Agreement made this_______day of ________________________,____________, by and between__________________________________________________(Consignor) and Larry Wellman agent for Four Winds Collection (Customer).
1. Customer acknowledges receipt of accurate description of goods as described on annexed schedule (or email). Said goods shall remain property of Consignor until sold. Consignor will from time to time ship consigned goods as ordered. Consignor is responsible for accurate description of items along with an assessment of condition.
2. The Customer at its own cost and expense agrees to keep and display the goods only on its internet place of business (domain name GoTo4Winds.com). Customer may at its own election withdraw any goods from further sale and will notify the Consignor.
3. The Customer works as a financial escrow agent for all sales between buyers and Consignor.
4. The Customer agrees to use its best efforts to sell the goods for the Consignor's account on cash terms, and at such prices as shall from time to time be set by Consignor, and at no lesser price. Customer will notify Consignor by email of any offer within 70 percent of the advertised selling price.
5. The Customer agrees, upon sale, to maintain proceeds due Consignor in trust, and separate and apart from its own funds and deliver such proceeds, less commission, to Consignor together with an accounting within ten days of said sale. The ten days starts after the buyer has accepted the merchandise. Buyer has three days to accept the merchandises as described.
6. The Customer agrees to accept as full payment a commission equal to 20 percent of the gross sale price (exclusive of any sales tax and shipping cost), which the Customer shall collect and remit.
7. The Customer will collect the sale price and shipping cost from the buyer.
8. Consignor will be responsible for shipping all items to buyer. All shipments will be shipped insured for the full purchase price.
9. Customer acknowledges that title to the goods shall remain with Consignor until goods are sold in the ordinary course of business.
10. Risk of loss of the goods shall be the responsibility of Consignor while said goods are within its possession.
11. If the buyer refuse merchandise based on inaccurate
description the Customer is entitled to half of the commission
equal to 10 percent. The buyer will ship the item back to the
Customer insured for a full refund of purchase price and shipping
cost. The Consignor will forward the shipping cost for both
shipments (buyer to Customer and Customer to Consignor) along
with half the sale commission. Once Customer receives payment
from Consignor the Customer will refund the buyer funds and ship
the item back to the Consignor.
12. Either party may be terminated this agreement at any time. Upon termination all unsold goods will be withdraw from the internet by the Customer. Customer will forward of all monies due consignor within ten days.
13. This agreement is not assignable and shall not be modified except by written modification.
14. This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns and personal representatives.
15. Consignor acknowledges that they have good title to all goods and have the authority to negotiate and sign this agreement.
16. For this agreement funds will be defined as money orders, credit cards, or checks that have cleared the bank. Checks will be considered cleared after ten business days (US) or 30 business days for international checks.
17. If any clause is determined to be unenforceable then the
remaining clauses are in total still enforceable.
List of items to be sold with description of condition.