CONSIGNMENT AGREEMENT FORM
Tunesource LLC
Internet Consignment Shop
Shipping address: Tunesource LLC Consignor address: ____________
P O Box 6464 ____________
Diamondhead, MS 39525-6464 ____________
Mailing address: P O Box 6464
Diamondhead, MS 39525-6464 Telephone: ____________________ ______________________
E-mail:
shop@tunesource.com E-mail: ______________________TITLE QUANTITY/ CONSIGNMENT PRICE
TYPE ($ per Item)
1.____________________________ _________ ______________
2.____________________________ _________ ______________
3.____________________________ _________ ______________
4.____________________________ _________ ______________
5.____________________________ _________ ______________
6.____________________________ _________ ______________
Tunesource LLC (Tunesource) will list your product by title, artist and selling price on its Web Site. Maximum selling price to the buyer will be determined by adding $4.00 to the consignment price that you are asking. Tunesource will also add a charge for shipping and handling plus stste and local sales tax, if applicable. You may change your consignment price at any time by giving written notice. At approximately six (6) month intervals Tunesource will provide you with a statement of account and a check, based upon products sold at your designated consignment price at time of sale.
Your product listing will remain active for twelve (12) months. If your products are sold, you may want to place more on consignment with Tunesource. Unsold products will be returned to you upon request and upon payment of shipping and handling charges. (See Page 2).
This Agreement will remain in effect until the TERMINATION DATE which is one year from the Tunesource acceptance date below.
By signing this Agreement, Consignor acknowledges that he/she has read and agrees to all terms and conditions set forth on Page 1 and Page 2 of this document.
Consignor Signature: Tunesource:
_______________________________________ by ___________________________________
Date: _________________________________ Acceptance Date: _____________________
Page 1
Consignment Agreement
The Consignor, as described on Page 1, and Tunesource LLC (Tunesource) in consideration of the promises made herein and intending to be legally bound, agree as follows:
-
Consignor
desires to have Tunesource sell its products in the Tunesource
Internet consignment shop, and Tunesource 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.
-
Consignor
appoints Tunesource as its non-exclusive consignee
for the sale of the products described on the front of this
sheet.
- Tunesource shall accept possession of the products, on consignment, and offer the products for sale on its web site at a price established at the sole discretion of Tunesource.
- Title to the products consigned and delivered to Tunesource shall remain with Consignor until sold to a customer, at which time title shall pass directly from the Consignor to the customer.
- Tunesource shall have sole discretion in merchandising all consigned products.
- Tunesource shall be allowed as compensation the amount of the difference between the consignment price to Tunesource and the price for which Tunesource sells the products to its customers.
- Tunesource shall keep accurate records showing: all products received from Consignor on consignment; sales records showing quantities sold and terms of sale; all consigned products remaining on hand with Tunesource; and all products returned to Consignor.
- This agreement will remain in effect for twelve (12) months from the Tunesource Acceptance Date on the front of this document.
- Any products remaining unsold shall be returned to Consignor upon Consignor’s written request and payment of shipping and handling charges. Within five (5) working days after the "Termination Date" on the front of this document, Tunesource shall notify Consignor in writing at the address listed herein to remove any existing products. Twenty (20) days after such written notice, any remaining products shall become the sole property of Tunesource, to dispose of or destroy at its discretion.
- From time to time, Tunesource shall deliver to Consignor a Statement detailing all sales of consigned products with remittance of the sum equal to the amount documented on the Statement.
- The Consignor represents and unconditionally warrants that all of the products which it sells on consignment through Tunesource 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; and that Consignor has proper authority to use BMI, ASCAP, SESAC and/or designations of other such agencies that appear on the product.
- In the event of any claim, lawsuit, petition before an administrative agency, or any litigation whatsoever directed against Tunesource 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 Tunesource of consigned products, Consignor shall indemnify and hold Tunesource harmless from all liability therefore. Consignor further agrees to retain at Consignor's expense, legal counsel satisfactory to Tunesource, for the purpose of defending any said claim, lawsuit, petition, or other litigation; and to reimburse Tunesource for all legal expenses reasonably incurred by Tunesource prior to the retention of said counsel by Consignor.
- All disputes shall be settled in accordance with the laws of the State of Mississippi.
- 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.
Page 2