A2C Auctions LLC, Online Consignment Auction – Seller Terms and Conditions
NOTICE: ALL SELLERS CONSIGNING ITEMS TO A2C AUCTIONS LLC AGREE THAT THEY HAVE READ AND HAVE FULL KNOWLEDGE OF THESE TERMS AND AGREE TO BE BOUND THEREBY.
Role of A2C Auctions LLC
A2C Auctions LLC acts solely as a marketplace facilitator, facilitating the sale of goods between sellers and buyers. A2C Auctions LLC does not take title to any equipment or goods consigned for auction. All payments and collections are processed on behalf of the seller and buyer, and A2C Auctions LLC acts as an agent only, with no liability for the acts of the seller or buyer.Seller’s Fee
A2C Auctions LLC will withhold a seller’s fee of 10% of the final hammer price for each lot sold at auction. This fee is deducted from the proceeds payable to the seller. The final hammer price does not include the buyer’s premium or any applicable taxes, which are the responsibility of the buyer.Obligation to Proceed with Sale
Sellers are legally obligated to proceed with the sale of any lot that receives bids meeting or exceeding the reserve price, if a reserve price has been set, or any valid bid if no reserve price is set, once the auction has concluded. Upon conclusion of the auction, the sale is considered binding, and the seller must transfer title and possession of the item to the winning bidder in accordance with the terms of the auction.Reserve Price Adjustments
Sellers may set a reserve price for their lot(s) prior to the start of the auction. Reserve prices may be adjusted downward at the seller’s request during the auction, subject to approval by A2C Auctions LLC. Reserve prices cannot be raised at any time after the auction has begun. Any downward adjustment to the reserve price shall not retroactively qualify any prior bids as winning bids. The adjusted reserve price shall apply solely to bids placed after the effective date and time of the adjustment.Cancellation by Seller
If a seller backs out of a binding sale after the auction has concluded and the lot has received bids meeting or exceeding the reserve price (or any valid bid if no reserve is set), the seller will be responsible for a cancellation fee of 24.5% of the final hammer price, payable to A2C Auctions LLC. Sellers may not cancel a lot within 48 hours of the auction end time. Any attempt to cancel within this period will result in the seller being responsible for the 24.5% cancellation fee. However, if the seller has not received payment from A2C Auctions LLC within three (3) weeks of the auction’s conclusion, the seller may back out of the sale without incurring any cancellation fee.Non-Exclusivity
Sellers are not bound by an exclusivity agreement with A2C Auctions LLC. Sellers are free to sell their items outside of A2C Auctions LLC’s auction services without incurring any fees to A2C Auctions LLC, provided such sales do not interfere with lots already consigned to an active auction. However, sellers may not withdraw or cancel a lot within 48 hours of the auction end time, as stated in Section 5.Seller Responsibilities
Sellers are responsible for providing accurate descriptions, photographs, and any relevant documentation for their lots, including but not limited to condition reports, titles, or certificates of authenticity. A2C Auctions LLC does not inspect or verify the condition, authenticity, or safety of consigned items and makes no warranties in connection therewith. Sellers must ensure that all items are free of liens, encumbrances, or other claims that would prevent the transfer of clear title to the buyer. Additionally, sellers are responsible for repairing, replacing, or refunding the purchase price of any equipment that is not in working condition or does not match the condition described in the listing, unless the item is explicitly described as "as-is" in the listing. Sellers shall also be responsible for any shipping costs and related fees incurred by the buyer for the return or replacement of such items.Payment to Sellers
Proceeds from the sale of a lot, less the 10% seller’s fee and any other applicable deductions (e.g., cancellation fees or additional services requested by the seller), will be remitted to the seller within three (3) weeks after the auction concludes and payment from the buyer has been received and cleared. A2C Auctions LLC will facilitate the collection of funds from the buyer on behalf of the seller but is not responsible for non-payment by the buyer. In such cases, A2C Auctions LLC’s sole liability shall be to return the lot to the seller or pursue remedies as outlined in the Buyer Terms and Conditions. If payment is not remitted to the seller within three (3) weeks, the seller may withdraw the lot without penalty, as outlined in Section 5.Indemnification
Sellers shall defend, indemnify, and hold harmless A2C Auctions LLC, including its affiliates, directors, officers, employees, agents, shareholders, co-branders, or partners, from and against any and all claims, losses, damages, liabilities, judgments, fees, and expenses arising from the condition, description, authenticity, or use of the items consigned, or from the seller’s failure to comply with these terms, including but not limited to any failure to deliver clear title to the buyer. This indemnification shall survive the conclusion of the auction and any subsequent transfer of the goods.Governing Law
These Seller Terms and Conditions shall be construed according to the laws of the State of Illinois. A2C Auctions LLC reserves the right to amend these terms at any time without notification at its sole discretion. It is the seller’s responsibility to review the terms for each auction.Force Majeure
A2C Auctions LLC shall not be deemed in default with respect to the performance of any of these terms if unable to fulfill its obligations due to causes beyond its control, including but not limited to: (a) strike or lockout; (b) civil commotion, war-like operation, invasion, rebellion, terrorist act, hostilities, military or usurped power, sabotage, or acts of government; (c) flu, epidemic, serious illness, plagues, disease, emergency, or outbreak; (d) widespread power failure or internet disruption; or (e) hurricane, tornado, flood, mudslide, fire, act of God, or any other cause beyond the control of A2C Auctions LLC.Software and Website Disclaimers
A2C Auctions LLC is not responsible for any losses incurred due to auction software or website malfunctions. A2C Auctions LLC will not be liable for any costs, compensation, or loss of earnings due to the unavailability or disruption of auction software functionality. Under no circumstances, including negligence, shall A2C Auctions LLC be liable for any direct, indirect, incidental, punitive, or consequential damages resulting from the use or inability to use A2C Auctions LLC auction software or websites. Sellers acknowledge that the internet is an unreliable, unsecured, and error-prone network, and A2C Auctions LLC does not guarantee continuous, uninterrupted, or secure access to online bidding services.