This is our legally binding Consignment Agreement. We believe we have the most generous terms in the industry and strive to please our Consignors. Please read the below before printing off a copy and signing it. Please let us know that you are interested in consigning items with us prior to sending them.
PLEASE CHECK OUT THE NEW CONSIGNMENT AGREEMENT THAT BECAME EFFECTIVE ON JAN 1ST 2013
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CONSIGNMENT AGREEMENT BETWEEN
CALDWELL & COMPANY AND CONSIGNOR
FOR WEBSITE AND ONSITE SALES
This Consignment Agreement states the terms of the parties' agreement with respect to personal property consigned to Caldwell and Company Civil War Antiques for sale. The property is listed on a property inventory form attached to this Agreement properly identified as being the subject of this Agreement. Caldwell and Company officials agrees to use professional skill, knowledge and experience to the best advantage of both parties in preparing for and executing sales of this property. Caldwell and Company will act solely as an agent in any transaction between the Consignor and the eventual buyer.
1. EXCLUSIVE RIGHT OF SALE
By consigning this personal property , Consignor agrees to grant to Caldwell and Company the exclusive right to market and sell the property for an open ended period of time until the Consignor or seller agree to negate the agreement. Consignor has the right to withdraw their property at any time before any sale takes place. Caldwell and Company reserves the right to refuse any item that is deemed inappropriate or is thought to be priced to high for eventual sale. Caldwell and Company will keep item(s) for sale in their possession until the item(s) sells or the item(s) are returned to the consignor.
2. COMMISSION AND FEES
For Caldwell and Company's services, which may include preparing the property for sale, describing the property, photographing the property, listing the property, communicating with prospective buyers about the property, closing the sale, accepting payments for the property, and shipping the property to the buyer at their expense, Consignor agrees that, according to the commission and fees listed, Caldwell and Company will automatically deduct any commissions owed from the final sale price of items(s) prior to issuing final payment to Consignor. Caldwell and Company commission schedule is as follows and may change with any new agreements with consignors:
A. No item under $100.00 retail will be accepted unless prior arrangements have been made and mutual agreement has been made.
B. For items from $100 to $500 the commission will be 20%
C. For items from $501 to $2500 the commission will be 15%
D. For items over $2501 the commission will be 10%
3. ADDITIONAL FEES
The consignor shall also pay Caldwell and Company for any and all fees charged by third party auction websites used by Caldwell and Company ie: AuctionArms, Gunbroker, Ebay, to market, list and /or sell the property which may include listing fees, final value fees, Paypal fees, and any optional fees charged for special website placement. If a consignor wants their item(s) marketed on those auction sites then they must inform Caldwell and Company of their desires before any item would be placed on those sites.
4. INSURANCE AND LIMITATION OF LIABILITY
The Consignor shall be solely responsible for maintaining insurance on the property until the item has sold and the property has been shipped to the buyer. Caldwell and Company shall not be liable in any way for damages, whether by loss, theft or damage while items are in their possession for sale. Extra care is taken to insure that there is no loss, theft or damage to items in their care. Two separate alarm systems protect the structure that the items will be located in. All items will be sent either US Postal Service or UPS, unless specified by the buyer, and will be fully insured prior to being shipped. These expenses will be met by the buyer.
5. RESP[NSIBILITIES AND LIMITATIONS OF THE CONSIGNOR
Along with the submission of the property, Consignor shall provide Caldwell and Company with any and all information pertaining to the property which shall consists of all information about the property, which may include, but not limited to written descriptions, provenance, history, authorship, period, culture, source of origin, quality, rarity, existence of copyright or other proprietary or intellectual property rights pertaining thereto, condition/damage reports, estimates of values and reserves, and such other information as Caldwell and Company may from time to time require of Consignor. All items handled by Caldwell and Company will be offered with a 3 day inspection period to the buyers. Certificates of Authentication may be asked for and will be given. Any verbal history would have to be written down and signed by the consignor if the consignor wants that information included in the sale narrative. If the buyer wants a lifetime money back guarantee that would be up to the consignor to offer. Caldwell and Company reserves the right to refuse any item that it deems, in their opinion, not authentic or has questionable authenticity.
6. METHOD OF SALE
All of the items we offer is offered for sale on our website www.caldwellandcompany.net . Occasionally we will take these items to the various trade shows we attend. As previously stated we can offer these on the various other auction sites when approached to do so by the consignor.
7. SETTLEMENT OF ACCOUNT
No later than 30 business days after the completion of the sale, Caldwell and Company shall pay Consignor the net proceeds received and collected from the sale of the property owned by the Consignor.
8. SELLER'S WARRANTIES AND INDEMNITY
(A) Warranties. Consignor represents and warrants to Caldwell and Company that the Consignor has the right, power and authority to consign the property for sale and to enter into this agreement.
(B) The property is free and clear from all liens, encumbrances or claims of third parties whatsoever.
(C) Good title will pass onto the buyer upon sale.
(D) There are no restrictions to reproduce photographs of said items for sale.
(E) The information Consignor has provided to seller is true and accurate.
(F) Indemnity. Consignor shall defend, indemnify, and hold harmless, Caldwell and Company and agents, against any and all claims, actions, damages, losses, liabilities and expenses arising out of or resulting from any and all claims raised by the buyer of the property, including but not limited to, authenticity, ownership or right to possession of any of the property.
9. WITHDRAWAL BY CONSIGNOR
Consignor shall have the right to withdraw any item owned by consignor and offered by sale by Caldwell and Company at any time prior to the sale of said item(s). Consignor has read and understands all of the terms and conditions of this agreement. Should the Consignor bring any legal action against Caldwell and Company related to this transaction, the matter shall be decided in a court of law in the State of Indiana. In the event said court of law decides in favor of Caldwell and Company, the Consignor agrees to pay all legal costs incurred by Caldwell and Company to defend against such action.
Caldwell & Company Civil War Antiques
816 Pleasant Street
Lebanon, IN 46052
Caldwell and Company Consignor/Consignee Agreement
Agreed to this _____th day of ___________. 20____
Consignor Telephone number:__________________________________________
ITEMS FOR SALE AND GROSS PRICE REQUIRED:
In the event an item was shipped to us for sale and the item did not sell then all costs associated with sending the item back to the consignor rests with the consignor.