the description(s) of the consigned property are accurate and truthful to the best of their knowledge and belief. Furthermore, the Consignor declares that they have no knowledge of any undisclosed defects in the consignment..

Prime Auto Center affirms and agrees that the description(s) of the consigned property are accurate and truthful to the best of their knowledge and belief. Additionally, Prime Auto Center confirms that they have no knowledge of any undisclosed defects in the consignment.

3. NON-EXCLUSIVITY OR EXCLUSIVITY OF AGREEMENT

Prime Auto Center shall have the sole and exclusive right to promote and sell the property described above. By consigning this personal property, the Consignor agrees to grant Prime Auto Center the exclusive right to market and sell the property without a predetermined end date, unless mutually terminated by the Consignor or Seller.

The Consignor retains the exclusive right to respond to potential Buyers' inquiries and negotiate the sale price.

The Consignor is not permitted to sell the property described above independently outside of the Prime Auto Center system. In the event that the Consignor does sell the consignment listed in this Agreement, Prime Auto Center will still be entitled to receive payment for the sale of such consignment based on the terms and conditions outlined in this Agreement.

4. PRICE

The Consignor has the authority to determine the offering price(s) for the consigned property. Prime Auto Center agrees to notify the Consignor of genuine offers to purchase the consigned property at prices lower than the asking price set by the Consignor. The Consignor retains the exclusive right to accept a price lower than the offering price if they choose to do so.

5. COMMISSION AND FEES

For the services provided by Prime Auto Center, which may involve various tasks such as preparing the property for sale, describing it, taking photographs, creating listings, communicating with potential Buyers (specifically for eBay transactions), finalizing the sale, accepting payments, and arranging shipment to the Buyer, the Consignor acknowledges and agrees that Prime Auto Center will deduct any applicable commissions from the final sale price of the item(s) before issuing the final payment to the Consignor. The commission rates and fees are outlined in the commission schedule available on our company's website and are subject to change with any new agreements made with consignors.

6. ADDITIONAL FEES

The Consignor is responsible for covering any fees imposed by third-party auction websites, such as eBay, utilized by Prime Auto Center for marketing, listing, and/or selling the property. These fees may include listing fees, final value fees, PayPal fees, and any optional fees associated with special website placement. The Consignor is liable for these expenses.

7. INSURANCE AND LIMITATION OF LIABILITY

Prime Auto Center assumes full responsibility for maintaining insurance coverage on the property from the time of consignment until the item is sold and shipped to the Buyer. Prime Auto Center will be held liable for any damages, loss, theft, or damage that may occur while the items are in their possession for sale. They take extra precautions to ensure the safety and security of the items in their care, including the use of two separate alarm systems to protect the location where the items are stored. All items will be shipped with proper insurance coverage, unless the Buyer specifies otherwise, and the associated expenses for insurance will be covered by the Seller.

8. RESPONSIBILITIES AND LIMITATIONS OF THE CONSIGNOR

Upon submitting the property, the Consignor is obligated to provide Prime Auto Center with comprehensive information related to the property. This includes, but is not limited to, written descriptions, provenance, history, authorship, period, culture, source of origin, quality, rarity, existence of copyright or other proprietary or intellectual property rights, condition/damage reports, estimates of values and reserves, and any other information that Prime Auto Center may request from the Consignor. All items handled by Prime Auto Center will be offered with a 7-day inspection period for potential Buyers. If the Consignor wishes to include any verbal history of the item, it must be documented in writing and signed by the Consignor to be included in the sale narrative. Offering a lifetime money back guarantee to the Buyer is at the discretion of the Consignor. Prime Auto Center retains the right to reject any item that they deem, in their professional judgment, to be inauthentic or of questionable authenticity.

9. METHOD OF SALE

All of the Items we offer is offered for sale on the following online marketplaces: www.ebay.com, www.boattrader.com, www.boats.com, www.oodle.com, www.craigslist.org, www.kijiji.com and www.gumtree.com

10. TIME OF PAYMENT(S) TO CONSIGNOR

The Consignor acknowledges and agrees that Prime Auto Center must receive full payment for the sale of the consigned property before any obligation arises for Prime Auto Center to provide payment to the Consignor. Once Prime Auto Center has received full payment for the sale, they will remit the amount due to the Consignor under this Agreement. The payment will be made in United States currency or by a check drawn on a United States Bank. Prime Auto Center will issue the payment to the Consignor no later than 3 days following the date of receiving full payment for each item.

It is understood that "full payment," as mentioned above, refers to the day when any monetary instrument used by the Buyer is cleared by Prime Auto Center' Bank.

11. AMOUNT(S) OF PAYMENT(S) TO CONSIGNOR

The Consignor and Prime Auto Center have mutually agreed that approximately 89% of the selling price will be payable to the Consignor upon the sale of the property covered by this Agreement. Prime Auto Center will provide a monthly written statement that includes a comprehensive record of all sales made regarding the property covered by this Agreement. The statement will specify the dates of such sales, the total amount(s) received, and the amount due to Prime Auto Center.

12. TERMINATION OF THIS CONSIGNMENT AGREEMENT

Prime Auto Center retains the right to terminate this Agreement at any time and for any reason by returning all unsold property, which is the subject of this Agreement, to the Consignor. Similarly, the Consignor has the right to terminate this Agreement at any time and for any reason, but such termination will not impact the agreement in relation to items of property already sold. The party terminating the Agreement will be responsible for covering the expenses associated with delivering any unsold property to the Consignor. It is not mandatory for the terminating party to provide prior notice of termination.

13. OPERATION OF Prime Auto Center BUSINESS

Prime Auto Center holds the exclusive authority to determine the business operations and management of its premises. The Consignor bears no liability or responsibility for the operation and management of Prime Auto Center' business, employees, or agents, including any torts or other legal claims arising from such operations. Prime Auto Center agrees to defend, indemnify, and release the Consignor from any such claims or actions.

14. LIABILITY FOR LOSS, ETC., OF CONSIGNED PROPERTY

In the unfortunate event that consigned property becomes lost, stolen, destroyed, damaged, or unaccounted for due to any cause, whether known or unknown, referred to collectively as "lost," while under the possession of Prime Auto Center, the following conditions shall apply: The lost property or each item that is lost shall be considered as if it had been sold. Prime Auto Center will be responsible for paying the Consignor the agreed amount as stated in this Agreement for the lost property or each lost item. However, in such cases, Prime Auto Center will owe only 85% of the agreed amount to the Consignor, rather than the full amount. This reduced amount will be due to the Consignor within 3 days following the occurrence of the property being lost.

15. ADVERTISING

Prime Auto Center is not permitted to utilize the Consignor's name or any other identifying information for the purposes of advertising, promoting, or selling the consigned property, unless explicit written permission is granted by the Consignor.

16. ASSIGNMENT

This Agreement is non-transferable and cannot be modified except through a written amendment that is mutually agreed upon and signed by both parties involved.

17. CONSTRUCTION

This Agreement will be interpreted and governed in accordance with the laws of the States of Staten Island, Florida, and California.

18. WAIVER

The parties acknowledge and agree that instances or patterns of waiver, forbearance, course of dealing, or trade usage shall not impact or diminish the right of any party to enforce and demand performance of any term or condition stated in this Agreement.