CONSIGNMENT AGREEMENT
BETWEEN
__________, of __________, acting through __________ (the "Consignor");
AND
__________, of __________, acting through __________ (the "Consignee").
- 1. THE GOODS AND OWNERSHIP
1.2 The Goods remain the property of the Consignor until sold to a customer and the price is received. The Consignee has no ownership in them, only the right to display and sell them as the Consignor's agent on the terms of this Agreement, and shall keep them apart from its own stock, marked as the Consignor's, in a safe and suitable place. The Consignee shall not sell them to itself, pledge, lend, or charge them, or let a creditor treat them as its own; if a creditor or officer tries to take them, the Consignee shall at once tell the creditor the Goods are the Consignor's and tell the Consignor.
- 2. SALE, PRICE AND COMMISSION
2.4 The Consignor may inspect the Goods and count the stock at the Consignee's premises on reasonable notice, and the Consignee shall let it examine the sales records for the Goods. A joint stock count shall be made at the end of every three months and at the end of the Term.
- 3. RETURN AND ENDING
3.1 At the end of the Term, or earlier if either Party ends this Agreement by thirty days' written notice, the Consignee shall return all unsold Goods to the Consignor at the Consignor's address, in the condition in which they were received, fair wear aside, and shall pay for what is sold or cannot be returned at the list price less its commission. The Consignor may extend the Term in writing.
3.2 The Consignor may take back the Goods at once on written notice if the Consignee breaches this Agreement seriously, does not pay what is due within fifteen days of a reminder, becomes insolvent, or is about to have the Goods seized by a creditor. The Consignee shall give access for that purpose.
3.3 The Consignee shall not claim any brand, design or name of the Consignor as its own, and shall use the Consignor's name and marks only to display and sell the Goods.
- 4. DISPUTES AND GOVERNING LAW
4.3 This Agreement is governed by the laws of India.
- 5. GENERAL
5.1 This Agreement is the entire agreement between the parties about its subject matter and replaces all earlier discussion, whether oral or written.
5.2 No change to this Agreement is effective unless it is in writing and signed by all the parties.
5.3 If any provision is held invalid or unenforceable, the rest of this Agreement continues in effect.
5.4 A notice under this Agreement must be in writing and sent to the other party at its address stated above, or to a new address it has given in writing. It is treated as received on delivery, or on the third day after posting by registered post.
SIGNED for the CONSIGNOR
__________
Signature: ______________________________
SIGNED for the CONSIGNEE
__________
Signature: ______________________________
WITNESSES