Bedford, NH
Phone: 617-285-1995


Customer Agreement:

Terms and Conditions

  1. Services
    By signing this Agreement you authorize QuikDrop to provide the following services in accordance with the terms and conditions of this Agreement, to (i) receive and store the Goods listed on the reverse side if this page (the Goods), (ii) list, offer and sell the Goods on eBay, (iii) deliver the Goods to the buyer, if any, and (iv) collect the sales price from the buyer, deduct QuikDrops' sales fee and forward the remainder of the sales price to Seller in accordance with the “Services” below.
  2. Binding Bids
    Seller is obligated to complete the transaction with the highest bidder upon the listings completion, unless there is an exceptional circumstance, such as, (a) the buyer fails to pay for the Goods, or (b) QuikDrop cannot authenticate the buyer's identity.
  3. Unsold Goods
    1. eBay Auction Items - Should the Goods fail to sell at the 1st auction, Seller hereby authorizes QuikDrop to re-list the Goods on eBay (or other selling venue) at a lower starting price. If Seller does not want the Goods re-listed, they must inform QuikDrop of this within 24 hours of the end of the listing. QuikDrop is not obligated to re-list the Goods a second time. Seller has fourteen (14) days from the end of the listing to pickup the Goods. If Seller does not pick up the Goods, QuikDrop is authorized to dispose of the Goods.
    2. eBay Store Items - Should the Goods fail to sell within 30 days of listing, Seller hereby authorizes QuikDrop to re-list the Goods on eBay (or other selling venue) at a lower starting price. If Seller does not want the Goods re-listed, they must inform QuikDrop of this within 24 hours of the end of the listing. QuikDrop is not obligated to re-list the Goods a second time. Seller has fourteen (14) days from the end of the listing to pickup the Goods. If Seller does not pick up the Goods, QuikDrop is authorized to dispose of the Goods.
    3. Craigslist Items - Should the Goods fail to sell within 30 days of listing, Seller hereby authorizes QuikDrop to re-list the Goods on Craigslist (or other selling venue) at a lower starting price. QuikDrop will continue to lower the price on a monthly basis until the Goods are sold. If the Goods are not sold within 6 months, the Seller will pick up the Goods or QuikDrop is authorized to dispose of the Goods.
  4. Payment to Seller
    As consideration for the Services, Seller agrees QuikDrop will be entitled to collect a sales fee (Sales Fee) according to the following formula: thirty eight percent (38%) of the first $200 of the sale price for which the Goods are sold (the Sales Price) plus thirty four percent (34%) of the next $300 of the Sales Price plus twenty five percent (25%) of the remaining Sales Price over $500 plus any eBay charges incurred in the process of listing the Goods. Following receipt by QuikDrop of the Sales Price from the buyer, QuikDrop is authorized by Seller to deduct the Sales Fee from the monies received and forward the remainder to Seller at the address listed on this page, within fourteen (14) days from the date of receipt of the Sale Price.
  5. Bailment Relationship
    The relationship between the Seller and QuikDrop is that of a bailor and bailee in which the bailor (Seller) deposits his personal property (Goods) with the bailee (QuikDrop) for the purpose of listing and selling the Goods to third parties through eBay. Nothing contained herein will be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
  6. Title and Risk of Loss
    Title and risk of loss for the Goods remains with Seller until such time as the Goods are delivered to a carrier for delivery to the buyer. Title and risk of loss will not transfer to QuikDrop at any time. Title to Goods shipped will pass directly from Seller to a Buyer.
  7. Seller's Warranty of Goods
    Seller warrants that (i) Seller has all the necessary rights and authorization to produce and distribute the Goods and to permit QuikDrop to offer, sell and deliver the Goods to any third party, (ii) the Goods and the rights granted under this Agreement do not infringe the proprietary rights of any third party, and (iii) the description of the Goods is truthful, accurate and complete. Seller represents and warrants that description of the Goods and the Goods will not: Be false, inaccurate or misleading; Be fraudulent or involve the sale of counterfeit or stolen items; Violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; Be obscene or contain child pornography or otherwise adult in nature or harmful to minors.
  8. Breach
    Without limiting other remedies, QuikDrop may immediately remove Seller's Goods listings from eBay, temporarily suspend, indefinitely suspend or terminate the Services and refuse to provide future Services to Seller if (i) Seller breaches this Agreement, (ii) QuikDrop is unable to verify or authenticate any information Seller provides to QuikDrop, (iii) QuikDrop believes that the Seller's actions may cause financial loss or legal liability for the Seller, QuikDrops' users or QuikDrop stores, or (iv) QuikDrop suspects that Seller (by conviction, settlement, insurance or escrow investigation, or otherwise) has engaged in fraudulent activity in connection with the Goods, QuikDrop or eBay.
  9. Indemnity
    Seller agrees to indemnify and hold QuikDrop and (as applicable) QuikDrops parent companies, subsidiaries, affiliate's, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due, connected to or arising out of Sellers breach of this Agreement, or Seller's violation of any law or the rights of any third party.
  10. Warranty Disclaimer
    QuikDrop PROVIDES ITS SERVICES “AS IS” AND ANY WARRANTY OR REPRESENTATION AS TO THE SERVICES, EXPRESS, IMPLIED OR STATUTORY. QuikDrop SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO SELLER. THIS WARRANTY GIVES SELLER SPECIFIC LEGAL RIGHTS AND SELLER MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
  11. Waiver of Consequential Damages
    IN NO EVENT WILL QuikDrop BE LIABLE TO SELLER FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR ITS TERMINATION, REGARDLESS OF THE FORM OF ACTION (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER QuikDrop AS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
  12. Liability Cap
    QuikDrops liability, and the liability of its employees and suppliers, to Seller or any third parties in any circumstance is limited to the greater of (i) the agreed upon value of the applicable Goods, as stated on the Reverse Page, or (ii) $100. Some states to not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Seller.
  13. Release
    Seller releases QuikDrop and eBay (and QuikDrops' parent, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, rising out of, resulting from or in any way connected with the Services.
  14. Term
    The term of this Agreement will commence upon the effective date and unless terminated earlier in accordance with the terms of this Agreement, will continue until all Goods accepted for listing by QuikDrop under this Agreement are sold and delivered, returned to Seller, or disposed of in accordance with Section 3, but in no event more than 60 days from the Effective date. This Agreement may be terminated by QuikDrop without notice, for any reason or no reason, at any time.
  15. Survival of Certain Terms
    The following sections will survive the termination of this Agreement for any reason: Reverse Items, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15 and 16. All other rights and obligations of the parties will cease upon termination of this Agreement.
  16. General
    This Agreement will be governed in all respects by the laws of United States of America and in the state of Massachusetts as such laws are applied to agreements entered into and to be performed entirely within Massachusetts between Massachusetts residents. All notices are requests will be in writing and will be sent by facsimile, or recognized commercial overnight courier. Notices will be deemed received upon receipt of written confirmation of transmission when sent by facsimile, or signing for receipt of delivery if sent by overnight courier. Notices will be sent to the parties at the address set forth in the signature block, below. The failure of either party to require a performance by the other party of any provision hereof will not affect the full right to require such performance at anytime thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to the waiver of the provision itself. In the event that any provision of this Agreement will be unenforceable or invalid under any applicable law or be so held by applicable Court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and, in such event, such provisions will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. This Agreement and the exhibits hereto, constitute the entire Agreement between the parties with respect to the subject matter hereof. This Agreement supersedes, in the terms of this Agreement govern, any prior or collateral agreements with respect to the subject matter hereof with the exception of any prior confidentiality agreements between the parties. This Agreement may only be changed by mutual agreement of authorized representatives of the parties in writing.



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