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- #3400
- @001 State the name of the manufacturer of the goods:
- @002 State the name of the person receiving the goods:
- @340 Describe the goods:
- #3401 Will the seller insure the goods:
- #3402/#3403 The seller will receive:
- A flat sum per good sold
- A commission of the sales price
- #if#3402
- !341 State the flat fee per good sold:
- #endif
- #if#3403
- !342 State the minimum sales price per unit:
- @343 State the commission rate (in numerical form):
- #endif
- #3404
- @344 State the number of days between accountings:
- #3405 Will the funds from sales be required to be specially deposited
- #3406 Is this agreement for sale or return?
- #if#3406
- @355 State the number of days allowed for return:
- #endif
- #3407/#3408 Return freight will be paid by:
- The manufacturer
- The consignment merchant
- #3410
- #end control section
- #3400
- /* PARAGRAPH 3400: CONSIGNMENT AGREEMENT, HEADER */
-
-
- CONSIGNMENT SALES AGREEMENT
-
-
- @001, referred to as SELLER, and @002, referred to a CONSIGNMENT
- MERCHANT, agree:
-
-
- @001 consigns to @002 the following goods:
-
-
- @340
-
-
- The title to the same shall remain at all times until a bona-fide
- sale in the owner of the consigned goods. OWNER may recall and
- take possession of the consigned property at any time.
- #3401
- /* PARAGRAPH 3401: INSURANCE */
-
-
- At all times that CONSIGNMENT MERCHANT has goods owned by @001 in
- its possession, @002 shall, and at its expense, maintain multi-peril
- inventory insurance in an amount equal to the value of the
- goods. with @001 named as a loss payee on a long form loss
- payable clause. Should CONSIGNMENT MERCHANT fail to maintain such
- coverage, @001 may obtain the same, and @002 shall upon
- presentation of an invoice therefor, pay for the same on sight.
- The maintenance of insurance is not dependent on sales.
- CONSIGNMENT MERCHANT shall maintain such insurance regardless of
- the number of sales.
- #3402
- /* PARAGRAPH 3402: FLAT SUM DUE PER SALE */
-
-
- CONSIGNMENT MERCHANT shall pay to OWNER the following sums per
- unit of the consigned goods sold:
-
-
- $ @341 (!341 Dollars)
- #3403
- /* PARAGRAPH 3403: COMMISSION */
-
-
- CONSIGNMENT MERCHANT shall sell the goods consigned to it by
- SELLER at a price not below the following minimums, all sales
- being for cash or cash equivalents:
-
-
- $ @342 (!342 Dollars)
-
-
- As compensation for sales made, CONSIGNMENT MERCHANT shall
- receive a commission of @343% per sale.
- #3404
- /* PARAGRAPH 3404: PERIOD FOR SALE, ACCOUNTINGS */
-
-
- CONSIGNMENT SELLER shall provide an accounting, under oath, or
- otherwise verified, every @344 days to OWNER, each accounting
- being accompanied by payment in full for all sums due. Should any
- sums not be paid when due, then OWNER shall have the right, but
- not obligation, to repossess all merchandise of OWNER's in
- CONSIGNMENT SELLERS possession. All sums due, but unpaid, shall
- bear interest at the highest legal rate applicable.
-
-
- CONSIGNMENT SELLER shall permit an audit by representatives of
- @001 of all of its books and records, together with a physical
- inspection of the premises and inventory of goods at such times
- as OWNER may desire.
-
-
- CONSIGNMENT seller herewith grants a lien to OWNER in the
- proceeds of the sales of OWNER's goods.
- #3405
- /* PARAGRAPH 3405: TRUST */
-
-
- The proceeds of the sale of the goods of owner shall be deposited
- in a special escrow account and shall not be commingled with the
- funds of @002, or the funds of others. @002 shall provide proof
- of compliance with this requirement by forwarding proof of said
- account's being opened, and shall also request that the banking
- institution provide to @001 a copy of each periodic bank
- statement directly. The funds received shall be deemed to be
- trust funds and shall be deemed to be held in trust and for the
- sole benefit of @001. @002 is authorized, provided that all
- accountings are timely filed and all sales proceeds have been
- deposited to withdraw its commission from the account. However,
- should any instruments accepted by @002 not be honored, @002
- shall remain liable to repay the same.
- #3406
- /* PARAGRAPH 3406: SALE OR RETURN */
-
-
- This agreement is for "sale or return." CONSIGNMENT SELLER shall
- have @355 days from the date of delivery of the consigned goods
- to either sell or pay for the goods, or return the same. Should
- CONSIGNMENT SELLER fail to pay or return the same within such
- time period, then the goods shall be deemed to be purchased by
- CONSIGNMENT SELLER, and shall be paid for within 30 days, net.
- #3407
- /* PARAGRAPH 3407: FREIGHT FOR RETURN, OWNER */
-
-
- Freight for return shall be paid by OWNER. OWNER shall have the
- right to designate the carriers.
- #3408
- /* PARAGRAPH 3408.FRM: FREIGHT FOR RETURN: CONSIGNMENT SELLER */
-
-
- Freight for return shall be paid by the CONSIGNMENT SELLER. OWNER
- shall have the right to designate the carriers. The same shall be
- shipped insured for the value of the goods.
- #3410
- /* Close -- Para 3410 */
-
-
- Dated:
-
-
- FOR @001:
-
-
-
- _______________________________________________
-
-
- FOR @002:
-
-
-
- _______________________________________________