Consignment Agreement


Consignment Agreement
215 S Main St, Monroe, NC 28112
(704) 635-7453
Consignment Agreement
Consignor’s Name:
Zip Code:
Type of Consignment: Retail Consignment
Main Street Music will receive and retain the following commission from the proceeds of the sale:
□ Retail commission rate: □ 20%
I have read and agree as signed below to the stated fees and terms above and conditions provided on the reverse page.
Seller’s Signature or Seller’s Agent
Authorized Main Street Music Representative
Please send your items to the shipping address.
Shipping address: Main Street Music, 215 S Main St, Monroe, NC 28112
Consignment Agreement (pg. 2)
1. Consignment: The Consignor hereby consigns to Main Street Music (Main Street Music) the Property (Property) identified by the
above consignment number, authorize Main Street Music, as the Consignor’s agent, to offer such Property for sale and agree to the
terms and conditions stated on the front and reverse side of this Agreement. Retail consignments are items consigned to Main
Street Music to be sold for a fixed agreed upon price for a term of three (3) months unless otherwise specified. Any amount above
stated retail price is a buyer’s premium paid to Main Street Music. Main Street Music will pay the consignor the net proceeds of the
agreed upon retail sale amount stated on contract less the agreed upon Commission. In no case will Main Street Music be held liable
for an amount greater than the agreed upon retail price estimate.
2. Commission: Main Street Music will retain as its commission 20% from the proceeds of the sale unless otherwise specified on
front of agreement. Other amounts that may be outstanding such as restoration, online listing fees, credit card transaction fees,
packaging, shipping, transportation, insurance may also be deducted from the proceeds of sale unless otherwise stated.
3. Insurance: Consignor hereby confirms and agrees that insurance is the sole responsibility of the consignor. Main Street Music will
not be held liable for damage or loss as a result of civil disturbance, terrorism or Acts of God.
4. Sale: The time, place, manner and all conditions of sale, including the division of property into saleable lots, shall be determined
solely by Main Street Music unless specifically stated otherwise on front of Agreement. Retail consignments are for a term of three
(3) months unless otherwise specified by Main Street Music.
5. Estimates / Descriptions: Main Street Music reserves the right to change estimates and is not a guarantee of the actual value or
obtainable price of any property. Main Street Music will not be held liable for any errors or omissions in the description or
advertising of the property.
6. Warranties / Indemnity: The Consignor warrants that he/she has the right to consign the Property for sale. The Property is free of
all liens, claims, and encumbrances, that good title and right to possession will pass to the Purchaser free of all liens, claims and
encumbrances, and there are not restrictions on Main Street Music to reproduce photographs, graphic or digital representations of
the Property. The Consignor agrees to hold Main Street Music harmless from and against any and all claims, damages, liabilities and
expenses (including reasonable attorney fees) and any losses including commissions, relating to the breach of any Consignor
obligations. If Consignor is acting as an agent for a principal, Consignor and principal, jointly and severally, assume all of the
obligations under this Agreement.
7. Withdrawal: If Consignor withdraws Property from sale after the execution of this Agreement, the Consignor will pay Main Street
Music 20% of the average high and low estimate or retail price (minimum $50 per item) at the time of withdrawal and any
outstanding advertising, marketing, transportation, shipping or insurance fees. Items may not be withdrawn because of an increase
in estimate or retail price. Main Street Music may withdraw any Property for sale at any time especially if Main Street Music believes
there are doubts as to the Property’s ownership, authenticity or attribution.
8. Unsold Property: Main Street Music may return unsold property at the Consignor’s expense or re-offer the Property at
subsequent sale to the highest bidder. Main Street Music is not liable for any damage or loss to property that remains at Main Street
Music past 30 days after written notification to the Consignor that the item has not sold or has been withdrawn. Main Street Music
may impose a monthly storage charge equal to 5% of the low estimate or reserve amount whichever is higher on all property that is
withdrawn or has not sold and remains at Main Street Music after 90 days.
9. Settlement: Provided that Main Street Music has received full payment from Purchaser and in the case of shipping has been
accepted by the Purchaser, Main Street Music will pay the Consignor the net proceeds from the sale of such Property, less
Commissions and any other amounts due Main Street Music, on or before 30 days from date of sale.
10. Governing Law & Forum for Disputes: The laws of North Carolina shall govern the sales of Main Street Music. Any disputes which
may arise in connection with the sale, auction and/or any auction purchase, and all of the terms and conditions set forth herein
above, shall be governed by and construed in accordance with North Carolina law. In the event that Main Street Music needs to
bring an action to enforce the terms and conditions herein and/or to collect any sum due and owing to it, Main Street Music shall be
entitled in addition to collect its reasonable attorney’s fees, collection agency fees, and cost of suit.
____________ initialed by consignor