Seller / Consignee (Company Name Appear On Payment Check):

______________________________________

Representative: _______________________________________________ 

Address:_____________________________________________________ 

City, State, Zip:________________________________________________ 

Phone:__________________________Fax:_________________________ 

Cell:____________________________Alt Phone:____________________

Email:_______________________________________________________ 

Auction Date:_________________________________________________ 

 Auctioneer Agrees To: 

1.      Arrange & advertise at Seller Expanse according to His/Her Budget and conduct a Public Auction without Reserve at the site and on the date indicated above for the Seller.

2.      Pay upfront costs and expenses of advertising, auctioneering, clerking, cashiering, labor setup, security and any other expenses incurred with the auction. Includes:

#1) One (1) Ring Man at $300.00

#2) One (1) Cashier $150.00

#3) One (1) Clerk $150.00    

3.      Conduct the Auction to the best of his/her ability. However, the Auctioneer does not guarantee a sale and the Auctioneer is not responsible in the event seller and/or any buyer at the auction sale fails to pay as agreed concerning any property/equipment to be auctioned, or in the event  of non-delivery of property/equipment by seller to any such buyer.

4.      Use the best efforts to obtain the best possible price of said property or equipment or any such related item and to do everything necessary to affect such sale. All items will be auctioned to the highest bidder to the highest and last bid made and taken. It is understood and agreed that the Auctioneer, by this agreement, assumes no liability for the loss by fire, theft, destruction or damage to the property/equipment to be sold or the premises where the sale is to be conducted or for any losses or deficiencies caused by insufficient funds on any payments received for payment of any property/equipment sold. 

5.      Will pay at the end of the auction, or mail or deliver a check for the total proceeds of Auction Sale Collected less the Seller Premium and any other expenses approved below, upon release of all tax collectors, creditors or lien holders. 

Seller Represents, Warrants, Authorizes and Agrees To: 

1.      ___________________________________ is/are the legal owner(s) of all property/equipment mentioned in this agreement with full right and authority to sell the property/equipment.

3.      The real and/or personal property/equipment is free from any and all liens, adverse claims, encumbrances, concealed physical defects and any environmental problems as defined by Federal or State Law, except as listed in an addendum to this agreement. Auctioneer may deduct from sale proceeds amounts necessary to release liens, claims or other encumbrances on or against the property/equipment. If proceeds are insufficient to obtain releases, Seller will immediately pay the additional amount necessary. (If any are found or known, an attached sheet will list a complete and accurate list of all parties having any claim or lien on or against the property/equipment.)

5.      It is understood and agreed that NONE of the property/equipment herein listed or shown, taken pictures of, shall be withdrawn from this agreement except by the written consent of the Auctioneer.

6.      To pay the Auctioneer for its services in conducting said auction sale a fee (Seller’s Premium) of ___% of the highest and last bid, made and taken on said property/equipment.

7.      To pay the following auction expenses to the Auctioneer:

a.   Advertising Newspapers as per Budget Set _______________     

b.      Website & Other Internet Ads_______________

c.      Mailings Flyers_______________

d.      Auction Setup Labor_______________                      

e.      Auction Day Labor _______________

f.        Miscellaneous Expenses If any _______________ 

All Pick up and delivery’s will be arranged by buyers with in 24 Hr. 

8.      That above fees and Seller Premium will be paid to Auctioneer and will be paid out of first proceeds received from the Auction Sales. If for any reason the auction is cancelled these expenses or actual expenses incurred must be paid by the Seller to the Auctioneer 24 hours after original auction date.

9.      That the Auctioneer will collect a 15% Buyer’s Premium on all property/equipment sold for each buyer/bidder. 

10. That the Auctioneer is acting as an Agent ONLY and Seller will hold harmless said Auctioneer, its officers, directors and employees, for any injuries or damage arising from any activities associated with the Auction. Further, Seller agrees to indemnify Auctioneer form any claims brought by third parties against Auctioneer arising from or out of the Auction, which are in any way attributable to any acts or omissions on the part of the Seller.  In the event that the terms of this auction require an earnest money deposit and the purchaser at the auction then defaults, the earnest money deposit may be divided equally between the seller (as damages) and the Auctioneer (as fees/expenses). In no event shall the Auctioneer receive more than the fee and expenses shown above. The Auctioneer shall also receive accrued interest on any escrowed funds. This Agreement is Binding upon the parties hereto and their heirs, successors and assigns. The parties herein acknowledge and agree that this Auction Agreement and all transactions contemplated by this Auction agreement shall be governed by, construed and enforced in accordance with the Laws of the State of Florida without regard of principles or conflicts of laws. In the event the Auctioneer is required to take any action to enforce the terms of this Auction Agreement, the prevailing parties shall be entitled to recover al of their reasonable attorney’s fees and costs. Reasonable attorney’s fees shall include those fees incurred (a) before during and after litigation, including those incurred in attempting collection without litigation; (b) in the litigation at all trial and appellate levels; (c) in any bankruptcy proceedings; and (d) in any post-judgment proceedings. 

WE HAVE READ THE ENTIRE CONTENTS OF THIS AGREEMENT, UNDERSTANDING FULLY THE CONTENTS THEREOF AND ACKNOWLEDGE RECEIPT OF A COPY OF THE SAME. WE ARE NOT RELYING UPON VERBAL STATEMENTS CONTAINEED HEREIN OR THEREOF. 

SELLER Or REPRESENTATIVE Print Name: _____________________________

                                                             Signature:  _____________________________

                                                                     Date:  _____________________________

Auctioneer/St Auction Inc Rep. Print Name:   _____________________________

                                                             Signature:  _____________________________