Seller's Agreement

1. Services: By accepting this Agreement you authorize ParkModelAuctions.com to provide the following services in accordance with the terms and conditions of this Agreement, to list, offer and sell your park model home or lot. 

2. Rights: By accepting this Agreement, Seller confirms that they are at least 18 years of age, are the legal owner of the item, and have the right to sell the item. 

3. Binding Bids: Seller is obligated to complete the transaction with the highest bidder upon the listings completion, unless the reserve bid is not achieved or there is an exceptional circumstance, such as, (A) the buyer fails to pay for the Goods, or (B) ParkModelAuctions.com cannot authenticate the buyers identity. 
 
4. Payment of Seller: As consideration for the Services, Seller agrees ParkModelAuctions.com will be entitled to collect an auction completion fee of 5% of the reserve bid up to $2,000.

5. Nothing contained herein will be construed as creating any agency, partnership, or other form of joint enterprise between ParkModelAuctions.com and the seller.  

6. Title and Risk of Loss: Title and risk of loss for the Goods remains with Seller until such time as the Goods are delivered to the buyer. Title and risk of loss will not transfer to ParkModelAuctions.com at any time. Title to Goods shipped will pass directly from Seller to Buyer.  

7. Seller's Warranty of Goods: Seller warrants that (A) Seller has all the necessary rights and authorization to produce and distribute the Goods and to permit ParkModelAuctions.com to offer, sell and deliver the Goods to any third party, (B) the Goods and the rights granted under this Agreement do not infringe the proprietary rights of any third party, and (C) the description of the Goods is truthful, accurate and complete. Seller represents and warrants that description of the Goods and the Goods will not: Be false, inaccurate or misleading; Be fraudulent or involve the sale of counterfeit or stolen items; Violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising).

 8. Breach: Without limiting other remedies, ParkModelAuctions.com may immediately remove Sellers Goods listings from auction, temporarily suspend, indefinitely suspend or terminate the Services and refuse to provide future Services to Seller if (A) Seller breaches this Agreement, (B) ParkModelAuctions.com is unable to verify or authenticate any information Seller provides to ParkModelAuctions.com, (3) ParkModelAuctions.com believes that Sellers actions may cause financial loss or legal liability for Seller, ParkModelAuctions.com users or ParkModelAuctions.com, or (4) ParkModelAuctions.com suspects that Seller (by conviction, settlement, insurance or escrow investigation, or otherwise) has engaged in fraudulent activity in connection with the Goods, or ParkModelAuctions.com.  

9. Indemnity: Seller agrees to indemnify and hold ParkModelAuctions.com and (as applicable) ParkModelAuctions.com subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due, connected to or arising out of Sellers breach of this Agreement, or Sellers violation of any law or the rights of any third party. 

10. Warranty Disclaimer: ParkModelAuctions.com provides its services "as is" and without any warranty or representation as to the services, express, implied or statutory. ParkModelAuctions.com specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. This warranty gives Seller specific legal rights and Seller may also have other legal rights that vary from state to state. 

11. Waiver of Consequential Damages: In no event will ParkModelAuctions.com be liable to seller for any incidental, consequential, exemplary, indirect, special, or punitive damages arising out of this agreement or its termination, regardless of the form of action (including negligence and strict product liability) and irrespective of whether ParkModelAuctions.com has been advised of the possibility of an such loss or damage. 

12. Liability Cap: ParkModelAuctions.com liability, and the liability of its employees and suppliers, to Seller or any third parties in any circumstance is limited to the greater of (A) the estimated value of the applicable Goods, as described by Seller, or (B) $100. 

13. Release: Seller releases ParkModelAuctions.com (and ParkModelAuctions.com officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, resulting from or in any way connected with the Services. 

14. Term: The term of this Agreement will commence upon completing the Auction Listing Form for the Goods (the "Effective Date") and unless terminated earlier in accordance with the terms of this Agreement, will continue until all Goods accepted for listing by ParkModelAuctions.com under this Agreement are sold. ParkModelAuctions.com may terminate this Agreement without notice, for any reason or no reason, at any time.  

 15.General: This Agreement will be governed in all respects by the laws of the United States of America and the State of Wisconsin as such laws are applied to agreements entered into and to be performed entirely within Wisconsin between Wisconsin residents. In the event that any provision of this Agreement will be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and, in such event, such provisions will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. This Agreement and the Exhibits hereto, constitute the entire Agreement between the parties with respect to the subject matter hereof. This Agreement supersedes, and the terms of this Agreement govern, any prior or collateral agreements with respect to the subject matter hereof with the exception of any prior confidentiality agreements between the parties. This Agreement may only be changed by mutual agreement of authorized representatives of the parties in writing.