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Tried Equestrian Consignment Agreement

 

TRIED EQUESTRIAN CONSIGNMENT AGREEMENT

23120 Lyons Ave #22, Santa Clarita, CA 91321 office@triedequestrian.com / 661-877-5392 /www.triedequestrian.com

PLEASE 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 accepted items. If you have questions on the acceptability of an item, please send us an email and we'd be happy to help!

This document constitutes the Consignment Agreement (“Agreement”) between below signed name (“Consignor”), and The Tried Equestrian, LLC (“TTE”), on the date executed below, subject to the following Terms and Conditions:

  1. PRICING: TTE agrees to sell Consignor’s items for a commission per the Payment provisions set forth herein (Section 11). TTE, in its sole discretion, shall determine pricing on all consigned items.

  2. INVENTORY: Once received and processed, TTE shall provide Consignor with an itemized list of all accepted consigned items.

  3. PROCESSING FEE: TTE will supply prepaid shipping labels (at market rates) to Consignors who wish to mail in items. Should Consignor choose to use this prepaid shipping label provided by TTE in their consignment kits, Consignor will be charged a $20 processing fee. This processing fee will be deducted from monthly sales per shipment received.

  4. SALES: When a consigned item sells, Consignor will receive a check for the sale revenue of such item 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. UNACCEPTABLE ITEMS: The Tried Equestrian reserves the right to determine the acceptability of any item for resale and may reject any item for any reason. Acceptable consigned items must be in very good to new with tags condition. Items that are not acceptable for consignment by TTE will be donated or disposed of at the sole discretion of TTE, unless Consignor sending items via mail elects to have such items returned to them, at Consignor’s expense via pre-paid mail. Consignors, who choose not to pre-pay for return freight charges, forfeit all right, title and interest in such items.

  6. REPEAT CUSTOMERS: We love our return customers but please execute a new Agreement each time new item(s) is/are consigned.

  7. DISCOUNTS: All accepted items are consigned for a minimum period of six months (180 days). During this period, TTE reserves the right to discount unsold items in order to facilitate a sale at the following rate: 1) Immediately up to 20% for incentive discounts 2) at 3 months the item can be further discounted at 30% of original asking price 3) at 4 months the item can be further discounted at 40% of original asking price 4) at 5 months the item can be further discounted at 50% of original asking price and 5) at 6 months can be discounted further at what TTE deems a sellable market value to move the item.

  8. UNSOLD GOODS: If items remain unsold after 6 months, TTE reserves the right to further discount items 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/repair fees.

  9. SHIPPING COSTS: Please note, TTE reserves the right to apportion customer’s shipping costs to Consignors. TTE agrees to deduct partial shipping costs for returned items and free shipping promotions from the sale of items sold/returned. Such costs shall be split evenly over the full order. Shipping costs to Customers which are apportioned to Consignors shall never exceed 10% of the selling price.

  10. CLEANING AND REPAIR FEES: TTE will evaluate all inventory prior to listing and make any necessary restorations including but not limited to, cleaning, polishing, repairs, dry cleaning, laundering and sewing repairs. Such costs will be at the discretion of TTE and shall be deducted from Consignor’s sales revenue.

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  1. PAYMENT: TTE will collect a 47.5% 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 TTE will be reduced. You may also elect to donate your sales proceeds to charity. Please note if you fail to specific the form of payment for your sales revenue, TTE will send you a check as the default form of payment of sales revenue.

  2. INDEMINIFICATION: CONSIGNOR SHALL INDEMNIFY, RELEASE, DEFEND, AND HOLDS HARMLESS FOREVER, TTE, 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 on consignment.

  3. 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. TTE shall use all conventional safeguards in the handling and displaying of consigned items but has no legal responsibility for items left on consignment which will be disposed of or donated per TTE policy.

  4. RISK OF LOSS: Damage to items or loss of items in shipping to TTE are the risk of the Consignor. TTE’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. TTE only assumes possession and, therefore, risk of loss of items once received by TTE.

  5. ASSIGNMENT: No party may assign or transfer this Agreement without the prior written consent of the other party.

  6. MANDATORY MEDIATION AND/OR MANDATORY ARBITRATION: The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement that are not resolved by their mutual agreement shall be first submitted to mediation at a mutually agreeable Mediator such as ADR Services ("Arbitrator") (www.adrservices.org), or its successors, in Los Angeles County, California. Either party may commence the mediation process by filing a written request for mediation with the Mediator, with a copy to the other party. In the event that mediation does not resolve the dispute, claim or controversy, the parties agree to submit to final and binding arbitration before the Arbitrator, or its successors, in Los Angeles County, California. Either party may commence the arbitration process called for in this Agreement by filing a written demand for arbitration with the Arbitrator, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of the Arbitrator using streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will cooperate with the Arbitrator and with one another in selecting an arbitrator from the Arbitrator's panel of neutral participants, and in scheduling the arbitration proceedings. The parties covenant that they will participate in the mediation or arbitration in good faith, and that they will share equally in its costs. The provisions of this paragraph may be enforced by any Court of competent jurisdiction, and the prevailing party shall be entitled to an award of all costs, fees and expenses, including attorneys' fees, to be paid by the non-prevailing party.

  7. ATTORNEYS’ FEES AND COSTS: In the event either party breaches any obligation under this Agreement, the non- breaching party shall be entitled to all costs and expenses incurred, including reasonable attorney fees, as a result of the breach. In addition, in the event any suit, action, or arbitration is instituted to enforce any term of this Agreement, the prevailing party shall be entitled to recover from the other 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.

  8. 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.

  9. 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.

  10. 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 NEXT 2 PAGES WITH CONSIGNMENT ITEMS

PAYMENT:

1. Payment shall be sent in the form of Consignor’s choice of either check, PayPal transfer, The Tried Equestrian Store Credit, or check to be donated to charity. If nothing is selected, you will be automatically enrolled to receive checks.

2. The Tried Equestrian will collect a 47.5% commission on all items sold, unless payment in the form of donation or store credit is selected. If choosing an alternative option rather than check or PayPal, our reduced rates are listed below.

o Cash - Consignor receives 52.5% for sales

        o Mailed Check

        o PayPal Email:

o The Tried Equestrian gift card - Consignor receives 62.5% for sales

o Donate to TTE Selected Charity (Current selected charity noted on website) - 62.5% donated on your behalf OR Charity of your choice:

TTE:

The Tried Equestrian, LLC.
23120 Lyons Ave #22 , Santa Clarita, CA 91321
661-877-5392 / office@triedequestrian.com | triedequestrian.com

CONSIGNOR:

Consignor's Name (as you would like it to appear on a check): Address:_____________________________________

Phone #:____________________________________

Date Consigned:_____________________________

E-Mail:______________________________________

PLEASE SELECT AN OPTION FOR UNACCEPTED ITEMS:

o Yes, I’d like my unaccepted items to be donated.
o No, I’d like my unaccepted items shipped back to me, charged at market shipping rates

I certify that I have read, understand and agree with all Terms and Conditions set forth above on Pages 1 and 2 of this Agreement. By signing below, I acknowledge and accept that this Agreement is legally binding.

Consignor's Signature:_________________________________________________

Date:_________________________________________________________________

Accepted By/TTE Date:_________________________________________________

Number of Items Consigned:

Description of Items:

Consignor agrees to deliver and TTE agrees to accept for the purpose of sale on the Terms and Conditions recited in this Agreement the following described items:

(attach list of items)

ADDENDUM: SADDLE CONSIGNMENT

PLEASE INCLUDE IF SENDING A SADDLE
This document constitutes an Addendum to the Consignment Agreement between below signed name

(“Consignor”), and The Tried Equestrian, LLC (“TTE”), on the below signed date subject to the terms of the Consignment Agreement in addition to the following Terms and Conditions:

1. COMMISSION TAKEN BY TTE: The Tried Equestrian, LLC (TTE) agrees to sell Consignor’s saddle(s) and share in any profits from the sales of such items. TTE shall determine the asking price for saddles. After TTE collects commission on the sale of the saddle Consignor shall receive the following compensation, unless a non-cash option is chosen:

a. Saddles sold for $500.00 or less, Consignor will receive 52.5% of sales
b. Saddles sold for $500.00 - $999.00 Consignor will receive 62.5% of sales c. Saddles sold for over $1,000.00 Consignor receives 72.5% of sales
d. Saddles sold for over $3000 Consignor receives 77.5% of sales

2. PAYMENT: Consignor has the option to receive compensation from the sale of his/her saddle in the following forms: Mailed Check - Consignor receives above percentages for sales as stated in Section
The Tried Equestrian gift card - Receive 5% more for sale than stated in Section 1
Donate to TTE Selected Charity - Receive 5% more for sale than stated in Section 1

OR Charity of your choice:

3.INVENTORY: Upon receipt and processing of Consignor’s saddle(s), TTE will provide Consignor with an itemized list of consigned saddle(s). Please note, if Consignor elects to ship their saddle(s) to TTE using TTE’s prepaid shipping label, Consignor will be charged a $50 processing fee per shipment received, to be charged against Consignors monthly sales revenue.

4. SHIPPING: Please note saddles will be shipped via standard shipping to customers, if saddle does not work for the customer, the saddle will be subject to TTE’s Return Policy.

5. RISK OF LOSS: Consignor expressly agrees that the use of TTE’s saddle consignment service is at your sole risk, TTE is not responsible for any loss or damage of any kind to Consignor’s property incurred as a result of the use of the saddle consignment service. TTE will use all conventional safeguards in the handling and displaying of saddles, however Consignor understands that the saddle is not insured by TTE, and that TTE is not responsible for any loss due to fire, theft or damage. Consignor also agrees to hold TTE free from any claims arising from the sale of this item now or at any time in the future. TTE is not responsible for damage or loss to saddles during shipping.

6.REPRESENTATIONS AND WARRANTIES: All products and services delivered to you through the saddle consignment option are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. It is up to Consignor to properly fit and check the saddle for any impairments prior to consigning the saddle with TTE. Consignor must notify TTE of any damage to saddle which may cause injury to horse or rider.

I certify that I have read, understand, and agree with all Terms and Conditions set forth in the above Addendum

as well as all terms on Pages 1 and 2 of this Agreement. By signing below, I acknowledge and accept that this Agreement and Addendum are legally binding.

Consignor's Signature:_____________________________________________
Date:_____________________________________________________________
Accepted By/TTE Date: _____________________________________________