Consignment Contract
1. Names. ______________________________, Customer, and _____________________________, Consignee, agree to the following consignment. 2. Property Consigned. Customer [choose one: has delivered / will deliver] the following goods to Consignee on consignment (the Goods): Description of Goods __________________________ __________________________ __________________________ Sale Price __________________________ __________________________ __________________________
3. Efforts to Sell. Consignee will display the Goods and attempt to sell them at or above the sale prices listed in paragraph 2. Consignee will obtain the written consent of Customer before selling the Goods at prices lower than those listed in paragraph 2. 4. Proceeds of Sale. Following a sale, Consignee will retain from the sale proceeds a commission of ___% of the sale price. In computing the commission, sales tax will not be added to the sale price. Consignee will send the balance of the sale proceeds to Customer within five days of the sale. 5. Ownership Before Sale. Customer will retain ownership of the Goods until they are sold. 6. Risk of Loss. While the Goods are in Consignee's possession, Consignee will bear the risk of damage to or loss of the Goods. If the Goods are damaged or lost, Consignee will pay Customer the selling price listed above less the stated commission. 7. Termination of Consignment. Customer or Consignee may terminate this contract at any time. If either party terminates the agreement, Consignee will return the Goods to Customer as soon as practicable at: [ ] Customer's place of business at _________________________. [ ] Consignee's place of business at _________________________. [ ] Other: _____________________________________________.
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8. Other Terms and Conditions. ________________________________. 9. Entire Agreement. This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings. 10. Successors and Assignees. This agreement binds and benefits the heirs, successors, and assignees of the parties. 11. Notices. All notices must be in writing. A notice may be delivered to a party at the address that follows a party's signature or to a new address that a party designates in writing. A notice may be delivered: (1) in person (2) by certified mail, or (3) by overnight courier. 12. Governing Law. This agreement will be governed by and construed in accordance with the laws of the state of _____________. 13. Counterparts. This agreement may be signed by the parties in different counterparts and the signature pages combined will create a document binding on all parties. 14. Modification. This agreement may be modified only by a written agreement signed by all the parties. 15. Waiver. If one party waives any term or provision of this agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this agreement, that party retains the right to enforce that term or provision at a later time. 16. Severability. If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and shall be modified, amended, or limited only to the extent necessary to render it valid and enforceable.
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CUSTOMER Name of Business: ______________ a ____________________________
By: __________________________ Dated: _______________________ Printed Name: _________________ Title: ________________________ Address: ______________________ ______________________
CONSIGNEE Name of Business: ______________ a ____________________________
By: __________________________ Dated: _______________________ Printed Name: _________________ Title: ________________________ Address: _____________________ _____________________
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