Agreement To Sell
In accordance with this agreement, The Consignor grants The Mini Mercantile LLC an exclusive right to display the mutually agreed upon item(s) within the store premises and/or online.
It is at the discretion of Mini Mercantile to not accept items that are deemed unfit for sale. Items that have been recalled or have holes, rips, stains, excessive blemishes or wear & tear, or are not in working order etc.. With mutual agreement items will either be returned to The Consignor or donated.
The sale price, markdown and clearance price of all items and terms of said sale shall be determined by The Mini Mercantile LLC.
Proceeds and Terms of Sale
The Consignee shall be entitled to retain 60% of all proceeds from the sale of clothing, shoes, toys, books, accessories, and maternity and 50% of all proceeds from the sale of larger gear items & furniture. At the request of The Consignor, The Consignee shall submit a payment to The Consignor for the full amount of the sale price, less the aforementioned agreed upon 60% & 50%, respectively, to The Consignor when account balance reaches a minimum threshold of $20. The Consignor shall be paid 40% of the sale price of clothing, shoes, toys, books, accessories, and maternity and 50% of larger gear items and furniture, not to include any applicable sale tax charged upon request of the consignor at any time. The Consignor also has the right and option to keep funds in their account at the Mini Mercantile for future purchases. There is no limit to the amount held in The Consignors account. Funds earned by The Consignor will remain in The Consignor account for the duration of store operations and paid out upon request. Funds earned by The Consignor will not be paid out to The Consignee for any reason unless agreed upon by both parties in such instances as a donation.
Both The Consignee and The Consignor agree that payments shall be made in the form of cash, check, electronic payment or store credit.
The Consignee agrees to maintain a mutually beneficial selling price that is determined exclusively by The Mini Mercantile LLC for each item and will accept nothing less, unless the item is deemed eligible for markdown or clearance price at The Consignee's discretion.
The Consignee shall maintain insurance for the premises and all contents thereof against any damage or theft that may occur to any item(s) left with The Consignee to sell.
Merchandise Records
It shall be the responsibility of The Consignee to maintain all records of consignments and ensure accurate record keeping of each item, quantity and what was sold. The Consignor shall have the right to request a copy of all records related to their account at any time.
Merchandise Ownership
Consigned items must remain under control of The Consignee for a period of 90 days from start of Consignment Agreement before The Consignor can request for items to be returned. If return is requested The Consignor will allow a minimum of 15 days for The Consignee to collect item(s) to be returned. The Consignee reserves the right to request for The Consignor to pick up items at any period of time and will allow a minimum of 30 days notice to pick up item(s). If item(s) are not picked up after notification and 30 days The Consignee reserves the right to keep or donate items at their discretion. In the event that The Consignor or Consignee decides to remove item(s), The Consignor shall assume responsibility for retrieving and removing the unsold merchandise or arrange for pick up at The Consignors expense.
Termination of Agreement
The Consignee reserves the right to terminate this agreement at any time and for any reason by providing 30 days advance written notice and by returning to The Consignor all the unsold merchandise that is the subject of this agreement. The Consignor may terminate this agreement after a period of 90 days for any reason by providing 30 days notice, but said termination shall not affect the agreement regarding items of merchandise already sold. The expense of delivery to The Consignor of any unsold merchandise shall be the responsibility of the party terminating the agreement.
Business Operation
The Consignee shall maintain the exclusive right to determine the business operation and management of its premises. The Consignor shall have no liability or responsibility for the operation and management of The Consignee’s business, employees, staff, officers, or agents or any torts or other causes of actions that may result from daily operation of business, and The Consignee agrees to defend, indemnify and hold harmless the Consignor for the same.
Liability For Loss, Damage or Theft of Consigned Merchandise
In the event that the consigned merchandise is lost, stolen, destroyed, damaged or unaccounted for due to any cause, known or unknown, while consigned to The Consignee:
The merchandise, or each item consigned, that is lost or unaccounted for shall be considered as having been sold, and The Consignee shall pay unto The Consignor the amount agreed herein as if the lost merchandise had been sold and The Consignor shall be paid the previously agreed upon percentage of 40% and will follow terms set forth in agreement under section Proceeds and Terms of Sale.
Arbitration/Mediation & Dispute resolution
The Consignee and The Consignor both agree that should any dispute arise through any aspect of this relationship, including, but not limited to, any matters, disputes, or claims, the parties shall confer in good faith to promptly resolve any dispute. In the event that the parties are unable to resolve the issue or dispute between them, the matter shall be mediated and/or arbitrated in an attempt to resolve any and all issues between the parties.
The parties agree that any claim or dispute that arises from or through this agreement, relationship or obligations contemplated or outlined within this agreement, if not resolved through mediation, shall then go to and be resolved through final and binding arbitration. Any decision reached by the Arbitrator shall be final and binding and, if required, may be entered as a judgment in any court having jurisdiction. This agreement shall be interpreted and governed by and in accordance with the Federal Arbitration Act 9 U.S.C. 1-16.
Severability Clause
In the event that any provision of this Consignment Agreement shall be deemed to be severable of invalid, and if any term, condition, phrase or portion of this Agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of the agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find any provision of the Agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
Entirety
The herein contained Consignment Agreement constitutes the entire understanding of both The Consignee and The Consignor pertaining to all matters contemplated hereunder at this time. The parties signing this Consignment Agreement desire or intend that any contract or other agreement entered into between the parties subsequent hereto shall supersede and preempt any conflicting provision of this Consignment Agreement whether written or oral.
Warranties
Neither The Consignee nor The Consignor shall make any guarantee or warranties in relation to any sale, use or transfer of the merchandise by the other party or any third party acting on behalf of The Consignee or The Consignor.
Assignment
The agreement is not assignable and may not be modified other than by written modification agreed to and signed by both parties.
Governing Laws
The Agreement shall be construed and governed in accordance with the laws of the State of Washington.
Waiver
The Consignee and The Consignor agree that instances or patterns of waiver, forbearance, course of dealing or trade usage shall not affect the right of either party to demand performance of any term or condition contained within this Agreement.