Consignment Contract
This Consignment Contract (hereinafter referred to as the “Contract” or “Contract”) is made and entered into by and between [Consignor’s name] (hereinafter collectively referred to as the “Consignor”) and [Consignee’s name], (hereinafter referred to as the “Consignee”).
The Contract shall become effective on [date], and all the respective rights, duties and obligations of the Consignor and the Consignee shall become effective on that date, unless the parties agree otherwise in writing.
1. Objects of consignment
The Consignor hereby entrusts to the Consignee the goods (hereinafter referred to as the “Consignment Products”) of quantity, specifications and quality as set forth in the Appendix attached to and made an integral component of this Contract.
2. Duties and Obligations of the Consignor
(a) The Consignor shall deliver the Consignment Products to the Consignee at the Consignor’s premises and at his own costs and expenses.
(b) The Consignor shall provide the Consignee with the technical assistance necessary to make the Consignee familiar with the proper use of the Consignment Products;
(c) The Consignor shall provide all technical assistance necessary or requested by the Consignee regarding the repair and maintenance of the Consignment Products entrusted to the Consignee by the Consignor;
(d) The Consignor undertakes to guarantee the quality of the Consignment Products delivered;
(e) The Consignor undertakes to fully inform the Consignee of the characteristics of the Consignment Products and to make the necessary model or sample available for the Consignee’s verification;
3. Duties and Obligations of the Consignee
(a) The Consignee shall ensure the safe storage and proper use of the Consignment Products;
(b) The Consignee shall keep full and complete records of any damage to or destruction of the Consignment Products, and inform the Consignor of the same;
(c) The Consignee shall ensure the payment of all fees and taxes due in connection with the storage, handling and sale of the Consignment Products;
(d) The Consignee shall pay the Consignor the specified price for each Consignment Product sold, after deducting all fees and taxes as specified in the Agreement;
(e) The Consignee shall not sell the Consignment Products to any party other than a bona fide and legally operating organisation;
(f) The Consignee shall bear full responsibility and liability for the proper disposal of the Consignment Products, and shall indemnify the Consignor against any claims, losses or damages in connection with such disposal.
4. Termination
The Consignor or the Consignee may terminate this Contract with due notice at any time and for any reason, without any penalty or contractual obligation to be fulfilled.
In the event of such termination, the Consignee shall bear full responsibility for all expenses and liabilities incurred, including the expenses for returning the Consignment Products to the Consignor.
5. Miscellaneous
(a) This Contract constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes any and all prior agreements, understandings and negotiations, oral or written.
(b) This Contract shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns.
(c) Any modification or amendment of this Contract should be made in writing and signed by both the Parties.
(d) None of the terms of this Contract may be waived or amended except by a writing signed by the Party against whom enforcement of such waiver or amendment is sought.
(e) This Contract shall be governed by and construed in accordance with the laws of [State].
IN WITNESS WHEREOF, the Parties have executed and delivered this Contract, in duplicate, on the day of , 20 .
Consignor Consignee
[Signature & Name] [Signature & Name]
