Sellers Terms and Conditions

This Consignment Contract and Listing Agreement (“Agreement”) is made effective this day once you agree and click the SUBMIT button by and between you the (“Seller”) and BIDAMI.COM LLC (“BIDAMI”)

Sending Your Collectibles to BIDAMI – Memorabilia.Expert?

BIDAMI
6490 W. Desert Inn Rd.
Las Vegas NV 89146

The commission schedule is as follows:

Authorized Dealers -Vendors fees will be set at 15% for all lots listed.
– For any Lot that BIDAMI handles and that sells for $250 Less 30% commission.
– For any Lot that BIDAMI handles and that sells for $251-$1,000 or less there is a twenty percent (20%) commission.
– For any Lot that BIDAMI handles and that sells between $1,001.00 and $99,999.99 there is a fifteen percent (15%) commission.
– For any Lot that BIDAMI handles and that sells for $100,000.00 or more there is a ten percent (10%) commission.

1. Reserve Auction.

“Reserve Auction” means an auction in which the seller or an agent of the seller, reserves:

1. The right to establish a stated minimum bid;
2. the right to reject or accept any and all bids; or
3. the right to withdraw the property after the completion of the auction by BIDAMI only if the item does not meet the reserve.

2. Type of Auction.

Property will be sold at:
A. Reserve Auction – (X)

3. BIDAMI’s Authority and Exclusivity.

Seller hereby retains BIDAMI to sell at auction or through forums devoted to sales of memorabilia on the Internet (“Auction”) the property designated herein by the Seller. Seller has employed BIDAMI, and in consideration of efforts to sell the property described, gives BIDAMI the sole and exclusive right to offer for sale, and to sell, for and on account of Seller, the property that has been listed on-line, in the user profile or if BIDAMI is handling the listings per seller, to the terms and and conditions set forth in this Agreement. Such exclusive right shall continue for the duration of seller listing any items with BIDAMI and these terms will not terminate and be applied to all lots listed and uploaded by Seller on-line.

Once the memorabilia is listed we ask the lots run for four consecutive auctions or Store status, unless otherwise agreed to by both parties via written/emailed consent. If an item is pulled down prior to an auction close, BIDAMI reserves the right to charge any applicable fee in accordance of the sale of the listing. BIDAMI shall be entitled to its commission as provided herein whether the lots are sold at by on-line auction or by other sales during the term of this Agreement.

4. Description of Property.

Seller agrees to list items on the www.BIDAMI.com website the goods (hereinafter referred to as “Lots”) listed on -line” and are listed in your on-line profile incorporated herein, or have been sent to BIDAMI and listed into Seller’s account. Seller is obligated to check and confirm all Lots are listed in Seller’s account. Seller shall establish any and all reserve amounts for the Lots listed on-line by noting the reserve price for each Lot in the reserve box. The reserve price may be the minimum bid on the Lot which BIDAMI will ultimately set. Seller hereby authorizes BIDAMI to bid on the Lots up to the amount of the reserve. Each Lot will be sold “AS IS,” “WHERE IS,” and “WITH ALL FAULTS,” unless Seller instructs BIDAMI otherwise. Seller agrees to sell the Lots in accordance with the terms of this Agreement.

5. Agency Relationship.

Seller acknowledges and understands that BIDBid is merely an agent and/or a service-Bidding Platform of the Seller and is not taking title or ownership of the Lots. Seller shall in all respects cooperate with BIDAMI’s discharge of his or her duties under this Agreement and as required by applicable law. Furthermore, BIDAMI is not engaging in a joint business venture, employment relationship, or partnership with the Seller. BIDAMI is acting as an independent contractor free of supervision and control from the Seller.

6. Conduct of the Auction.

BIDAMI agrees to use at least the minimum level of professional skill, knowledge, and experience generally required of auctioneers and consignment sellers in the State of Nevada to prepare for and conduct the Auction of the Lots. The Lots may be sold in one or more Auction during the term of this Agreement.

7. Terms and Conditions of Sale.

BIDAMI shall determine and establish all terms, conditions, and procedures for bidding within its sole discretion. The BIDAMI is hereby authorized by Seller to solicit and accept absentee, phone, and Internet bids.

8. Memorandum of Sale.

BIDAMI is authorized to sign any memorandum of sale on behalf of and in the name of Seller, or in BIDAMI’s own name, in connection with the sale of Seller’s property.

9. BIDAMI’s Commission.

Seller agrees that BIDAMI may deduct a professional fee, at the rates set forth below, as compensation for BIDAMI’s services to be provided under this Agreement. This fee shall be deducted from the gross proceeds realized from the sale of the Lots. Gross proceeds are defined as the high bid for all of the Lots sold and exclude any Buyer’s Premium or Sales Tax.
Seller agrees that BIDAMI’s commission will be paid first from the proceeds received by BIDAMI from the buyers.

10. Advertising Costs/Expenses.

BIDAMI is authorized to place advertisements in such media as BIDAMI selects, and provide necessary support, promotional assistance, supplies and materials as the BIDAMI deems necessary to obtain the highest available bid for the property. BIDAMI may deduct all expenses incurred related to selling your Lots. Seller shall reimburse BIDAMI to the extent that BIDAMI expends any amounts in discharge of BIDAMI’s duties under or pursuant to that authority conferred on BIDAMI by this Agreement. In the event such reimbursement is necessary, it shall be deducted from any proceeds, charged to the Credit Card on file, paid in cash, cashier’s check, or certified check to BIDAMI by Seller within fifteen (15) days after the Auction if the item did not sell. If seller has proceeds from an auction these expenses will be deducted from those proceeds.

11. Accepting Payment.

The BIDAMI is authorized to accept payments for each Lot sold in the form of cash, checks, money order, and all major credit cards. All auction proceeds shall be paid directly to BIDAMI into a designated account and BIDAMI shall be responsible for the receipt of all funds. BIDAMI agrees to pay Seller the net proceeds (gross proceeds less BIDAMI’s professional fee and expenses) from the sale of the Lots no more tha 30 days after the sale. This process may take longer with some sales. Upon clearance of the funds, and confirmation of merchandise recieved by Buyer, funds shall be released to Seller. Payments may be made to seller for items sold in any auction for the duration of the contract and some items may not be paid in full but rather will come in partial payments. In addition, BIDAMI shall provide to seller a settlement statement that can be viewed on-line.

12. Collecting Payments.

The resulting contract for the sale of each Lot is between the successful bidder and the Seller. BIDAMI shall not be responsible for collection of the purchase price in the event the buyer breaches the contract, refuses to pay, or the buyer’s payment is subsequently dishonored for any reason. In these instances, the Seller shall be responsible for collecting and pursuing the claim against the bidder/buyer upon the discretion of BIDAMI.

13. Returns.

Although BIDAMI has an “ALL SALES FINAL” policy, we will allow BIDAMI’s customers to return Lots they purchase from BIDAMI under special circumstances. The buyer pays any charge to return any Lot.  Seller is bound to issue refund to buyer.  Refunds will be deducted from any proceeds from the seller.  If no proceeds are available from the seller then BidAMI will demand payment on behalf of the Buyer.  Refunds will be returned within 30 days of the return date.  Returns will be accepted up until the date of the terms and conditions of the payment processor or BidAMI, who initially processed the payment. These terms may vary.

14. Priority.

Seller agrees that BIDAMI’s professional fee shall be paid first from the gross proceeds realized from the sale of Lots, before the payment and satisfaction of any liens or encumbrances as noted below.

15. Title to the Property.

Seller represents and warrants to BIDAMI that it is the lawful owner of each Lot, as designated in your account inventory, and that he or she has good and marketable title thereto free and clear of all liens and encumbrances. If at anytime a lawsuit arises in regards to ownership, discrepancy of ownership, or ability to sell any part of the merchandise, Seller agrees to pay any and all legal fees for BidBidAmi.com. BIDAMI must be released from any legal liabilily upon any complaint initiated. Any property that is found out to be stolen will be the sole responsibility of the seller. If there are any exceptions to this representation, it must be noted via email.

16. Claims and Disputes.

Seller represents and warrants that, to the best of Seller’s knowledge, there are no lawsuits, proceedings, claims, or governmental investigations pending or threatened against Seller that relate to any of the Lots.

17. Seller’s Responsibilities.

Seller shall help us to create a description for each Lot. Seller shall be responsible for retaining a copy of this description for Seller’s records. If a buyer returns any Lot that he or she purchased because it was discovered or authenticated as fake, Seller is responsible for all costs incurred by BIDAMI as a result of the transaction.

Authorized Dealer Responsibilities (AD):

An Authorized Dealer is a seller who has been authorized to utilize the BIDAMI.com platform to sell lots through his own account.
1. AD Seller must become authorized by submission of background checks, references, years in business, authentication process of company, verifiable phone numbers, and addresses.
2. The AD Seller writes, photographs, and manages each lot through the My Manager Console through the BIDAMI.com website.
3. AD Seller descriptions must be true, factual and accurate.
4. AD Seller will be responsible for shipping each lot to the buyer upon BIDAMI or AD securing funds. BIDAMI or the AD Seller will secure these funds immediately. Items are expected to ship immediately upon the sale. FEES will be assessed and shipping will be refunded if items do not get to buyer within 3 days of securing of funds. AD Seller permission/status can be revoked at any time for late shipments. THERE ARE NO EXCEPTIONS.
5. AD Seller must keep his shipping queue up to date by maintaining the item status field. An email of delivery must go out to every buyer.
6. A signature is required for every delivery.
7. AD Seller must keep confidential all buyer information.
8. Each item must have the accepted authentication  See list of authentication.  BidAMI will not be liable in any way for the authentication of any item that is sold.  BidAMI is selling the items with the described authentication on each lot.
9. We do not accept any A6 or lower graded game-used/worn equipment or jerseys.
10. When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
11. AD Seller assumes all responsibility for items sent to buyer. Seller must have appropriate proof of delivery of the item in order for the buyer to be responsible for item not arriving. It is up to the seller to bear the burden of proof.
12. AD Seller privileges can be revoked at any time by BIDAMI for any reason that BIDAMI seems appropriate.

18. BIDAMI’s Professional Fee

BIDAMI’s Professional Fee is agreed to be per sold lot. Seller agrees to pay BIDAMI a commission percentage on Lots listed in account profile.
The commission schedule is as follows:

Authorized Dealers -Vendors fees will be set at 15% for all lots listed.
– For any Lot that BIDAMI handles and that sells for $250 Less 30% commission.
– For any Lot that BIDAMI handles and that sells for $251-$1,000 or less there is a twenty percent (20%) commission.
– For any Lot that BIDAMI handles and that sells between $1,001.00 and $99,999.99 there is a fifteen percent (15%) commission.
– For any Lot that BIDAMI handles and that sells for $100,000.00 or more there is a ten percent (10%) commission.

 

19. Delivery.

Seller shall deliver or list the Lots on-line to BIDAMI no later than the stated deadline prior to the next calendar auction. Seller assumes all risk for shipment and delivery of any and all Lots. BIDAMI will not assume all risk for loss of Lots in BIDAMI’s possession after delivery and acceptance. Seller will insure each Lot against all right in the amount of its fair market value. BIDAMI is not responsible for damaged frames or glass that has been broken due to shipping to or from our location. The Seller will be responsible for any glass that has to be replaced.

Seller Authorizes BIDAMI to obtain any LOTS that were listed with, contracted with, or in the possession of any other THIRD PARTY Auction Company or Auction platform and these LOTS are to be released to the care of BIDAMI for the use of sale, auction or promotion. BIDAMI will handle the delivery of these items into their possession.

20. Authentication.

A possible $16-$100 fee will be applied to every item that needs to be authenticated only if the item does not sell. Only the one-time $16 fee will be applied to the item if an item is re-listed into auction and does not sell after 90 days. An item may be re-listed as many times as seller so chooses, but will only see the one-time $16 fee. If the item passes authentication, then this COA will be sent with the item to the buyer. Any Lot BIDAMI feels either is questionable or not acceptable, at its own discretion, will be returned to Seller or the listing will be taken down at Seller’s sole expense. BIDAMI will deduct the fees from consignment payments or must get payment prior to send back the merchandise and/or BIDAMI can send the Lots back COD, insured.

21. Fees or Commissions.

Seller further agrees that BIDAMI is not obligated to pay any fee or commission to any broker, finder, or other intermediary in connection with the Lots.

22. Indemnification.

Seller agrees to indemnify and hold BIDAMI and its agents, officers, directors, representatives, affiliates, and employees harmless from any and all liabilities or damages (including reasonable attorney fees) arising out of the breach of this Agreement by Seller.

23. No Assumption of Liability; Indemnity.

Seller acknowledges and agrees that BIDAMI is merely an agent or service provider of Seller, and except as expressly agreed to herein, BIDAMI does not assume and shall have no liability whatsoever to the Seller or any buyer of any Lot. BIDAMI shall not be responsible in the event Seller or any buyer fails to abide by any agreement concerning the sale of any Lot. Seller agrees to indemnify and hold BIDAMI harmless from and against any and all claims, actions, damages, losses, liabilities or expenses (including reasonable attorney fees) incurred by BIDAMI relating to the breach or alleged breach of any of Seller’s obligations, representations, or warranties hereunder or relating to the Lots or the condition thereof.

24. Unsold Property.

Seller understands and agrees that BIDAMI makes no warranty that the Lots will be sold. BIDAMI will attempt to sell all Lots outright, but will usually re-list unsold Lots for future sale or utilize various marketplaces.  Outside marketplaces will assess their own fees which will be deducted from sale price.   BIDAMI will return any unsold merchandise, if any, upon the request of the Seller. The Seller shall be responsible for any and all costs related to the return of the Lot.

25. Insurance.

Seller shall maintain adequate casualty and liability insurance on the Lots scheduled for sale until each Lot is sold.

26. Buyer’s Premium:

It is understood and agreed that the BIDAMI is authorized to charge a buyer’s premium to the successful bidder in the amount of twenty percent (20%). It is acknowledged and understood that the buyer’s premium is paid to the BIDAMI for the BIDAMI’s sole benefit. BIDAMI is also authorized to charge shipping, handling, and tax (for residents from the State of Nevada). It will collect shipping fees on behalf of the AD Seller and then forward the shipping fees to Seller. A portion of the shipping fees may be retained by BIDAMI upon their discretion for handling puposes.   Buyers Premium will be included in Sale items and will be deducted

27. Bulk Sale Compliance:

Seller and BIDAMI agree that if the sale contemplated hereunder is a “bulk sale,” as that term is defined under applicable law, the Seller and BIDAMI shall comply with all statutory requirements for such sales. Seller agrees to indemnify BIDAMI against any and all liability arising due to Seller’s failure to adequately assist and advise BIDAMI in complying with all notices and other requirements of a bulk sale by auction under any applicable law.

28. No Waiver.

The failure of either party to this Agreement to insist on the performance of any of the terms of this Agreement, or the waiver of any breach of any of the terms of this Agreement, shall not be construed as thereafter waiving any such terms or conditions, but the terms and conditions shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. Additional Terms of Sale. The following additional terms, if any, also apply to the Auction.

29. Severability.

If any provision of this Agreement is declared or determined to be null, void, inoperative, illegal or invalid for any reason, the validity of the remaining parts, terms or provisions will not be affected thereby and they will retain their full force and effect, and said null, void, inoperative, illegal or invalid part, term or provision will not be deemed to be part of this Agreement.

30. Interpretation.

Each party to this Agreement acknowledges that it has read, or has had the opportunity to read, the terms provided herein. The parties agree that this Agreement reflects the terms as agreed to by the parties hereto. In the event a term or terms is considered ambiguous, neither party hereto, nor their respective counsel, will be considered the draftsperson of this agreement for the purpose of causing the terms of this Agreement to be construed against a party hereto.

31. Governing Law.

The parties hereto acknowledge and agree that this Agreement is made and entered into in the State of Nevada, and will in all respects be interpreted, enforced and governed under the internal laws (and not the conflicts of laws) of the State of Nevada. In the event that the parties hereto, or any one of them, litigate any actual or potential breach of this Agreement, the parties hereto stipulate and agree that the exclusive and continuing venue for any such action will be in Clark County, State of Nevada, or the United States District Court, located in the State of Nevada.

32. Rights not Transferable.

All rights granted herein are personal and exclusive to the Seller, and may not be assigned or transferred to another person or entity, by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be void and unenforceable. No third party may rely on any benefit or right conferred herein or granted to any Seller.

33. Headings.

All headings are for reference purposes only. Such headings shall not be considered part of the Agreement for the purpose of interpreting its provisions

34. Entire Agreement.

This Agreement constitutes the entire agreement between Seller and BIDAMI and supersedes any prior or contemporaneous understanding or agreement with respect to the transactions contemplated by this agreement. It may be amended only by another written agreement signed by Seller and BIDAMI. The Agreement binds the parties’ heirs, administrators, executors, assigns, and successors for this and future auctions.

We may amend this Listing Consignment Agreement at any time by posting the amended terms on www.BIDAMI.com. Our right to amend the Agreement includes the right to modify, add to, or remove terms in the Agreement. All amended terms shall automatically be effective immediately after they are initially posted.

Watch ME! for Auction Close Warnings. Get Your Bids In. .. Auction Slowing!!