Consignment Terms & Conditions
Consignor - The individual, business, company or organisation selling/supplying goods. (You)
Consignee - Rockabilly Australia Pty Ltd; The company responsible for holding & resale of goods. (Us)
Goods - Products or Items to be sold by Rockabilly Australia Pty. Ltd.
The Consignor owns the goods described in the product registration form attached to this document (Goods).
The Consignee wishes to take the Goods on consignment for sale.
The Consignor agrees to provide the Goods to the Consignee for sale or return on the terms and conditions set out in this agreement.
Agreement to sell
In consideration of delivery of the Goods by the Consignor to the Consignee, the Consignee agrees to use its best endeavours to sell and promote the Goods.
The Consignee reserves the right to refuse any and all items for proposed sale for any reason.
Events upon sale
Within 14 business days from the date of sale of any Goods, the Consignee must remit the price to the Consignor as specified in the product registration form attached to this document in relation to the Goods sold.
Sale or return
All Goods which have not been sold by the Consignee within 12 months of the date of this agreement shall be returned by the Consignee to the Consignor at the Consignee's expense unless agreed otherwise by both parties.
The Consignee reserves the right to terminate or pause the agreement with the Consignor at any time and for any reason.
Title of the Goods will remain the Consignor's until the first of the following occurs:
the Goods are sold by the Consignee;
the Goods are lost or damaged (whether or not by the Consignee or by any person for whom the Consignee has legal responsibility);
the Consignee performs any act which has the effect of adopting the transaction (including without limitation, re-selling the Goods or dealing with them as the Consignee's own property or making actual or constructive delivery of the Goods to any person for any purpose or transaction); or
the Consignee does not give the Consignor notice of rejection of the Goods and retains the Goods for longer than a 2 month period after they are delivered to the Consignee.
Risk of the Goods passes to the Consignee upon delivery of the Goods by the Consignor to the Consignee.
If any loss or damage to the Goods occurs after delivery of the Goods to the Consignee and prior to return of the Goods to the Consignor, this will be considered to be a sale of the Goods to the Consignee entitling the Consignor to payment pursuant to product registration form attached to this agreement; with the exception of goods deemed by the consignee, damaged upon initial inspection.
Consignees obligations in relation to Goods
The Consignee must not:
1.2. remove, deface or cover up any marks of identification of ownership from the Goods;
1.3. misrepresent who is the owner of the Goods; or
1,4. in any way assign, charge, lease or otherwise deal with, or create a security interest over, the Goods except for the purposes of, and consistent with, this agreement
Within 2 business days of the arrival of any and all goods, the consignee must conduct an initial inspection of all received goods for the likes of damage and/or errors, in which, within 24 hours of said inspection, the consignee must notify the consignor. The consignee will not be held responsible for any and all damages and/or errors documented within the initial inspection.
Consignors obligations in relation to Goods
The consignor must not provide or attempt to provide any second hand goods to the consignee for sale unless otherwise agreed upon by the consignee in writing.
The consignor must ensure any and all products sent to the consignee are in perfect condition/working order with no damage, marks or manufacturer faults at the time of sending products to the consignee.
Personal Property Securities Act (Cth) 2009 (PPSA)
If this agreement is a commercial consignment:
it does not secure payment or performance of an obligation;
the Consignor and Consignee both deal in the Goods consigned under this agreement in the ordinary course of business;
the interest of the Consignor in the Goods and all proceeds is a security Interest and this agreement is a security agreement;
the Consignee consents to the Consignor registering its security interest on the Personal Property Securities Register and agrees to provide all assistance reasonably required by the Consigner to facilitate registration;
the Consignee waives its right to receive any notice under the PPSA (including notice of verification statement) unless the notice is required by the PPSA and cannot be excluded;
the Consignor and Consignee agree that this agreement and all related information and document(s) are confidential (Confidential Information) and will not be disclosed to unauthorised representatives or third parties, except to the extent disclosure is permitted by this agreement or required by law. The Consignor and Consignee agree that the Consignor will not disclose the Confidential Information pursuant to a request under section 275(1) of the PPSA; and
unless the Goods are used predominantly for personal, domestic or household purposes, the Consignor and the Consignee agree each of the following requirements or rights under the PPSA do not apply to the enforcement of the Consignor's security interest in the Goods or of this agreement:
any requirement for the Consignor to give the Consignee a notice of removal of accession;
any requirement for the Consignee to give a notice of the Consignor's proposed disposal of the Goods;
any requirement for the Consignor to include in a statement of account, after disposal of the Goods, the details of any amounts paid to other secured parties;
any requirement for the Consignor to give the Consignee a statement of account if the Consignor does not dispose of the Goods;
any right the Consignee has to redeem the Goods before the Consignor exercises a right of disposal; and
any right the Consignee has to reinstate this agreement before the Consignor exercises a right of disposal of the Goods.
Expressions defined in the PPSA have the same meaning when used in this agreement.
Price of Goods
The price of all goods must be agreed upon by both the Consignor and the Consignee before the Goods are listed for sale.
The price of goods must be stipulated by the consignor within the product registration form attached to this document.
The price of goods will not vary unless the price is agreed upon in advance by both the Consignor and Consignee.