Consignment Agreement THIS AGREEMENT (the “Agreement”) is entered into by and between(Required) First Last whose address is _______________________(address below)___________________ (the "Consignor") and Guarneri House LLC, a Michigan limited liability company, whose address is 5623 Balsam Dr., Hudsonville, Michigan 49426 (the “Consignee”).(Required) Street Address Address Line 2 City State / Province / Region ZIP / Postal Code AfghanistanAlbaniaAlgeriaAmerican SamoaAndorraAngolaAnguillaAntarcticaAntigua and BarbudaArgentinaArmeniaArubaAustraliaAustriaAzerbaijanBahamasBahrainBangladeshBarbadosBelarusBelgiumBelizeBeninBermudaBhutanBoliviaBonaire, Sint Eustatius and SabaBosnia and HerzegovinaBotswanaBouvet IslandBrazilBritish Indian Ocean TerritoryBrunei DarussalamBulgariaBurkina FasoBurundiCabo VerdeCambodiaCameroonCanadaCayman IslandsCentral African RepublicChadChileChinaChristmas IslandCocos IslandsColombiaComorosCongoCongo, Democratic Republic of theCook IslandsCosta RicaCroatiaCubaCuraçaoCyprusCzechiaCôte d'IvoireDenmarkDjiboutiDominicaDominican RepublicEcuadorEgyptEl SalvadorEquatorial GuineaEritreaEstoniaEswatiniEthiopiaFalkland IslandsFaroe IslandsFijiFinlandFranceFrench GuianaFrench PolynesiaFrench Southern TerritoriesGabonGambiaGeorgiaGermanyGhanaGibraltarGreeceGreenlandGrenadaGuadeloupeGuamGuatemalaGuernseyGuineaGuinea-BissauGuyanaHaitiHeard Island and McDonald IslandsHoly SeeHondurasHong KongHungaryIcelandIndiaIndonesiaIranIraqIrelandIsle of ManIsraelItalyJamaicaJapanJerseyJordanKazakhstanKenyaKiribatiKorea, Democratic People's Republic ofKorea, Republic ofKuwaitKyrgyzstanLao People's Democratic RepublicLatviaLebanonLesothoLiberiaLibyaLiechtensteinLithuaniaLuxembourgMacaoMadagascarMalawiMalaysiaMaldivesMaliMaltaMarshall IslandsMartiniqueMauritaniaMauritiusMayotteMexicoMicronesiaMoldovaMonacoMongoliaMontenegroMontserratMoroccoMozambiqueMyanmarNamibiaNauruNepalNetherlandsNew CaledoniaNew ZealandNicaraguaNigerNigeriaNiueNorfolk IslandNorth MacedoniaNorthern Mariana IslandsNorwayOmanPakistanPalauPalestine, State ofPanamaPapua New GuineaParaguayPeruPhilippinesPitcairnPolandPortugalPuerto RicoQatarRomaniaRussian FederationRwandaRéunionSaint BarthélemySaint Helena, Ascension and Tristan da CunhaSaint Kitts and NevisSaint LuciaSaint MartinSaint Pierre and MiquelonSaint Vincent and the GrenadinesSamoaSan MarinoSao Tome and PrincipeSaudi ArabiaSenegalSerbiaSeychellesSierra LeoneSingaporeSint MaartenSlovakiaSloveniaSolomon IslandsSomaliaSouth AfricaSouth Georgia and the South Sandwich IslandsSouth SudanSpainSri LankaSudanSurinameSvalbard and Jan MayenSwedenSwitzerlandSyria Arab RepublicTaiwanTajikistanTanzania, the United Republic ofThailandTimor-LesteTogoTokelauTongaTrinidad and TobagoTunisiaTurkmenistanTurks and Caicos IslandsTuvaluTürkiyeUS Minor Outlying IslandsUgandaUkraineUnited Arab EmiratesUnited KingdomUnited StatesUruguayUzbekistanVanuatuVenezuelaViet NamVirgin Islands, BritishVirgin Islands, U.S.Wallis and FutunaWestern SaharaYemenZambiaZimbabweÅland Islands Country NOW THEREFORE, for and in consideration of the mutual covenants and representations contained herein and for other good and valuable consideration, the receipt and sufficiency of which the parties hereto both acknowledge, the Consignor and the Consignee hereby agree as follows:(Required) I have read, agree and understand1. Consignment of Goods. The Consignor shall deliver the Consigned Goods for consignment to the Consignee’s Premises. Upon delivery, the Consignee shall accept delivery of the Consigned Goods. The Consigned Goods shall remain the sole property of Consignor until sold. Consignee hereby acknowledges that it takes possession of the Consigned Goods only on a consignment basis and it does not acquire any property right or security interest in such Consigned Goods. The Consignor’s consignment is not a consignment intended as a security. 2. Premises. The Consignee at its own cost and expense agrees to keep and display the Consigned Goods at the following premises: 5623 Balsam Dr., Hudsonville, Michigan 49426 (the "Premises"). The Consignee shall display the Consigned Goods at its Premises and shall clearly indicate that the Consigned Goods are the property of the Consignor. 3. Sale of the Consigned Goods. The Consignee agrees to use its best efforts to sell the goods on behalf of the Consignor at or above the following minimum price: see details below. Consignee shall not sell the Consigned Goods below the Minimum Price without Consignor’s advanced agreement. 4. Payments. The Consignee agrees, upon sale, to receive the sale proceeds due to the Consignor and to deliver the sales proceeds, after deducting Consignee’s commission, to the Consignor within thirty (30) days of the sale.5. Term. This Agreement shall commence on the below date and continue for a minimum period of 1 year. Thereafter, the Consigned Goods will remain on consignment with the Consignee, and the Consignor will be free to retrieve the Consigned Goods if they wish to do so. MM slash DD slash YYYY The Consignor and the Consignee hereby agree as follows:(Required) I have read, agree and understand6. Independent Contractor. The Consignee is, and shall remain, an independent contractor selling to third-party buyers the Consigned Goods. The Consignee is not an employee nor otherwise an agent of Consignor except for the express limited purpose set forth herein of providing consignment services. 7. Notices. Any notices, bills, invoices, written agreements, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during receiving party’s regular business hours or by facsimile or email with proof of receipt before or during receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Agreement. The addresses to be used for the parties shall be as set forth in the introductory paragraph of this Agreement unless subsequently changed in writing by the issuance of a party to the other. 8. Insurance and Liability Release. Consignor understands that Consignor shall be solely responsible for insuring the Consigned Goods from theft, loss, negligence, destruction, or damage of any kind when the Consigned Goods are placed in the possession of Consignee pursuant to this Agreement. Consignee shall have no obligation to insure the Consigned Goods. If theft, loss, negligence, destruction, or damage of any kind occurs to the Consigned Goods while in the possession or under the responsibility of Consignee pursuant to this Agreement, Consignor shall bear all loss and responsibility and hereby releases Consignee and Consignee’s successors, agents, owners/members, employees and assigns, from all claims, losses, liabilities, damages, demands, costs and expenses relating thereto or arising therefrom. In no event shall Consignee be liable to Consignor for any indirect, incidental, consequential, special or exemplary damages. 9. Indemnification. In the event Consignor breaches or defaults in any of the covenants, representations, obligations or warranties imposed upon Consignor through this Agreement, Consignor shall at its own expense, indemnify, defend and hold harmless Consignee and Consignee’s successors, agents, owners/members, employees and assigns, from and against any and all claims, losses, liabilities, damages, demands, costs and expenses, including reasonable attorneys’ fees and court costs. 10. Waiver of Jury Trial. The parties waive the constitutional right to a jury trial in any action on or concerning this agreement. The parties acknowledge that such waiver is voluntary and with full knowledge of the right being relinquished. 11. Miscellaneous. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of remaining provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision is reduced in scope to the maximum enforceable level. No failure or delay on the part of any party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege under this Agreement preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law. This Agreement is being executed and delivered and is intended to be performed in the State of Michigan and shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the State of Michigan without regard to conflict of laws rules. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which shall constitute one instrument. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. This constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement, and any prior discussions, negotiations, understandings, representations and agreements between the parties are merged in this Agreement. This Agreement may be amended only in a writing executed by all parties. The parties agree that each party has had the opportunity to participate in the drafting or modification of this Agreement, that it accurately reflects the intent and understanding of each party, and that it should not be construed against a party because that party may have had a greater role in the drafting of any provision. The parties agree that signatures on this Agreement, as well as any other documents to be executed under this Agreement, may be delivered by facsimile or electronically in lieu of an original signature, and the parties agree to treat facsimile or electronic signatures as original signatures and agree to be bound by this provision. A copy of the signature of any party will be immediately binding on that party on its receipt by the other party by facsimile or electronic mail and will have the same effect as an original signature.Consigner Contact Information(Required) First Last Address(Required) Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Phone(Required)Email(Required) Consignment Information#1 ItemSerial NumberConsignment PriceCustomer To Receive 70%#2 ItemSerial NumberConsignment PriceCustomer To Receive 70%#3 ItemSerial NumberConsignment PriceCustomer To Receive 70%#4 ItemSerial NumberConsignment PriceCustomer To Receive 70%It is understood that if the above item(s) are below minimum Guarneri House specifications with regard to condition and/or set up, it must be brought up to such specifications at an estimated cost of $______________ to the CONSIGNOR, and the total will need to be paid in full by the Consignor on the date of the contract.This Agreement is signed by the parties on the dates set forth next to their signatures below but with an effective date first written above.(Required) MM slash DD slash YYYY Consigner(Required) First Last Consignee(Required)Date(Required) MM slash DD slash YYYY
