Items Wanted
Home
[Home][Contact Us][Contents][Search][Jobs][Vending][Items Wanted][Games]
Please provide us a little information about the item(s) you wish to sell. All required fields are noted with a *.
If the item mentioned above is a motorized vehicle:
Seller information ("SELLER'S LOCATION"):
Other information / notes
Privacy policy and other disclosures (Scroll down as needed to read the entire terms):
All content, information, and services provided on and through our Gorge Warehouse Websites may be used only under the following terms and conditions. By using gorgewarehouse.com or any other Website owned or operated by Gorge Warehouse, Inc. ("Gorge Warehouse Websites"), you agree to be bound by these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please do not use the Gorge Warehouse Websites. We reserve the right to change these Terms and Conditions of Use, in whole or in part, at any time with or without notice. You should always check these Terms and Conditions of Use prior to using the Gorge Warehouse Websites. Your continued use of the Gorge Warehouse Websites following the posting of changes to these Terms and Conditions of Use will mean you accept those changes. The Gorge Warehouse Websites are owned and operated by Gorge Warehouse, Inc. (referred to as "Gorge Warehouse", "we", "us" and "our"). The contents of the Gorge Warehouse Websites are copyrighted under United States copyright laws. Except as stated herein, none of the material on the Gorge Warehouse Websites may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. However, you may download material for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in any material included in or accessed through the Gorge Warehouse Websites and include any author attribution, copyright or trademark notice or restriction in any such material that you download, you keep intact all copyright and other proprietary notices, and you make no modifications to the materials. You may not, without our prior written permission, frame or mirror any material contained on the Gorge Warehouse Websites on any other server. The unauthorized use of any such material on any other Website or computer environment is expressly prohibited. You may not use such downloaded material for any commercial purpose other than those specified in these terms. Modification of the materials or use of the materials for any other purpose is a violation of Gorge Warehouse's copyright and other proprietary rights. "Gorge Warehouse" and the other Gorge Warehouse trademarks, trade names, service marks and logos appearing in the Gorge Warehouse Website are proprietary trademarks of Gorge Warehouse Products, Inc. The use of any of our trademarks or any other content on the Gorge Warehouse Websites, except as expressly provided in these Terms and Conditions of Use, is strictly prohibited. Gorge Warehouse may offer features such as bulletin boards or e-mail functions as part of the Gorge Warehouse Websites (referred to as "Interactive Media"). You may not submit any material that is unlawful, harmful, harassing, threatening, abusive, hateful, libelous, defamatory, obscene, pornographic, profane, vulgar, indecent, sexually explicit or otherwise objectionable that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Please do not submit any material that is protected by copyright, patent, or other proprietary right without obtaining permission of the copyright or patent owner or the rightholder. The Interactive Media shall not be used for any commercial purposes. You will not submit any material to solicit funds or to promote, advertise, or solicit the sale of any goods or services. You are expressly prohibited from soliciting other guests of the Gorge Warehouse Websites to become members of any commercial online service or other organization. Any information or material submitted by you to the Gorge Warehouse Websites through the Interactive Media will be deemed non-proprietary and non-confidential, and may be used by Gorge Warehouse without restriction. Without limiting the foregoing, by offering any information or material through the Gorge Warehouse Website (e.g., through chat, bulletin boards, e-mail, contests or otherwise), you grant to Gorge Warehouse the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, edit, publish, delete, terminate, make derivative works from and distribute such information or materials in any and all forms and media, now or hereafter discovered. Notwithstanding the foregoing, all personal data (e.g., name, address and telephone number) provided to Gorge Warehouse will be handled in accordance with Gorge Warehouse's Privacy Statement. We reserve the right, in our sole discretion, to edit any submission, and to choose to include or not include such submission in the Interactive Media. The Interactive Media includes the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other content expressed by third parties are those of such third parties and not of Gorge Warehouse. Gorge Warehouse does not endorse any such opinion, statement or other material posted on or accessible through the Interactive Media. Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting products available in the United States and its territories and possessions. Gorge Warehouse controls and operates this Website from its offices located in the State of Oregon, United States of America. Gorge Warehouse makes no representation that materials contained in this Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Gorge Warehouse Websites are provided "as is" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of title, merchantability and fitness for a particular purpose. Gorge Warehouse makes no representation or warranty as to the accuracy, reliability, timeliness or completeness of any material on or accessible through the gorge warehouse websites. Any reliance on or use of such material shall be at your sole risk. Gorge Warehouse makes no representation or warranty that the Gorge Warehouse Websites will be available on a timely basis or will be uninterrupted or error-free, that defects will be corrected, or that the Gorge Warehouse Websites or the servers that makes them available are free of viruses or other harmful components. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Gorge Warehouse is not affiliated or associated with sponsors or producers of any third-party websites that hyperlink to or from the Gorge Warehouse Websites. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Gorge Warehouse Websites from such third parties. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Gorge Warehouse Websites, since these third-party sites are owned and operated by independent retailers. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. In no event shall Gorge Warehouse be liable for any incidental, special or consequential damages, arising out of the use of or inability to use the Gorge Warehouse Websites, even if Gorge Warehouse or a Gorge Warehouse authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Gorge Warehouse's total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for using or accessing this site. Gorge Warehouse will not reimburse you or otherwise pay you for advertising, web hosting, or any other out-of-pocket or other expenses incurred as a result of attempting to enhance or augment your use and/or benefit of the Gorge Warehouse Websites. You will indemnify and hold Gorge Warehouse, and its subsidiaries, affiliates, directors, officers, agents, contractors or other partners, and employees, harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of material or information you submit, post to or transmit through an Interactive Medium, your use of the Gorge Warehouse Websites, your connection to the Gorge Warehouse Websites, your violation of the Terms and Conditions of Use, or your violation of any rights of another. These Terms and Conditions of Use shall be governed by the laws of the State of Oregon, without regard to its conflicts of laws principles. You agree that any lawsuit arising out of or relating to these Terms and Conditions of Use shall be filed only in the courts located in the City of The Dalles, State of Oregon and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such lawsuit. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties. You are granted a limited, nonexclusive, nontransferable license to access the Gorge Warehouse Websites and its content in accordance with these Terms of Use. If you are under 18, you may use the Gorge Warehouse Websites only with the involvement of a parent or guardian. The Gorge Warehouse Websites are hosted in the United States but contain some general information that is appropriate for global access and use. We make no representation that all materials on the Gorge Warehouse Websites are appropriate or available for use in locations outside the U.S., and accessing them from territories where their contents are illegal is prohibited. Any references on the Gorge Warehouse Websites to specific products and services are applicable only to those available in the U.S., and any product claims and comparisons to other products on the Gorge Warehouse Websites apply within the U.S. only. If you access this Gorge Warehouse Websites from other locations, you may choose to link to a local affiliate Website. Those who access the Gorge Warehouse Websites from other locations do so on their own initiative and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the U.S. or the territory in which they reside. We reserve the right to refuse service in our sole discretion and without notice. You are solely responsible for your use of the Gorge Warehouse Websites, and you agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, including attorneys’ fees, resulting from your use or misuse of the Gorge Warehouse Websites. Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, is strictly prohibited. Your use of the Gorge Warehouse Websites is also subject to the terms of our Privacy Statement. You acknowledge that you have read and understand our Privacy Statement, and consent to the use of any personal information you provide in accordance with the terms of, and for the purpose set forth in, our Privacy Statement. The Gorge Warehouse Websites design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion and other matters related to the Gorge Warehouse Websites are protected under applicable copyright laws, all rights reserved. The posting of any such elements on the Gorge Warehouse Websites does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Gorge Warehouse Websites. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission. Gorge Warehouse, the logo, and all product names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of Gorge Warehouse Inc., in the United States, or its affiliates or other companies under common ownership or control (the “Marks”). All other trademarks, product names, company names, logos, service marks, and/or trade dress mentioned, displayed, cited or otherwise indicated on the Gorge Warehouse Websites are the property of their respective owners. The use or misuse of any Marks or any other materials contained on the Gorge Warehouse Websites, without the prior written permission of their owner, is expressly prohibited. The Gorge Warehouse Websites and its contents are provided "as is" and "as available," with no warranty of any kind. To the fullest extent permissible under applicable law, we expressly disclaim all warranties, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and noninfringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. We make no representation or warranty whatsoever regarding the completeness, accuracy, correctness, integrity, reliability, currency, adequacy, suitability, functionality, availability, or operation of the Gorge Warehouse Websites or the content or services provided on, or accessible from, the Gorge Warehouse Websites. We do not warrant that the operation of the Gorge Warehouse Websites will be uninterrupted or error-free, or that the Gorge Warehouse Websites is free from viruses and other harmful components to equipment or software. In no event will we be liable, nor do we assume responsibility, for any direct, indirect, special, incidental, or consequential damages arising out of or in connection with the use or inability to use the Gorge Warehouse Websites (or the content or services provided on, or accessible from the Gorge Warehouse Websites), or otherwise, even if we are advised of the possibility of such damages. While we use reasonable efforts to include accurate and current information on the Gorge Warehouse Websites, we do not warrant or represent that the Gorge Warehouse Websites will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown for such things as the availability of products or services. We reserve the right to correct any inaccuracies or typographical errors on the Gorge Warehouse Websites, and shall have no liability for such errors. We may also make improvements and/or changes to the Gorge Warehouse Websites’ features, functionality, or content (including the availability of products and services) at any time. If you see any description you believe to be incorrect, please contact us as described in the “Contact Us” section and we’ll verify it for you. The Gorge Warehouse Websites contains links to affiliate Web sites, which allow you to receive specific information concerning product availability, claims, and comparisons applicable in your location. Affiliates are responsible for, and undertake to review, their own Web sites for compliance with applicable laws in their respective jurisdictions. These links are provided solely as a convenience to you. We do not endorse or accept any responsibility for the content, or accessibility of resources available on, any affiliate Website. We suggest that you carefully review the terms of use of each affiliate site you choose to access from the Gorge Warehouse Websites. We are pleased to hear from the Gorge Warehouse Websites users and welcome your comments regarding our content and services. Other than personally identifiable information, which is covered under the Gorge Warehouse Websites’ Privacy Statement, any suggestions, ideas, concepts, material or other information you submit to, or send via, this Gorge Warehouse Websites (“Submissions”) shall become, and shall remain, our exclusive property. We shall have no obligation of any kind with respect to such Submissions and shall be free to use and disclose the Submissions to others without limitation. These Terms of Use are governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any principles of conflict of laws. Any controversy or dispute arising out of your use of the Gorge Warehouse Websites shall be submitted, and you irrevocably consent, to the personal jurisdiction of any state or federal court located in, or whose district includes, Wasco County, Oregon, USA. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed removed and shall not affect the validity and enforceability of any remaining provisions. We reserve the right, in our sole discretion, to change these Terms of Use at any time. Updated versions of the Terms of Use will be posted here on the Gorge Warehouse Websites and are effective immediately. The date of the newest version is posted below. Please check back frequently, especially before you use the Gorge Warehouse Websites, to see if these Terms of Use have changed. Continued use of the Gorge Warehouse Websites after any changes to the Terms of Use constitutes your consent to such changes. "Free", as used on the Gorge Warehouse Websites and Gorge Warehouse's advertising, only means that Gorge Warehouse does not charge you anything for the explicitly specified product or service. Specified or unspecified third parties may charge you for their products or services. All such charges will be disclosed prior to your acquisition of the "free" products or services. Modified and effective December 27, 2005 8:30 AM PST (-0800) ----------------PRIVACY POLICY---------------- Thank you for visiting www.gorgewarehouse.com. We appreciate the opportunity to interact with you on the Internet and are committed to protecting and safeguarding your privacy. The purpose of this Privacy Statement is to inform you about the types of information we might collect from you when you visit the Gorge Warehouse Websites, how we may use that information, whether we disclose it to anyone, and the choices you have regarding our use of, and your ability to correct, that information. Any information we collect on the Gorge Warehouse Websites generally falls into the following two categories: Personally Identifiable Information and Aggregate Information. Personally Identifiable Information: This refers to information that lets us know specifically who you are. In general, you can visit the Gorge Warehouse Websites without telling us who you are or revealing any Personally Identifiable Information. You may, however, voluntarily provide Personally Identifiable Information (including but not limited to name, e-mail address, and country of origin) for us to contact you, including via e-mail, to respond to your comments or inquiries. In such event, we may maintain a record of your contact, including such Personally Identifiable Information, in a file specific to you. We use this information to provide better service in the event you contact us again. Aggregate Information: This refers to information that does not by itself identify you as a specific individual. Such information would include the Uniform Resource Locator ("URL") of the Website that referred you to the Gorge Warehouse Websites, your Internet Protocol ("IP") address (a number automatically assigned to your computer whenever you access the Web), your operating system and browser type, and any search terms that you enter on the Gorge Warehouse Websites. Our Web server may aggregate this information in order to monitor the level of activity on the Gorge Warehouse Websites, evaluate its effectiveness, and improve the content of the Gorge Warehouse Websites in order to make your visit an easy and enjoyable experience. We may collect, compile, store, publish, promote, report, or otherwise disclose or use any Aggregate Information, provided that such information does not personally identify you. We do not correlate any Personally Identifiable Information with the Aggregate Information that we collect on the Gorge Warehouse Websites. If we do correlate any Aggregate Information to you, it will be protected like any other Personally Identifiable Information under this Privacy Statement. Except as disclosed in this Privacy Statement, we do not sell, trade, rent, or otherwise retransmit any Personally Identifiable Information we collect online unless we have your permission. Any Personally Identifiable Information you provide to us will be stored in our databases in the United States. We may share Personally Identifiable Information you provide online with other Gorge Warehouse-related entities and/or trusted business partners with whom we collaborate on the Gorge Warehouse Websites functions and activities, as well as those that provide services to the Gorge Warehouse Websites. Where we engage non-affiliated third-party agents or contractors for these purposes, we will require them to protect the confidentiality and integrity of your Personally Identifiable Information and observe the intent of this Privacy Statement. From time to time, we may be required to provide Personally Identifiable Information in response to court order, subpoena, or government investigation. We also reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful. We may release Personally Identifiable Information when we believe that such release is reasonably necessary to enforce or apply our Terms of Use or to protect the rights, property, and safety of others and ourselves. Gorge Warehouse or its related entities could merge with or be acquired by another business entity, or its respective assets could be acquired. Should such a merger or acquisition occur, you should expect that we would share some or all of your Personally Identifiable Information to companies serving you and other users of the Gorge Warehouse Websites. Your permission is always secured first. We will not use or share the Personally Identifiable Information collected on the Gorge Warehouse Websites in ways unrelated to the purpose for which you provided the information, including those described above, without providing you a choice whether to permit any such unrelated uses. We take reasonable measures to ensure that any Personally Identifiable Information we collect on the Gorge Warehouse Websites is accurate, current, complete, and reliable for its intended use. If you wish to update or otherwise correct Personally Identifiable Information you have provided to us, you may contact us at privacy@gorgewarehouse.com. We acknowledge your trust and are committed to take reasonable steps to protect Personally Identifiable Information you provide online from loss, misuse, and unauthorized access. We employ physical, electronic, and managerial processes to safeguard and secure your information. A "cookie" is a small data file transferred to your computer's hard drive that allows a Website to respond to you as an individual, gathering and remembering information about your preferences in order to tailor its operation to your needs, likes and dislikes. Overall, cookies are safe, as they only identify your computer to customize your Web experience. Accepting a cookie does not provide access to your computer or any Personally Identifiable Information about you, other than the information you choose to share. Other servers cannot read them, nor can they be used to deliver a virus. Most browsers automatically accept cookies, but you can usually adjust yours (Microsoft Internet Explorer or Netscape Navigator) to notify you of cookie placement requests, refuse certain cookies, or decline cookies completely. The Gorge Warehouse Websites do send cookies to your computer's hard drive to enhance your experience when visiting the Gorge Warehouse Websites. Active-X programs and Java applets are executable programs transferred to your computer's hard drive that cause your computer to perform functions in connection with your visit to a Website. The Gorge Warehouse Websites does not transfer any Active-X programs or Java applets to your computer’s hard drive. The Gorge Warehouse Websites does not run non-affiliated third-party ads, nor do we use third-party media and research companies to place ads for us on other parties' Web sites. Links to third-party Websites may be provided solely for your information and convenience. If you use these links, you will leave the Gorge Warehouse Websites. This Privacy Statement does not cover the information practices of those Websites linked to the Gorge Warehouse Websites, nor do we control their content or privacy policies. We suggest that you carefully review the privacy policies of each website you visit. We take special care to protect the privacy needs of children and encourage parents to be an active participant in their child's online activities. The Gorge Warehouse Websites will not knowingly collect or maintain Personally Identifiable Information about minors. If we discover personal data from a child through the Gorge Warehouse Websites, we will eliminate that data. Any updates or changes to the terms of this Privacy Statement will be posted here on the Gorge Warehouse Websites and the date of the newest version posted below. Please check back frequently, especially before you submit any Personally Identifiable Information at the Gorge Warehouse Websites, to see if this Privacy Statement has changed. By using the Gorge Warehouse Websites, you acknowledge acceptance of this Privacy Statement in effect at that time of use. If you have any concerns about our use of your information or about this Privacy Statement, please send an e-mail to privacy@gorgewarehouse.com. We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention. Modified and effective 03/29/2008 11:21:58 AM -0800 ----------------AGREEMENT---------------- SELLER bargains sells and conveys all of SELLER'S right(s), title and interest in the goods described in the submitted and herein-integrated reseller_program.htm form [GOODS] to Kent Huxel DBA Gorge Warehouse [CONSIGNEE], his/her/their/its heir(s) and assign(s). The parties agree to the terms and conditions stated herein: SELLER warrants that there are no liens or encumbrances on the GOODS sold, and that SELLER'S title to the GOODS is clear and merchantable. SELLER shall defend CONSIGNEE from any adverse claims to SELLER'S title to the GOODS sold when applicable. SELLER desires to sell the GOODS on the terms stated herein. SELLER herewith grants a loan to CONSIGNEE in the proceeds of the sales of SELLER'S GOODS. SELLER acknowledges receipt of a total of zero dollars from CONSIGNEE in partial payment of the total sales price and, in addition, CONSIGNEE agrees to assume, pay and hold SELLER harmless from the disclosed liens herein. SELLER shall remain fully liable for any undisclosed liens or encumbrances. This agreement shall not be construed to provide a dealership or franchise in CONSIGNEE. Unless under a separate writing a dealership or franchise is provided, CONSIGNEE shall have no such rights under this agreement. SELLER shall pay freight for return. SELLER shall have the right to designate the carriers. Further, SELLER shall not be obligated to ship any further GOODS unless SELLER so desires. SELLER sells to CONSIGNEE the GOODS as described in this agreement. When applicable, the title to GOODS shall be transferred to and remain with CONSIGNEE at all times until a bona fide sale of the GOODS to the entity purchasing GOODS from CONSIGNEE. SELLER may not recall or take possession of the GOODS at any time except within 7 days of the scheduled expiration of this contract or until the date agreed to hereupon and under the terms and conditions herein. SELLER authorizes CONSIGNEE to acquire and possess the GOODS described in this agreement. Unless otherwise agreed upon, the transfer of ownership shall occur at SELLER's expense within 15 days from the date this agreement is entered into. SELLER shall bear all risk of loss of or damage to the GOODS not caused by the CONSIGNEE'S fault or negligence or as the case may be. CONSIGNEE shall represent and conduct a sale as a sale without reserve. CONSIGNEE shall conduct the sale to the best of his/her/their ability. All members of the public including CONSIGNEE, his/her/their interests, family, friends, agents or representatives shall be eligible to make a bona fide offer to buy GOODS. CONSIGNEE does not guarantee a sale or a minimum sale price, and CONSIGNEE is not responsible in the event SELLER fails to pay as agreed concerning any GOODS to be sold, or in the event of non-delivery of GOODS by SELLER. CONSIGNEE shall purchase all risk for SELLER's GOODS after delivery by SELLER to the place of sale. This contract shall not be rescinded, modified or voided at any time by any party except as agreed to by both CONSIGNEE and SELLER in writing and when CONSIGNEE and SELLER sign the document. If any part of this agreement becomes null and void, it shall not affect the validation or enforceability of the remainder thereof. In the event of any liability to be proven in a valid forum of competence, the actual liability shall be limited to the actual direct loss incurred and shall not include other losses incurred as a result of the initial loss. In the event of contravention of this clause, the contravening party shall compensate the other party a sum not to exceed five thousand dollars. SELLER shall lend sums of money to CONSIGNEE from time to time, including: At the time CONSIGNEE has sold GOODS, SELLER shall lend CONSIGNEE a sum equal to the total sale price [TOTAL PRICE] minus five (5) per cent at a fixed interest rate of 1 percent compounded monthly. This is equal to an ANNUAL PERCENTAGE RATE (as calculated under Regulation Z) of 12.67 %. The advance made herein shall be evidenced by a promissory note. The note shall be due, in full, on August 31, 2012. CONSIGNEE assigns to SELLER any and all deposits with SELLER as additional collateral to SELLER. Upon default, SELLER shall be entitled to set off the deposits in satisfaction of any sum due to SELLER by the CONSIGNEE. This note is payable in U.S. Dollars. At any time the maximum rate of interest applicable to this transaction shall not exceed the rate agreed upon in this agreement. Any sums paid in excess of the installment shall immediately be applied to principal. CONSIGNEE promises to pay to the Order of SELLER the sum of TOTAL PRICE, with interest thereon at the fixed rate of 12.67 per cent, per annum, simple interest; however, at no time shall the rate of interest charged herein exceed the applicable limit provided by controlling interest and usury statutes unless otherwise stipulated in this or other integrated contracts, documents, or forms. If interest is charged in excess of the applicable maximum rate, any overpaid interest shall be credited to principal retroactive to the date of payment. Upon default the note shall bear interest from the date of default at the fixed rate of 26.82%. THIS NOTE IS NON-RECOURSE, AND THE SELLER MAY NOT SEEK RECOURSE TO ANY PERSONAL ASSETS OF THE CONSIGNEE. CONSIGNEE does not agree to subject any of his personal assets to the payment of this debt. However, SELLER may seek to subject any and all security for this debt for foreclosure or other applicable legal or equitable remedies. SELLER shall be entitled to receive attorney's fees and other costs of collection, provided that the same shall only be collected from proceeds from foreclosure or other legal or equitable remedies related to security for this debt, if any. Such attorney's fees and collection costs shall not be a personal obligation of the CONSIGNEE and the CONSIGNEE'S personal assets shall not be subject to the payment of these sums, however any GOODS which are specifically pledged may be subject to foreclosure or other remedy allowed by law. Upon any default, CONSIGNEE agrees to pay a reasonable attorney's fee for any and all services of an attorney, whether in or out of court, and for appeal and post-judgment collection legal services. Said note shall be due in 1 installment in the amount of TOTAL PRICE. All payments received shall be credited first to interest and then to principal. Should CONSIGNEE fail to pay any installment when due, then SELLER shall have the option to accelerate the payment of the full principal sum and accrued interest payable, unless otherwise stipulated in this or other integrated contracts, documents, or forms. SELLER shall have the right for commercially reasonable causes, including but not limited to, the institution of litigation, the filing of tax liens, or any other objective sign of incapacity of the CONSIGNEE to pay the principal or interest due, to accelerate the payment of the full principal sum and accrued interest payable. SELLER waives diligence in collection of any indebtedness or other obligation guaranteed herein; notice of nonpayment, protest, notice of protest or other such notice; SELLER may grant renewals or extensions of the obligation or indebtedness; surrender or release any and all security or collateral; release co-guarantors if any; without affecting SELLER's obligations herein. Should there be any additional guarantor of the obligations of CONSIGNEE, whether in whole or in part, the death, release, or insolvency of any other guarantor shall not affect this guarantee. CONSIGNEE is prohibited from giving any warranty as to quality or description of SELLER's GOODS. Payment for GOODS can only be made with cash, cashier's or certified check, money order or by letter of credit from a bank that is reasonably acceptable to SELLER. SELLER shall cooperate with the interests of CONSIGNEE in discharging SELLER'S duties under this contract, and shall refrain from all acts that would interfere with CONSIGNEE'S performance of necessary duties. This constitutes the entire contract between the parties and any prior understanding or agreement before the signing of this document shall not be binding on either party except what is incorporated in this agreement. Acceptance of this offer shall only be on this form. Any terms contained on shipping receipts, or language within the manuals, or on the container on which the goods are shipped, shall not be operative to vary the terms of this agreement. This agreement shall be in force for a 120-day trial period beginning with the date CONSIGNEE obtains GOODS. At any time in the final 7 days of the trial period this agreement can be terminated by written notice of either party with GOODS to be transferred within 7 days of receipt of written notice at terminating party's expense. If notice is not given or if terminating party does not provide sufficient, reasonable means by which GOODS can be transferred within 7 days of receipt of written notice, this agreement will automatically extend for a 365-day period on its scheduled expiration date and will automatically continue in 365-day increments unless notice is given 14 days prior to the scheduled expiration of the existing contract. In the event GOODS have been sold to another party, SELLER'S rights to possession of GOODS shall be terminated immediately. In the event SELLER does not execute this contract at any time after submitting this contract and according to its terms without prior written approval from CONSIGNEE, SELLER agrees to pay CONSIGNEE a sum equal to the greater of 5% of the "Suggested Total Sale Price" of GOODS or $50, to be paid in full immediately upon notice of intent to revoke this transaction. This sum shall apply regardless of whether ownership or possession of GOODS has changed. The rights of CONSIGNEE under this agreement are personal to that party and may not be transferred to any other person, firm, corporation, or other entity without the prior express and written consent of SELLER. Completion and submission of this and other integrated forms, contracts, agreements and offers constitutes an offer of bona-fide sale. If so authorized by law, this contract overrules all applicable state and federal laws on an individual basis. The GOODS sold or otherwise transferred herein are sold or otherwise transferred "AS IS", "WHERE IS", "WITH ALL FAULTS" where applicable. A merchant in the field herein does not sell the GOODS. These goods are sold without UCC warranty of any kind, including fitness and merchantability for a particular purpose. CONSIGNEE acknowledges examining the GOODS sold herein. The parties below agree to the terms and conditions stated herein. SELLER further agrees to have kept a copy of this contract for his/her/its/their records. All copies of this and integrated contracts and agreements shall be as enforceable as the original except as required by law.
By e-signing this form in the space below, I understand and agree to all of the following:
[Home] [Contact Us] [Contents] [Search] [Jobs] [Vending] [Items Wanted] [Games]