1. Definitions of Consignee, Consignor, Consigned Merchandise and Consignment Terms
(a) With respect to all Consignment Policies, Terms and Conditions set forth herein, the terms “Consignee” and “Us” and “We” shall refer to the legal corporate entity Brutal Motors, Inc. and the website BrutalMotors.com which is 100% owned and operated by Brutal Motors, Inc., which are collectively referred to as “Brutal Motors”. The terms “Consignor” and “You” shall refer to the individual or entity which is using the Brutal Motors website for consignment purposes and which is entering into a consignment agreement as defined herein with Brutal Motors. The term “Consigned Merchandise” and “Merchandise” shall refer to the specific item(s) for which Consignor wishes to enter into a consignment agreement with Consignee.
(b) The term “Consignment Terms” refers collectively to all Consignment Policies, Terms & Conditions defined herein.
2. Ownership of Consigned Merchandise
(a) You, the Consignor, represent and warrant to Brutal Motors and any Third-Party Purchaser of Consigned Merchandise that: (i) you are at least eighteen (18) years of age; (ii) you have good and marketable title to the Merchandise; (iii) you have full authority to sell, transfer, and convey the Merchandise; (iv) you are the legal and equitable owner of any and all Consigned Merchandise; (v) you are acting on your own behalf, and not as another’s agent or representative; (vi) the Consigned Merchandise is sold free of all liens, encumbrances, liabilities, and adverse claims of every nature and description whatsoever; (vii) the Merchandise is not from, or the result of, illegal activity, including theft or fraud; (viii) any transaction initiated by you will not cause Brutal Motors to be in violation of any anti-money laundering, anti-terrorism, or other applicable state or federal law of the United States of America any state or any foreign country; and (ix) Brutal Motors reserves the right and you hereby agree to provide additional documentation and/or information concerning yourself and/or any Merchandise, including all documentation or information necessary for Brutal Motors to comply with local, state and federal law (which includes Brutal Motors reporting all Merchandise received to the proper authorities as required by applicable law.
(b) You, the Consignor, are and shall remain the owner of Consigned Merchandise, retaining full title to each item of Consigned Merchandise until its sale by Brutal Motors pursuant to these Consignment Terms.
(c ) Brutal Motors shall acquire no right, title or interest in the Consigned Merchandise other than the right to hold the Consigned Merchandise as a consignee and sell the Consigned Merchandise in the ordinary course of its business and in accordance with these Consignment Terms.
3. Authority to Sell Consigned Merchandise
(a) You, the Consignor, hereby grant to Brutal Motors the right to sell Consigned Merchandise for the benefit of Consignor pursuant to these Consignment Terms. All sales prices for Consigned Merchandise shall be determined by mutual consent of both the Consignor and the Consignee.
(b) Brutal Motors, the Consignee, may only sell the Consigned Merchandise in the ordinary course of its business, and may not sell Consigned Merchandise in bulk or convert Consignment Merchandise to an “asset” of Consignee for accounting purposes without prior written consent from Consignor.
(c ) Unless otherwise mutually agreed to by both Consignor and Consignee, the Consignor will grant to Brutal Motors exclusive rights to market and sell the Consigned Merchandise for a consignment period of ninety (90) days commencing from a date that is mutually agreed upon by both Consignor and Consignee. Upon completion of the consignment period, the Consignor may optionally elect to extend the consignment period for another mutually agreed upon period of time.
4. Representations of Items for Sale
(a) You, the Consignor, will provide reasonably detailed, complete, and accurate written information to Brutal Motors relating to all items that will be subject to Consignment. The information may include: photos and other images of the Consigned Merchandise, the name/description of each such item, the brand (if known), the date or period or era of origination or creation, the item’s history or provenance, and the suggested sales price for each item (collectively, “Merchandise Information”).
(b) Consignor is solely liable for, and shall indemnify Consignee from and against any and all claims, liability, costs, or expenses asserted against or incurred by Consignee, arising from or relating to any inaccurate, fraudulent or deliberately misrepresentative Merchandise Information.
(c) Brutal Motors, the Consignee, shall have the right to use any and all Merchandise Information in connection with the advertising, promotion, offer to sell, and sale of Consigned Merchandise. In addition, Consignee shall have the right to (i) take additional photos and use other images of the Consigned Merchandise in connection with the foregoing activities and (ii) prepare and publish promotional copy for the purposes of marketing and sales activities related to Consigned Merchandise.
5. Proceeds and Terms of Sale
(a) Unless otherwise specifically agreed to on a case by case basis, Consignee is entitled to retain the greater of either 6% (six percent) or $750 (seven hundred fifty dollars) of the proceeds from any sale of an item of Consigned Merchandise (an amount known as “Consignee Retention”). Brutal Motors, the Consignee, shall pay Consignor the proceeds from any such sale, less the applicable Consignee Retention, within fifteen (15) business days of Consignee’s receipt of such proceeds. All such payments shall be made by a method mutually agreed to by both Consignor and Consignee.
(b) In no event shall Brutal Motors, the Consignee, be obligated to make any such payments to Consignor unless and until Consignee receives the proceeds from any such sale.
(c ) Brutal Motors, the Consignee, agrees to maintain the sales price mutually set and agreed upon by the Consignor and the Consignee for each item of Consigned Merchandise, and will accept nothing less than such sales price for such item, unless otherwise mutually agreed upon in writing by Consignor and Consignee.
(d) Brutal Motors, the Consignee, only with the consent of the Consignor, may adjust the sales price for any item of Consigned Merchandise in an effort to increase the likelihood that such item will sell.
(e) In no event will Brutal Motors, the Consignee, assume any responsibility for, or insure against, damage, theft, or loss of any item of Consigned Merchandise, whether while in Consignee’s possession or under its control or during delivery to Consignee.
6. Expenses of Sale and Taxes
(a) Any and all expenses related to the promotion, advertising, marketing or any sale of Consigned Merchandise, including expenses incurred to maintain premises where Consignee is located and operates, are Consignee’s exclusive obligation.
(b) Consignee shall pay all sales, use, or other similar taxes levied by a duly constituted taxing authority against or upon the sale or use of Consigned Merchandise by Consignee.
(a) You hereby acknowledge and agree that you will provide to us your email address, physical address, and telephone numbers for our records, and it is your responsibility to provide Brutal Motors with any current or updated contact information.
(b) You further acknowledge and agree that: (i) any email message that we send to you is deemed to have been effectively received by you and constitutes due notice to you by email; and (ii) any phone message we leave with you, anyone answering your phone, or on your answering machine or service is effectively received by you and constitutes due notice to you by telephone.
(c ) Brutal Motors, Inc., the 100% owner of the website BrutalMotors.com, is licensed to do business in the State of Michigan and is governed by the laws of the State of Michigan. YOU EXPRESSLY AGREE THAT ANY CLAIMS, LAWSUITS, ACTIONS, DISPUTES, CONTROVERSIES OR OTHER MATTERS AGAINST BRUTAL MOTORS ARISING OUT OF, OR RELATING TO, THESE CONSIGNMENT TERMS OR BREACH THEREOF SHALL BE SETTLED SOLELY AND EXCLUSIVELY VIA BINDING ARBITRATION PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION PURSUANT TO THE FEDERAL ARBITRATION ACT, WHICH ARBITRATION SHALL TAKE PLACE IN BARRY COUNTY, MICHIGAN, USA. You expressly agree that any such Arbitrator has personal jurisdiction over you. You waive all defenses of lack of personal jurisdiction and forum non-convenience. You agree that each party shall bear its own attorneys’ fees and expenses. You agree to abide by all decisions and awards rendered in such Arbitration proceedings, and that such decisions and awards rendered by the Arbitrator shall be final and conclusive. You agree that the Arbitrator shall not have the right to award consequential, punitive, speculative, indirect, incidental, special, or exemplary damages. The Arbitrator shall be required to follow applicable law Michigan law. You agree that venue shall be in Barry County, Michigan.
8. TERMS OF SERVICE
Please note that all visitor usage of the Brutal Motors website, including for purposes of submitting a Consignment Request Form, item promotion for marketing and sales purposes, item purchases by customers, etc., are covered by our TERMS OF SERVICE. By using this website and any emails or communications received from Brutal Motors (collectively called the “Services”), you consent and agree to the terms and conditions indicated on our TERMS OF SERVICE page.
9. ELECTRONIC SIGNATURE
(a) For purposes of the Consignment Agreement and related transactions, You, the Consignee, hereby agree to the use of electronic signatures, receipt of notices by e-mail, use of electronic contracts, and to accept and agree to these Consignment Terms by electronic means.
(b) You, the Consignee, agree that checking the checkbox “I Agree to the Consignment Policies, Terms & Conditions” and clicking the Submit button at the end of the Consignment Request Form that appears on the Brutal Motors website constitutes your electronic signature.
NOTE: THE BRUTAL MOTORS CONSIGNMENT POLICIES, TERMS & CONDITIONS AND TERMS OF SERVICE ARE SUBJECT TO CHANGE WITHOUT NOTICE. PLEASE VISIT OUR WEBSITE BRUTALMOTORS.COM TO READ THE FULL AND CURRENT BRUTAL MOTORS CONSIGNMENT POLICIES, TERMS & CONDITIONS AND TERMS OF SERVICE.
Last updated: October 18, 2015