Consignment Agreement
This Consignment Agreement (the “Agreement”) states the terms and conditions that govern the contractual agreement between __________________________________, located at address ________________________________ (hereinafter referred to as the “Consignor”) and Wando Warehouse, LLC d/b/a Front Porch Consign, located at 720 Swan Dr. Charleston SC29492 (hereinafter referred to as the “Consignee”) who agree to be bound by this Agreement.
WHEREAS, the Consignor owns right and title to the items deposited to the Consignee’s provided receptacle (the “Consigned Items”), and the Consignee desires to take possession of the Consigned Items with the intention of selling the Consigned Items to a third party.
NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the Consignor and the Consignee (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:
RIGHT TO SELL. The Consignor hereby grants to the Consignee the exclusive right to display, market, sell, donate and purchase the Consigned Items according to the terms and conditions of this Agreement.
RIGHT OF ACCESS. The Consignor hereby grants to the Consignee permission to collect the Consigned Items from the aforementioned Consignor’s address.
MINIMUM PRICE. The Consignor understands and agrees that no minimum price at which the Consignee may sell the Consigned Items shall be established. The Consignor grants the Consignee total authority to price and market the Consigned Items.
ACCEPTED CONSIGNMENT ITEMS. The Consignee will collect from the Consignor any item that is both permitted to be sold through online marketplaces and that is small enough to ship via a standard shipping provider such as USPS, UPS, or FedEx. The Consignee does not guarantee that all collected items will be sold or that all collected items will be posted for sale. Consigned items that are heavily soiled/damaged, and items that, if sold, would result in a very low or negative profit after shipping/taxes/fees will not be posted for sale. The Consignee sorts and evaluates the resale value of collected items after the items are collected. Consigned items that are collected and not selected for resale will be locally donated.
INSURANCE. The Consignee represents and warrants that the Consignee shall not maintain insurance coverage sufficient to compensate the Consignor for the fair market value of the Consigned Items in the event of damage due to fire, theft, or otherwise.
LIABILITY / DISCLOSURE. Consignee will not accept responsibility for damages, loss of personal or business property, or any other liability incurred by Consignor. All Parties agree that the Consignor is parting with possession of the Consigned Items upon collection by the Consignee. With the exception of acts or omissions committed by the Consignee and/or its employees, agents or contractors, Consignor shall indemnify and hold harmless Consignee against and from any and all claims arising from Consignee’s use and possession of the Consigned Items or from the conduct of the Consignee’s business. Consignor shall further indemnify and hold harmless Consignor against and from any and all claims arising from any breach or Default in the performance of any obligation on Consignor’s part to be performed under the terms of this Agreement or arising from any intentional act or negligence (simple, gross or otherwise) of the Consignor or any officer, agent, or employee of the Consignor. Consignor, as a material part of the consideration to Consignee, hereby assumes all risk of damage to the Consigned Items other than Consignor’s negligence or willful misconduct.
LIABILITY / PERSONAL DATA. Consignor agrees to release, indemnify, and hold the Consignee harmless for any claims or damages of any kind or description that may arise from data loss or data compromise resulting from the sale of any and all consigned electronics and / or electronic devices. Consignor understands and accepts the complete responsibility for backing up consigned devices, and / or wiping all electronically stored personal information from consigned devices. Consignor understands that he or she must remove all confidential data from consigned devices prior to consigning.
LOCATION OF ITEMS. The Consignee agrees and acknowledges that the Consigned Items shall only be kept and stored at 720 Swan Dr. Charleston, SC 29492 unless otherwise agreed upon by the Consignor in writing.
CONSIGNMENT FEE. The Consignee shall be entitled to 50 percent of the net price of the Consigned Items (the “Consignment Fee”). The net price is calculated as the full purchase price less transaction fees, listing fees, taxes, and shipping and handling.
TIMEFRAME. In the event that all the Consigned Items are not sold within 90 days from the date the Consigned Items were collected by the Consignee, all unsold Consigned Items shall either be donated to the charity selected by the Consignee or purchased directly by the Consignee at a consignment market value based on the ‘per pound’ pricing model used by Palmetto Goodwill Outlets. All transportation and delivery costs shall be borne by the Consignee. After 90 days from the collection of the Consigned Items, the Consignee shall deliver to the Consignor the net price of the Consigned Items less the Consignment Fee. The Consignee may extend the consignment period beyond 90 days under certain circumstances – including, but not limited to Consigned Item seasonality and Consigned Item volume.
CONSIGNOR REPRESENTATION. The Consignor hereby represents and warrants that the Consignor holds full title (or has received, in writing, the authorization to sell the Consigned Items by any necessary parties) to the Consigned Items.
EXPENSES. The Consignee shall bear all transportation and shipping expenses for receptacle delivery to the Consignor, collection of the Consigned Items from the aforementioned Consignor’s address, and delivery of unsold Consigned Items to the selected charity’s donation center.
NO MODIFICATION UNLESS IN WRITING. No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.
APPLICABLE LAW. This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of South Carolina and subject to the exclusive jurisdiction of the federal and state courts located in Berkeley County, South Carolina.
IN WITNESS WHEREOF, each of the Parties has executed this Contract, both Parties by its duly authorized officer, as of the day and year set forth below.
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[CONSIGNOR NAME – print or type]
_________________________________ ______________
[CONSIGNOR Signature] DATE
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[CONSIGNEE NAME – print or type]
_________________________________ ______________
[CONSIGNEE Signature] DATE
