PenManifest
Consignment Agreement
This Consignment Agreement is made effective as of ______________ between PenManifest (consignee) of Lethbridge, Alberta and _____________________ of _______________. (consignor)
The parties agree as follows:
Right to sell.
The Consignor retains ownership of all products listed within this agreement until such time as payment of the end user has been received by PenManifest.
The consignor grants PenManifest a non-exclusive right to sell the products outlined in this agreement and to conduct shipping and delivery to the end purchaser.
Sale pricing will be determined by mutual consent of both parties and outlined in this agreement.
Proceeds of sale.
PenManifest will pay to the consignor a portion of the sales proceeds calculated as follows: 70% of the sales price as outlined in this agreement or as amended by mutual agreement any sale/discounted price predetermined between PenManifest and the consignor.
Sales proceeds calculation shall not included additional fees such as shipping/handling or taxes.
Payment by PenManifest will be made to the consignor via electronic funds transfer no later than 30 business days of product sale.
PenManifest will provide a copy of the end user invoice as proof of sale to the consignor.
Records.
Upon PenManifest will provide upon request any and all records of sales and shipping regarding the items listed in this agreement provided all information included is meets all regulations outlined in the applicable Privacy Protection Act.
PenManifest will provide records within 30 days of written request.
Loss and insurance.
The consignor accepts all risk and responsibility of item consigned to the care of PenManifest in the event of damages caused from fire, theft, flood or losses not covered by insurance of PenManifest.
Title of merchandise.
Consigned merchandise will be considered the property of the consignor until the date of final sale.
The consignor may at any time make a request for the return of any product owned by the consignor and in the control of PenManifest. PenManifest must be granted 5 business days to process the return of requested products. The consignor is responsible for any associated costs for the shipping of returned products.
The return of individual products will terminate the associated consignment agreement as it pertains only to the affected part number. The terms of this agreement shall remain in effect for any product remaining in the control of PenManifest.
Termination of consignment agreement.
Both parties retain the right to terminate this consignment agreement at any time at which PenManifest will complete the following procedures with 30 days:
Complete the transfer of any outstanding sales proceeds due to the consignor.
Remove all material from online publications regarding the consignor and affected products.
Cease any current sales action involving the affected products.
Return in good order any product owned by the consignor currently in control of PenManifest.
Abandoned Property
In the event that the consignor becomes inactive (IE. Relocates without notification, fails to report a change in contact information, becomes deceased) PenManifest will make several attempts to make contact with the consignor. If no contact exists with the consignor for more than 1 year from the date of last contact, the consignment agreement will be terminated and all product in the control of PenManifest will become the property of PenManifest.
Return Policy
PenManifest may choose to return any unsold property at any time by following the same procedure as terminating the consignment agreement. Any product remaining in the control of PenManifest will continue to be covered by the terms of this agreement.
Warranties.
PenManifest does not offer warranty or quality guarantee for any products sold under consignment to third party. Any customer satisfaction issues will be directed by PenManifest to the consignor to seek a reasonable solution for the customer when possible. The PenManifest no refunds/no return policy shall be communication clearly to the final customer by PenManifest.
Dispute resolution.
The parties will attempt to resolve any disputes or controversies arising from the Consignment Agreement through friendly and respectful negotiation. Should negotiation fail to reach a settlement agreeable to both parties, both parties agree to seek third party mediation to reach an acceptable solution.
Amendments.
This agreement may be subject to amendment provided the amendment is in writing, dated and signed by both parties.
Signed on _____/_____/____ in _____________________
Consignor: __________________ of __________________________
Consignee: _________________ of PenManifest (penmanifest@gmail.com)
2006 25th Ave.
N Lethbridge, Alberta T1H4V3
penmanifest.com