1. The items that I have listed on this document are my property and are free and clear of debts and liens.
2. Property determined to be stolen will not be returned to me and will be turned over to the proper authorities, no refund of any fees will be made.
3. Holland Computers, Inc. is selling my merchandise on a consignment basis. Consignment means that I do not receive any money until my merchandise has been sold.
4. All items must weigh less than 150 lbs. and must not exceed 130" combined length, height, and depth. The estimated value of the item must be $20.00 or more. (This is by our estimation.) All items must meet "sellable criteria" as listed by eBay. Holland Computers will retain all shipping and handling fees paid by the buyer.
5. 30% of the ending auction value, or $7, whichever is greater is paid to Holland Computers, Inc. Typically you will receive a check within 30 days of your listing date. This allows for the listing to end, the buyer to pay and to ensure that the buyer does not return the item. If an item is relisted, the clock starts over.
6. Items that do not include a reserve price will sell to the highest bidder. Items that include a reserve price will only sell if the reserve price has been met. If the reserve price is not met, I agree to pay Holland Computers, Inc. $7 per item.
7. If the item does not sell after two selling periods, I agree to pay Holland Computers, Inc. $7 per item. Items failing to sell after two selling periods will not be eligible for relisting.
8. Holland Computers, Inc. reserves the right to refuse to list my merchandise on eBay. If my merchandise is rejected, it will not be returned to me unless accompanied by sufficient packaging and postage to be returned, or if I make arrangements to pick up the merchandise in person.
9. If my merchandise is listed on eBay, I have the right to request the removal of my merchandise from eBay at any time. After receiving a written request, Holland Computers, Inc. will be required to return my merchandise within 30 days after I pay $7 per item and any shipping and handling fees necessary to return my merchandise.
10. I agree to pick up or pay for return shipping for items within 15 days of written or verbal notification that I need to make arrangements to take possession of my items, or I forfeit the items to Holland Computers, Inc. to do with as they see fit.
11. LIMITATION OF LIABILITY: Buyer agrees that Seller shall not, under any circumstances, be liable to Buyer or any other party for any damages whatsoever, including, without limitation, consequential, incidental, special or exemplary damages, damages for lost business profits, business interruption, loss of information, damage from computer viruses, or other pecuniary loss arising out of the use of or inability to use the computer and/or software. Prior notice to Seller of the possibility of such damages shall have no effect upon this limitation of liability, to which Buyer expressly agrees.
12. BINDING ARBITRATION: The parties shall attempt to amicably settle any controversy, claim or dispute arising out of this Agreement, any alleged breach of same or interpretation of same. Should such amicable settlement prove to be impossible, then settlement of any controversy, claim or dispute related to this Agreement shall be settled by binding arbitration under the Rules and Procedures of the American Arbitration Association. Such arbitration shall be held in Lorain County, Ohio.
13. AUTHORITY TO SIGN AGREEMENT: The person executing this Agreement on behalf of Buyer hereby certifies that he or she is duly authorized and has the lawful authority to execute this Agreement on behalf of Buyer, and that this Agreement constitutes a legal, valid and binding obligation upon Buyer in accordance with its terms. Should Seller be advised that the person signing below is to so authorized, then the person signing below shall be personally liable under the terms and conditions of this Agreement, including payment to Seller.
14. Late Charge; Returned Checks: Client agrees to pay, in addition to the total service and/or product, a late charge of 1.75% on any balance not received within 30 days from the date of invoice. In the event Client shall elect to pay for the Service and/or by check, and any such check is returned to Holland Computers Inc., for reason of insufficient funds ("Check Return"), Client agrees to pay Holland Computers Inc., the sum of $25.00 for each such instance of Check Return. Client acknowledges that they will be held responsible for any and all costs related to the collection of their balance due to Holland Computers, Inc.
15. MISCELLANEOUS PROVISIONS:
A. GOVERNING LAW. This agreement shall be governed by the laws of the State of Ohio.
B. BINDING AGREEMENT. This agreement constitutes the entire agreement and understanding between the parties, and shall be binding upon and inure to the benefit of Seller and Buyer, their successors and assigns.
C. ATTORNEY'S FEES. If Seller or Buyer brings any action at law alleging negligence or a default under this agreement, the prevailing party in such action shall be entitled to recover in addition to damages, reasonable attorney's fees from the other. Any such action shall be brought in Lorain County, Ohio.