Dock of the Bay

    LISTING AGREEMENT

    TERMS AND CONDTIONS

    Services: Dock of the Bay. will: a) receive and store goods you have described b) list, offer and sell good on eBay or other discussed medium c) collect the sale price, plus shipping, as stated, from the buyer d) deduct all appropriate fees and send you a check.

    Rights: By accepting this Agreement, owner (You) confirms that they are at least 18 years of age, are the legal owner of the item(s) and have the right to sell them.

    Binding Bids: Dock of the Bay is obligated to complete the transaction with a successful purchase unless there is an exceptional circumstance, such as a) the buyer fails to pay for the item b) buyer cancels the sale c) buyers’ identity cannot be confirmed.

    Unsold Goods: Should the item(s) fail to sell after an agreed upon time owner must do one of the following a) authorize a lower priced relisting b) pick item(s) up c) authorize donation to charity..

    Payment to Seller: As consideration for the services provided, owner agrees to pay Dock of the Bay full commission of 45% of sale price (which includes ALL fees), unless other agreements have been made, and forward the balance to the owner at the mailing address provided.

    Bailment Relationship: The relationship between Dock of the Bay and the Owner is that of bailor and bailee in which the bailee (owner) deposits their personal property (items) with the bailor (Dock of the Bay) for the purpose of listing and selling items to a third party through eBay. Nothing contained herein will be construed as creating any agency, partnership or other form of joint enterprise between the parties.

    Indemnity: Owner agrees to indemnity and hold Dock of the Bay , affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due, connected to or arising out of any owners breach of this agreement or owners violation of any law or the rights of any third party.

    Waiver of Consequential Damages: in NO event will Dock of the Bay be liable to owner for any incidental consequential, exemplary, indirect, special or punitive damages arising out of the agreement or its termination, regardless of the form of action (including negligence and strict product liability) and irrespective of whether Dock of the Bay has been advised of the possibility of any such loss or damage.

    Release: Owner releases Dock of the Bay and eBay from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, resulting from or in any way connected with this service.

    Term: The term of this Agreement will commence upon completing this form and the date as the ‘effective date’ and unless terminated earlier in accordance with the terms of this agreement, will continue until all items have been sold , returned to owner or disposed of in accordance with section 4 of this agreement. This agreement can be terminated by Dock of the Bay without notice for any reason or for no reason at any time.