Consign By Mail - Terms & Conditions

MAIL-IN PROGRAM

These terms and conditions create a contract (“Agreement”) between you and Black Rock Antique Center, LLC (“BRG”). Please read the Agreement carefully. The Agreement governs your access to, and participation in, BRG’s Mail-In Program (“Mail-In Program”). By participating in the Mail-In Program, you agree to be legally bound by this Agreement. 

  1. Consignment. You hereby consign to BRG select Property (hereinafter referred to as “Property”) to be sold and are subject to the provisions described below. 

  2. Commission. BRG shall receive and retain from the proceeds of sales commissions in accordance with the following:

If the sale price
is between:


$10,000+
$2,500-$9,999
$1,000-$2,499
$400-$999
$1-$399

then BRG’s
commission is:


5%
10%
20%
30%
50%

  1. Insurance. BRG shall maintain sufficient insurance coverage for the Property at the mean of the estimates during the time it is in BRG’s possession. 

  2. Consignor’s Box. BRG accepts Property from you on a consignment basis only and you are only permitted to send Property to BRG that BRG has agreed to consign. BRG shall provide all shipping materials to you for the shipment of Property (“Consignor’s Box”) at its sole expense. You are responsible for properly packing and shipping the Consignor’s Box. In the event that you send items using the Consignor’s Box that BRG has not agreed to consign, BRG may, in its sole discretion, dispose of such items without liability or notice to you.

  3. Risk of Loss; Lost Property. For Property sent to BRG using the Consignor’s Box, provided that you pack and send the Consignor’s Box in strict accordance with instructions given to you by BRG, the risk of loss shall pass to BRG upon the shipment of Property. For all other Property sent to BRG, the risk of loss shall pass to BRG upon BRG’s taking physical possession of the Property. In the event that Property is damaged, stolen, or lost while BRG bears the risk of loss (“Lost Property”), such Lost Property shall be deemed to have been sold to BRG at the Property’s estimated sales price as determined in BRG’s good faith discretion (“Sales Price”). BRG shall pay you the Sales Price less its commission in accordance with Section 2 (“Net Sales Price”) and you agree that your sole remedy against BRG for Lost Property shall be the payment of the Net Sales Price. 

  4. Sales Expenses. Sales related expenses such as storage, the Consignor’s Box, advertising, photography and cataloging are included as part of the commission rate.

  5. Reserves; Starting Bid. Minimums for specific Property must be agreed to prior to your receipt of a Consignor’s Box. The starting bid for all Property shall be $1.00.

  6. Return of Property. BRG may, in its sole discretion, return Property to you for any reason. In the event that BRG elects to return Property to you, BRG shall do so at its sole expense, except as otherwise provided in this Agreement. Risk of loss for returned Property shall pass to you upon delivery of the Property to you.

  7. Unauthenticated, Stolen and/or Counterfeit Items. You acknowledge that (a) BRG is subject to laws and regulations relating to claims that consigned items are counterfeit, have been stolen, or otherwise violate applicable law, and (b) BRG cooperates with law enforcement in all investigations concerning suspected stolen or counterfeit items. You are solely responsible for ensuring the authenticity of Property consigned to BRG. In the event that BRG, in its sole discretion, is unable to verify the authenticity of Property, BRG may refuse delivery and/or acceptance of such Property and it shall be returned to you at your sole expense. In the event that BRG, in its sole discretion, determines that Property is counterfeit or stolen, BRG shall notify you of such determination and you shall have 15 days to provide BRG with proof of purchase and other proof of authenticity acceptable to BRG. If you fail to provide BRG with proof of purchase and authenticity within 15 days, or if BRG otherwise finally determines Property to be counterfeit, BRG may dispose of such Property without liability to you. Property determined to be stolen shall not be returned to you and shall be reported to the appropriate authorities. 

  8. Settlement of Account. BRG shall pay you by check and provide an itemized summary of the sale price(s) within 45 days after the payment for the Property by the respective buyers. You shall have 15 days from the receipt of a payment and itemized summary to request further details pertaining to such payment. If you make a request after said 15 day period, BRG may, but shall have no obligation to, provide further details and may, at its election, charge a reasonable hourly rate for time incurred providing such details. In the event that BRG reissues a check at your request for any reason, BRG shall charge a $50 processing fee which will be deducted from the proceeds owed to you.

  9. Estimates. Any written or oral appraisal, estimate or other statement of value of Property provided by BRG or any of its representatives with respect to estimated or expected selling price of any item is a statement of opinion only and shall not be relied upon by you or any third party as a prediction or guarantee of the actual selling price. In no event shall BRG be held liable for the failure of any Property to be sold at such estimated or expected price. Estimates are subject to revision from time to time by BRG, including upon re-inspection of the Property and changes in market conditions.

  10. Representations and Warranties. You represent and warrant to BRG and to the purchasing party that you are 18 years or older, you own the Property and have the right to consign the Property, and the Property is now and will be kept free of liens, claims and encumbrances. Upon sale of Property, good and marketable title and right to possession will pass to the buyer upon the fall of the hammer. If you are acting as an agent for a principal, you and principal jointly and severally assume all obligations under this Agreement, including this Paragraph 11.

  11. Exhibiting Property. You agree that there are no restrictions on BRG’s right to make, reproduce and distribute photographs and or exhibit Property. 

  12. Indemnification. You shall defend, indemnify and hold BRG harmless from and against all losses, damages, liabilities, claims, fees, costs and expenses of any kind, including attorney’s fees, (“Losses”) resulting from a breach of this Agreement or any Losses relating to and/or affecting the sale of Property, except if such Losses are a result of BRG’s fraudulent or willfully negligent actions. Notwithstanding the foregoing, neither party shall be liable for any special, incidental and/or consequential damages.

  13. Binding Effect; Entire Agreement; Severability; Governing Law. This Agreement shall be binding upon you, your heir’s, distributee(s), executors, legal representatives, successors and assigns. It constitutes the entire agreement and understanding between all parties with respect to the Property transactions and supersedes all other agreements relating to the Property. If any provision of this Agreement shall be declared invalid or unenforceable, such provision shall be deemed eliminated from the Agreement, and all remaining provisions shall continue in full force and effect. This Agreement shall be interpreted and construed in accordance with the laws of Connecticut and the exclusive venue for all actions arising out of or under this Agreement shall be Fairfield County, CT.

This agreement shall be the complete and exclusive statement of the Agreement between the parties as to the subject matter of the Agreement, and shall be binding upon each of the parties hereto, their respective successors and, tot he extent permitted, their assigns.  This agreement cannot be amended or otherwise modified, except as agreed to in writing by each of the parties hereto.

Consign By Mail - Terms & Conditions. Black Rock Galleries provides high end estate liquidation services through online estate auctions and a 50,000 sq ft designer showroom. estate liquidator, estate sale, online auction, antiques, fine art, liquidation, clean outs, auction, consignment, interior design, fine jewelry, collectibles, appraisals, estate appraisals, estate services, decor, furniture, furniture consignment, antique center, consignment shop. We offer appraisal services and specialize in fine art, jewelry, antiques and decorative arts. Sell with us. Black Rock Galleries is the tri-state's largest estate liquidator serving New England and the greater New York City area. We are the trusted source for expert appraisals, auction services, estate sales, and consignments. Black Rock Galleries is the east coast's largest and most trusted estate liquidator, with locations in Connecticut, greater Boston, MA and Raleigh, NC, Fairfield, Southport, Apex, TX. We are the best source for expert appraisals, auction services, estate sales and consignments. We have served thousands of families and estates with compassion, professionalism and expertise. BRG works with attorneys, executors, realtors and families to bring the greatest return on personal and estate property in the current market. Our unique combination of services make us the easy choice to get the job done in a timely and stress-free manner. We are with you from the initial consultation to the final clean out. Our house-built online auction software platform offers clients a dynamic approach to liquidating their personal property. This venue is most successful in bringing the best return with the least amount of disruption for our clients. See our services page for a complete description of this offering. Consign By Mail - Terms & Conditions
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