It is understood and agreed that:
1.Consignor warrants to Global Surplus Steel Inc. (GSS) and to the buyer that the Consignor is the legal and beneficial owner of the property listed on schedule A or is properly authorized to sell the property by the legal and beneficial owner and is able to transfer good and marketable title to the property free and clear of any liens, claims or encumbrances from any party and is not subject to the collection of any excise tax, Custom Duty or any other taxes or duties for any reason whatsoever. GSS acts an agent only.
2.The Consignor will indemnify and save harmless GSS against any threatened or actual legal suits, actions, costs or charges, whatsoever, in respect to any liens, charges or encumbrances or defects in title on or to the property.
3.A sales commission of 50% on the gross sale price of the property will be charged to the Consignor, deducted from gross proceeds and retained by GSS. Consignor is responsible for the accurate description of the goods. Consignor is responsible for the loading of the goods onto a truck.
4.Sales payments will be made to GSS by bank draft or approved credit before shipment of goods. GSS will not disperse funds until the buyer has received goods or 15 days from shipment. If goods are not as described in the Web Site, buyer must immediately notify GSS in writing of the discrepancy before the 15 day period expires. Consignor will then be responsible for all shipping and handling charges (to and from buyer) and will pay these charges to GSS before the return of any property.
5.A sales price will be places upon the property by the consignor. This amount will be established in writing (description of form) prior to the consignment of goods.
6.Changes to the amount of an already established sales price must be in writing by the consignor and approved by GSS. While GSS may accept verbal instructions, GSS will not be held responsible for errors should a price be entered into our records incorrectly.
7.Risk of action including rights of ownership of the property remains with the consignor at all times. Consignor is solely responsible for maintaining insurance coverage on the property at all times. All rights of subrogation by consignor or its insurer against GSS are hereby waived.
8.No property may be withdrawn from the sales process if there is an existing offer to buy the goods. Property may be withdrawn when there is no offer to buy and the withdrawal must be writing to GSS. If goods are withdrawn and there is an existing offer to buy, GSS will be entitled to the commission described in article number 3.
9.Transportation costs will be the responsibility of the Buyer.
10.Payment for goods will be approximately 25 business days after sales date.