UsedSaddles.ca Consignment Agreement
Wear and/or identifying marks:
(please describe, to the best of your ability, your saddle’s history- number of owners, amount of ride time, etc.)
Please ship saddle
(with completed consignment agreement) to the following address:
ATTN: Lynn Whitney
5192 Third Line
Please indicate the agreed upon selling price of the saddle and your preferred method of payment once the saddle results in a final sale. Saddle Price $________
This agreement, made on __/__/____(date) is made between the Consignor _______________(your name) , and UsedSaddles.ca, the party responsible for the final sale of the above listed item on behalf of the Consignor.
This agreement is a contractually binding obligation for both parties, and is strictly governed by the terms outlined below:
1. Term. It is noted that all items sent to Used Saddles.ca for the purpose of consignment remain the property of their owner while advertised for sale by UsedSaddles.ca. The Consignor agrees to leave the items with UsedSaddles.ca for a minimum of 6 months.
2. Promotion. The selling of your item is our first priority, and
UsedSaddles.ca will make every reasonable effort within the scope of our business to sell your item
promptly for the agreed upon price. UsedSaddles.ca agrees to place on display the mutually
agreed upon item or items on the website www.usedsaddles.ca
and all of it’s social media pages for the term described above. This being said,
some items take longer than others to sell, and we do not guarantee the sale of
your item within a specific time frame. Some items may take just a few days to
sell, while others may take months. UsedSaddles.ca
agrees to obtain the price set by the Consignor for each item sold, and will
accept nothing less than the purchase price for the consigned items unless
otherwise agreed upon in writing, and signed off by both parties.
3. Trials. The Consignor, upon agreement to this contract, also agrees
to allow their saddle to go on a five (5) calendar day trial with serious
prospective buyers at the discretion of UsedSaddles.ca. All saddles are paid in
full before going out on trial and are insured for their full value during shipment
to the buyer, and from the buyer (should the saddle be returned).
4. Consignment Fee. UsedSaddles.ca is entitled to collect a two hundred dollar ($200)
consignment fee and will collect all applicable taxes for each sale.
5. Payment. UsedSaddles.ca will pay the Consignor the full amount of the sale price of their saddle, less the two hundred dollar ($200) consignment fee and all applicable taxes, within seven (7) calendar days of receiving cleared payment. Payment will be made by check, PayPal or eTransfer and will be mailed to the address notated on the first page of the consignment agreement.
6. Original Transit. Any loss or damage of an item intended for consignment at UsedSaddles.ca, during transit to our location, is the sole responsibility of the Consignor. It is hereby agreed upon that UsedSaddles.ca is released of any liability for the damage or loss of a saddle prior to its arrival, and may not be held responsible in any way. We strongly suggest insuring the shipment of your item and obtaining a tracking number through your courier of choice.
7. Cancellation. It is completely within the Consignor’s right to remove their item from consignment from UsedSaddles.ca at any time. A listing fee of one hundred dollars ($100) for saddles, and fifty ($50) for tack and accessories will be assessed for any item on consignment with UsedSaddles.ca for less than 6 months. All return shipment costs are the full responsibility of the Consignor, and will be charged prior to the return shipment of the item, to ensure valid payment. We are unable to absorb return shipment costs at our expense, a condition that stands without exception.
8. Insurance. UsedSaddles.ca has proven to the Consignor that they
maintain insurance for any damage or theft that may occur to items left with UsedSaddles.ca.
While the consigned items are in the possession of UsedSaddles.ca those items
will be covered under UsedSaddles.ca’s insurance.
9. Unsold Merchandise. Should the items remain unsold at the end of
the consignment period and an election be made by the Consignor to remove said
merchandise, no consignment fee will apply and any costs incurred by the
delivery of same to the Consignor are to be borne by the Consignor. All return
shipment costs are the full responsibility of the Consignor, and will be
charged prior to the return shipment of the saddle, to ensure valid payment. We
are unable to absorb return shipment costs at our expense, a condition that
stands without exception.
The Consignor also has the option to renew this Agreement for another six (6) months. Once the six (6) month term has expired the Consignor has thirty (30) days to either remove said items or renew this Agreement. Failure to do so within that thirty (30) day period will result in said items becoming property of UsedSaddles.ca as per Section 39 of the Sale of Goods Act, R.S.O. 1990.
10. Entire Agreement. This Agreement, including the attached exhibits, constitutes the entire Agreement between both parties concerning this transaction, and replaces all previous communications, representations, understandings, and Agreements, whether verbal or written between the parties to this Agreement or their representatives. No representations or statements of any kind made by either party, that are not expressly stated in this Agreement, shall be binding on such parties.
11. All Amendments in Writing. No waiver, amendment or modification of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom such a waiver, amendment or modification is sought to be enforced. Furthermore, no provisions in either party’s purchase orders, or in any other business forms employed by either party will supersede the terms and conditions of this Agreement.
12. Non-Assignability and Binding Effect. Except as otherwise provided for within this Agreement, neither party may assign any of its rights or delegate any of its obligations under this Agreement to any third party without the express written permission of the other. Any such Assignment is deemed null and void.
13. Force Majeure. In the event that either party is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of any Act of God, strike, fire, floor, governmental acts, orders or restrictions, Internet system unavailability, system malfunctions or any other reason where failure to perform is beyond the reasonable control and not caused by the negligence of the non-performing party (a “Force Majeure Event”), the party who has been so affected shall give notice immediately to the other party and shall use its reasonable best efforts to resume performance. Failure to meet due dates resulting from a Force Majeure Event shall extend such due dates for a reasonable period. However, if the period of nonperformance exceeds sixty (60) days from the receipt of notice of the Force Majeure Event, the party whose ability to perform has not been affected may, by giving written notice, terminate this Agreement effective immediately upon such notice or at such later date as is therin specified.
14. Severability. If any provisions of this Agreement are held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, they are to that extent to be deemed omitted and the remaining provisions of this Agreement shall remain in full force and effect.
15. Applicable Law. This contract shall be governed by the laws of the Province of Ontario in any applicable Federal Law. UsedSaddles.ca and Consignor do hereby agree to the terms set forth above by their signatures found
Signature of Consignor
______________________________ Date____________Lynn Whitney, UsedSaddles.ca