My Neighbor’s Stuff LLC. Consignment Agreement
This Agreement (as may be modified from time to time by My Neighbor's Stuff LLC. in its sole and absolute discretion), including all attachments, constitutes the entire agreement among the parties to this transaction and replaces all prior agreements, communications, and representations. No agreements, communications, or representations made by any party to this Agreement that is not expressly stated in this Agreement are legally binding.
No Implied Waiver
Either party's failure to insist, in any one or more instances on strict performance by the other party of any of the terms to this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
Severability
If one or more of the provisions of this Agreement shall be declared or held to be invalid, illegal, or unenforceable in any respect in any jurisdiction, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby and any such declaration or holding shall not invalidate or render unenforceable such provision in any other jurisdiction.
Headings
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
Counterparts/Electronic Signature
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. For purposes of this Agreement, use of a facsimile, email, or other electronic medium shall have the same force and effect as an original signature.
Amendments
My Neighbor’s Stuff LLC reserves the right in its sole and absolute discretion to modify the terms of this Agreement from time to time. My Neighbor’s Stuff LLC will use commercially reasonable efforts to notify you if the terms of this Agreement have changed. All items received after the date of such modification will be subject to the new terms. If you do not agree to any revised terms, your sole recourse is to terminate this Agreement.
To the extent that you do not terminate this Agreement following a modification of the terms by My Neighbor’s Stuff LLC, you will be deemed to have accepted all such modifications to this Agreement.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF MY NEIGHBOR’S STUFF LLC PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. MY NEIGHBOR’S STUFF LLC’S ONLINE CONSIGNMENT MARKETPLACE AND OTHER SERVICES ARE PROVIDED ON AN "AS IS”, “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS. MY NEIGHBOR’S STUFF LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
MY NEIGHBOR’S STUFF LLC MAKES NO WARRANTY THAT MY NEIGHBOR’S STUFF LLC’S SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
MY NEIGHBOR’S STUFF LLC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR FOR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR FOR OTHER INTANGIBLE LOSSES (EVEN IF MY NEIGHBOR’S STUFF LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (A) THE USE OR THE INABILITY TO USE MY NEIGHBOR’S STUFF LLC.’S SERVICES OR MY NEIGHBOR’S STUFF LLC. WEBSITE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT; OR (D) ANY OTHER MATTER RELATING TO MY NEIGHBOR’S STUFF LLC.’S SERVICES OR THIS AGREEMENT. IN NO EVENT WILL MY NEIGHBOR’S STUFF LLC.'S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT IT HAS ACTUALLY RECEIVED AS A RESULT OF SELLING YOUR PROPERTY HEREUNDER. THE FOREGOING DISCLAIMERS AND LIMITATIONS ARE A FUNDAMENTAL PART OF THE BASIS OF MY NEIGHBOR’S STUFF LLC.’S BUSINESS, AND MY NEIGHBOR’S STUFF LLC. WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH DISCLAIMERS AND LIMITATIONS.
This Agreement shall be construed and governed by the laws of the State of Georgia. Furthermore, you and My Neighbor’s Stuff LLC. hereby agree to submit to personal jurisdiction of the courts of DeKalb County, Georgia.
Feel free to contact My Neighbor’s Stuff LLC. via e-mail at admin@myneighborsstuff.com. For a more immediate response, please contact us at 470-231-8853.
Please remember to include this Agreement in the box with the items before pickup. My Neighbor’s Stuff LLC will not approve your items to be published to our site until we receive the signed Agreement.
Privacy
My Neighbor’s Stuff LLC.’s will divulge information pertaining to this account only to the contacts listed below in this Agreement.
Contact Name#1: _______________________________________
Contact Name#2: _______________________________________
Consignor’s Representations, Warranties and Indemnification
- The consignor hereby warrants to My Neighbor’s Stuff LLC. that it has good and marketable title to the products published on myneighborsstuff.com, and none of which are subject to any liens or other encumbrances.
- The consignor further warrants to My Neighbor’s Stuff LLC. that the products consigned pursuant to this Agreement are not in violation of any trademark, copyright, or other proprietary right of any third party, state or federal law, or administrative regulation.
- The consignor hereby agrees to indemnify and hold harmless and defend with counsel selected by My Neighbor’s Stuff LLC., from all claims, losses, damages, suits, litigation, awards and costs, including but not limited to attorney’s fees that may arise out of the display or sale of the products for any reason whatsoever, including but not limited to civil or criminal suits over authenticity, legality, ownership, infringement of copyright or trademark or any other claim or litigation
Consignment Period- For Unsold Items
THE CONSIGNMENT PERIOD SHALL BEGIN ON THE DATE YOUR ITEMS ARE PUBLISHED. WE WILL CONTINUE TO PUBLISH YOUR ITEMS FOR UP TO NINE MONTHS UNLESS YOU NOTIFY US OTHERWISE. IF YOU HAVE ITEMS THAT REMAIN UNSOLD AFTER NINE MONTHS, IT'S YOUR RESPONSIBILITY TO CONTACT US TO ARRANGE THEIR RETURN TO YOU. ALL RETURN SHIPPING OR LOCAL DELIVERY OF YOUR ITEMS IS AT YOUR COST AS FOLLOWS:
- NON-LOCAL SELLER'S RETURN SHIPPING IS $18.50 PER BOX.
- LOCAL SELLER'S RETURN DELIVERY BY CARRIER IS AT YOUR COST OF $6.50 PER BOX.
AT THE END OF NINE MONTHS IF WE DON'T HEAR FROM YOU, THOSE ITEMS WILL BECOME THE PROPERTY OF MY NEIGHBOR'S STUFF LLC.
Items We Are Unable to Publish to My Neighbor’s Stuff’s Marketplace
My Neighbor’s Stuff LLC. reserves the right to refuse to list any items that are unsellable due to low resale value, brand name, item condition or authenticity issues. You will have the option to have your items returned
Please circle one of the methods below with your choice of how we can proceed with all of the items we are unable to list. Return Items (Shipping cost $18.50 per box Or Local Deliver cost $6.50 per box Or Donate Items)
This Agreement is effective as of the date we begin listing your items on any of My Neighbor’s Stuff LLC.’s online platforms and applies to all acceptable consigned items within our possession. This Agreement has been made in duplicate and is hereby executed by both parties.
Agreed and Accepted by:
Consignor
Consignor Name: __________________________
Consignor E-mail: __________________________
Consignor Phone: __________________________
Date: __________________________