consignment agreement

3400 Preston Rd #230, Plano, Texas 75093 Store: 972-867-6882 www.plano.camera
CONSIGNMENT AGREEMENT
Exclusive listing with exclusive right to sell.
I/We, the undersigned owner(s) (Owner), herby agree to consign the below listed item(s) with
Camera Stop (CS) for the sole purpose of selling such item(s) at the minimum selling price listed
for each item. Camera Stop shall retain exclusive right to list and sell the below item(s) for the
duration of the consignment period. The Owner shall have final approval for any proposed
sales below the minimum sales prices listed. The Owner agrees to consign the following
equipment for up to thirty (30) days:
Item Description
Serial #
Min.
Price
Page 1 of 5
Actual
Price
Date
Sold
To CUST
Initials : _____ Owner _____ CS
To CSTOP
WHEREAS, The Owner owns the items as described above and desires to sell pursuant to the
terms of the Agreement. The parties hereby agree as follows:
General Terms:
1. Upon sale of each item and after any warranty/guaranty period, Owner shall pay CS a
25% Consignment Commission Fee. This fee will be deducted by CS prior to making final
payment to Owner.
2. The term of this Agreement shall be a minimum of thirty (30) days from the date this
Agreement is signed. After the initial thirty-day term this Agreement can be terminated
by either party, by giving seven (7) days written notice, providing there is no pending
sale. The Agreement can also be extended by Owner as long as written notice is
received prior to midnight on day thirty of the consignment period.
3. For the purpose of this Agreement email communication can serve as written notice
after the original documentation has been signed.
4. CS retains exclusive right to list and sell the above listed item(s) during the term of this
Agreement. Should Owner sell any item(s) during the term of this Agreement on his/her
own, CS will still retain right to a 25% consignment commission fee.
5. CS retains the right to advertise consignment item(s) as it deems necessary and has the
right to price item(s) as it deems fit as long as the minimum sales price is achieved.
6. Any proposed sale of an item below the minimum agreed sales price will require written
approval of the Owner.
7. All item(s) offered for consignment must be free of any liens or encumbrances, owned
by the person executing this Agreement and of a quality acceptable for CS to take in on
consignment.
8. CS retains the right to refuse any item(s) for consignment.
9. Owner shall maintain ownership rights to item(s) until sales are finalized.
10. CS shall have no liability for punitive, exemplary, or consequential damages under this
Agreement. This liability of CS under this Agreement shall not exceed the amount of the
Fee actually paid to CS.
11. This Agreement is the entire agreement between the parties regarding this
consignment. No other written or oral understandings or agreements regarding this
consignment will be binding upon the parties unless included in the Agreement.
Owner:
1. Owner authorizes CS to sell the item(s) on the Owner’s behalf, including the power to
execute any necessary documentation as Owner agent.
2. Owner represents and warrants to CS that (a) Owner owns the item(s), (b) Owner has
full right and authority to enter into this Agreement and to sell the item(s), (c) Any
information the owner shares with CS will be true and accurate to the best of Owner’s
knowledge.
Page 2 of 5
Initials : _____ Owner _____ CS
3. Owner will provide all documentation and packaging CS deems necessary to sell the
item(s) to include:
a. Any original packaging.
b. Any accessories.
c. Documents evidencing existing transferrable warranties.
4. Owner shall indemnify and hold CS harmless from and against all actions or causes of
actions, claims, demands, liabilities, losses, damages, or expenses which CS may sustain
or incur as a result of any breach by Owner of this Agreement, including any suit
instituted to enforce the obligations of this Agreement.
Camera Stop (CS):
1. CS will inspect the Owner’s item(s) upon receipt of the item(s) and provide Owner with
any recommended repairs or servicing that will make the item(s) more saleable. Owner
shall have no obligation to have any repairs or service performed. In the event Owner
does not perform recommended repairs or servicing, CS shall have the right to
terminate this Agreement.
2. Marketing – CS will:
a. Photograph item(s).
b. List item(s) on CS’s website and other internet market places CS deems
appropriate.
c. Display item(s) in its in store display area.
d. Perform exit inspections after completion of the sale.
3. CS will keep item(s) stored in a locked area during non-business hours.
4. Disclosure Rights. If someone requests information on the Owner of the item(s) or their
consignment history for law-enforcement, public trust interest, government, or business
purposes, CS may provide it without the Owner’s written consent.
5. Casualty Loss. CS is not liable to Owner, prospective buyer, guest, client or business
occupants for personal injury or damage or loss of personal property from fire, wind,
hail, theft, smoke, dust, flood, rain, water leaks, ice, snow, lightening, environmental
problems, explosions, and interruption of utilities, unless that injury or damage is
caused by our negligence. CS is not responsible for property loss caused by service
personnel.
6. Upon completion of the sale and after any warranty period, CS will promptly pay Owner
the final sales price minus the Consignment Commission Fee.
7. Complete all paperwork and submit required tax and monies required by the State of
Texas in a timely manner.
Severability. If any part or parts of this agreement shall be held unenforceable for any reason,
the remainder of this agreement shall continue in full force and effect.
Binding Effect. The covenants and conditions in this agreement shall apply to and bind the
heirs, legal representatives, and permitted assigns of the parties.
Page 3 of 5
Initials : _____ Owner _____ CS
On today’s date_______________the Owner and Camera Stop agree to enter into this
Agreement as stated above.
Owner’s Printed Name
Address
Cell Phone
Email Address
City
Business
State
Zip
Home Phone
X______________________________________________
Owner’s Signature
_______________________________________________
Name of Receiving Employee
X______________________________________________
Signature on Behalf of Camera Stop
Page 4 of 5
Initials : _____ Owner _____ CS
ADDITIONAL ITEMS PAGE
Item Description
Serial #
Min.
Price
Page 5 of 5
Actual
Price
Date
Sold
To CUST
Initials : _____ Owner _____ CS
To CSTOP