The Exchange Club User Agreement
As a participant in the The Exchange Club Meeting, I/We understand
and agree to the following:
1. If I/We make an offer with goods or services that is accepted, I/We will honor the outcome just as though it were at a cash auction.
2. If I/We offer our items/services in the form of certificates such certificates may be used as currency to buy other items/services at the The Exchange Club exchange meeting. I/We understand that the value of the certificates offered must be of the same current market value as any similar items/services offered for sale by me/us or our business. It is understood that certificates are 100% transferable, unless otherwise stipulated prior to the bidding process, to other parties after the exchange meeting and will always be honored in the same appropriate manner. The current holder of the certificate does not need to disclose the fact that they will be using the certificate as currency when pricing the goods or services entitled to under our certificate. I/We agree to deliver any certificate services on a timely basis as would be customary to any other existing customer.
3. I/We understand that the The Exchange Club software has been successful in similar meetings in finding multiple exchanges so that a maximum number of participants as possible can receive at least one of the items or services that would complete a successful transaction for each participant. The ability for a successful transaction is dependent on many factors including the number of taker bids that I/We present at the meeting. I/We understand that only one party can be successful on each item or service. There can only be one successful bidder per item/service. I/We agree to be bound by those results of The Exchange Club exchange transaction. I/We understand that The Exchange Club makes no guarantee of a successful exchange involving my product or service. If our offer is accepted, I/We will honor the outcome just as though it were at a cash auction.
4. I/We understand that if this is a "Balanced Equity" session and if the item/service I/We are a taker for, is valued more than the item/service I/We are offering then I/We agree to balance the equities with cash, or check. Likewise I/We understand that if I/We receive a bid item or service valued less than the item/service being offered I/We will receive the difference in cash if an exchange is successful. It is understood that all checks will be deposited for collection on the following business day.
5. I/We will not hold The Exchange Club responsible for any disputes arising from the sales or purchases made at this meeting. The Exchange Club is simply a facilitator to help make transactions and has no authority or responsibility to be an arbitrator in any dispute.
6. I/We understand that I/We should contact our tax counsel or local taxing authority regarding income or sales tax liability that we may be responsible for. I/We understand that these are my/our responsibilities and not those of The Exchange Club Technologies.
7. I/We understand that there is an upfront registration/catalog fee that will vary depending on the meeting plus an additional fee for each additional item/service certificate that I/We bring to the meeting. I/We agree to read fully all instructions for each meeting and comply with all fees and agreements as presented at registration. It is understood that I/We will have any registration fees fully refunded if an exchange is not completed. The only other fee is a success fee that can be from 5% to 20% depending on the item, commodity or service. Unless otherwise noted, the fee will be 5% if you list your item/service prior to the last meeting noted. I/We understand that the success fee is only paid when a transaction is successful and payable at closing. Payment of applicable taxes for the certificate value is the responsibility of the certificate holder.
8. I/We understand that if I/We are unable to attend a particular meeting of The Exchange Club that it is possible for professionals at The Exchange Club to bid on our behalf for items or services that we anticipate being available at the next meeting. I/We agree to execute appropriate proxies to be given to the The Exchange Club professionals that guarantee our performance on any transactions found at the meeting. The Proxy document must be signed. I/We agree to Bid ONLY on what we want or can use in our business and understand that The Exchange ClubTechnologies is not liable for any mistaken bids or misunderstanding on items/services being offered by participants in the meeting.
I/We understand
that I/We are fully responsible for any bids given at a meeting and
shall perform as required at any other normal "buyer-beware" auction
or sale. I/We understand that all representations on items/services
are the responsibility of the Seller of that item/service andTechnologies accepts no liability for quality of item or service performed.
Rules are subject
to change depending on different needs and requirements pertaining to
specific markets. There will be no consignment fee with equine/stock.
There will only be a flat processing fee in addition to the registration
fee.