How this works
To sell your item/s on unpaidstorages.com the consigner need to read and sign the consignor agreement below which is kept on file by Unpaid Storages.
The following constitutes the agreement between (“Agreement”): Domain Names Inc, a Wyoming Corporation (d/b/a Unpaid Storages “Unpaid Storages”) and (” Consignor”)
1 – An item or set of items provided by Consignor to Unpaid Storages (“Lots”) will be offered for public auction by Unpaid Storages through http://www.unpaidstorages.com with no minimum price (“Reserve Price”), unless previously agreed upon by Unpaid Storages. Unpaid Storages will determine and approve the starting bids for each Lot and will make the final decision on how Lots will be sold (individually or grouped together as well as which auction format fits best).
2 – Lots shall be emailed to: Unpaid Storages, http://www.unpaidstorages.com email address. Please be sure to include Consignor’s contact information as well as an itemized list of contents with each box of Lots. You will be using the forms supplied by Unpaid Storages to make the listing process simple and accurate and having a solid record of allot details.
3 – Consignor guarantees full and clear title to all lots and / or items listed here on Unpaid Storages for sale. Consignor represents and warrants that all Lots are authentic, and the sale of the Lots is not in violation of any law, rule, or regulation. No known counterfeits, fakes, clones, non-authentic, mis-represented or trademark infringement items can list here on this website for sale.
Consignor agrees to indemnify Unpaid Storages and hold it harmless from and against all claims, damages, costs and expenses (including attorneys’ fees) attributable, directly or indirectly, to the breach by Consignor of any obligation hereunder or the inaccuracy of any representation or warranty made by Consignor herein or in any instrument delivered pursuant hereto or in connection with the transactions contemplated hereby.
4 – Consignor shall and will complete and fill out in full to satisfy legal transfer documents and transfer documents when applicable for legal transfer (I.e. Vehicles). Should documents and transfer of legal ownership need to be processed and completed in the selling state facility this information must be conveyed to the paid high bidder and the consignor is responsible to the high paid bidder to receive full ownership documentation, so the buyer/high bidder can transfer legal ownership to them. The paid high bidder is responsible for any costs that may be needed to complete the legal transfer of ownership. This may include states where DMV may impose additional charges to complete legal transfer in that state. Overall, the buyer/high bidder should be aware of any legal ownership transfer requirements and costs of any selling facility and state before bidding on any vehicle. The selling facility is only required to do the minimum efforts to transfer legal ownership to any buying high bidder.
Regarding any other items (I.e. Household Goods and alike) where no legal documentation needs to be completed for ownership transfer the seller to the best of their knowledge acknowledges validity of the item sold with no ownership transfer issues (I.e. Elephant Ivory has legal restrictions on sale/s).
5 – Unpaid Storages will use all reasonable efforts to advise the Lots available at any listing auction by any listing facility clear and concise with little to no confusion. Unpaid Storages recommends that all buyers and bidders understand the time limits to pay and take possession of any winning bids from any selling facility. Understanding and adhering to the seller’s facility requirements is the buyers/bidders responsibility
6 – All Lots will be available for exclusive offering and sale for the auction’s duration and will be sold to the high bidder, unless a Reserve Price if applicable was not met. During the auction period the items listed here cannot be listed for sale elsewhere. The consignor understands that if there is interest in the purchase of the item/s while the listed for sale on Unpaid Storages thru store visit, email or phone call that the consignor directs the potential buyer to the website unpaidstorages.com so should the potential buyer can bid on the item of interest.
7 – All reserve price requirements shall be pre-approved by Unpaid Storages prior to Lots being sent. Currently 2018 Unpaid Storages does not have reserve auctions as it is felt that reserve auctions limit the seller and the buyer to receiving maximum value. However, if a Consignor must have a minimum amount on any consigned and listed item Unpaid Storages will comply with a starting minimum bid amount at the consignors choice which is easily stated on the forms of the listing documents of the lots that are filled out by the selling facility on each and every item/s on each auction date. This includes but is not limited to requests regarding adjustments to reserves, titles, descriptions, photos, auction end date and/or auction type (such as daily and weekly). Unpaid Storages will not be held financially responsible for missing reserves or any starting amounts.
8 – Unpaid Storages shall receive from Consignor no commissions of any kind established by the last bidder amount and acknowledged by Unpaid Storages to be the winning bid (“Hammer Price”) on all Lots sold, with no minimum commission of any kind per Lot.
9 – The Hammer Price will reflect no commissions due from the seller with understanding Unpaid Storages does charge and expect a commission from the buyer as outlined. Unpaid Storages will not restrict the buyer from following thru with any purchase of any lot from the selling facility. However, Unpaid Storages will advise the selling facility that the high bidder and buyer has not paid the bidding fee to Unpaid Storages and may request the selling facility to collect that amount on Unpaid Storages behalf. This is not a mandatory effort by any selling facility. It would be a very rare occurrence and more than likely the high bidder / buyer could be banned from bidding and buying any future items listed on http://www.unpaidstorages.com should any/all fees due not be paid by the high bidder/buyer.
10 – Unpaid Storages has no obligation to collect the sales amount of any proceeds to the Consignor / Selling Facility. All Amounts including taxes and fees and the high bid amount of the winning bids are and is collected by the selling facility within their terms, conditions, federal and state legal restrictions, guidelines and within pick up times. All these restrictions are clearly outlined by all selling facilities. It is fully the responsibility of the buyer to understand and agree to any of these terms, conditions and restrictions of any selling facility before bidding. The buyer understands that they are required to pay in full all Amounts including taxes and fees and the high bid amount of the winning bids directly to the selling facility within their terms and conditions. It is also the responsibility of the selling facility to adhere to any expressed or documented terms and conditions as well.
11 – In the unlikely event that the winning bidder does not honor payment obligations it is understood that Unpaid Storages will either re-auction the Lot in the next possible auction or cancel the lot to the Consignor, in Unpaid Storages’ sole discretion. Unpaid Storages needs to be notified by the consignor in a timely manner when any consignor and selling facility shall remove any lot available after a no sale. If not typically the item/s will be automatically relisted.
12 – Shipping, payment and or pick up in a timely manner by the high bidder / buyer as outlined by the consignor and must be adhered to with responsibility for all shipping costs to the buyer. The buyer must adhere to the terms and conditions of the selling facility. This may include financial penalties / late fees and storage fees by the seller.
13 – Lots may not be withdrawn from the auction without the consent of Unpaid Storages. Unpaid Storages may accommodate a request to pull an auction Lot under certain circumstances. Any pulled Lot will be subject to a fee at Unpaid Storages Discretion. If Unpaid Storages feels that this is because the selling facility has their listed item/s elsewhere and not following the mandatory EXCLUSIVE SALE of the listed items a fee will be charged. Typically, $100, however there are solid reasons why a lot may be removed and under these circumstances at Unpaid Storages Full discretion shall approve the removal and waive the cancellation fee. The logic is simple, if buyers are bidding on any items and then they disappear from the listed auction it discourages bidding and creates a distrust of buyers on the inventory found here on Unpaid Storages. Unpaid Storages is not seeking any removal fee sanction; however, this kind of practice is discouraged and ultimately may include the cancellation of the selling facility being able to sell on Unpaid Storages.
14 – Unpaid Storages has the authority to make the decision on when a Lot is eligible for cancellation at Unpaid Storages sole discretion.
15 – In cases of abandoned items, e.g. consignment item/s Unpaid Storages due to incorrect contact information or failure to pay at the selling facility or did pay the selling facility but the item was not picked up within the stated time Unpaid Storages holds no consignors responsible for their own business terms and practices. “No Sales,” “Paid with No Pick Up,” and “ Not Paid with no Pick Up” although is rare but does happen and the Consignor understands to relist is an option should they deem appropriate. The Buyer / Winning Bidder in this example will more than likely banned on the request of the Selling Facility or will be banned by Unpaid Storages Upon realizing of this event.
16 – Any disputes, controversies or claims arising out of or relating to this Agreement, the auction of a Lot, or the breach thereof which cannot be settled between Consignor, bidder and/or Unpaid Storages shall be decided by a single independent arbitrator. Such single independent arbitrator shall be jointly chosen by the Consignor and/or Unpaid Storages. The parties shall name the arbitrator within thirty (30) days after one or the other has given notice to the other requesting arbitration. If bidder and the Company are unable to agree upon a single independent arbitrator, any such arbitration are organized and selected by bidder and or consigner and all fees, costs and charges are their full responsibility. Unpaid Storages will not pay any of these fees. All efforts such as these are to be arbitrated in Evanston, Wyoming. The Consignor agrees to reimburse Unpaid Storages for all attorneys’ fees and costs associated with defending any claim or action pertaining to this Agreement even if the outcome is in the favor of the consignor. Unpaid Storages is a listing company and only places items available for sale as outlined by the consignor and represents the information as it is given to Unpaid Storages. Understand that the Item/s are listed all over the country and Unpaid Storages does not have the ability to view and inspect the Item/s listed for sale here. Unpaid Storages must rely on the credibility of entities to give honest and accurate representation of the lots listed.
17 – In the event suit is brought (or arbitration instituted) or an attorney is retained by any party to this Agreement to enforce the terms of this Agreement or to collect any money due hereunder, or to collect money damages for breach hereof, the consignor and / or bidder shall be entitled to no recovery and/ or any other remedy, reimbursement for reasonable attorneys’ fees, court costs, costs of investigation and other related expenses incurred in connection therewith.
18 – Any notice to any party under this Agreement shall be in writing and shall be effective on the earlier of (i) the date when received by such party, or (ii) the date which is three (3) days after mailing (postage prepaid) by certified or registered mail, return receipt requested, to the address of such party set forth herein, or to such other address as shall have previously been specified in writing by such party to all parties hereto
19 – Time is of the essence of this Agreement and each provision hereof. Any extension of time granted for the performance of any duty under this Agreement shall not be considered an extension of time for the performance of any other duty under this Agreement.
20 – This Agreement shall be deemed to be made under and shall be construed in accordance with and shall be governed by the laws of the State of Wyoming and (subject to any provision in this Agreement providing for mandatory arbitration) suit to enforce any provision of this
Agreement or to obtain any remedy with respect hereto may be brought in Superior Court, Wyoming, and for this purpose each party hereby expressly and irrevocably consents to the jurisdiction of said court.
21 – The language in all parts of this Agreement shall in all cases be construed according to its fair meaning and not strictly for nor against any party. The neuter gender includes the masculine and feminine. It is mutually agreed that in the event any term, covenant or condition herein contained is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant or condition shall in no way affect any other term, covenant or condition herein contained.
22 – If any provision of this Agreement is declared void or unenforceable, such provision shall be deemed severed from this Agreement; and the remaining portions of the Agreement shall remain in full force and effect.
23 – Each party hereto agrees to do all such things and take all such actions and to make, execute and deliver such other documents and instruments as shall be reasonably requested to carry out the provisions, intent and purpose of this Agreement.
24 – Consignor represents and warrants to the Company that this Agreement has been duly authorized by all necessary action and that this Agreement constitutes and will constitute a binding obligation of Consignor.
25 – This Agreement represents the entire agreement of the parties with respect to the subject matter hereof, and all agreements entered into prior hereto are revoked and superseded by this Agreement, and no representations, warranties, inducements or oral agreements have
been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements. This Agreement may not be changed, modified or rescinded except in writing signed by all parties hereto, and any attempt at oral modifications of this Agreement shall be void and of no effect.
26 – Captions and paragraph headings used herein are for convenience only and are not a part of this Agreement and shall not be deemed to limit or alter any provisions hereof and shall not be deemed relevant in construing this Agreement.
28 -This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.
29 -This Agreement shall be binding upon and insure to the benefit of the parties hereto and their respective successors in interest and assigns, but in no event, shall any party be relieved of its obligations hereunder without the express written consent of each other party.