Consignor states and agrees that the description(s) of the consigned (property, equipment, items) is/are true and correct to the best of Consignor’s knowledge and belief and further, that no undisclosed defects in such consignment are known to Consignor.
3. Exclusivity of Agreement. Consignee shall have the exclusive right to market and sell the (property, equipment, items) described herein above.
Consignor shall not have the right to sell the (property, equipment, items) described herein above for his own account. If Consignor does sell the consignment listed in this Agreement, Consignee shall nonetheless be entitled to payment for the sale of such consignment on the terms and conditions of this Agreement.
4. Price. The offering price(s) (is/are) to be determined by Consignee. Consignee agrees to inform Consignor of bona fide offers to purchase the consigned (property, equipment, items) for prices less than the asking price set by Consignor. Consignor (reserves the exclusive right/grants the right to Consignee) to accept a price less than the offering price.
5. Time of Payment(s) to Consignor. Consignor agrees that Consignee shall require and receive full payment on the sale of the consigned (property, equipment, items) prior to any obligation of Consignee to remit payment to Consignor for the same. Upon receiving full payment for such sale, Consignee shall remit, in United States currency or a check drawn on a United States bank, the amount due to Consignor under this Agreement no later than the day of the month following the date of such full payment.. It is agreed that full payment shall be construed to mean and include ten (10) days for the clearing of any monetary instrument by Consignee’s bank.
6. Amount(s) of Payment(s) to Consignor. Consignor and Consignee that an amount of 55% of the selling price as set and agreed to by Consignor shall be due and payable to Consignor for the upon the sale of the (property, equipment, items) subject to this Agreement. Consignee shall provide a monthly written statement listing all sales made of the (property, equipment, items) subject to this Agreement including the dates of such sales, the total amount(s) received and the commission due to Consignee. Consignee has fully read, understands, and agrees to the structure, rate, and terms outlined and disclosed at the website whitemetalgames.com. The parties agree that Consignee may withhold and retain the commission due Consignee from the amount to be remitted to Consignor under Article 5 of this Agreement upon the sale of the consigned (property, equipment, items).
7. Termination of this Consignment Agreement. Consignee may terminate this Agreement at any time by returning to Consignor any or all of the unsold (property, equipment, items) which is/are the subject of this Agreement. Consignor may terminate this Agreement at any time so long as such termination is made before the sale of (property, equipment, items) which is/are subject to this Agreement. The expense of delivery of any unsold (property, equipment, items) shall be paid by the party terminating this Agreement. Prior notice of termination shall be required of a terminating party and notice shall be in writing, whether email or postal mail, three business days before deemed effective. If the Consignor terminates this agreement, any remaining items left in the possession of the Consignee for greater than 30 DAYS shall become the exclusive property of the Consignee. Consignee reserves the right to charge a $30 handling fee per canceled lot and this fee will be deduced from any balance due.
8. Operation of Consignee’s Business. Consignee shall have the exclusive right to determine the business operation and management of its premises. Consignor shall have no liability or responsibility for the operation and management of Consignee’s business, employees or agents.
9. Advertising. Consignee may not use Consignor’s name or other identifying information in the advertising, promotion and sale of the consigned (property, equipment, items).
10. Assignment. This Agreement is not assignable and may not be modified other than by a written modification agreed to and signed by both parties.
11. Construction. This Agreement shall be construed and governed according to the laws of the State of North Carolina.
12. Waiver. Waiver, forbearance, course of dealing or trade usage shall not affect the right of a party to demand performance of any term or condition of this Agreement.