Consignment Agreement Template

 

 

CONSIGNMENT AGREEMENT

On this  ____ day of [MO [MONTH], [YEAR], [NAME OF CONSIGNOR COMPANY] (“Consignor”), a manufacturer and  distributor of decorative ceramic and glass vases having its principal operation of  business in [COMPLETE COMPANY ADDRESS], enters into this Consignment Agre Agreem emen entt (“Ag (“Agre reem emen ent” t”))  wi with th [N [NAM AME E OF CONS CONSIG IGNE NEE] E] (“ (“Co Cons nsig igne nee” e”), ), a co cons nsig ignm nmen entt shop shop having its physical shop located in [CONSIGNMENT SHOP COMPLETE ADDRESS]. Th The e Cons Consig igno norr  an and d the the Cons Consig igne nee, e, co coll llec ecti tive vely ly know known n as th the e Part Partie iess ackn acknow owle ledg dge e an and d agre agree e in good and valuable consideration to the following terms and conditions: I.

CONSIGNMENT

Upon execution  of this Agreement on ____ day of [MONTH], [YEAR], the Consignor delivers and  consigns to the Consignee the decorative ceramic and glass vases as en enu umera merate ted d on  th the e li list st in th the e inve invent ntor ory y atta attach ched ed to thi hiss Agr gree eem men entt. It shall hall be fu furrth ther er ag agre reed ed th that at  the the said said deco decora rati tive ve go good odss deli delive vere red d an and d co cons nsig igne ned d shal shalll be util utiliz ized ed fo forr th the e purposes of sale only. II II..

ACCE ACCEPT PTAN ANCE CE O OF F GOOD GOODS S SUBJ SUBJEC ECT T TO TH THE E CO CONS NSIG IGNM NMEN ENT T

Upon Up on de deli live very ry  and and co cons nsig ignm nmen entt of the the deco decora rati tive ve good goods, s, the the Cons Consig igne nee e shal shalll acce accept pt th the e said said good goodss and and shal shalll ac ackn know owle ledg dge e that that it take takess po poss sses essi sion on sole solely ly on a co cons nsig ignm nmen entt ba basi sis, s, ex exer erccis ise e ord rdin inar ary y  dil ilig igen ence ce,, and shall hall not acquir quire e an any y pr pro oper perty right ightss ov over er it. it. Any new new des designs igns to  the dec eco orati rative ve ce cera rami micc an and d gl glas asss vase vasess not not li lissted ted in th the e attac ttach hed in inve vent ntor ory y must be issued in a new contract. II III. I.

DURA DURATI TIO ON OF OF CON CONSI SIGN GNM MENT ENT

The Consig ign nor  and Consig ign nee shall agree that the init itia iall term of consignment for the decorative ceramic and glass vases is ____ days from the execution execution of this Agreement. Within the  said initial term of consignment, the Consignee shall be prohibited in returning the  said decorative goods unless a material breach to this Agreement has been been made made  pro rovi vid ded that hat th the e Consi onsign gnor or shall hall onl nly y di disspatc patch h a con onssignm ignmen entt once nce all of  the following terms have been agreed and confirmed in writing: 1. Quantity Quantity of decora decorative tive ceramic ceramic and and glass glass vases to be consign consigned ed 2. Date of delivery delivery and and shipmen shipmentt of the the decorative decorative goods goods 3. Place Place of deliv delivery ery of of the decor decorati ative ve goods goods 4. Point of  delivery of the decorative goods where the risk in the consignment is transferred to the Consignee

 

 

5. Retail Retail price of the the consigned consigned decora decorative tive goods goods for the purpos purpose e of its sale 6. Representative of  the Consignee who shall receive the consigned decorative goods Upon the  arrival of the consigned decorative goods at the point of delivery, the Consig ign nee shall  immediately ins inspect their quality and sign the deliv ive ery note. If the co cons nsig igne ned d deco decora rati tive ve  go good odss have have been been foun found d to have have in inco corr rrec ectt qual qualit ity y or quan quanti tity ty,, th the e Cons Co nsig igne nee e shal shalll  prom prompt ptly ly info inform rm the the Cons Consig igno norr an and d th the e Cons Consig igno nor, r, in tu turn rn,, shal shalll re rect ctif ify y the error as soon as reasonably possible. Afte Afterr th the e  init initia iall __ ___ _ day day co cons nsig ignm nmen ent, t, the the Cons Consig igne nee e may may re retu turn rn th the e unso unsold ld co cons nsig igne ned d deco decora rati tive ve go good odss  at wi will ll or upon upon requ reques estt by th the e Cons Consig igno nor. r. If th the e co cons nsig igne ned d deco decora rati tive ve goods intended  to be returned have not yet been picked up by the Consignor within  ____ days,  the Consignee shall have the right to put the decorative consigned goods for sale but  at ____% off of the retail price provided in the inventory for its promotio ion n or sale. If af afte terr __ _____ ___ days days,, the the deco decora rati tive ve co cons nsig igne ned d good goodss ar are e st stil illl no nott sold sold,, th the e Cons Consig igne nee e shal shalll make arrangements  for it to be shipped or delivered back to the Consignor and shall have a right to charge the Consignor for a fee of _____ USD. IV IV..

TI TITL TLE E AND AND S SAL ALE E OF THE THE CO CONS NSIG IGNE NED D GOO GOODS DS

In accordance  with the terms and conditions of this Agreement, the Consignor is and shall remain,  at all times, to be the owner and the title holder of the consigned deco decora rati tive ve go good ods. s.  Th The e go good odss shal shalll not not be decl declar ared ed as as asse sets ts of th the e Cons Consig igne nee e unti untill such such decorative goods are sold to third parties. The Consignee,  in turn, shall use the best of its efforts and abilities to promote and mark ma rket et the  dec decorat orativ ive e go good odss by uti tili lizi zin ng diffe iffere rent nt mark market etin ing g an and d ad adve vert rtis isin ing g to tool ols. s. It shal shalll be  unde unders rsto tood od by the the Cons Consig igno nor, r, howe howeve ver, r, th that at whil while e th the e Cons Consig igne nee e agre agrees es to use use its best efforts to obtain a sale, there is no guarantee that a sale will occur. Th The e Cons Consig igne nee e  shal shalll sell sell the the co cons nsig igne ned d deco decora rati tive ve go good odss at a re reta tail il pric price e spec specif ifie ied d in th the e inv in ventory provided.  Such retail price is the price ice mutually considered and agreed by both Parties. V.

TERMS OF PAYMENT

Upon the  execution of this Agreement, the Consignee shall be receiving a _____% commission from  the total sale of the consigned decorative goods. Payment of such

 

 

co comm mmis issi sion on to  Cons Consig igne nee e shal shalll be paid paid in ca cash sh.. Such Such paym paymen entt of th the e co comm mmis issi sion on due due to the Consignee  shall be made only after an inventory of sold and unsold decorative goods have been completed and delivered to the Consignor. Afte Afterr th the e  init initia iall __ ____ __ day day of co cons nsig ignm nmen ent, t, the the unso unsold ld co cons nsig igne ned d deco decora rati tive ve go good odss shal shalll be sold  by the Consignee and the proceeds of such sale shall be shared on a _____ percentage sharing which shall be paid in the form as mentioned above. VI. VI.

LO LOSS SS,, DA DAMA MAGE GE,, AN AND D INSU INSURA RANC NCE E COVE COVERA RAGE GE

It shall  be understood that the liability for the loss or damage of the consigned dec decora orati tive ve go good odss  shall hall only nly tran ransfer sfer to the Consi onsign gnee ee upon pon th thei eirr arr rriv ival al at th the e poin pointt of  deli delive very ry spec specif ifie ied d  in th the e inve invent ntor ory y att ttac ache hed d in th this is Agr gree eeme ment nt.. Upon Upon the ar arri riva vall of the co cons nsig igne ned d deco decora rati tive ve  go good odss at the the poin pointt of deli delive very ry an and d dama damage ged d deco decora rati tive ve go good odss ar are e nott prom no prompt ptly ly  disc disclo lose sed d to the the Cons Consig igno nor, r, the the Cons Consig igne nee e shal shalll have have fu full ll re resp spon onsi sibi bili lity ty for for the loss or damage.

Following the  deliv ive ery of the said consig ign ned decorativ ive e goods, the Consign ignee shall ex exer erci cise se ordi ordina nary ry  dili dilige genc nce e as to thei theirr ca care re an and d safe safeke keep epin ing g an and d shal shalll make make sure sure to fu full lly y insu insure re th them em  aga gain insst lo loss ss,, th thef eft, t, damag amage, e, or des estr truc ucti tion on in th the e amoun mountt gr grea eate terr th tha an or equiva ivalent to  the retail pric ice e specifie ied d on the inventory attached in this Agreement. Evidence of  such insurance coverage shall be provided by the Consignee to the Consig ign nor and  shall cause the Consig ign nor to be in inssured together with the consigned goods within _____ days upon the execution of this Agreement. Th The e ex exte tent nt  of such such lo loss ss or dama damage ge of the the co cons nsig igne ned d go good odss upon upon th thei eirr ar arri riva vall at th the e poin pointt of deli delive very ry  shal shalll be shou should lder ered ed by the the Cons Consig igne nee e unle unless ss upon upon fort fortui uito tous us ev even ents ts with withou outt the fault of the Consignee. VII.. VII

REP REPORT ORTS, S, INVENT INVENTORY ORY,, AN AND DR RETU ETURN RN OF UNS UNSOLD OLD CONSIG CONSIGNED NED GOO GOODS DS

Upon arrival of the consigned decorative goods, the Consignee has the duty to inspect the palletized cargo and make sure that it concurs with the total number of decorative goods and quality specified in the inventory attached. The Consignee shall complete and deliver a monthly report of the consigned decorative goods sold to the Consignor and a corresponding invoice for such sale as well as those unsold goods until the termination of this Agreement. VIII.

TERMINATION

 

 

In ac acco cord rdan ance ce  with with the the term termss an and d co cond ndit itio ions ns set set fort forth h in this this Agre Agreem emen ent, t, th the e Cons Consig igno norr may, ma y, by  im imme medi diat ate e noti notice ce in writ writin ing g to the the Cons Consig igne nee, e, te term rmin inat ate e th this is Agre Agreem emen entt upon upon the occurrence of the following: 1. The Consignee  fails to pay the Consignor of the amount payable under this Agre Agreem emen entt or  fail failss to retu return rn any any of the the co cons nsig igne ned d deco decora rati tive ve go good odss wh when en due due or fails to ensure the consigned decorative goods 2. The Consignor  has reasonable grounds to believe that the Consignee acted fraudulently with the consignment of such decorative goods 3. Dis isp poses oses of  co cons nsig igne ned d dec eco orati rative ve good oods for for it itss own own ben enef efit it or comm ommin ingl gles es su such ch consigned goods with its own goods 4. The Consig Consignee nee ceases ceases or threaten threatenss to cease cease the the busines businesss 5. Assigns Assigns its rights rights to a third party party without without the express express consent consent of the Consigno Consignorr 6. All other other acts that that constitu constitute te a material material breach breach against against this this Agreement Agreement IX.

TAXES

The Consignor shall be responsible for any and all tax liabilities before the delivery and shipment of the consigned decorative goods at the point of delivery. Once the consigned decorative goods reach the point of delivery, the Consignee shall be responsible for any and all tax liabilities of the consigned decorative goods. X.

RESOLUTION O OF F DI DISPUTES

In acc ccor ord dan ancce  with with th the e term termss and cond ondit itio ion ns in th this is Agre reem emen ent, t, an any y dis ispu pute te,, cla claim, im, or co cont ntro rove vers rsy y aris arisin ing g  from from this this co cons nsig ignm nmen entt shal shalll be duly duly re reso solv lved ed firs firstt th thro roug ugh h medi mediat atio ion n bet betwe ween en th the e  Part Partie ies. s. In the ev even entt that hat the me med dia iattio ion n is unsu unsuccces cessfu sful, th the e Part Partie iess sha hall ll resolv lve e such  dispute, claim, or controversy through arbitration which shall be duly conducted in accordance with the arbitration laws of the state of [STATE]. Such Such arb rbit itra rattio ion n  proc procee eedi ding ng shall hall be held held no la late terr th tha an __ ____ ____ __ days days after fter a dema emand for for an ar arbi bitr trat atio ion n  is made made by eith either er of the the Part Partie ies. s. Th The e awar award d fo forr an ar arbi bitr trat atio ion n proc procee eedi ding ng shall be  rendered within ____ days after the arbitration proceeding has been co comp mple lete ted. d. Such Such  an arbi arbitr trat atio ion n awar award d shal shalll be co cons nsid ider ered ed fina finall an and d irre irrevo voca cabl ble e an and d shal shalll bind both parties. XI.

NOTICES

All notice ices,  demands, requests, and other communication needed to be sent by one party to  the other under this Agreement or as may be required by la law w shall be made in writing and  shall be deemed to have been validly given or served through personal delivery or upon private or public registered mail.

 

 

The respective addresses of the Parties bound by this Agreement are as follows: Consignor: [NAME OF OWNER OF CONSIGNOR COMPANY] [COMPLETE CONSIGNOR COMPANY ADDRESS] [ZIP CODE] Consignee: [NAME OF REPRESENTATIVE OF THE T HE CONSIGNMENT SHOP] [COMPLETE CONSIGNMENT SHOP ADDRESS] [ZIP CODE] XII.

GOVERNING LAW

This Agreement  shall be duly governed and construed in accordance with the la law ws of  the the st stat ate e  of [S [STA TATE TE]. ]. In the the ev even entt any any cl clau ause se,, su subb-cl clau ause se,, or prov provis isio ion n of th this is Agre Agreem emen entt shal shall, l, to  an any y ex exte tent nt,, be rend render ered ed il ille lega gal, l, inva invali lid, d, or unen unenfo forc rcea eabl ble, e, th the e re rema main inin ing g va vali lid, d, legal, and  enforceable clause, sub-clause, or provision shall not be affected by such leg illegality, invalidity, or unenforceability.

IN WITN WITNES ESS S WHER WHEREO EOF, F, the the Pa Part rtie iess have have duly duly si sign gned ed an and d seal sealed ed th this is Agre Agreem emen entt on th the e date date firs firstt written above.

 _______________________________________________________ [SIGNATURE ABOVE CONSIGNOR COMPANY OWNER’S PRINTED NAME] DATE SIGNED:

 _______________________________________________________ [SIGNATURE ABOVE CONSIGNMENT SHOP REPRESENTATIVE’S REPRESENTATIVE’S PRINTED NAME] DATE SIGNED:

 

 

EXHIBIT A

[CONSIGNOR COMPANY LOGO] To:

Consignee ID:

Contact Number:

Consignment Shop Address:

Point of Delivery:

Date of Delivery: INVENTORY LIST

ITEM

ITEM DESCRIPTION

ITEM SIZE

RETAIL PRICE

DATE SOLD

NUMBER

#_______

-

9” x 9. 9.5” 5”

-

11” x 12. 5”

-

6” x 5.25”

-

8” x 7.5”

0.00 0.00 US USD D

Ancestor Collection Benoit Compote Collection [INSERT MORE ITEMS]

Consignor Signature: Date:

Consignee Signature: Date:

DD/M DD/MM/ M/YY YYYY YY