Fill and Sign the Consignment Sales 497331292 Form

Consignment Agreement Regarding Retail Sales through Internet Website Consignment Agreement made on the ______________ (date) , between _________________________ (Name of Consignor) , a corporation organized and existing under the laws of the state of ________________, with its principal office located at ____________________________________________________________________________ (street address, city, county, state, zip code) , referred to herein as Consignor , and ___________________ (Name of Seller) , a corporation organized and existing under the laws of the state of _________________, with its principal office located at ____________________ __________________________________________________________ (street address, city, county, state, zip code) , referred to herein as Seller . For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Consignor does now grant to Seller, and authorizes Seller to sell, the Property listed in Exhibit A attached hereto (the Property ) by private or public retail sale on the terms and conditions as set forth in this Agreement. 2. Consignor warrants and represents to Seller that: A. Consignor 's title to the Property is marketable and insurable; B. Consignor has the full power and authority to enter into this Agreement, that Consignor has the full right and authority to convey title to the Property to any duly authorized buyer; C. Consignor has consent from any secured lender authorizing the sale of the Property and that Agreements are in place with any lender for the release of any security Agreements. 3. Consignor indemnifies Seller for any claims brought by third parties based on Consignor's failure to disclose the existence of any security agreements or secured claims against the Property , such indemnity to include reimbursement for any attorney's fees and cost incurred by Seller in defense of any such claim. 4. Consignor authorizes Seller to place the Property in the ___________________ (Name of Seller) online retail store, ____________________________ (name of website store) , located at ____________________ (website address) . Seller may seek to combine lots if, in the opinion of Seller , doing so will increase the marketability and value of the Property . If Seller wishes to combine lots, Seller will notify Consignor and Consignor will have the right to withdraw the Property without penalty. 5. Consignor agrees to pay Seller for the Seller finding a purchaser who is ready, willing, and able to purchase the Property , Seller placing the Property in its catalog, and Seller billing and collecting payment from the purchaser of the Property . Consignor will be charged a commission on each lot sold. The commission will be deducted from the proceeds that Consignor will receive from the sold lots. Consignor 's commission will be ______% of the sale price, or $___________, whichever is higher. Consignor will be charged no other fees for the sale of the Property . 6. Consignor may place asking prices on all of the Property in the consignment. All asking prices must be recorded by Consignor on the lot list attached as Exhibit A to this Agreement. If no asking price is indicated, Seller shall designate its own, based on Seller 's knowledge and experience of current market values. Consignor may change the asking prices at any time by notifying Seller in writing (by e-mail or regular U.S. mail). Consignor agrees to hold Seller harmless should a lot sell below their expectations where no asking price was indicated. 7. Consignor has the right to withdraw any of the Property , until such time as the Property has been photographed for the catalog. Should the Consignor withdraw a lot after it has been photographed, then Consignor will be charged $_____________ per lot. Consignor shall pay to Seller shipping and handling costs before the Property is returned. 8. Consignor agrees that Seller is the sole owner of all photographic images of the lots. Consignor grants to Seller an exclusive right to use the photographic and images as Seller sees fit, in perpetuity. 9. Seller will make every reasonable effort to collect the payment from the purchaser of the Property . Seller will not release the Property to the purchaser until Seller has complete payment on the Property . Consignor agrees that should a purchaser fail to remit payment on Property sold, then Seller will relist the Property . 10. Seller will settle Consignor 's account on or about the _____ day of each month, provided at least $_______________ is due the Consignor (unless there is no more Property to sell, in which case, the balance due will be issued.) 11. Consignor represents to Seller that the Property is not a reproduction and has not been repaired, unless this fact is recorded on the attached Exhibit A lot list. If the Property is a reproduction or has been repaired, and Consignor does not record this on the lot list, and the Property is sold, and the purchaser refuses to accept the Property , then the Property will be returned to Consignor . Consignor will be responsible for payment of Consignor commission, and all shipping costs associated with shipping the lot between the purchaser, Seller , and Consignor , before the Property is returned. 12. Consignor and Seller agree that they have had the opportunity to review this Agreement and have had an opportunity to be advised as to its contents, requirements, and liabilities, and have signed this Agreement fully understanding their respective rights, responsibilities, and obligations under the Agreement. 13. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 14. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 15. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _____________. 16. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 17. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 18. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 19. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 20. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 21. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 22. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. _______________________ _______________________ (Name of Consignor) (Name of Seller) By:______________________________ By:_____________________________ ________________________ ________________________ (P rinted name & Office in Corporation) (P rinted name & Office in Corporation ________________________ ________________________ (Signature of Officer) (Signature of Officer)