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 17 Aug 2007
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MormonMemorabilia.com
Consignor's Agreement Form

Mailing address:   P O Box 569

                           Millville, UT 84326

Telephone:           (435) 752-3870

E-mail:                 consign@mormonmemorabilia.com

 

If you have any questions about this form, please e-mail us at the above e-mail address.  Please do not be intimidated by this form.  It is necessary to protect both parties.

Consignment Agreement entered into by and MormonMemorabilia.com®, P.O. Box 569, Millville, UT 84326.

All items in form below must be supplied by consignor:

Consignor's Street Address:
Consignor's Mailing Address:
City:
State:
Country:
Phone:

Mobile Phone:

Consignor's e-mail:

Terms and Conditions

Your information is considered confidential by MormonMemorabilia.com® and will not released to other parties, except as directed by law enforcement agencies.

Sale of your product(s) is/are executed under the following stipulations:

  1. MormonMemorabilia.com® will list your product by title, and other appropriate information related to the product, including selling price, detailed descriptions, and images on the MormonMemorabilia.com Internet web site.

  2. MormonMemorabilia.com® will also add a charge for shipping and handling plus state and local sales tax, if applicable.

  3. Shipping will be done by the consignor at the consignor's expense.

  4. Shipping must be done in a manner to insure safe arrival of the product to the purchaser. 

  5. Agreed upon proceeds from the sale and agreed upon shipping expenses will be paid to the consignor upon safe and satisfactory receipt of product to purchaser. 

  6. If insurance is stipulated by the purchaser, it will executed in the same manner as the above mentioned price and shipping amounts. 

  7. Product must arrive as advertised by MormonMemorabilia.com® and as described by consignor.

You may change your consignment price at any time by giving written notice.  At approximately one (1) month intervals (month end) MormonMemorabila.com® will provide you with a statement of account and a check, if any of the products that you have consigned to MormonMemorabilia.com® have sold at the agreed upon consignment price during the prior interval.

Your product listing will remain active until either party notifies the other with a 30 day advance notice of termination of this Consignor's Agreement.

This Agreement will remain in effect indefinitely from the MormonMemorabila.com® acceptance date (notified by e-mail from MormonMemorabilia.com® of acceptance date).

By signing this Agreement (below), Consignor acknowledges that he/she has read and agrees to all terms and conditions set forth in this document.

Consigned items (if you have more than ten, please fill out a new form):

Title of item Quantity Consignment
Price

 

If the item is a book or other such printed matter, a detailed description must be provided by the Consignor using the format found on the MormonMemorabila.com web site by clicking here.

 


Consignment Agreement

The Consignor, as described on above, and MormonMemorabilia.com® in consideration of the promises made herein and intending to be legally bound, agree as follows:

  1. Consignor desires to have MormonMemorabilia.com® sell their products through the MormonMemorabilia.com® Internet web site. MormonMemorabilia.com® possesses the facilities and ability to sell the above product of Consignor and desires to sell such products on a consignment basis pursuant to the terms and conditions set forth herein.

  2. Consignor appoints MormonMemorabilia.com® as its exclusive consignee for the sale of the products above for the duration of the term of this agreement.

  3. MormonMemorabilia.com® shall accept consignment of the products, and offer the products for sale on its web site at a price established by agreement between Consignor and MormonMemorabilia.com.®  This will be accomplished by listing items above and price desired.  If MormonMemorabilia.com® feels the price is out of line with the market and will limit the ability to sell the product, agreement with the Consignor will be reached through e-mail (or regular mail) communications, which the Consignor will consider to be legally binding or this agreement will be considered null and void.
  4. Title to the products consigned and delivered to MormonMemorabilia.com® shall remain with Consignor until sold to a customer, at which time title shall pass directly from the Consignor to the customer.
  5. MormonMemorabilia.com® shall have sole discretion in merchandising all consigned products unless otherwise agreed upon between Consignor and MormonMemorabilia.com® and shall be in writing.
  6. MormonMemorabilia.com® shall be allowed compensation as follows: 1) Books and all printed material:  a 60/40 split (in exceptional cases we are willing negotiate a different split.  Any exceptional cases will be discussed and agreed upon by separate e-mail, which will be considered legally binding; otherwise this form takes precedence.).  We will help determine approximate sale value, 2) Furniture and other Mormon memorabilia: a 75/25 split on most items.  Again, in exceptional cases, we are willing to negotiate a different split.  We will help determine sale value.  Consignor's further agrees that if the consigned item is sold through a PayPal payment, the Consignor will accept 1/2 of the PayPal charges deducted from the agreed upon consigned selling price.
  7. MormonMemorabilia.com® shall keep accurate records showing: all products consigned by Consignor; sales records showing quantities sold and terms of sale.
  8. This agreement will remain in effect indefinitely until either party notifies the other with a 30 day advance notice of termination from the date of acceptance (Consignor notified by e-mail from MormonMemorabilia.com®).
  9. The Consignor represents and unconditionally warrants that all of the products which consignor sells on consignment through MormonMemorabilia.com® are properly licensed, manufactured, sold and distributed in compliance with the Uniform Commercial Code, and all copyright, trademark, trade name, and anti-trust laws of the United States and the individual states and foreign countries in which the parties hereto, or either of them, do business.
  10. In the event of any claim, lawsuit, petition before an administrative agency, or any litigation whatsoever directed against MormonMemorabilia.com® as a result of a breach of this agreement or an alleged violation of any of the aforesaid laws with respect to the advertising, rental and/or sales by MormonMemorabilia.com® of consigned products, shall be indemnified by Consignor and Consignor shall hold MormonMemorabilia.com harmless from all liability therefore. Consignor further agrees to retain at Consignor's expense, legal counsel satisfactory to MormonMemorabilia.com, for the purpose of defending any said claim, lawsuit, petition, or other litigation; and to reimburse MormonMemorabilia.com® for all legal expenses reasonably incurred by MormonMemorabilia.com® prior to the retention of said counsel by Consignor.
  11. All disputes shall be settled in accordance with the laws of the State of Utah.
  12. This instrument contains all of the agreements, understandings, representations, conditions, warranties, and covenants made between the parties hereto. Unless set forth herein, neither party shall be liable for any representations made, and all modifications and amendments hereto must be in writing.

Consignor understands that by submitting this form that Consignor has read and agrees to all of the above mentioned Terms and Conditions and the Consignment Agreement on this Consignors Agreement Form and that by submitting this form constitutes consignor's electronic signature agreeing to all stipulations set forth above and below.

Consignor's Electronic Signature:
Date of Consignment:

You will be notified by e-mail of MormonMemorabilia.com®'s acceptance of your consigned items (none of which will be physically held by MormonMemorabilia.com® unless otherwise agreed upon in writing).  The date designated in that e-mail will become the legal date for commencement of this Consignor's Agreement.

When you press the submit button below, you may print the results for your own records.