Fill and Sign the Contract for Sale of Goodssale on Consignment Form

Contract for Sale of Book on Consignment Consignment agreement made on the ___________________ (date), between _________________________ (Name of Consignor) of ______________________________ ____________________________________ (street address, city, county, state, zip code), referred to herein as Consignor, and __________________________ (Name of Consignee), 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 Consignee.Whereas, Consignor has written an Book entitled ___________________________ (Name of Book), hereinafter called Book; and Whereas, Consignor owns all right, title to and interest in the copyright and all other intellectual property rights to Book; and Whereas, Consignor desires for Consignee to sell the Book pursuant to the terms of this Consignment Agreement; and Whereas, Consignee desires to sell the Book pursuant to the terms of this Consignment Agreement; Now, therefore, 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. Exclusive AppointmentConsignee shall have the exclusive right to sell and distribute Consignor's merchandise throughout ___________________________________________________________________ (description of territory) during the term of this Agreement.2. Delivery of MerchandiseConsignor shall deliver to Consignee, within _______ (number) days after receipt by Consignor of written orders from Consignee, such quantities of the Book as Consignee shall require for sale. The products shall be delivered to and shall be held for sale at Consignee's place of business at ____________________________________________________________ ________________ (street address, city, county, state, zip code). Consignor shall pay all freight and shipping charges. Consignee shall be responsible for any loss of or damage to merchandise while it is under Consignee's control.3.Sale of BookConsignee shall use its best efforts in the sale and distribution of Consignor's Book at Consignee's place of business described above. All sales made by Consignee shall be for cash. Credit sales may be made by Consignee on written authority of Consignor.4. Accounting and PaymentNo later than the ________________ (ordinal number) day of each month, Consignee shall furnish Consignor with a monthly statement itemizing all sales transactions during the preceding month involving Consignor 's Book and providing an inventory of such product as of the close of such month. With the monthly statement, Consignee shall remit to Consignor all money received by Consignee from the sale of said Book. As soon as practicable after the ________________ (ordinal number) day of each month, Consignor shall render a written statement to Consignee , showing sales during the preceding month, and shall remit to Consignee net commissions for such sales in accordance with the commission schedule set forth in Exhibit A attached and incorporated by reference.Consignee shall reimburse Consignor for all shortages of stock at retail price less Consignee's commission.5. Title to MerchandiseTitle to the Book consigned to Consignee by Consignor shall remain in Consignor until such product is sold by Consignee in the regular course of business, except that Consignee shall be responsible for all shortages of stock, and shall bear the risk of loss to the extent provided in Section 2 of this Agreement.6. Return of MerchandiseConsignee may at any time return to Consignor any of Consignor's Books in Consignee's possession that have not been sold. Consignee shall pay the expense of delivery of such returned merchandise.7. Operation of BusinessConsignor shall have no responsibility or liability whatsoever in connection with the management and operation of Consignee 's business. Consignee shall have entire charge of such management and operation, shall furnish all equipment and vehicles, and shall hire and pay the wages of all assistants and employees required for the operation of Consignee 's business. Consignor reserves no supervision or control over Consignee in the facilities, employees and methods to be used and employed by Consignee in carrying out the purposes of this Agreement, and shall in no event be responsible for negligence of Consignee or Consignee's employees.8. Employee Benefit PaymentsConsignee accepts full and exclusive liability for the payment of any and all premiums, contributions, and taxes for workers' compensation insurance, unemployment insurance and for old age pensions, annuities, and retirement benefits (including, but not limited to, Social Security), now or in the future imposed by or pursuant to federal and state laws, which are measured by the wages, salaries, or other remuneration paid to persons employed by Consignee in connection with the performance of this Agreement, and shall enter into any Agreement that has been or may in the future be prescribed by any federal or state governmental body or authority in order to effectuate the above-mentioned purposes. Consignee also agrees to indemnify Consignor against any liability for such premiums, taxes, or contributions respecting Consignee's employees that may be assessed against Consignor.9.TerminationThis agreement may be terminated by either party on _______ (number) days' written notice to the other. The proper accounting and payment between the parties shall be made ________ (number) days after the date set for termination and on such date Consignee shall deliver to Consignor all of Consignor's products in the possession of Consignee. The expense of delivery of such merchandise shall be paid by the party terminating this Agreement.10. SeverabilityThe 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. 11. 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. 12. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _______________. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. In this contract, 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 Consignee) ________________________By:_________________________ (Printed name) _________________________ ________________________ (Printed name & Office in Corporation) (Signature of Consignor) _________________________ (Signature of Officer) (Attach commission schedule)