Agreement
By submitting the associated Listing Form to The Agency’s website, https://coffeeroasterservices.co.uk/, the Vendor agrees to the following terms and conditions.
1. Vendor Obligations and Equipment Representation
1.1. Accuracy of Information: The Vendor warrants that all information provided in the Listing Form (including, but not limited to, make, model, year, condition, price, and operational status of the Equipment) is true, accurate, and complete.
1.2. Ownership and Authority: The Vendor warrants that they are the legal owner of the Equipment or have full and legal authority to sell the Equipment, and that the Equipment is free from all liens, encumbrances, and security interests.
1.3. Condition of Equipment: The Vendor acknowledges that the Equipment is sold “as is, where is” unless otherwise explicitly stated in writing, and agrees to promptly inform The Agency of any changes in the Equipment’s condition or availability.
2. Exclusive Listing & Marketing Rights
2.1. Exclusive Agency: The Vendor hereby grants The Agency the exclusive right to advertise, market, and solicit offers for the sale of the Equipment for a period of 2 months starting from the date the listing is accepted and published (“The Exclusive Period”).
2.2. Non-Circumvention: The Vendor agrees that during The Exclusive Period, The Agency is the only partner the Vendor will use to advertise the Equipment.
2.3. Notification of Alternative Listings: The Vendor must immediately notify The Agency in writing if they plan to list the Equipment elsewhere. Listing the Equipment with any other party (including but not limited to other coffee equipment or catering equipment websites, auctioneers, online marketplaces like Facebook, eBay, Gumtree, or similar platforms) during The Exclusive Period may result in the immediate termination of this Agreement by The Agency, and The Agency may be unable to continue its support or listing of the Equipment.
3. Commission and Payment
3.1. Commission Rate: The standard commission rate payable to The Agency by the Vendor is 10% (Ten Percent) of the final agreed sale price of the Equipment (the “Commission”).
3.2. Superseding Agreement: This 10% rate applies unless otherwise explicitly agreed upon in writing between The Agency and the Vendor, documented in a separate, superseding agreement.
3.3. Commission Trigger: The Commission is payable by the Vendor to The Agency upon a successful, agreed sale of the Equipment, provided The Agency has been involved with the sale. Involvement includes, but is not limited to, the following:
- Leads generated directly from The Agency’s website.
- Enquiries resulting from The Agency’s marketing or advertising efforts.
- Introductions made through spoken word, email, or other communication channels with The Agency’s network of customers, industry contacts, and coffee businesses.
3.4. Payment Term
The Commission shall be paid by the Vendor to The Agency within 14 days of the completion of the sale and transfer of funds to the Vendor.
4. Sale Process & Liability
4.1. Negotiation and Final Sale: The Agency will facilitate inquiries and connect potential buyers with the Vendor. The final negotiation, sale contract, transfer of funds, payment terms, and logistics (such as de-installation, packing, shipping, and collection) remain the sole responsibility of the Vendor and the Buyer.
4.2. Limitation of Liability: The Agency acts solely as an intermediary to facilitate the connection between the Vendor and the Buyer. The Agency is not liable for any claims, damages, losses, or disputes arising from the sale, the condition of the Equipment, or the transfer of funds.
5. Termination
5.1. Mutual Agreement: This Agreement may be terminated at any time upon mutual written consent of both parties.
5.2. Termination by Agency: The Agency may terminate this Agreement immediately if the Vendor breaches Section 2 (Exclusive Listing & Marketing Rights) or Section 1.2 (Ownership and Authority).
5.3. Commission Survival: In the event of termination, the Commission (10%) remains payable to The Agency if the Equipment is sold to a buyer introduced by The Agency within 6 months following the termination date.
Acknowledgement
By submitting the associated Listing Form, the Vendor acknowledges that they have read, understood, and agree to be bound by the terms and conditions set forth in this Used Coffee Roaster Listing & Sales Agreement.