TERMS AND CONDITIONS

This Agreement states the terms of the parties' agreement with respect to personal property consigned to WIDE Marine & Automotive, LLC for sale. WIDE Marine & Automotive officials agrees to use professional skill, knowledge and experience to the best advantage of both parties in preparing for and executing sales of this property. WIDE Marine & Automotive will act solely as an agent in any transaction between the Consignor and the eventual buyer.

DISCLOSURE:

The Consignor is the owner of all goods consigned to the WIDE Marine & Automotive LLC (Consignee) and has the legal right to enter into this Consignment Agreement, and guarantees that the goods consigned are authentic and titles are free and clear of liens or other claims.

1. OWNERSHIP

Consignor warrants, covenants and agrees that the property, being sold is owned by Consignor and that there are no liens, judgments or other encumbrances against the ownership, including all rights of sale or transfer, of the consigned property. The parties agree that title to the consignment shall remain in Consignor until such consignment is sold in severable parts or in whole by WIDE Marine & Automotive.

2. DESCRIPTION OF CONSIGNED PROPERTY

WIDE Marine & Automotive agrees to deliver the property, and Consignor agrees to accept for the purpose of sale on the terms and conditions hereinafter recited in this Agreement.

Consignor states and agrees  that the  description(s)  of  the  consigned  property  is  true  and correct to the best of Consignor’s knowledge and belief and further, that no undisclosed defects in such consignment are known to Consignor.

WIDE Marine & Automotive states and agrees  that the  description(s)  of  the  consigned  property  is  true  and correct to the best of WIDE Marine & Automotive knowledge and belief and further, that no undisclosed defects in such consignment are known to WIDE Marine & Automotive.

3. NON-EXCLUSIVITY OR EXCLUSIVITY OF AGREEMENT

WIDE Marine & Automotive shall have the exclusive right to market and sell the property described hereinabove. By consigning this personal property , Consignor agrees to grant to WIDE Marine & Automotive the exclusive right to market and sell the property for an open ended period of time until the Consignor or Seller agree to negate the agreement.

Consignor shall have the exclusive right to answer potential Buyers inquiries and negotiate the price of sale.

Consignor shall not have the right to sell the property described hereinabove for his own account, outside WIDE Marine & Automotive system. If Consignor does sell the consignment listed in this Agreement, WIDE Marine & Automotive shall nonetheless be entitled to payment for the sale of such consignment on the terms and conditions of this Agreement.

4. PRICE

The offering price(s) are to be determined by Consignor. WIDE Marine & Automotive agrees to inform Consignor of bona fide offers to purchase the consigned property for prices less than the asking price set by Consignor. Consignor reserves the exclusive right to accept a price less than the offering price.

5. COMMISSION AND FEES

For WIDE Marine & Automotive services, which may include preparing the property for sale, describing the property, photographing the property, listing the property, communicating with prospective buyers about the property (on eBay transactions only), closing the sale, accepting payments for the property, and shipping the property to the buyer, Consignor agrees that, according to the commission and fees listed, WIDE Marine & Automotive will automatically deduct any commissions owed from the final sale price of items(s) prior to issuing final payment to Consignor. WIDE Marine & Automotive commission schedule is described on our company's website (www.widemarine.com) and may change with any new agreements with consignors.

6. ADDITIONAL FEES

The Consignor shall also pay WIDE Marine & Automotive for any and all fees charged by third party auction websites used by WIDE Marine & Automotive ie: Ebay, to market, list and /or sell the property which may include listing fees, final value fees, Paypal fees, and any optional fees charged for special website placement.

7. INSURANCE AND LIMITATION OF LIABILITY

The WIDE Marine & Automotive shall be solely responsible for maintaining insurance on the property until the item has sold and the property has been shipped to the buyer. WIDE Marine & Automotive shall be liable for damages, loss, theft or damage while items are in their possession for sale. Extra care is taken to insure that there is no loss, theft or damage to items in their care. Two separate alarm systems protect the structure that the items will be located in. All items will shipped accordingly, unless specified by the buyer, and will be fully insured prior to being shipped. These expenses will be met by the Seller.

8. RESPONSIBILITIES AND LIMITATIONS OF THE CONSIGNOR

Along with the submission of the property, Consignor shall provide WIDE Marine & Automotive with any and all information pertaining to the property which shall consists of all information about the property, which may include, but 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 pertaining thereto, condition/damage reports, estimates of values and reserves, and such other information as WIDE Marine & Automotive may from time to time require of Consignor. All items handled by WIDE Marine & Automotive will be offered with a 7 day inspection period to the buyers. Any verbal history would have to be written down and signed by the consignor if the consignor wants that information included in the sale narrative. If the buyer wants a lifetime money back guarantee that would be up to the consignor to offer. WIDE Marine & Automotive reserves the right to refuse any item that it deems, in their opinion, not authentic or has 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.craigslist.org and www.kijiji.com

10. TIME OF PAYMENT(S) TO CONSIGNOR

Consignor agrees that WIDE Marine & Automotive shall require and receive full payment on the sale of the consigned property prior to any obligation of WIDE Marine & Automotive to remit payment to Consignor for the same. Upon receiving full payment for such sale, WIDE Marine & Automotive shall remit, in United States currency or a check drawn on a United States bank, the amount due to Consignor under this Agreement: For each item sold, no later than 3 days following the date of full payment for each item.

It is agreed that “full payment,” as used above, shall be construed to mean and include the day of the clearing of any monetary instrument by WIDE Marine & Automotive bank.

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

Consignor and WIDE Marine & Automotive agree that an amount of 85% of the selling price shall be due and payable to Consignor upon the sale of the property subject to this Agreement. WIDE Marine & Automotive shall provide a monthly written statement listing all sales made of the property subject to this Agreement including the dates of such sales, the total amount(s) received and the amount due to WIDE Marine & Automotive.

12. TERMINATION OF THIS CONSIGNMENT AGREEMENT

WIDE Marine & Automotive may terminate this Agreement at any time and for any reason by returning to Consignor all of the unsold property which is the subject of this Agreement. Consignor may terminate this Agreement at any time and for any reason, but such termination will not affect the agreement regarding items of property already sold. The expense of delivery to the Consignor of any unsold property shall be paid by the party terminating this Agreement. Prior notice of termination shall not be required of a terminating party.

13. OPERATION OF WIDE Marine & Automotive BUSINESS

WIDE Marine & Automotive shall have the exclusive right to determine the business operation and management of its premises. Consignor shall have no liability or responsibility for the operation and management of WIDE Marine & Automotive business, employees or agents and any torts or other causes of action resulting there from, and WIDE Marine & Automotive agrees to defend, indemnify and hold harmless Consignor for same.

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

In the event that consigned property is lost, stolen, destroyed, damaged, or unaccounted for due to any cause, known or unknown (hereinafter these terms referred to collectively as “lost”), while consigned to the WIDE Marine & Automotive: The property, or each item, so lost shall be considered as having been sold, and WIDE Marine & Automotive shall pay unto Consignor the amount agreed herein as if the lost property, or each item lost, had been sold, except that only 85% of said amount (rather than the full amount) shall be owed by WIDE Marine & Automotive to Consignor. Such amount shall be due 3 days following the lost of the property.

15. ADVERTISING

WIDE Marine & Automotive may not use Consignor’s name or other identifying information in the advertising, promotion and sale of the consigned property unless written permission is granted by Consignor.

16. ASSIGNMENT

This Agreement is not assignable and may not be modified other than by a written modification agreed to and signed by both parties.

17. CONSTRUCTION

This Agreement shall be construed and governed according to the laws of the State of California.

18. WAIVER

The parties agree that instances or patterns of waiver, forbearance, course of dealing or trade usage shall not affect the right of a party to demand performance of any term or condition of this Agreement.