UAB “EPELSTONE”(hereinafter – the Administrator), enterprise code: 303037957, VAT code LT100009515517, residence address: Gedimino ave. 64, Vilnius, represented by the director Maks Epelbaum, acting in accordance with the authority of company Statute and Name Surname, p.c. xxxx, residing in address , city (hereinafter – the Seller), hereinafter collectively referred to as the Parties, and individually – to as Party concluded the present Intermediation Agreement for sale of amber articles (products) at sales auction (hereinafter – Agreement).
Administrator – Auction Organizer UAB “EPELSTONE”.
Auction – online sales of amber articles (products) by auction, when amber articles (products) are sold to the highest bidder.
Auction’s object – amber articles (products).
Auction’s participant (bidder) – a major natural person or legal entity, registered in website according to established procedure.
Brokerage fee – fee, paid to Auction Organizer for sold amber articles (products) by Seller at Auction.
Goods – amber articles (products), which are transferred by the Seller to the Administrator according to signed Act of delivery and acceptance.
Amber – organic origin mineral.
- SUBJECT OF THE AGREEMENT
- According to this Agreement the Administrator shall sell goods of the Seller announcing an Auction in website www.amberauctions.com.
- The Seller shall pay to the Administrator a Brokerage fee, which is provided in the present Agreement, for the Goods, sold at Auction.
- ORGANIZATION OF AUCTION
- The Auction is organized and carried out online at address www.amberauctions.com.
- The Auction beginning, end and price of the Goods are published online in website www.amberauctions.com.
- Procedure of purchase at Auction is specified in the rules, which are published online in website www.amberauctions.com.
- Auctions are not regular and are published at the discretion of the Administrator, i.e. the Administrator shall decide by himself when sale of the Goods of the Seller will be carried out at the Auction.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
- The Administrator shall undertake:
- to organize sale of the Goods of the Seller at the Auction.
- to inform the Seller about the beginning and end of the Auction.
- to publish all information about Auction publicly – in website www.amberauctions.com.
- to store the Goods until the beginning of the Auction and during the Auction.
- to inform the Seller about the highest price, offered at the Auction.
- to pay the Seller for the Goods, sold at the Auction, according to the procedure, provided in this Agreement.
- to refuse to announce the Auction, if the following circumstances due to which the Auction can not be announced, come to light:
- the Seller is not entitled to sell the Goods;
- the Goods is not property of the Seller;
- third parties have the right to the Goods;
- the Goods are not articles (products) from Amber.
- If after having sold the Goods at Auction, it turns out that they could not been sold at the Auction, all the responsibility for illegal sale of the Goods comes to the Seller.
- Having not sold the Goods at the Auction, at request of the Seller there is announced other Auction for the Goods.
- The Administrator, without indicating any reason, has the right to refuse to announce other Auction and to return the Goods to the Seller.
- The Seller shall undertake:
- to transfer the Goods, desirable to sell, to the Administrator, signing the Act of delivery and acceptance.
- to transfer only the Goods, which are articles (products) from Amber.
- to set a minimum price of the Goods.
- to pay to the Administrator the brokerage fee, provided in this Agreement.
- to inform the Administrator about desire to sell the Goods in other Auction, if they have not been sold at the first time.
- to assume full responsibility for the quality of the Goods.
- to take the Goods back after it has emerged that the sold Goods are not (from) Amber, compensating to the Administrator and to the Purchaser for all losses.
- PRICE AND SETTLEMENT PROCEDURES
- The initial price of the Goods at the Auction is ___ EUR.
- The Brokerage fee is 20 (twenty) percent plus VAT, from the price of the sold Goods, which was paid for the Good by the Purchaser while buying the Good at Auction.
- The money is paid to the Seller within fourteen working days after the Auction has been pursued.
- If after the executed Auction the Purchaser is late in paying for purchased Goods, the Administrator, according to the term of settlement with the Seller, provided in Item 12, shall postpone until the payment for the Goods is received from the Purchaser. The Administrator, after having received payment from the Purchaser, shall pay for the Goods to the Seller according to procedure, provided in Item 12 of this Agreement.
- The Seller is paid only for the sold Goods.
- STATEMENTS OF THE PARTIES
- The Administrator states that:
- has the right to pursue the Auctions;
- in website www.amberauctions.com there are published rules for participation in Auction.
- The Seller states that:
- has the right to sell the Goods;
- the Goods are personal property of the Seller;
- third parties havo no rights to the Goods;
- the Goods are not pledged or their disposal is not restricted otherwise.
- VALIDITY AND TERMINATION OF THE AGREEMENT
- The present Agreement enters into force on the date of its signing and is valid until date of payment for the sold Goods.
- Having not sold the Goods and having not agreed regarding the announcement of the next Auction, the Goods shall be returned to the Seller and this Agreement shall be terminated.
- The Agreement as well can be terminated by mutual concert of the Parties or by the Seller unilaterally before the Auction‘s announcement. In such case the Seller must compensate the Administator for all the expenses inccured.
- The Administrator has the right to terminate the Agreement unilaterally if the circumstances, provided in Item 7.7. of this Agreement, emerged. Upon termination of the Agreement for the above-mentioned circumstances, the Seller must compensate the Administator for all the expenses inccured.
- The Seller is not entitled to terminate the Agreement and claim damages if the Auction did not take place and the Goods were not sold.
- FINAL PROVISIONS
- The Parties, while deciding matters which are not covered by this Agreement, shall follow the laws of the Republic of Lithuania as well as other legal acts.
- Any disputes or disagreements, arising from this Agreement or related with it, shall be solved through negotiations between the Parties. If dispute can not be solved through negotiation, it shall be solved according to the procedure, established by the law of the Republic of Lithuania – in the courts of the Republic of Lithuania.
- This Agreement is concluded and signed in two exemplars of equal legal force, one for each Party.