TE Consignment Agreement
TRIED EQUESTRIAN CONSIGNMENT AGREEMENT
26241 Prima Way, Santa Clarita, CA 91350
email@example.com | 661-993-0370
READ THE FOLLOWING TERMS AND CONDITIONS PRIOR TO SIGNING THIS AGREEMENT, TERMS HAVE RECENTLY BEEN UPDATED.
We request you send a minimum of 5 items with each shipment and check our website for the most updated list of items we accept. If you have questions on the acceptability of an item, please send us an email and we'd be happy to help!
1. PRICING: Consignee agrees to sell Consignor’s items and share in any profits from the sales of such items. Consignee shall determine pricing on all consigned items.
2. UNACCEPTABLE ITEMS: The Tried Equestrian reserves the right to not accept any item for any reason for resale. Items must be in very good to new with tags condition to be accepted on consignment with the condition to be determined at consignees discretion. Consignors sending potential consignment items by mail, or other means have the option, when such items are deemed unacceptable by The Tried Equestrian, of having items returned to Consignor, at Consignor's expense. Consignors, who choose not to pre-pay for return freight charges, forfeit all right, title and interest in such items, which shall be disposed of at the sole discretion of The Tried Equestrian.
3. INVENTORY: Upon receiving consignment items Consignor shall receive an itemized list of all consigned items. If Consignor ships their items to Consignee using prepaid shipping label provided by consignee, consignor will be charged a $10 processing fee to be deducted from monthly sales per shipment received.
4. SALES: When a consigned item sells, Consignor will receive a check for the sale one month following the month the item(s) sell (For example, a consigned item that sells in April are paid to Consignor in June).
5. REPEAT CUSTOMERS: A new Agreement shall be signed each time any new item(s) is/are consigned.
6. DISCOUNTS: All items are consigned for a period of six months (180 days). During this period, Consignee reserves the right to discount unsold items in order to facilitate a sale at the following rate: 1) at 1 month items can be discounted 20% and 2) at 3 months the item can be further discounted at 40% of original asking price. Consignee reserves the right to discount any item up to 15% in the first 2 months for discrepancies in the condition of the item not immediately apparent.
7. EFFORTS TO SELL: In efforts to promote and market, from time to time Consignee will discount products, not to exceed 20% of determined price.
8. UNSOLD GOODS: If items remain unsold after 6 months, Consignee reserves the right to discount items at their discretion and/or remove them from inventory. If removed from inventory, Consignor will be notified and may choose to pick up their expired items, have them donated, or have them mailed back for a fee. Any consigned items which have not sold may be picked up prior to the expiration date of this Agreement for a fee of $10/per item and any associated cleaning fees.
9. SHIPPING COSTS: Consignee will deduct partial shipping costs for returns and free shipping from the sale of items affected, split evenly over the full order. This is never to exceed 10% of the selling price.
10. CLEANING AND REPAIR FEES: Consignee will assess any cleaning and maintenance fees, including but not limited to, boot cleaning, boot repairs, dry cleaning, laundering, sewing repairs, etc. Fees will be deducted from Consignor’s sales revenue.
11. PAYMENT: Consignee will collect a 45% commission on all items sold if payment to Consignor is made in the form of check or PayPal. If Consignor elects to receive payment in the form of donation, CALLIDAE Cash, or Tried Equestrian gift card the commission taken by Consignee will be reduced. You may also elect to donate your sales proceeds to charity. Please note if you fail to make an alternative selection below, you will be automatically enrolled to receive checks.
12. INDEMINIFICATION: CONSIGNOR SHALL INDEMNIFY, RELEASE, DEFEND, AND HOLDS HARMLESS FOREVER, The Tried Equestrian, its officers, directors, shareholders, employees, successors and assigns from any and all claims and liabilities, of whatsoever kind (including but not limited to attorneys' fees), arising from or connected to the consigned terms. The Tried Equestrian shall use all conventional safeguards in the handling and displaying of consigned items but has no legal responsibility for items left on consignment.
13. WARRANTY: Consigner warrants and agrees that the items to be consigned are owned by Consignor and that there are no liens, judgements, or other encumbrances against the ownership, including all right of sale or transfer of the consigned terms.
14. RISK OF LOSS. Damage to items or loss of items in shipping to Consignee are the risk of the Consignor. Consignee’s pre-paid shipping comes with standard insurance in the amount of $100. Should Consignor require additional insurance on their items, Consignor is responsible for purchasing and securing such insurance. Consignee only assumes possession and, therefore, risk of loss of items once received by Consignee.
15. ASSIGNMENT. No party may assign or transfer this Agreement without the prior written consent of the other party.
16. MEDIATION. In the event a dispute shall arise between the parties to this Agreement, the parties agree to participate in confidential mediation, with a meditator agreed to by both parties, before filing any lawsuit. The parties agree to share equally the costs of mediation.
17. DEFAULT. Upon material breach of this Agreement by one party the other party shall have the option to terminate same.On any breach, the other party shall have the right to recover expenses and costs within the parameters of the attorneys’ fees paragraph below.
18. ATTORNEYS' FEES. In the event that suit or arbitration is brought under or in connection with this Agreement or to enforce the Agreement, the prevailing party shall be entitled to recover from the losing party reasonable attorneys' fees, costs and expenses incidental to any such proceedings, including reasonable attorneys' fees incurred in collecting any judgment awarded as a result of liability established pursuant to this Agreement.
19. VOLUNTARINESS: Each of the parties hereto fully understands the terms, conditions, and provisions of this agreement, voluntarily enter into the same and believe its terms to be fair, just, adequate and reasonable.
20. SEVERABILITY: The illegality or unenforceability of any provision of the Agreement of any instrument or agreement required hereunder shall not in any way affect or impair the legality or enforceability of the remaining provisions of this Agreement or any instrument or agreement required hereunder.
21. GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the State of California. Any legal action commenced to enforce or interpret this Agreement shall be brought in Los Angeles County, California. The parties hereto consent to both venue and jurisdiction in Los Angeles County, and any attempt to pursue legal action in any other state shall be void for lack of jurisdiction in that foreign court.
PLEASE INCLUDE THE LAST 2 PAGES WITH CONSIGNMENT ITEMS
1.Payment shall be sent in the form of Consignor’s choice of either check, gift card to Tried Equestrian or check to be donated to charity. If northing is selected, you will be automatically enrolled to receive checks.
2. The Tried Equestrian will collect a 45% commission on all items sold, unless payment in the form of donation, Tried Equestrian gift card, or CALLIDAE Credit is chosen. If choosing an alternative option rather than check, our reduced rates are listed below.
- Cash - Consignor receives 55% for sales (Check or Paypal) Please include Paypal email address if it is your preferred payment option: ______________________________________________________
- Tried Equestrian gift card - Consignor receives 65% for sales
- CALLIDAE Credit - Consignor receives 60% of sale
- Donate to TTE Selected Charity (Current selected charity noted on website) - 65% donated on your behalf OR Charity of your choice:________________________________________________________
The Tried Equestrian, LLC.
26241 Prima Way, Santa Clarita, CA 91350
661-993-0370 / firstname.lastname@example.org | triedequestrian.com
Consignor's Name: ____________________________________________________________________
Date Consigned: _____________________ Email:_______________________________________________________________
PLEASE CIRCLE AN OPTION FOR UNACCEPTED ITEMS:
Yes, I’d like my unaccepted items to be donated.
No, I’d like my unaccepted items shipped back to me for $15. *Return shipments over 5lbs. are $25 to ship back.
Signing this Consignment Contract signifies you have read and accept this binding agreement.
Consignor's Signature:____________________________________________________________________ Date: ________________________________
Accepted By/Consignee Date: ____________________________________
Number of Items Consigned:
Description of Items Being Consigned: