Effective Date: August 1, 2026
Last Updated: August 1, 2026
This Seller Agreement (“Seller Agreement”) is between Premier Holdings LLC, doing business as Premier Natural Stone Auctions (“Premier,” “Platform,” “we,” “us,” or “our”), and the person or organization applying to sell or consign property through the Services (“Seller,” “you,” or “your”).
This Seller Agreement supplements and incorporates the Terms of Service, Privacy Policy, fee schedule, listing rules, and transaction-specific terms. If this Seller Agreement conflicts with the general Terms regarding seller responsibilities, this Seller Agreement controls.
1. Seller Eligibility and Verification
You must maintain an approved seller account and provide accurate information requested by Premier, which may include:
- Legal name and business name;
- Address, telephone number, and email;
- Government identification;
- Business registration and licenses;
- Taxpayer identification and tax forms;
- Beneficial-owner or authorized-representative information;
- Bank or payout information submitted through an approved provider;
- Evidence of title, ownership, source, authority, insurance, permits, or product documentation.
Approval is discretionary and may be conditioned, limited, suspended, or revoked based on verification, performance, risk, complaints, legal requirements, or marketplace integrity.
You authorize Premier and its providers to verify submitted information through public records, identity services, financial partners, government sources, and other lawful means.
2. Authority, Title, and No Liens
For every listing, you represent and warrant that:
- You own the property or have written authority to sell it;
- The property may legally be sold and transferred;
- The property is not stolen, counterfeit, unlawfully obtained, subject to undisclosed liens, security interests, claims, restrictions, or competing ownership;
- The sale will not violate a contract, court order, law, permit, sanction, or third-party right;
- You will provide title, release, invoice, scale ticket, bill of lading, or other documentation reasonably requested.
If a lien or ownership claim arises, Premier may pause the listing, hold proceeds, reverse a payout, cancel the transaction, or require a bond, release, indemnity, or other evidence.
3. Listing Accuracy and Required Disclosures
You are solely responsible for your listing and must describe the property honestly, accurately, and completely.
You must disclose, when applicable:
- Exact or commonly accepted material name;
- Quarry, manufacturer, source, country or region of origin when known;
- Material category, color range, finish, grade, condition, and intended application;
- Whether photographs show the actual lot, only part of the lot, or a representative sample;
- Quantity, unit of measure, dimensions, thickness, weight, tonnage, square footage, pallet count, coverage, and whether each figure is actual or estimated;
- Mixed lots, remnants, seconds, rejects, overstock, reclaimed material, used material, salvage, damage, shortages, contamination, staining, oxidation, repairs, breakage, weathering, or known defects;
- Packaging and pallet condition;
- Availability date and whether the listed inventory is reserved or offered elsewhere;
- Pickup address, public pickup region, hours, appointment requirements, site restrictions, loading equipment, dock access, carrier restrictions, and freight options;
- Material safety or handling information and any known legal or environmental restriction.
You may not use misleading photographs, omit material defects, manipulate dimensions, overstate quantity, misrepresent origin, or list material that is not available.
4. Natural Variation and Samples
Natural stone is variable. You must reasonably describe the expected variation within the offered lot.
If a photograph or sample is not fully representative, you must say so. If material comes from multiple runs, pallets, quarry faces, lots, or sources, disclose that fact when it may materially affect appearance or performance.
Providing a sample does not excuse a materially inaccurate listing. Conversely, a buyer may not reject accurately described natural variation merely because every piece does not match a photograph or sample.
5. Product Safety and Legal Compliance
You are responsible for all laws and standards applicable to the property, your business, loading operations, workplace, and transaction.
Where applicable, you must provide warnings, safety data, handling instructions, known hazards, and required documentation. You may not make unsupported structural, engineering, environmental, health, installation, or code-compliance claims.
You are responsible for safe loading practices, trained operators, maintained equipment, lawful weights, load securement cooperation, site safety, and compliance with occupational, transportation, environmental, and other requirements applicable to you.
6. Listing Review and Platform Control
Premier may approve, reject, request revisions, pause, archive, remove, or correct formatting in a listing.
Premier may request photographs, videos, samples, measurements, scale tickets, invoices, ownership records, quarry documents, safety information, or an inspection.
Approval, editing, verification, or inspection by Premier does not transfer responsibility for the listing to Premier and does not create a warranty or certification.
7. Pricing, Auction Rules, and Reserves
You are responsible for selecting authorized listing formats and pricing, subject to Platform rules.
For auctions:
- You must honor the valid auction result when reserve and other disclosed conditions are met.
- You may not bid on your own listing or cause another person or account to do so.
- You may not coordinate bids, manipulate the price, discourage legitimate bidding, or falsely represent competing demand.
- Reserve prices are confidential unless Premier permits disclosure.
- You may not withdraw or materially alter a live auction except as allowed by Platform rules.
- Premier may extend, pause, cancel, or correct an auction to address technical failure, legal concerns, fraud, material errors, or marketplace integrity.
For Buy It Now transactions, you must maintain accurate availability and promptly remove or update unavailable inventory.
8. Non-Circumvention
You may not use the Services to identify a buyer and then complete, renew, redirect, or restructure the transaction outside the Platform to avoid fees, rules, payment controls, or records.
This restriction applies to substantially similar property and transactions arising from an introduction made through the Services for the period stated in the current fee policy or, if none is stated, 12 months after the introduction.
Premier may charge the fees that would have applied, suspend the account, and recover reasonable enforcement costs where permitted by law.
9. Orders and Seller Performance
After a sale, you must:
- Promptly confirm the order;
- Keep the property available and segregated where reasonably necessary;
- Communicate through approved channels;
- Provide accurate pickup, loading, freight, and contact information;
- Meet agreed appointment windows;
- Provide required transaction documents;
- Tender the correct property in the listed quantity and condition;
- Cooperate with reasonable inspection, dispute, refund, and delivery processes.
You must not substitute material without the buyer’s documented approval.
Repeated delay, cancellation, substitution, nonresponse, shortage, or materially inaccurate fulfillment may result in fees, refunds, payment holds, reimbursement duties, reduced seller privileges, suspension, or termination.
10. Loading, Pickup, and Freight
Unless the order states otherwise, you are responsible for safely loading the property at the pickup location using suitable personnel and equipment.
You must disclose access, surface, overhead, turning-radius, dock, hours, scale, forklift, loader, weather, and appointment limitations that could affect pickup.
You may refuse an unsafe or unlawful vehicle, but you must not use safety as a pretext to avoid a valid sale.
You are responsible for damage caused by your employees, contractors, equipment, premises, or loading operations. The buyer or its carrier is responsible for transportation after transfer of risk as stated in the order.
If you quote or arrange freight, you are responsible for accurately describing whether you act as shipper, broker, referral source, or coordinator and for complying with applicable law. Premier is not responsible for freight merely because logistics information is exchanged through the Platform.
11. Fees and Amounts Owed
You agree to pay all applicable:
- Seller commissions;
- Membership fees;
- Consignment fees;
- Payment-processing or payout fees where permitted;
- Refund, chargeback, reversal, dispute, collection, cancellation, or nonperformance amounts;
- Taxes, freight, storage, detention, demurrage, loading, or other agreed charges.
Fees are calculated under the fee schedule and membership status applicable to the transaction when locked by the Platform.
Premier may deduct amounts owed from transaction proceeds or other balances and may invoice you for any deficiency.
12. Payment Collection and Limited Agency
When Premier or its payment provider collects buyer funds for your sale, you appoint Premier and the designated provider as your limited payment collection agent solely for accepting and processing payment, deducting authorized amounts, administering holds, refunds, reversals, and disputes, and remitting net proceeds.
A buyer’s payment obligation to you is satisfied only to the extent funds are successfully received and not reversed, subject to the transaction rules.
This limited appointment does not make Premier your general agent, partner, joint venturer, employer, franchisee, fiduciary, carrier, or consignee.
13. Payouts, Holds, Reserves, and Offsets
Payout availability may depend on:
- Identity and tax verification;
- Cleared payment;
- Pickup, shipment, delivery, or buyer confirmation;
- Expiration of an applicable hold period;
- Dispute, fraud, chargeback, lien, legal, performance, or reserve review;
- Compliance with payment-provider rules.
Premier may delay, withhold, reduce, reverse, or offset payouts where reasonably necessary to cover actual or anticipated refunds, chargebacks, claims, unpaid fees, legal process, fraud risk, or seller obligations.
You must maintain accurate payout information. Premier is not responsible for delay caused by inaccurate information, provider review, banking systems, legal requirements, or events outside Premier’s reasonable control.
14. Taxes and Reporting
You are responsible for determining and reporting your income, sales, use, property, business, licensing, and other tax obligations, except for taxes Premier is legally required to collect or remit.
You must provide requested tax documentation. Premier or its providers may report payments to tax authorities and issue required information returns.
You are responsible for the accuracy of your tax information and for taxes, penalties, or interest arising from inaccurate or incomplete information you provide.
15. Cancellations and Seller Nonperformance
You may not cancel a completed sale merely because the final price is lower than expected, market conditions changed, another buyer offered more, freight is inconvenient, or the property was sold elsewhere.
If you fail to complete a valid transaction, Premier may:
- Refund the buyer;
- Charge or retain applicable fees;
- Recover buyer reimbursement, freight, inspection, payment, or administrative costs where permitted;
- Suspend or terminate your account;
- Restrict future listing formats;
- Withhold or offset other proceeds;
- Document the incident in seller-performance records.
Premier may waive or adjust consequences for documented impossibility, material buyer breach, casualty loss, legal prohibition, or other circumstances Premier determines are legitimate.
16. Returns, Refunds, and Disputes
You must cooperate in good faith with the Platform’s dispute process.
You may be required to provide:
- Time-stamped photographs or video;
- Scale tickets, pallet counts, measurements, invoices, samples, or inspection records;
- Pickup records, bills of lading, carrier records, delivery receipts, messages, and other evidence.
Premier may place funds on hold while reviewing a dispute. Depending on the facts, Premier may authorize a full or partial refund, release funds, adjust fees, require return or mitigation, or take account action.
You authorize Premier to deduct seller-responsible refunds, chargebacks, reversals, fees, and related amounts from current or future proceeds to the extent permitted by law.
17. Chargebacks and Payment Reversals
You must promptly assist with evidence needed to contest a chargeback. If a chargeback or reversal results from your listing, fulfillment, fraud, misrepresentation, failure to provide documentation, or breach, you are responsible for the reversed amount and applicable fees.
Premier may elect not to contest a chargeback when evidence is insufficient, the amount is uneconomical to contest, or a refund is otherwise appropriate.
18. Insurance
Premier may require evidence of commercial general liability, vehicle, cargo, workers’ compensation, property, or other insurance based on transaction size, seller type, loading activity, or risk.
Even when insurance is not required by the Platform, you are responsible for maintaining insurance appropriate to your business and operations.
19. Seller Representations and Warranties
You represent and warrant that:
- All information you provide is accurate;
- You have authority and title to sell;
- Your listings and conduct comply with law and this Seller Agreement;
- Your property is accurately described and available;
- You will not infringe rights or misappropriate content;
- You will safely and timely perform your obligations;
- You are not relying on Premier for legal, tax, engineering, safety, freight, insurance, or business advice.
20. Seller Indemnification
To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Premier and its affiliates, owners, officers, employees, contractors, and agents from claims, losses, liabilities, damages, judgments, fines, penalties, taxes, and expenses, including reasonable attorneys’ fees, arising from:
- Your property, listings, samples, photographs, statements, business, employees, contractors, premises, equipment, loading, freight arrangements, or fulfillment;
- Defect, contamination, shortage, misdescription, title claim, lien, infringement, injury, property damage, environmental condition, safety incident, weight violation, or legal noncompliance;
- Your breach of this Seller Agreement, the Terms, or a transaction;
- Taxes or reporting obligations attributable to you;
- A dispute with a buyer or third party, except to the extent caused by Premier’s own nonwaivable legal responsibility.
21. Records and Audit Cooperation
You must retain transaction, title, tax, quantity, pickup, loading, delivery, and safety records for the period required by law and, at minimum, for four years after the transaction unless a longer period applies.
You must reasonably cooperate with a Platform review, payment-provider inquiry, tax request, fraud investigation, chargeback, or legal process.
22. Suspension and Termination
Premier may limit, suspend, or terminate seller privileges based on verification failure, complaints, legal risk, fraud indicators, nonpayment, nonperformance, unsafe conduct, manipulation, repeated disputes, or breach.
Termination does not affect completed transactions, amounts owed, payout holds, audits, disputes, indemnities, or other provisions intended to survive.
23. Relationship of the Parties
You are an independent seller. Nothing creates an employment, agency, franchise, partnership, joint venture, fiduciary, distributorship, or exclusive relationship, except the limited payment collection agency expressly described above.
You control your business, inventory, pricing choices, personnel, operations, taxes, licenses, and legal compliance.
24. Changes to Seller Agreement
Premier may update this Seller Agreement prospectively. Material changes will be communicated through reasonable means.
Premier may require acceptance of an updated version before you submit listings, place property into auction, receive payouts, or continue seller activity.
25. Agreement and Electronic Acceptance
By checking the Seller Agreement acceptance box, submitting a seller application, listing property, or continuing to sell after an updated agreement takes effect, you electronically sign and agree to this Seller Agreement.
Your acceptance record may include the agreement version, date and time, account, IP address or a protected derivative, user agent, and acceptance source.
26. Contact
Seller support:
Premier Holdings LLC
d/b/a Premier Natural Stone Auctions
4004 W. 12th Street
Sioux Falls, South Dakota 57107
Email: info@premierstoneauctions.com
