Terms and Conditions of Consignment
- Consignor warrants full ownership and title to equipment submitted for consignment. Consignor is the full legal owner and retains all ownership rights, during consignment process, and up until a sale is made to a third party purchaser. Consignor agrees to be held responsible for all equipment and maintenance of equipment until the unit is sold and released to a third party purchaser, or this agreement is terminated.
- Consignor will provide and sign a formal Bill of Sale, transferring ownership from Consignor to Dealer, upon the invoicing of a third party purchaser, by the dealer. At the time of signing the Bill of Sale, consignor does fully transfer ownership in whole, to True North HDD, regardless of any funds changing hands. If for any reason the third party purchaser suspends the purchase, ownership will be released by True North HDD and will return wholly to Consignor.
- There are no fees for listing any equipment, until such a time as a sale to a third party purchaser is completed. At this time, True North HDD will receive the full purchase amount from the third party customer. All funds will be forwarded to the Consignor, less 10%, the effective commission on the sale which will be due to True North HDD. The value of the sale, commission, and net amount due to Consignor will all be presented on the Bill of Sale from Consignor to True North HDD, to ensure full transparency of transaction. Consignor will be issued the funds within 24 banking hours of True North HDD having received said funds from purchaser.
- Consignor warrants that all information provided on the equipment to be listed and sold is true and accurate. Consignor will notify True North HDD within 24 hours of any changes to equipment and listing information.
- Consignor understands and agrees that equipment must be in the described condition at time of third party purchaser receiving said equipment. Should there be any discrepancies or issues noted at time of receiving, Consignor agrees and understands that Consignor will be contacted to make any and all reparations as may be deemed necessary. This does not include any damages that may have occurred due to the transportation of equipment during transit.
- All sales carried out by True North HDD are subject to True North HDD's corporate terms and conditions of sales as included with all Sales Quotes and Sales Agreement Invoices and which can also be viewed on the True North HDD corporate website. Consignor warrants they have read, understand, and will comply with the full terms as outlined. Equipment is sold strictly in as-is condition with no warranties implied nor expressed. All purchasers are provided every opportunity to have a third party inspection done at their cost, and Consignor agrees to ensure that access and assistance to facilitate any inspection is provided, within reason.
- All purchase documents for the Third Party Purchaser will be completed and provided by True North HDD. This includes the collection of any and all sales taxes that may be applicable. True North HDD will be responsible for the collection of sales taxes and the remittance of same to the necessary jurisdictions.
- Consignor and/or Dealer may terminate this agreement, without penalty at any time, prior to funds being issued from Dealer to Consignor. Consignor must provide written notification of cancellation of listing and allow for Five Business Days for True North HDD to remove any and all advertising materials. In the event a deal has been made and funds have been disbursed to all parties, Consignor will be held responsible for fulfilling any and all obligations of sale.
- Consignor is responsible for loading of equipment and for all costs associated with loading equipment for shipment, including tow truck/deck service, crane service, or loading dock fees.
Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.
This Agreement represents the entire agreement of the parties with respect to the matters contemplated herein. All prior agreements, representations, warranties, covenants or understandings, verbal or written, regarding the subject matter hereof are hereby terminated and superseded by the execution and delivery of this Agreement, and shall be of no further force or effect.
This Agreement shall be construed and enforced in accordance with the laws of the State or Province in Which the Consignor Resides without regard to the provisions thereof regarding conflicts of laws.
Any and all changes, modifications, additions, or amendments to this agreement must be provided in writing to all parties and submitted in the same manner as this agreement was initially executed.