Jhon E Cash Currency Consignment Form
Jhon E Cash Currency, Coins and Collectibles 2121 Justin Rd Suite 119 BOX 346 Flower Mound, TX 75028
Phone 214-769-9936 Fax 972-317-3998 Website: www.jhonecash.com
For submitting PMG and PCGS Certified Currency notes on eBay
Complete this form and include it with your currency consignment and signed Terms and Conditions.
Name__________________________________________________ Consignment /Customer ID #______________
Company_______________________________________________ Home Phone ( ) _________-___________
Address________________________________________________ Work Phone ( ) _________-___________
City____________________________________________________ State_________________ Zip______________
Email Address ___________________________________________ Website________________________________
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________Total Notes Enclosed Total Value (optional) __________________
By signing this form you agree that you have read and agree to all of the Jhon E Cash Currency Ltd Consignment Policy’s and Terms and Conditions.
X Signature: _______________________________________ Date: ____________________
CURRENCY CONSIGNMENT TERMS AND CONDITIONS
1. Seller hereby appoints Jhon E Cash Currency, Coins & Collectables, hereafter referred to as Jhon E Cash as his agent for sale of the currency notes with full authority to transfer title and collect the purchase price, tax and other amounts due. Jhon E Cash Currency, Coins & Collectables is a DBA of Jhon E Cash Rare Currency, LTD.
2. With respect to each currency note consigned, Seller warrants that: Seller has full title, free and clear of any liens, encumbrances, security interests or contract rights impairing the unconditional right to sell all right, title and interest in and to such coin or currency note; authenticity, identity, grading, certification and description is as set forth in the consignment submission form; Seller has full authority to sell without condition or restriction; and all information provided by Seller is accurate and complete. Seller shall review all information about each consigned currency note as posted on the Jhon E Cash Currency, Coins and Collectable’s website, including but not limited to any currency lot descriptions inserted by Jhon E Cash Currency and shall notify Jhon E Cash Currency of any errors or omissions since the accuracy thereof is the sole responsibility of the Seller. Seller shall indemnify, defend and hold Jhon E Cash Currency, its officers, its employees or agents harmless from any and all claims, costs, expenses, causes of action or liabilities (including attorneys’ fees) arising out of or related to the consignment, the sale, any currency note or property submitted for auction, any warranty, any proceeds of the sale or any claims relating to title, liens, encumbrance, identity, authenticity or description.
3. Seller agrees to pay the seller’s fees and other charges as posted on the Jhon E Cash Currency, Coins and Collectibles website at the time of sale which will be deducted from the proceeds or paid by Seller upon billing therefore in the event proceeds are insufficient. Seller acknowledges that Jhon E Cash Currency, LTD will charge a buyer’s fee as set forth on the Jhon E Cash Currency, Coins and Collectables website. Seller’s fees are earned at the close of the auction. Seller may not withdraw any consigned note to Jhon E Cash Currency.
4. Jhon E Cash Currency shall have the right in its sole discretion to reject any submission at any time for any reason; to cancel any eBay auction, before or after the commencement thereof; to postpone or change the date and time of any auction; to rescind any sale, before or after its close or payment by buyer, and to reject any consignment or consignor.
5. In the event Seller has designated a consignment for the Fixed Price Auction, Jhon E Cash Currency will place any currency notes not sold in the initial auction in its eBay storefront site for up to 30 additional days, for no additional fee to Seller. If the notes sell in the eBay storefront, Seller shall pay the regular 8% eBay fee minus a nominal $50 listing fee. Notwithstanding the above, Jhon E Cash Currency in its sole discretion will determine whether the currency notes will re re-listed, and if so, whether it be a 10 day or 30 day auction. Notes not re-listed will be returned to Seller, subject to these Terms and Conditions.
6. All grading service fees and charges for raw submission currency notes shall be paid by Seller and deducted from Seller’s proceeds. If proceeds are insufficient, Seller shall pay any unreimbursed charges immediately upon receipt of notification thereof. Grading services fees are independent from Jhon E Cash Currency and Jhon E Cash Currency, Coins and Collectable’s services. If assisting Seller to obtain grading does cause Jhon E Cash Currency to become a partner, joint venture, employer, or agent of the grading service. Seller agrees that Jhon E Cash Currency has no responsibility for conduct of the grading service, the grading, or for the notes while in the possession of the grading service. Jhon E Cash Currency, Coins and Collectable’s service is an accommodation to Seller who hereby releases Jhon E Cash Currency, all its affiliates and all employees from any claims or liability based upon or arising out of any action or omission of the grading service.
7. In the event the successful bidder for any note fails to make timely payment, Jhon E Cash Currency may, in its discretion, (1) return the note to Seller as unsold for a fee, (2) offer the note in the next available eBay auction but shall not be liable for any deficit resulting from resale, or (3) attempt to collect the sales price from the initial successful bidder on behalf of Seller and at Seller’s expense.
8. Jhon E Cash Currency shall not be obligated to remit proceeds of any sale unless and until any and all claims have been resolved and until Jhon E Cash Currency receives full payment.
9. Seller hereby grants to Jhon E Cash Currency and its affiliates a security interest in all consigned notes for the purpose of securing all amounts that may be owed to Jhon E Cash Currency.
10. In the event Buyer directs Jhon E Cash Currency to ship any note out of Texas, Seller directs Jhon E Cash Currency on his behalf to make such shipment by the United States Postal Service or other authorized and licensed interstate carrier.
11. As an accommodation to Seller, Jhon E Cash Currency shall provide insurance for loss or damage to consigned notes while in the possession of Jhon E Cash Currency and in transit when shipped by Jhon E Cash Currency. The terms and conditions, Including all exclusions and limitations, of Jhon E Rare Currency LTD’s insurance policy shall apply, and the extent and amounts of coverage are as determined by the insurance company. Any liability of Jhon E Cash Currency for loss, theft, or damage to notes shall not exceed the amount of Jhon E Cash Rare Currency, LTD’s insurance coverage therefore and Seller hereby releases Jhon E Cash Rare Currency, LTD and its employees and all affiliates from all liability relating to such notes from any cause whatsoever, including Jhon E Cash Currency, Coins and Collectable’s negligence, in excess of such insurance coverage. Seller is at liberty to provide such additional insurance coverage as Seller sees fit.
12. Jhon E Cash Currency makes no warranty as to the value of any note submitted or as to the price any note sells for.
13. Seller acknowledges and agrees that Seller has read all Consignment Policies, Terms and Conditions and other information on Jhon E Cash Currency, Coins and Collectable’s website relating to consignments and sales including the Consignment Policies, Seller’s fees and Buyer’s fees information and Sales Terms and Conditions (including but not limited to buyers’ return rights) and that Seller is bound by all of the same. No waiver or delay by Jhon E Cash Currency in the enforcement of any right shall be a waiver of its right to timely enforcement in any other instance or shall constitute a custom or practice. Seller warrants and represents that Seller is authorized to enter into this contract for the consignment of notes, Seller is the owner of said notes, and that if there are other persons with any interests in any of said notes, Seller has the full written authority to sell said notes in accordance with this contract and to bind each of them hereto.
14. Any claim or dispute arising out of this auction, sale, consignment or this agreement shall be settled by arbitration between the parties in accordance with the rules of the American Arbitration Association being in accordance with the then existing Commercial Arbitration Rules of the American Arbitration Association in Dallas, Texas. Petitions to confirm or vacate any arbitration award may be served by certified mail. In the event of any arbitration or litigation, the prevailing party shall be entitled to all attorneys’ fees and legal costs. Jhon E Cash Rare Currency, LTD, its employees or affiliates shall not be liable for consequential, special or punitive damages except as specifically set forth herein.
15. The contract is the entire agreement between the parties and supersedes all other agreements, representations and understandings on the subject matter hereof. No amendment, modification or release of this agreement is valid unless in writing and signed by both of the parties. This agreement and the sale shall be governed by the laws of the State of Texas.
16. All Texas residents will be liable for any and all State sales taxes as stipulated by the state of Texas.
By signing this consignment agreement you agree that you have read and agree to abide by all of the Jhon E Cash Currency Consignment Policy’s and Terms and Conditions listed on www.jhonecash.com/consignments.
_______________________________________ Date: _____/______/2010
Print Consignors’ name
_______________________________________ Date: _____/______/2010
Consignor’s signature