mini Mercantile a children's consignment store
operation of business, and The Consignee agrees to defend, indemnify and hold harmless the Consignor for the same.
Liability For Lost or Damage Consigned Merchandise The Consignee will do their best to safeguard your items but is not responsible for damage or loss. Certain precautions have been put in place to prevent damage and loss, such as a requirement for a hard plastic container with a lid at drop off and access to The Consignors online inventory portal. 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. If 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
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.
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.