This document is a consignment agreement between a ceramic and glass vase manufacturer (Consignor) and a consignment shop (Consignee). It outlines the terms of their agreement where the Consignor will deliver vases to the Consignee's shop to be sold. Key points include that the Consignor retains ownership until items are sold, the Consignee gets a commission from sales and is responsible for insuring the items and filing monthly reports. The agreement is for an initial term and allows either party to terminate for non-compliance or material breach.
This document is a consignment agreement between a ceramic and glass vase manufacturer (Consignor) and a consignment shop (Consignee). It outlines the terms of their agreement where the Consignor will deliver vases to the Consignee's shop to be sold. Key points include that the Consignor retains ownership until items are sold, the Consignee gets a commission from sales and is responsible for insuring the items and filing monthly reports. The agreement is for an initial term and allows either party to terminate for non-compliance or material breach.
This document is a consignment agreement between a ceramic and glass vase manufacturer (Consignor) and a consignment shop (Consignee). It outlines the terms of their agreement where the Consignor will deliver vases to the Consignee's shop to be sold. Key points include that the Consignor retains ownership until items are sold, the Consignee gets a commission from sales and is responsible for insuring the items and filing monthly reports. The agreement is for an initial term and allows either party to terminate for non-compliance or material breach.
This document is a consignment agreement between a ceramic and glass vase manufacturer (Consignor) and a consignment shop (Consignee). It outlines the terms of their agreement where the Consignor will deliver vases to the Consignee's shop to be sold. Key points include that the Consignor retains ownership until items are sold, the Consignee gets a commission from sales and is responsible for insuring the items and filing monthly reports. The agreement is for an initial term and allows either party to terminate for non-compliance or material breach.
On this ____ day of [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 Agreement (“Agreement”) with [NAME OF CONSIGNEE] (“Consignee”), a consignment shop having its physical shop located in [CONSIGNMENT SHOP COMPLETE ADDRESS].
The Consignor and the Consignee, collectively known as the Parties acknowledge and agree 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 enumerated on the list in the inventory attached to this Agreement. It shall be further agreed that the said decorative goods delivered and consigned shall be utilized for the purposes of sale only.
II. ACCEPTANCE OF GOODS SUBJECT TO THE CONSIGNMENT
Upon delivery and consignment of the decorative goods, the Consignee shall accept the said goods and shall acknowledge that it takes possession solely on a consignment basis, exercise ordinary diligence, and shall not acquire any property rights over it. Any new designs to the decorative ceramic and glass vases not listed in the attached inventory must be issued in a new contract.
III. DURATION OF CONSIGNMENT
The Consignor and Consignee shall agree that the initial term of consignment for the decorative ceramic and glass vases is ____ days from the 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 made provided that the Consignor shall only dispatch a consignment once all of the following terms have been agreed and confirmed in writing:
1. Quantity of decorative ceramic and glass vases to be consigned
2. Date of delivery and shipment of the decorative goods 3. Place of delivery of the decorative goods 4. Point of delivery of the decorative goods where the risk in the consignment is transferred to the Consignee 5. Retail price of the consigned decorative goods for the purpose 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 Consignee shall immediately inspect their quality and sign the delivery note. If the consigned decorative goods have been found to have incorrect quality or quantity, the Consignee shall promptly inform the Consignor and the Consignor, in turn, shall rectify the error as soon as reasonably possible.
After the initial ___ day consignment, the Consignee may return the unsold consigned decorative goods at will or upon request by the Consignor. If the consigned decorative 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 promotion or sale.
If after _____ days, the decorative consigned goods are still not sold, the Consignee shall 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. TITLE AND SALE OF THE CONSIGNED GOODS
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 decorative goods. The goods shall not be declared as assets of the Consignee until such decorative goods are sold to third parties.
The Consignee, in turn, shall use the best of its efforts and abilities to promote and market the decorative goods by utilizing different marketing and advertising tools. It shall be understood by the Consignor, however, that while the Consignee agrees to use its best efforts to obtain a sale, there is no guarantee that a sale will occur.
The Consignee shall sell the consigned decorative goods at a retail price specified in the inventory provided. Such retail price is the price 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 commission to Consignee shall be paid in cash. Such payment of the commission 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.
After the initial ____ day of consignment, the unsold consigned decorative goods shall 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. LOSS, DAMAGE, AND INSURANCE COVERAGE
It shall be understood that the liability for the loss or damage of the consigned decorative goods shall only transfer to the Consignee upon their arrival at the point of delivery specified in the inventory attached in this Agreement. Upon the arrival of the consigned decorative goods at the point of delivery and damaged decorative goods are not promptly disclosed to the Consignor, the Consignee shall have full responsibility for the loss or damage.
Following the delivery of the said consigned decorative goods, the Consignee shall exercise ordinary diligence as to their care and safekeeping and shall make sure to fully insure them against loss, theft, damage, or destruction in the amount greater than or equivalent to the retail price specified on the inventory attached in this Agreement. Evidence of such insurance coverage shall be provided by the Consignee to the Consignor and shall cause the Consignor to be insured together with the consigned goods within _____ days upon the execution of this Agreement.
The extent of such loss or damage of the consigned goods upon their arrival at the point of delivery shall be shouldered by the Consignee unless upon fortuitous events without the fault of the Consignee.
VII. REPORTS, INVENTORY, AND RETURN OF UNSOLD CONSIGNED GOODS
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 accordance with the terms and conditions set forth in this Agreement, the Consignor may, by immediate notice in writing to the Consignee, terminate this Agreement upon the occurrence of the following: 1. The Consignee fails to pay the Consignor of the amount payable under this Agreement or fails to return any of the consigned decorative goods when 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. Disposes of consigned decorative goods for its own benefit or commingles such consigned goods with its own goods 4. The Consignee ceases or threatens to cease the business 5. Assigns its rights to a third party without the express consent of the Consignor 6. All other acts that constitute a material breach against this 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 OF DISPUTES In accordance with the terms and conditions in this Agreement, any dispute, claim, or controversy arising from this consignment shall be duly resolved first through mediation between the Parties. In the event that the mediation is unsuccessful, the Parties shall resolve such dispute, claim, or controversy through arbitration which shall be duly conducted in accordance with the arbitration laws of the state of [STATE].
Such arbitration proceeding shall be held no later than ______ days after a demand for an arbitration is made by either of the Parties. The award for an arbitration proceeding shall be rendered within ____ days after the arbitration proceeding has been completed. Such an arbitration award shall be considered final and irrevocable and shall bind both parties.
XI. NOTICES All notices, demands, requests, and other communication needed to be sent by one party to the other under this Agreement or as may be required by law 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 CONSIGNMENT SHOP] [COMPLETE CONSIGNMENT SHOP ADDRESS] [ZIP CODE]
XII. GOVERNING LAW
This Agreement shall be duly governed and construed in accordance with the laws of the state of [STATE]. In the event any clause, sub-clause, or provision of this Agreement shall, to any extent, be rendered illegal, invalid, or unenforceable, the remaining valid, legal, and enforceable clause, sub-clause, or provision shall not be affected by such illegality, invalidity, or unenforceability.
IN WITNESS WHEREOF, the Parties have duly signed and sealed this Agreement on the date first written above.
_______________________________________________________ [SIGNATURE ABOVE CONSIGNOR COMPANY OWNER’S PRINTED NAME] DATE SIGNED:
_______________________________________________________ [SIGNATURE ABOVE CONSIGNMENT SHOP 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
