Hi Lonny
I have a few concerns with the agreement. The agreement is a bit excessive with all the fees and liability clauses. Here are the items that make me very nervous that our return on sale will be severely diminished. We are a small City with limited funds.
7.) Seller will provide each vehicle with at least 3 gallons of fuel and a charged
battery. Seller herein authorizes Bar None to deduct costs for fuel, tire,
and/or battery replacement as necessary from the seller’s proceeds. A
minimum $20.00 will be charged whenever any fuel must be added by
Bar None. We will sell this with ¼ tank of gas at least, but tires and batteries are as is.
8.) Once an item is consigned to Bar None the item shall not be removed from
the auction without mutual consent from the Seller and Bar None. In the
event that an item is pulled and cannot be sold the Seller agrees to pay sale
Bar None commissions on that item. Cannot agree to this term. In addition you do not identify the reasons to “pull” a vehicle, especially if we deliver.
10.) Seller further agrees to pay Bar None a minimum consignment fee of
$500.00 on any advertised item pulled from the auction, and $250.00
on any non-advertised item pulled from the auction. We cannot risk this.
11.) Seller assumes responsibility for any personal injury or property damage
caused by the seller or his agents, and further agrees to hold Bar None
Auction harmless for any personal injury to himself or his agents, and
any property damage incurred on the sale premises. Bar None Auction
is not responsible for any stolen or damaged property. I don’t understand why your liability insurance does not cover the auctioneers? If someone falls off a piece of equipment, ect the City cannot risk being held liable for others actions. The city cannot agree to this.
Thank You,
Jennifer Cline, P.E.
City of Molalla
Public Works Director
O: 503.759.0218
F: 503.829.3676
"From: Lonny Papp [mailto:lpapp@barnoneauction.com]
Sent: Friday, February 27, 2015 9:23 AM
To: 'Jennifer Cline'
Subject: Consignment Agreement
Hello Jen,
Sorry for the delay in getting this to you, we’ve just been swamped with everything going on for the sale. Please see the attached consignor agreement and send back as soon as you can. I would definitely like to get your two big vehicles into the advertising asap so lets discuss the best way to transport when you are free. Thank you and I’m looking forward to a very successful sale.
Lonny Papp
Auctioneer/Appraiser
2440 Gold River Road, Suite 200
Rancho Cordova, CA 95670
p: 916-246-2287| f: 916-638-8961 | c: 916-300-3074
barnoneauction.com