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3400.BLD
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1997-07-22
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225 lines
#3400
@001 State the name of the manufacturer of the goods:
~Enter the full legal name of the manufacturer
@002 State the name of the person receiving the goods:
~Enter the full legal names of the consignment owner
@340 Describe the goods:
~Enter a precise description (including serial numbers if known)
~of goods sold; if necessary refer to another sheet if you cannot
~fit in the full description of the goods
#3401 Will the owner insure the goods:
~Select yes if the owner will insure the goods while they are in
~the merchant's custody; generally the merchanter is not
~responsible unless they are negligent
#3402/#3403 The owner will receive:
~The owner can either be paid a flat amount per unit or by
~commission
A flat sum per good sold
A commission of the sales price
#if#3402
!341 State the flat fee per good sold:
~Enter the amount of the flat fee in numeric form- for example
~12345.67; do not use the "$" symbol
#endif
#if#3403
!342 State the minimum sales price per unit:
~Enter the minimum sales price in numeric form- for example
~345.67; do not use the "$" symbol
@343 State the commission rate (in numerical form):
~Enter commission to be paid to the merchant as numerals do not use
~the "#" or "%" symbol; for example 6.5
#endif
#3404
@344 State the number of days between accountings:
~Enter the number of days between reports and payments by the
~merchant
#3405 Will the funds from sales be required to be specially deposited
~Select "yes" if the sales proceeds will be required to open a
~separate account in which all funds from sales must be paid
#3406 Is this agreement for sale or return?
~A type of consignment is a sale or return. Under this
~arrangement, after a certain numbers of days, the products must
~be returned. If they are not returned then the goods must be
~paid for whether or not they are sold.
#if#3406
@355 State the number of days allowed for return:
~Enter the number of days that the consignment merchant has to
~return the goods before they must pay
#endif
#3407/#3408 Return freight will be paid by:
~If the goods are not sold select who will pay the costs of
~returning the unsold items
The owner
The consignment merchant
#3410
#end control section
#3400
/* PARAGRAPH 3400: CONSIGNMENT AGREEMENT, HEADER */
CONSIGNMENT SALES AGREEMENT
@001, referred to as OWNER, and @002, referred to as CONSIGNMENT
MERCHANT, agree:
OWNER consigns to CONSIGNMENT MERCHANT the following goods:
@340
The title to the goods will remain in the OWNER until a bona fide
sale of the 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, CONSIGNMENT MERCHANT shall, and at its expense,
maintain multi-peril inventory insurance in an amount equal to
the value of the goods, with owner named as a loss payee on a
long form loss payable clause. Should CONSIGNMENT MERCHANT fail
to maintain such coverage, OWNER may obtain the same, and
CONSIGNMENT MERCHANT 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
OWNER 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 MERCHANT 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 SELLER'S possession. All sums due, but unpaid, shall
bear interest at the highest legal rate applicable.
CONSIGNMENT MERCHANT 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 MERCHANT 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 CONSIGNMENT MERCHANT, or the funds of others.
CONSIGNMENT MERCHANT 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 OWNER 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 OWNER. CONSIGNMENT MERCHANT 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 CONSIGNMENT
MERCHANT not be honored, CONSIGNMENT MERCHANT shall remain liable
to repay the same.
#3406 /* PARAGRAPH 3406: SALE OR RETURN */
This agreement is for "sale or return." CONSIGNMENT MERCHANT
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 MERCHANT fail to pay or return the same within
such time period, then the goods shall be deemed to be purchased
by CONSIGNMENT MERCHANT, 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 MERCHANT.
OWNER shall have the right to designate the carriers. The same
shall be shipped insured for the value of the goods.
#3410
/*PARAGRAPH 3410: CLOSER, CONSIGNMENT */
This agreement shall not be construed to provide a dealership or
franchise in CONSIGNMENT MERCHANT. OWNER shall be free to sell
on whatever terms it may desire, the goods or other lines sold
herein, to any entities that it may desire. Unless under a
separate writing a dealership or franchise is provided, @002
shall have no such rights under this agreement.
Further, OWNER shall not be obligated to ship any further goods
unless it so desires. OWNER during the course of this agreement
may request, and CONSIGNMENT MERCHANT agrees to provide a
financial statement showing its current financial status, to
OWNER. Although the financial statement shall not be required
to be an audited one, a statement under oath shall accompany
the same stating that the statements are materially true
and correct.
CONSIGNMENT MERCHANT herewith authorizes OWNER to file such
financing statements or any other documents or official filings
that may be required and OWNER may execute these on behalf of
CONSIGNMENT MERCHANT.
Dated: __________________
___________________________________________
For @001
___________________________________________
For @002