Easyauto+

Vendor Terms and Conditions

Vendor Program Overview

The vendor program can help you earn money by having your manufactured items (each an "Item" and collectively, "Items") sold on easyautoplus.com. Authorized easyautoplus third party processors (each referred to in this Agreement as a "vendor") will assist in obtaining your Items by providing you a shipping label to send your Items in. Alternatively, you can drop off your Items at designated retailers in certain areas. A vendor will then list and attempt to sell your Items on easyautoplus.com on a consignment basis.

Third Party Services

The services the vendors provide you under this Agreement are collectively referred to as the "Services". A vendor will offer you the Services if you agree to be bound by this Agreement. Vendors reserve the right to amend, cancel or alter these Services at their discretions. The Services are being provided to you by the vendors (each listed at the end of these Terms of Use) and not by easyautoplus Marketplace Online Inc. ("easyautoplus"). Vendors are not agents of easyautoplus. easyautoplus does not take possession of the Items you want sold. You have ultimate control over an Item that has been listed and may withdraw a listing by contacting the vendor at 516-986-8282 / 302-566-5208 or sent email to Easyautoplus at Service@easyautoplus.com

THE USE OF THE SERVICES IS GOVERNED BY THESE TERMS OF USE ("AGREEMENT"). PLEASE READ THIS AGREEMENT CAREFULLY. BY CONSENTING TO THIS AGREEMENT, YOU ARE CONSIGNING YOUR ITEMS TO BE SOLD BY A VENDOR ON EASYAUTOPLUS.COM.

THE AGREEMENT MAY BE AMENDED AT ANY TIME BY POSTING THE AMENDED TERMS. EXCEPT AS STATED BELOW, THE AMENDED TERMS WILL AUTOMATICALLY BE EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED.

THERE IS NO GUARANTEE THAT YOUR ITEM WILL BE LISTED OR THAT YOUR ITEM WILL SELL ONLINE .

Your Representations and Warranties

You, (the "Consignor") represent and warrant that you: (A) are a manufacturer or Distributor of your listing item products; (B) are the lawful owner or Authorized agent of each Item you are consigning and have all the necessary right, title, and authorization to consign such Item and permit the vendor to offer, sell, and deliver the Item to any third party; and (C) your Items are not counterfeit and do not infringe the proprietary rights, including, without limitation, copyrights, patents, domain names, trademark rights or any other intellectual property rights, of any third party. If you breach any of the above representations and warranties, you may be ineligible to participate in the Program or use easyautoplus in the future. In addition, vendors are under an obligation to share information regarding such potential or actual breach with easyautoplus, in which case easyautoplus may restrict or suspend your seller account activity on the easyautoplus website. In addition, easyautoplus may restrict or suspend your selling activity on the easyautoplus website and suspend or remove a listing, if an item is reported by a third party as infringing the proprietary or intellectual property rights of such third party.

Items Eligible for the Program

Items eligible for the Program include Auto Parts, accessories & electronics, outdoor sporting goods, gently used or brand new Tires and more. See the list of Items that sell well. Vendors will NOT accept anything weighing over 1000+ pounds, any items that are prohibited from sale on easyautoplus, as well as the excluded items listed here.

For a list of easyautoplus's prohibited items, see: http://pages.easyautoplus.com/help/policies/items-ov.html#prohibited, and for easyautoplus's rules about intellectual property, see http://pages.easyautoplus.com/help/policies/intell

Vendors will NOT accept more than three of the same Item. Vendors reserve the right to reject any of your Items, including your eligible Items, if they believe that the Item will not successfully sell on easyautoplus.com.

Liability for Loss or Damage

Items will be insured by a vendor during transport and storage at the vendor's facility while the Item is in vendor's possession. You will be reimbursed for any Item that is lost, damaged or stolen while in the vendor's possession. While items are stored at a retail drop-off center, the retailer is responsible for any loss or damage of your Items.

The vendor's or retailer's aggregate liability to you or any third party in any circumstance for each Item is limited to the price at which the Item sold on easyautoplus.com and if not sold, the average selling price for virtually the same item (with the same features and in the same condition) on easyautoplus.com over the 90 days prior to the determination.

The vendor shall not be responsible for any loss or damage to Items resulting from the following:

a. Caused by or resulting from inherent vice, wear and tear, rust, corrosion, decay, deterioration, hidden or latent defect;

b. Caused by or resulting from fungus or mold (unless such fungus or mold is in the vendor's property)

c. Caused by or resulting from the seizure or destruction of property by order of governmental authority

d. Caused by or resulting from war, military action, rebellion or revolution.

e. Mechanical or electrical derangement of Items unless evidenced by external damage to such Items.

It is your responsibility to package the Items you mail in properly. Once the package is scanned into the shipping carrier's system, your Items are covered up to $300 through the shipping carrier's standard claims procedure. You may be able to purchase additional insurance from the shipping carrier.

For items that you drop off at an easyautoplus Drop-off Center (Local Agent) location, the shipping carrier will be responsible for risk of loss for an item during the period beginning from acceptance of your Item (as evidenced by the receipt of the order summary for the Item(s) which you receive via email) and ending on receipt of the Items by vendors. Your entire order is covered up to $300 through the shipping carrier’s standard claims procedure. You may not be able to purchase additional insurance from the shipping carrier.

If there is no scan showing the shipping carrier received the package, then the vendor and the shipping carrier are not liable for any lost, damaged or stolen boxes. The vendor only accepts responsibility for the Items it receives. If you believe your item was lost, damaged or stolen then please contact the Program back to back accordingly.

What determines How Much Your Items Sell For

Items will be listed on easyautoplus.com, where they will be exposed to easyautoplus's global buyer base. The vendor will determine, in its sole discretion, whether your Item will be most likely to sell successfully via fixed price format. the Item is listed via fixed price, the price will be determined based on the asking price set by the vendor. The vendor will use its expertise and other comparable items on easyautoplus.com to set the asking price for a fixed price listing.

What happens if Your Items Sell

If your Items sell, the vendor will send a payment to you via PayPal for between 96% and 99% of the sale proceeds (excludes Handling Expense,Tax and international & Oversea surcharge shipping) of your sold Items, depending on the final sale price of each Item, no later than 2 business days after each item is sold and paid for by the buyer. You need a PayPal account to access the sent payment. The vendor will deposit any payments via PayPal using the email address you have provided. If you don't have a PayPal account, you can apply a PayPal account via easyautoplus.com or you will receive an email that tells you how to set-up a PayPal account to access your money. PayPal is the main payment method available in this Online Program but you also can access your payment by Zelle, Quickpay, etc. via easyautoplus.

The vendor will be responsible for shipping your Items to the buyer. If the buyer returns an Item, that Item will be the property of the vendor and the vendor will decide what to do with the Item. You will generally not be asked to return any payment in case of the return of an Item by a buyer, except in cases of your breach of the representations and warranties above (including, without limitation, if your Item was counterfeit, stolen or non-functional).

Prohibition on Shill Bidding

Shill bidding is prohibited for your items listed through the Program. For more information on shill bidding, see our policy page here: http://pages.easyautoplus.com/help/policies/seller...

What happens if Your Item(s) Don't Sell/Are Not Sellable

The vendor will use its expertise to decide in its sole discretion whether an Item will successfully sell on easyautoplus.com. Some Items may not be sold on easyautoplus.com for various reasons including, but not limited to, instances where there are questions about the safety, authenticity, or the legality of selling such Items online. If the vendor determines that an Item is not sellable or if the Item doesn't sell after being listed on easyautoplus.com, you will be notified. Ineligible items and unsold items will be mailed back to you if you join to our FEB program.

If a vendor determines in their sole discretion that an Item poses a significant trust and safety risk, such as an illegal item or a counterfeit, the vendor has an obligation to properly dispose of the Item, in which case the Item cannot be returned to you. You release the vendor from any liability surrounding this determination.

Fees for the Program

At this time, the only costs to you are the 1-5% fee charged by easyauto+ for listing and sold your items. As noted above, you will receive 95-99% of the proceeds from the sale of your Items depending on the final sale price of each Item. The fees for the Program may change from time to time and will be published as part of these terms.

Privacy

The vendor will collect your name, address, phone number, email address and PayPal email address ("your personal information") for participation in the Program. Your personal information will be used only to provide you the Services and any additional services you request. The vendor may share your personal information with easyautoplus Inc. in order for them to measure and improve the Program and their related services and for trust and safety purposes. The vendor may also share your personal information with service providers who help with its business operations.

The vendor does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. The vendor may combine your information with information collected from other companies and use it to improve and personalize services and advertising.

No Agency

This Agreement in no way constitutes or gives rise to an agency, partnership, joint venture or other relationship between the parties. The vendor and you each will operate under the terms of this Agreement as an independent contractor and not as an agent for the other. A vendor is the consignee and you are the consignor with respect to your Items. Also, the vendor offers the Services independent of easyautoplus.

Breach

Without limiting other remedies, the vendors may immediately terminate the Services, and refuse to provide future Services to you if: (A) you breach this Agreement, (B) a vendor believes that your actions may cause financial loss or legal liability to you, the vendor, easyautoplus or any of their affiliates or customers, or (D) a vendor suspects that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Item(s).

Indemnity

You agree to indemnify and hold the vendors and their respective 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 your breach of this Agreement, or your violation of any law or the rights of any third party.

Warranty Disclaimer

The vendors provide their Services "as is" and "as available" and without any warranty, condition or representation as to the Services, of any kind, express, implied or statutory. The vendors specifically DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. In addition, to the extent permitted by applicable law, vendors are not liable, and you agree not to hold vendors responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, consequential, or punitive damages) resulting directly or indirectly from the Services or your use of the Program.

Some states do not allow the disclaimer of implied warranties or exclusion of damages, so the foregoing disclaimer may not apply to you in such states. You may also have other legal rights that vary from state to state.

Regardless of the previous paragraphs, if vendors are found to be liable, such liability to you or to any third party is limited to the greater of (a) value of the Items you attempted to consign (if not sold on easyautoplus.com, based on average selling price of comparable items sold on easyautoplus.com in the previous 90 days) and (b) $500.

General

Easyautoplus may provide The third party Services under this Agreement according to your additional request or FBE (Fulfillment By Easyauto+) agreement.

This Agreement will be governed in all respects by the laws of the United States of America and the State of Delaware and that both parties waive any rights to a trial by jury. All notices or requests pertaining to this Agreement will be in writing and will be sent by email, facsimile or recognized commercial overnight courier. Notices will be deemed received upon receipt of written continuation of transmission when sent by facsimile or signing for receipt of delivery if sent by overnight courier. Notices will be sent to you at the addresses provided. The failure of either party to require performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a 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 constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes, and the terms of this Agreement govern, any prior or collateral agreements with respect to the subject matter hereof.

Last updated: September 2017