Consignment agreement

The deal, in plain sight.

Every consignment at AuctionAxis runs under this agreement. It is written to be read — no gotchas on either side of the hammer.

Accepted at intake Governed by Ontario lawLast updated October 3, 2026

Before you sign — the short version

  • You own it, you can sell it, and you've told us everything — title, liens, damage, history.
  • Every lot sells as is, where is, described honestly.
  • You pay one flat listing fee. No commissions. If it doesn't sell, we re-offer it free for 60 days.
  • You approve the listing before it runs. You get paid within 5 business days of the buyer's money clearing.
  • You insure your lot while it's with us. We take reasonable care of it.

The full agreement follows. It is a template we use as the basis of every consignment — where your situation needs something different, we put it in writing with your listing and that writing governs. This document is not legal advice; you may want your own advisor to review it before you consign.

1

The agreement

This Consignment Agreement ("Agreement") is between you ("Consignor") and AuctionAxis, the regional auction service based in Welland, Ontario, Canada ("Auctioneer"). It applies when you submit a consignment through our intake form, in person, or by any other channel, and is accepted when you tick the agreement box on the intake form or otherwise deliver the lot to us for sale.

Submitting the intake form starts the conversation; the Agreement becomes binding when we both confirm the listing for auction. If anything in a separate written confirmation conflicts with this Agreement, the separate confirmation governs for that lot only.

2

Authority to sell

You confirm that you are the outright legal owner of the lot (or its duly authorized agent), that you have the right to sell it, and that it is not stolen, subject to an undisclosed lien or encumbrance, subject to an unreleased lease or financing, or the subject of any dispute. For vehicles, you confirm the vehicle identification number (VIN) is intact and matches the ownership documents.

If a lien or financing exists, you must disclose it before listing. We may, at our discretion, agree to sell an encumbered lot and settle the payout directly with the lienholder from proceeds.

3

Disclosures — your responsibility

You must disclose, in writing through the intake process, everything a buyer would materially want to know: accident and damage history, repairs, mechanical faults, odometer reading and any discrepancy in it, title status (clean, rebuilt, salvage, branded, imported), and for vehicles sold in Ontario, anything required to be disclosed under the Motor Vehicle Dealers Act, 2002 (MVDA) and its regulations.

We write the condition report from your disclosures and our own inspection. The report combines what you tell us with what we observe — you are responsible for the accuracy and completeness of what you supply. A disclosure you make to us is not private from buyers: it goes into the listing.

4

As is, where is

Every lot is sold "as is, where is", with no warranty of any kind by the Auctioneer or the Consignor, except what the listing and condition report expressly state and whatever non-warranty rights Ontario law gives buyers that cannot be excluded.

You agree to indemnify and hold the Auctioneer harmless from claims by buyers or third parties arising from the condition, description, history, or ownership of the lot, except to the extent the claim arises from our own written condition report being inaccurate through our own inspection error.

5

Fees

Consignors pay a flat listing fee per lot — the amount shown at the time you list (the founding rate is $149.99 CAD per lot). The fee covers listing, photography coordination, the auction run, and settlement coordination. It is payable when the listing goes live and is non-refundable once the lot has appeared in an auction, whether or not the lot sells.

Buyers pay a disclosed buyer's fee (currently 8% of the hammer price) plus a $58.95 CAD Carfax vehicle-history fee, with applicable taxes extra, on top of their bid. The buyer's fee is the Auctioneer's compensation; your proceeds are the hammer price, less the listing fee you have already paid. If the listing fee was not paid up front, it is deducted from your settlement.

Optional add-ons you choose at intake — a professional condition report ($99 CAD) or a reserve price ($399 CAD) — are added to your listing fee and are payable with it when the listing goes live.

There are no commissions, percentages, or success fees on your side beyond the flat listing fee and any add-ons you selected. If a lot needs services you separately request (transport, storage beyond the pickup window, reconditioning), those are quoted and agreed in writing before they are incurred.

6

Reserve, bidding, and the hammer

Unless we agree otherwise in writing, lots sell without reserve to the highest approved bidder. If you want a reserve (minimum) price, it must be agreed with us in writing before the lot is listed; we may decline lots whose reserve we judge unrealistic for the market.

Bids are binding on the bidder. Our auctions use a soft close: a bid inside the final moments extends the closing time so everyone gets a fair chance to respond. The Auctioneer may refuse or cancel any bid, reopen a disputed bid, or cancel a sale where we reasonably believe the bidding was not genuine.

7

If your lot doesn't sell

A lot that closes without a winning bid may be re-offered in a later auction at no additional listing fee, for up to 60 days from the original listing, unless you tell us to stop. After 60 days, or if you withdraw the lot, you can pick it up or we can agree a new listing.

If you ask us to stop offering the lot, we will remove it from upcoming auctions. The listing fee is not refunded.

8

After the hammer: payment and pickup

When your lot sells, we collect payment from the buyer and coordinate pickup and transport. You release the lot and its paperwork to the buyer (or their transporter) only through us, once the buyer's funds have cleared.

We pay your settlement — the hammer price less any amounts you owe us — within 5 business days of the buyer's funds clearing and the lot being released. Payment goes by the method you gave us at intake; tell us promptly if your banking details change.

Pickup and release normally happen within 7 calendar days of the auction closing. Lots left with us beyond that window may attract storage charges of $25 CAD per day, which we will always flag to you in writing before they start, and which come out of your settlement or are payable before the lot is returned to you.

9

If the buyer defaults

If a winning buyer fails to pay, we may cancel the sale and re-offer the lot. If the re-offered hammer price is lower, the difference is the buyer's default, pursued against the buyer — not against you. Your listing fee remains spent, and we will re-offer the lot at no extra charge. Where a defaulting buyer's deposit or other recovery makes you whole, we pass that recovery to you.

10

Risk and insurance

The lot remains at your risk (including against fire, theft, and damage) until the hammer falls; from the hammer it is at the buyer's risk. While the lot is on our premises or in our custody, we take reasonable care of it, but you remain responsible for insuring it to its full value — our coverage does not extend to consignors' property.

11

Compliance

You agree to provide the documents and signatures reasonably needed to complete the sale and transfer of ownership, including any used vehicle information package disclosures that apply to the lot.

You confirm the information and documents you provide are accurate and complete, and you will promptly correct any disclosure you identify as missing or wrong.

12

Withdrawal and termination

Either side can end this relationship for a lot at any time before the listing goes live, at no cost. Once the listing is live, the listing fee stands and the lot may be withdrawn under section 7. We may decline or terminate a consignment at any time — before or during an auction — if it fails our standards for title, disclosure, legality, or safety, in which case the listing fee is refunded unless the problem was a disclosure you made falsely.

13

General

This Agreement is governed by the laws of Ontario and the federal laws of Canada applicable there. If any part of it is unenforceable, the rest stands. We may update this Agreement; the version in force when your listing is confirmed is the one that applies to that lot. Questions about these terms: contact us through the site before you list.

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