The Cańon City Queen Anne
Antiques/Tea Treasures Consignment Agreement
Classic Dreams Inc., dba The Cańon City Queen Anne (hereinafter referred to as “QUEEN ANNE”) located at 813 Macon Avenue, Cańon City, Colorado, 81212, and CONSIGNOR NAME
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(hereinafter referred to as “CONSIGNOR”) located at ADDRESS
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Each referred to as a “Party” and collectively as the “Parties”, and,
WHEREAS, QUEEN ANNE is in the business of fine dining meal services and displaying, selling various antiques/tea treasures at its tea restaurant displays, either in personal retail sales or through other means (internet, etc.) and desires to sell or solicit orders for privately commissioned antiques/tea treasures of the CONSIGNOR, and,
WHEREAS, the CONSIGNOR owns or obtains for sale, antiques/tea treasurers and desires to have items or other form of view their items displayed at the QUEEN ANNE facility or represented in other means (internet, etc.) sales,
THEREFORE, Queen and CONSIGNOR enter into this Consignment Agreement (hereinafter referred to as “Agreement”) and agree to be bound by the following terms and covenants:
ARTICLE 1: OBLIGATIONS OF THE PARTIES
1. CONSIGNOR will obtain, own or represent antiques/tea treasures independent of the QUEEN ANNE, create sale price/s, shipping, insurance, purchaser receipt confirmation costs which will be conveyed to purchaser/customer by QUEEN ANNE.
2. QUEEN ANNE and CONSGINOR will agree on sales price, associated costs to serve purchasers needs for each antique/tea treasure commissioned through the efforts of QUEEN ANNE.
3. Of the total retail sales price, not to include shipping, insurance, confirmation costs, QUEEN ANNE shall retain Twenty Percent (20%) and the CONSIGNOR shall receive Eighty Percent (80%). Where there is no shipping required due to sale from the retail stores exhibit of the QUEEN ANNE, CONSIGNOR will be paid within five business days. Where there is shipping, insurance, confirmation costs the QUEEN ANNE shall submit the shipping, insurance, confirmation costs to the CONSIGNOR within Twenty-four hours of receipt of funds from purchaser. Upon confirmation of purchasers receipt of item the QUEEN ANNE will submit remaining funds due, to the CONSIGNOR within five business days.
4. CONSIGNOR will deliver its antique/tea treasurer to QUEEN ANNE or the end purchaser as directed by QUEEN ANNE at its own risks, and while QUEEN ANNE will use all reasonable precautions to protect the antique/tea treasurer from damage or loss, CONSIGNOR will assume all risks of any such damage or loss, CONSIGNOR will make all repairs necessitated by damage to antique/tea treasure while in QUEEN ANNE possession or remove the item.
5. QUEEN ANNE will display CONSIGNOR’S antique/tea treasure or other materials of CONSIGNOR’S for a initial period of one hundred and twenty (120) days, unless otherwise agreed to in writing. QUEEN ANNE may request that the displays or other materials of the CONSIGNOR be removed after the initial period, unless the parties desire to continue with their arrangement. CONSIGNOR will be responsible for recovering their displays or materials from QUEEN ANNE and shall be responsible for the selection or the means of return and the expenses involved in returning antiques/tea treasurers. CONSIGNOR shall not sell items consigned to QUEEN ANNE during this contract period, without QUEEN ANNE receiving Twenty percent (20%) of listing price at QUEEN ANNE store, online services.
6. CONSIGNOR responsible to establish asking price, shipping, insurance, confirmation costs for each antique/tea treasure. CONSIGNOR to submit and maintain inventory list, form to be provided by QUEEN ANNE, to include items in the retail store displays, online services.
ARTICLE 2: TERM AND TERMINATION
7. This Agreement shall remain in full force and effect as long as the CONSIGNOR and QUEEN ANNE continue their business relationship as outlined herein.
8. Either party may terminate this agreement, with or without cause, by providing written notice to the other party at least thirty (30) days prior to its intended termination date. This termination shall not be effective as to any sales made prior to receipt of termination by QUEEN ANNE.
ARTICLE 2: TERM AND TERMINATION
9. NOTICES: Any notices required pursuant to this Agreement shall be made in writing and shall be delivered to the other Party at the addresses designated herein by certified mail or express courier to ensure delivery and the date of delivery.
10. AMENDMENTS: The Parties may amend this Agreement only by a written agreement that identified itself as an amendment to this Agreement and is signed by an authorized representative of each Party.
11. MERGER; ENTIRE AGREEMENT: This Agreement constitutes the entire and final agreement between the Parties pertaining to the matters contained in this Agreement. All prior and contemporaneous negotiations and agreements between the Parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
12. SUCCESSORS AND ASSIGNS: This Agreement binds and benefits the Parties and their respective permitted successors and assigns.
13. GOVERNING LAW: VENUE: The Laws of the State of Colorado shall govern all matters arising out of or relating to this Agreement, including, without limitation, its interpretation, construction, performance and enforcement. Any actions arising out of or related to this Agreement shall be brought in any State Court of Colorado located in, or having jurisdiction and venue over such cases in, Canon City, Colorado.
14. ATTORNEY’S FEES: The Parties agree that the prevailing party in any legal action concerning or involving this Agreement shall be entitled to reasonable attorney’s fees and all costs incurred in such action, including any related appellate action.
SO AGREED, this ___________day of _______________________, 201_.
THE CANON CITY QUEEN ANNE CONSIGNOR
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By: (Printed Name) (Printed Name)
_____________________________ _________________________
Signature Signature
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Title Title
Date agreement form completed: 9/26/11, revised 10/5/11, 10/7/11
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