Supply of Goods or Services
STV machinery is a division of Peps International Ltd registered in England number 02531773 hereafter known as the agent.
- Sole Agency: The seller agrees the agent has sole rights to sell the equipment. Any commission agreed in the agreement will be payable if the seller sells the equipment to a buyer not introduced by the agent during the agreed sole agency period.
- Multiple Agency: The agent agrees to waive all commission rights if the seller sells the equipment to a buyer not introduced by the agent during the agreed multiple agency period.
The seller and agent agree to the following terms and conditions:
- On behalf of the seller and with their consent the agent will use their best endeavors to sell the equipment detailed on the agreement.
- For a period no less than 12 weeks as a Multiple Agency agreement or 4 weeks as a Sole Agency agreement the agent will promote the sellers equipment by one or in some cases all of the following methods: direct mail, advertising in trade magazines, via the agents’ internet marketing at www.stvconnect.co.uk or telemarketing campaign.
- Prior to offering the equipment, the seller will provide an accurate assessment of the condition of the machinery according to the definitions laid out by the agent. The purpose of the assessment is to provide to any potential purchaser a guide to the serviceability of the said equipment.
- The seller will provide the agent with a guide-selling price. On completion of the assessment and based on the condition of the equipment the agent will advise the seller if the guide price is realistic. Both parties will agree on the upper and lower price limits.
- The seller can negotiate the final selling price directly with the buyer and is not bound by the upper and lower price limits, however the minimum commission due to the agent will be no less than £1000 + VAT per item, unless agreed otherwise and confirmed in writing by the agent to the seller.
- On completion of the sale the seller will invoice the buyer directly and at the same time will provide the agent with a copy of the sales invoice.
- The agent will invoice the seller 17% of the final selling price (unless a sole agency agreement is in place which reduces the standard commission rate to 15% or the agreed minimum commission or any other commission structure agreed otherwise and confirmed in writing by the agent to the seller) once the buyer has made a formal offer to purchase which has been confirmed by both seller and buyer. Payment of this invoice will be due immediately upon receipt of full payment to the seller from the buyer. The agent reserves the right to demand full payment of the agreed commission if for any reason the seller withdraws from the sale after the buyer and seller have agreed the sale.
- The seller undertakes the following guarantee to the agent:-
- The price shown on the seller’s invoice will be the true price for the equipment. No additional monies, goods or services will pass between the seller and buyer relating to the sale/purchase of the equipment for the purpose of reducing the commission payment to the agent.
- The seller will pay to the agent the agreed commission if the equipment is sold to a buyer introduced by the agent or an associate of the buyer or an associate company of the buyer within 6 months from the first introduction.
- The seller has the right to sell the equipment, there being no lien or charge by a third party such as a finance company or the seller undertakes to settle any such charge in full and with immediate effect with the sale proceeds.