Consignment Agreement
_____________ (“Consignor”) and Dutch Auction Sports Cards (“DASC”) hereby agree as follows:
1. Purpose and Scope of Agreement
Consignor and DASC enter into this agreement for the purpose of selling sports cards. The nature of the agreement is that DASC will be responsible for selling sports cards belonging to Consignor, endeavoring to maximize the net proceeds to be returned to Consignor, in exchange for agreed-upon compensation.
2. Limitation of Scope of Agreement
DASC does not agree to provide any other services to Consignor. DASC specifically does not agree to provide appraisal services per se, except insofar as an element of appraisal is required to consign sports cards. This agreement may not be used as an end-run around a bona fide consignment agreement in order to achieve appraisal. DASC does not agree to ship sports cards at its own expense; all shipping expenses of whatever kind or purpose are incurred by Consignor or a buyer. Consignor does not agree to sell his or her sports cards simply by virtue of entering into this agreement. Consignor retains the right to resume possession of his or her cards unless and until they have been purchased and paid for by a third-party buyer or DASC.
3. Primary Method of Sale
Consignor and DASC agree that the primary methods of sale shall be the use of a Dutch Auction listed on ebay.com and dutchauctionsportscards.com. Consignor agrees to and understands the definition of a “Dutch auction” articulated below. However, Consignor also agrees and understands that Consignor’s items may be transacted in any lawful manner, so long as Consignor receives 86.75% of the bid price on ebay.com at the time of the transaction, consistent with paragraph 7.i.i., below.
4. Definitions. The following definitions shall apply to this agreement.
a. Dutch Auction. In general, a type of auction where the auctioneer starts with a high price and lowers it until a bidder accepts it. As used in this Consignment Agreement, a construct using the platforms of ebay.com and dutchauctionsportscards.com wherein the “Buy it Now” (ebay.com) and “Add to Cart” (dutchauctonsportscards.com) functions are used to facilitate a bid, with the bid lowered at regular and transparent dates and intervals. The intervals are identified using a “AxB” designator, where A is the percentage decrease and B is the number of days’ interval at which the bid is lowered by that percentage. For instance, a “10x5 Dutch Auction” is one where the bid is lowered by 10% every five days.
b. Final decision. Consignor’s election regarding the composition of lots, the type of Dutch Auction for each lot, and the starting bid for each lot on ebay.com. A distinct final decision is necessary for each separate shipment of sports cards by Consignor to DASC. Listing fees and starting bid fees are incurred in accordance with Consignor’s final decision. However, a good faith estimate as to listing fees will have been paid prior to Consignor’s final decision, and the starting bid fee need not be paid until a lot is paid for by a third-party buyer, purchased by DASC, or Consignor requests it be returned to Consignor’s possession.
c. Graded card. A sports card which has been evaluated and encapsulated (often referred to as “slabbed”) by a reputable third-party company, such as Professional Sports Authenticator (PSA). Other reputable companies specifically include Sportscard Guaranty (SGC), Beckett Grading Services (BGS), and Certified Guaranty Company (CGC). While no company is specifically excluded as disreputable, DASC reserves the right to treat sports cards graded by companies or individuals other than PSA, SGC, BGS, or CGC as an ungraded card for the purposes of this agreement.
d. Sports card. A collectible, often but not necessarily made of card stock or similar material, featuring an image and/or information related to sports, such as an athlete, team, or event. It specifically does not include sports memorabilia or Trading Card Game (TCG) cards.
e. Third-Party Buyer. Any natural person or company other than Consignor or DASC, often (but not necessarily), users of ebay.com and dutchauctionsportscards.com. DASC reserves the right to sell Consignor’s sports cards to any third-party buyer on any platform, so long as it provides to Consignor proceeds equal to 86.75% of the current bid price on ebay.com at the time of sale in accordance with paragraph 7.i.i., below.
f. Ungraded card. A sports card which is not graded.
5. Fees
a. Listing fee. Consignor agrees to pay $2 per single card lot (graded or ungraded), $5 per multi-card graded lot, and $10 per multi-card ungraded lot. Consignor agrees to pay listing fees based on a good faith estimate of the number of lots he or she will purchase prior to shipping any cards to DASC. The final decision as to how many and what type of listings to purchase is solely at the discretion of Consignor, and may be made after Consignor’s cards are received by DASC. The listing fee is applied each time a lot is placed into auction. For instance, if Consignor removes a lot from market because the bid has gone too low, but decides to relist the lot at a later date, Consignor incurs a new listing fee.
b. Starting bid fee. Consignor agrees to pay a fee of 2% of the starting bid on each lot. The final decision as to what price to set the starting bid is solely at the discretion of Consignor. The starting bid fee is applied each time a lot is placed into auction. For instance, if Consignor removes a lot from market because the bid has gone too low, but decides to relist the lot at a later date, Consignor incurs a new starting bid fee.
6. Performance by Consignor. Consignor agrees to:
a. Make a good faith estimate, purchase, and pay for the number of listing fees he or she expects to need. For instance, if Consignor planned to consign 10 high-value graded sports cards and approximately 500 ungraded 1991 Donruss baseball cards, he or she would likely purchase 10 single card lots for a total of $20 and one multi-card ungraded lot for $10, and thus pay $30 in listing fees prior to shipping the 510 cards to DASC.
b. Ship cards, packaged safely and securely, to DASC at:
[Street]
[City, State Zip]
Shipment is at Consignor’s expense and all risks are incurred by Consignor. Insurance and tracking are strongly recommended but not required. Any tracking number shall be sent to DASC. Consignor shall not require a signature for acceptance of package.
c. Following consultation with DASC, if any is desired, communicate Consignor’s final decision to DASC. All day increments, percentages, and dollar figures must be in whole integers. The starting bid on every lot must be $25.00 or greater. In general, the day increment ought to be equal to or greater than the percentage, such that the auction would reach $0.00 within 100 days. However, this is not required and may not be appropriate for particularly niche sports cards.
d. Either in conjunction with Consignor’s final decision or by continuously monitoring Consignor’s lots on ebay.com, communicate to DASC the lowest bid Consignor is willing to take for each lot using the bid price on ebay.com. If a lot goes below the lowest bid Consignor is willing to take, communicate to DASC whether Consignor wants the lot relisted, returned to Consignor, or reconstituted with any other lots. If such a communication is made to DASC but DASC nevertheless (whether by mistake or purposefully) allows the lot to be sold at a lower price, Consignor is entitled to proceeds as if the lot sold at Consignor’s lowest acceptable price.
e. Upon sale of one or more lots and receipt of payment in accordance with the terms of this agreement, promptly identify any discrepancies and attempt to resolve them with DASC.
7. Performance by DASC. DASC agrees to:
a. Upon receipt of payment of any listing fee, confirm DASC has a signed Consignment Agreement on file with Consignor. If not, seek a Consignment Agreement and, upon receipt, assign a four-digit Consignor ID to Consignor.
b. Within 24 hours of receipt of Consignor’s sports cards, notify Consignor of receipt.
c. Within three days of receipt of Consignor’s sports cards, and if desired by Consignor, consult with Consignor regarding the optimal number and composition of lots Consignor should bring to auction, the type of Dutch Auction to be run for each lot, and the starting bid for each lot.
d. Within seven days of receiving Consignor’s final decision, photograph each lot and list each lot on ebay.com in accordance with Consignor’s final decision. Further list each lot on dutchauctionsportscards.com at a bid price of 92.5% of the current bid price on ebay.com. DASC may, but is not required, to make lots available for purchase by the public elsewhere.
e. Market and promote active lots, collectively and/or individually, at DASC’s sole discretion and expense. Agreements to market or promote individual lots at Consignor’s expense may be made separately from this agreement.
f. Update the bid on each lot, on both ebay.com and dutchauctionsportscards.com, according to the final decision by Consignor and this agreement. Bids may be updated at any time on the appropriate calendar day (United States Eastern Standard or Eastern Daylight Time), but most updates will be made between 8pm and 11pm. Offers may be made, consistent with the Dutch auction schedule, to interested buyers on the same day but prior to adjusting the bid price (i.e., at 11am).
g. Consistent with the lowest bid Consignor is willing to accept for a lot, end a lot’s auction on the day prior to the day it would otherwise drop below the lowest bid Consignor is willing to accept. Within three days, notify Consignor the lot’s auction has been ended and request Consignor’s intent regarding the item (i.e., whether to relist it as constituted, whether to reconstitute it with other lots, or whether to return it to Consignor).
h. Receive and ship orders to third-party buyers within three days of payment.
i. Pay Consignor proceeds of sale each Saturday following payment by a third-party buyer or purchase by DASC. Proceeds are calculated as follows, with examples listed at Appendix A:
i. 86.75% of the current bid price on ebay.com at the time of sale.
ii. Minus 2% of item’s starting bid.
iii. Plus or minus any outstanding balance of listing fees applied to Consignor’s account.
j. DASC retains the right to purchase, at any time, any of Consignor’s lots at a rate of 86.75% of the current bid price on ebay.com.
k. DASC will return any unsold items to Consignor, at any time upon Consignor’s request, at Consignor’s expense and upon payment of any outstanding invoice.
8. Refundability of Fees
Listing fees are earned by DASC upon receipt of Consignor’s final decision and starting bid fees are earned upon a lot being listed on both ebay.com and dutchauctionsportscards.com. Once earned, fees are not refundable. However, they are refundable at any time prior to being earned. In general, listing fees will be paid by Consignor prior to being earned by DASC, and are thus refundable for a period of time, while starting bid fees are not paid by Consignor until after they are earned by DASC, and are thus not typically refundable.
9. Communication Between Consignor and DASC
Communication shall be primarily via e-mail at admin@dutchauctionsportscards.com. The subject line of any e-mail shall include the Consignor’s Consignor ID and a brief description of the subject matter. For instance, it may read: “Subj: Consignor ID 0032 – Request to end 1991 Donruss Auction.” If phone calls or in-person meetings are desired or required, they shall be requested by either party via e-mail.
10. Confidentiality
Consignor’s four-digit Consignor ID will be associated with Consignor’s lots on public-facing listings. In this way, buyers will be able to identify whether multiple lots originate from the same Consignor. Otherwise, DASC warrants it will keep Consignor’s personal information and data confidential. Such information and data includes, but is not limited to, Consignor’s name, address, telephone number, financial information, social media accounts, the low bid Consignor is willing to accept on any given lot, collecting interests, and potential future consignments.
11. Final Agreement
Other than the potential to supplement this agreement under paragraph 7.e., above, this Consignment Agreement constitutes the only agreement between Consignor and DASC. To the extent there is any conflict, it specifically supersedes any prior understandings or written or oral agreements between Consignor and DASC. Only an amended Consignment Agreement signed by both Consignor and DASC may modify this Consignment Agreement.
12. Disputes, Contracts, or Claims
Any controversy or claim arising out of or relating to this Consignment Agreement, or the breach there of, by Consignor or DASC, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association. Such arbitration shall comply with and be governed by the provisions of Texas Arbitration Act, Chapter 171 of Title 7, Civil Practice and Remedies Code of Texas. Judgment upon the award rendered by the Arbitrators may be entered and binding in any controversy between the parties involving the construction or application of any of the terms, covenants, or conditions of this Agreement.
13. Texas Law to Apply
This Consignment Agreement shall be construed in accordance with the laws of the State of Texas.
14. Legal Construction
If any one or more of the provisions contained in this Consignment Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision, and this Consignment Agreement shall be construed as if such invalid, illegal, or unenforceable provision did not exist.
UNDERSTOOD AND AGREED
______________________________ ______________________________
[Name], Consignor Brad Sauer
Owner, DASC
DATE: ________________________
APPENDIX A – Example of Consignment
Consignor intends to consign the following 12 sports cards:
Consignor initially intends to sell each sports card as a single card lot. Consignor pays $24.00 in listing fees and signs the Consignment Agreement.
After shipping the cards to DASC and following consultation, Consignor makes a final decision to list the cards in eight separate lots as follows:
The listing fees now total $27.00. Consignor owes DASC $3.00 in listing fees, but no payment is required or made at this time. DASC lists the lots and they sold in due course according to the table which follows. Third-party buyers bought all lots except Lot 00007. As Lot 00007 approached a bid of 75% of the estimated hammer price, DASC exercised its right to purchase the lot at 86.75% of the current bid price, or $19.09.
Lots 00006, 00005, and 00002 were paid for in the week preceding Saturday, January 17th, 2026. On that date, the payout for each lot was sent to Consignor, minus the $3.00 balance in listing fees, totaling $180.19. The $358.69 payout on Lot 00001 was sent to Consignor on Saturday, January 24th, 2026. The payouts on Lots 00008, 00004, and 00007 were sent to Consignor on Saturday, January 31st, 2026, totaling $137.41. The $65.27 payout on Lot 00003 was sent to Consignor on Saturday, February 7th, 2026. Ultimately, Consignor was paid out $717.56, or 84.1% of the $853.00 estimated hammer price of Consignor’s cards, while doing virtually no work and taking on very little risk. DASC made $49.80 in fees.