This Consignment Agreement (the “Agreement”) states the terms and conditions that govern the contractual agreement entered into by and between:
My Desert Rose (the “Consignee”), located at, 48 Alpina Road, Claremont, Cape Town, 7708
(the “Consignor”) located at,
NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the Consignor and My Desert Rose (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:
RIGHT TO SELL
TERMS OF SALE
ACCEPTED ITEMS & QUALITY STANDARDS
LOCATION OF ITEMS
My Desert Rose agrees and acknowledges that the Consigned Items shall only be kept and stored at 48 Alpina Road, Claremont, Cape Town, 7708 unless otherwise agreed upon by the Consignor in writing.
The Consignor hereby represents and warrants that the Consignor holds full title (or has received, in writing, the authorisation to sell the Consigned Items by any necessary parties) to the Consigned Items.
It shall be the responsibility of My Desert Rose to maintain all records of consignments and ensure accurate record keeping of each item, quantity and what was sold. The Consignor shall have the right to inspect all records related to their account.
The Consignor shall retain ownership of any and all Consigned Items until such time as the item is sold. My Desert Rose hereby acknowledges that it takes possession of the Consigned Items only on a consignment basis and it does not acquire any property right or security interest in such Consigned Items.
RETURN OF MERCHANDISE
If during the Consignment Period, the Consignor chooses to have all or some of their Consigned Items returned by My desert Rose, they must do so with reasonable written notice to My Desert Rose. The Consignor will be charged a fee of R500.00 per item to cover My Desert Rose’s costs of storing, cataloging and photographing the Items, and the Consignor will be responsible for all shipping costs. My Desert Rose shall have no obligation to return such items unless and until the Consignor has provided all costs aforementioned.
TERMINATION OF CONSIGNMENT AGREEMENT
My Desert Rose may terminate this Agreement at any time and for any reason by providing 7 days advance written notice and by returning to the Consignor all the unsold merchandise that is the subject of this Agreement. The Consignor may terminate this Agreement at any time and for any reason by providing 7 days advance written notice, but said termination shall not affect the agreement regarding items of merchandise already sold. The expense of delivery to the Consignor of any unsold merchandise shall be the responsibility of the party terminating this Agreement. Cost listed above in “Return of Merchandise” will apply.
BREACH OF AGREEMENT
In the event that My Desert Rose fails to perform and/or adhere to the terms and obligations contained herein this Agreement, the Consignor shall be afforded the opportunity to cancel this Agreement by providing 7 days advance written notice to My Desert Rose.
However, the Consignor shall in turn afford My Desert Rose the opportunity to take corrective action prior to the deadline stated in the aforementioned advance written notice to avert cancellation of this Agreement.
My Desert Rose shall maintain the exclusive right to determine the business operation and management of its premises. The Consignor shall have no liability or responsibility for the operation and management of My Desert Rose's business, employees, staff, officers or agents or any torts or other causes of action that may result from daily operation of business, and My Desert Rose agrees to defend, indemnify and hold harmless the Consignor for same.
LIABILITY FOR LOSS, DAMAGE OR THEFT OF CONSIGNED ITEMS
In the event that the Consigned Items is lost, stolen, destroyed, damaged or unaccounted for due to any cause, known or unknown, while consigned to My Desert Rose:
The merchandise, or each item consigned, that is lost or unaccounted for shall be considered as having been sold, and My Desert Rose shall pay unto the Consignor the amount agreed herein as if the lost merchandise had been sold and the Consignor shall be paid the previously agreed upon percentage, and that amount shall be paid no later than 30 days following the loss of the merchandise.
The herein contained Consignment Agreement constitutes the entire understanding of both My Desert Rose and the Consignor pertaining to all matters contemplated hereunder at this time. The parties signing this Consignment Agreement desire or intend that any contract or other agreement entered into between the parties subsequent hereto shall supersede and preempt any conflicting provision of this Consignment Agreement whether written or oral.
Neither My Desert Rose nor the Consignor shall make any guarantee or warranties in relation to any sale, use or transfer of the merchandise by the other party or any third party acting on behalf of My Desert Rose or the Consignor. The Consignor hereby agrees to indemnify and hold My Desert Rose harmless from all damages, suits, litigation, awards, and costs, including but not limited to attorneys’ fees and costs, that may arise out of My Desert Rose’s display or sale of the Consigned Items for any reason whatsoever, including but not limited to civil or criminal suits over authenticity, legality, ownership, infringement of copyright or trademark, or any other claim or litigation.
NO PROPERTY WARRANTIES
My Desert Rose shall not offer any warranties on any item of Property, except to the extent a warranty is required by law and cannot be disclaimed.
This Agreement is not assignable and may not be modified other than by a written modification agreed to and signed by both parties.
My Desert Rose and the Consignor agree that instances or patterns of wavier, forbearance, course of dealing or trade usage shall not affect the right of either party to demand performance of any term or condition contained within this Agreement.
This Agreement shall be governed as to validity, interpretation, construction, effect, and in all other respects by the laws and decisions of the Republic of South Africa, without regards to its conflict-of-law provisions. The Parties hereby irrevocably consent to the jurisdiction of the courts of Cape Town, South Africa, with respect to any matter arising under this Agreement.
If one or more of the provisions of this Agreement shall be declared or held to be invalid, illegal, or unenforceable in any respect in any jurisdiction, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby and any such declaration or holding shall not invalidate or render unenforceable such provision in any other jurisdiction.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
IN WITNESS WHEREOF, each of the Parties has executed this Contract, both Parties by its duly authorised officer, as of the day and year set forth below.