COMICCON ASIA 2018
AUCTION HERO CHARITY EVENT
SELLER FORM
This document constitutes an agreement between ComicCon Asia 2018 and the Seller (Consignor):
Full Name:______
Permanent Address:______
Contact Number:______
Email Address:______
Consignment Order:
QTY. / Item Category:Comics & Literature, Movies, TV Series, Manga, Anime, Toys, Games, Cosplay / Description:
/ Starting Bid / Selling Price
Size:
Weight:
Year/Edition:
Manufacturer:
Condition:
Others:
Size:
Weight:
Year/Edition:
Manufacturer:
Condition:
Others:
Size:
Weight:
Year/Edition:
Manufacturer:
Condition:
Others:
TERMS AND CONDITIONS
1.Auction:
2.The Consignor appoints ComicCon Asia as selling agent of the Items listed in the Consignment Order by public auction. ComicCon Asia retains discretion as to (a) auction estimates, (b) consulting any expert, (c) cataloguing and descriptions, (d) auction dates and (e) the manner of conducting the sale.
2.Interpretations:
(a)The Seller or Consignor is the owner of the item to be auctioned.
(b)The Auctioneer is a trained professional who presides over the auction, initiating the sale of a lot by describing the item and starting the bidding. Once the first bid is made, others may offer higher bids.If a work sells, the auctioneer announces, “sold.” If the item does not meet its reserve or there are no bidders, the auctioneer signifies this with a “pass.”
(c)The Bidder is a person or organization making a formal offer for an item.
(d)The Expert Team is a team formed by ComicCon Asia to assist in the inspection and appraisal of the submitted items.
(e)The Starting Bid is the beginning price for the item.
(f)The Selling Price is the agreed price between the seller and ComicCon Asia that will be remitted to the seller.
(g)The Winning Bid or Winning Price is the highest bid for the item after the auction closes for the item.
(h)The Excess Amount is the difference between the Winning Bid and the Selling Price, which is to be donated to the chosen beneficiary.
(i)The Certificate of Truthfulness is the proof of purchase from the auction. This does not equate to a Certificate of Authenticity. This merely certifies the condition of the item upon purchase.
(j)Lien is an adverse claim against an item when that item is being used as a collateral for a debt.
(k)Encumber is to burden with legal or financial obligations.
(l)Bootleg is an item that is being made or sold illicitly.
(m)Counterfeit is an item made in exact imitation of another item with the intention to deceive or defraud.
3.Conditions: Seller must be at least 18 years old and must be a convention badge holder .
4.Representations and Warranties-Indemnity:
5.The Seller declares having the right to sell the Item, and warrants that the Item is now and will be kept free of all liens, claims and encumbrances through to transfer of possession to the purchaser. The Seller agrees to indemnify ComicCon Asia from any and all claims, action, damages, losses, liabilities and expenses relating to the breach or alleged breach of any of the seller’s agreements, representations or warranties. Any replacement or refund should be done between the seller and the bidder/buyer only without any third parties involved.
5, Estimates/Catalogue/Descriptions:
6.The estimate range is provided as a guide for prospective bidders and does not constitute a warranty, representation, guarantee or prediction of selling price. All estimates may be subject to revision at Comic Con Asia’ discretion; Comic Con Asia is not liable for any errors or omissions with respect to the auction, catalogue or any other descriptions of the Item.
6.Authenticity:
7. ComicCon Asia does not warrant the authenticity of the items for auction. ComicCon Asia will not be liable for any defect on the item purchased during the event. However, ComicCon Asia will issue a Certificate of Truthfulness for the item. The Certificate of Truthfulness does not equate to a Certificate of Authenticity. It merely certifies the condition of the item upon receipt. The submitted Item Checklist will be counter checked twice, through photo and physical inspection. There will be a designated time and place for the physical inspection. A group of experts will assist in inspecting and appraising the value of the item. They may suggest a fair starting bid and fair selling price. The experts are in a purely recommendatory role in terms of prices. The physical inspection shall be done in the presence of the owner. The experts may contact the sellers for more information for the item. Any counterfeit, bootleg, and otherwise fraudulent items will immediately be disqualified from the auction. The seller will be immediately informed if the item will be withdrawn. It is the Seller’s duty to prove the authenticity of the item. Should the seller disagree; he or she may withdraw the item in question.
7.Changes in Selling Prices:
8. The Seller may not change the selling price after the signing of the Certificate of Truthfulness, as it will be the agreed selling price between the seller and ComicCon Asia.
8.Payment/Fees/Discounts:
9.ComicCon Asia will be collecting the payment (Winning Bid) right after the auction. The seller may collect the sales (Selling Price)thirty minutes after the item had been sold for cash transactions only. Sales thru credit card transactions will be deposited to the seller’s account within 14 working days after the end of the auction. Credit card transactions will be subject to a 4% bank charge that will be deducted from the sales amount to be given the seller. ALL proceeds in excess of the agreed (Selling Price) from the winning bid will be collected by ComicCon Asia to be donated to the event’s chosen beneficiaries. No discounts will be applied. A Proof of Purchase will be attached to the Certificate of Truthfulness.
9.Re-Listing:
10.Items that were not sold shall be returned to the owner. There will be no re-listing for the items.
10.Withdrawal:
11.The Seller may not withdraw any Item from sale after this ComicCon Asia Contract is signed. If this commitment is violated, the Seller will pay ComicCon Asia a withdrawal fee equal to 10% of the low estimate for the withdrawn Item. ComicCon Asia may withdraw Item prior to the sale if ComicCon Asia believes that (a) there is doubt as to authenticity or attribution, (b) there is doubt as to representations or warranties or (c) any provision of the Seller’s Contract is breached by the Seller or (d) for any reason ComicCon Asia may deem fit, in its sole and absolute discretion. In the event that ComicCon Asia withdraws the item/s, the Seller will not be charged a withdrawal fee, except in case of breach of Contract. This shall in no way be meant or construed as a warranty by ComicConAsia on the authenticity of or ownership of the item for auction, which shall ultimately be the responsibility of the Seller.
11.Miscellaneous:
12.This agreement shall be administered in accordance with the laws of Pasig City and any dispute will be submitted to the exclusive jurisdiction of the courts sitting in Pasig City. This agreement shall be binding upon the Consignor and their assigns.
ITEM CHECKLIST
ITEM NAME:OWNERSHIP:
First, second owner
Purchase date/Item age with owner:
Estimate
Purchase location
Question: / YES / NO / REMARKS
Are there visible/hidden stains?
Are there visible/hidden paint cracks, chips or discoloration?
Are there any visible/hidden scratches?
Are there any physical damage (broken area)?
Does it come with a display box or frame?
Was the item stored and displayed only?
Was the item exposed to pets?
Was the item exposed to cigarette smoke?
______
SIGNATURE OVER PRINTED NAME DATE OF INSPECTION
ITEM CHECKLIST
ITEM NAME:OWNERSHIP:
First, second owner
Purchase date/Item age with owner:
Estimate
Purchase location
Question: / YES / NO / REMARKS
Are there visible/hidden stains?
Are there visible/hidden paint cracks, chips or discoloration?
Are there any visible/hidden scratches?
Are there any physical damage (broken area)?
Does it come with a display box or frame?
Was the item stored and displayed only?
Was the item exposed to pets?
Was the item exposed to cigarette smoke?
______
Signature over Printed Name...... Date of Inspection
ITEM CHECKLIST
ITEM NAME:OWNERSHIP:
First, second owner
Purchase date/Item age with owner:
Estimate
Purchase location
Question: / YES / NO / REMARKS
Are there visible/hidden stains?
Are there visible/hidden paint cracks, chips or discoloration?
Are there any visible/hidden scratches?
Are there any physical damage (broken area)?
Does it come with a display box or frame?
Was the item stored and displayed only?
Was the item exposed to pets?
Was the item exposed to cigarette smoke?
______
Signature over Printed Name...... Date of Inspection
ITEM CHECKLIST
ITEM NAME:OWNERSHIP:
First, second owner
Purchase date/Item age with owner:
Estimate
Purchase location
Question: / YES / NO / REMARKS
Are there visible/hidden stains?
Are there visible/hidden paint cracks, chips or discoloration?
Are there any visible/hidden scratches?
Are there any physical damage (broken area)?
Does it come with a display box or frame?
Was the item stored and displayed only?
Was the item exposed to pets?
Was the item exposed to cigarette smoke?
______
Signature over Printed Name...... Date of Inspection
STATUTORY DECLARATION
I, ______, of the City of ______of ______, do solemnly declare as follows:
1.That the personal information I have provided for the purposes of this contract is correct and true.
2.That I am the current owner/agent of the item/s listed in the Consignment Order attached on this declaration.
3.That the item/s is not subject to any mortgage, charge, lien or encumbrance.
4.That I have listed the item/s withCOMICCON ASIA, and that this declaration is furnished to them.
5.That I have read, fully understood and agreed to the terms and conditions stipulated in this Contract.
And I make this solemn declaration, conscientiously believing it to be true and knowing that it is of the same force and effects as if made under oath.
Declared and signed before me at ______in the City of ______on this day of ______, 2018.
______,______,
Printed Name of DeclarantSignature of Declarant