Mendorworks Consignment Terms
Owner and Consignor of certain property more particularly described hereinafter, and Mendorworks, LLC , Consignee, in exchange for good and sufficient consideration and the mutual promises and undertakings outlined in this Consignment Agreement (“Agreement”) do agree to the following:
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Ownership. Consignor warrants, covenants and agrees that Consignor owns the property, being sold and that there are no liens, judgments or other encumbrances against the ownership, including all rights of sale or transfer, of the consigned property. The parties agree that title to the consignment shall remain in Consignor until such consignment is sold in severable parts or in whole by Consignee.
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Description of Consigned Property. Consignor agrees to deliver, and Consignee agrees to accept for the purpose of sale on the terms and conditions hereinafter recited in this Agreement, the following described property: Consignor states and agrees that the description(s) of the consigned property are true and correct to the best of Consignor’s knowledge and belief, and further, that no undisclosed defects in such consignment are known to Consignor.
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Non-Exclusivity or Exclusivity of Agreement. Consignee shall have the exclusive right to market and sell the property described hereinabove. The consignor shall have the right to sell the property described hereinabove for his own account. If Consignor sells the consignment listed in this Agreement, Consignee shall nonetheless be entitled to payment for the sale of such consignment on the terms and conditions of this Agreement.
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Price. The offering price(s) are to be determined by the Consignee.
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Time of Payment(s) to Consignor. Consignor agrees that Consignee shall require and receive full payment on the sale of the consigned property before any obligation of Consignee to remit payment to Consignor for the same. For each item sold, no later than 30 days following the date of full payment for each item.
Amount(s) of Payment(s) to Consignor. Consignor and Consignee agree that an amount of 60% of the selling price shall be due and payable to Consignor upon the sale of the property subject to this Agreement, minus any applicable fees (taxes). The Consignee will provide ONE pre-paid tag per month to the Consignor; all other labels provided will be deducted from the Consignor’s payment until paid in full.
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Refusal. Mendorworks, reserves the right to reject any of your eligible items, if it believes that item will not sell successfully. Mendorworks reserves the right to donate or otherwise dispose of such ineligible items in its sole and absolute discretion. If the Consignor wishes to have the items returned , the Consignor will be responsible for sending a pre-paid tag and/or a flat rate of $20 will be deducted from Consignor’s balance.
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Termination of this Consignment Agreement. Consignee may terminate this Agreement at any time and for any reason by returning to Consignor all of the unsold property which is the subject of this Agreement. Consignor may terminate this Agreement at any time and for any reason, but such termination will not affect the agreement regarding items of property already sold. The expense of delivery to the Consignor of any unsold property shall be paid by the party terminating this Agreement. Prior notice of termination shall not be required of the terminating party.
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Operation of Consignee’s Business. The consignee shall have the exclusive right to determine the business operation and management of its premises. Consignor shall have no liability or responsibility for the operation and management of Consignee’s business, employees or agents and any torts or other causes of action resulting there from, and Consignee agrees to defend, indemnify and hold harmless Consignor for same.
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Liability for Loss, Etc., of Cosigned Property. Mendorworks, is not responsible for consigned property that is lost, stolen, destroyed, damaged, or unaccounted for due to any cause, known or unknown during shipping.
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Advertising. Consignee may not use Consignor’s name or other identifying information in the advertising, promotion and sale of the consigned property unless written permission is granted by Consignor.
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Assignment. This Agreement is not assignable and may not be modified other than by a written modification agreed to and signed by both parties.
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Construction. This Agreement shall be construed and governed according to the laws of the State of Ohio.
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Waiver. The parties agree that instances or patterns of waiver, forbearance, course of dealing or trade usage shall not affect the right of a party to demand performance of any term or condition of this Agreement.
Consignor
Agrees to these terms upon Consignment Submission and Shipment of Property to Mendoworks, LLC.
Consignee
Mendorworks, LLC
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