The Consignment Agreement is essential for businesses operating under Irish jurisdiction who wish to establish a commercial arrangement where goods are provided for sale without immediate transfer of ownership. This document is particularly relevant when suppliers seek to expand their distribution channels while maintaining control over their inventory, or when retailers want to minimize inventory risk. The agreement, governed by Irish law, includes crucial provisions for inventory management, commission structures, sales reporting, and risk allocation. It ensures compliance with relevant Irish legislation including the Sale of Goods Act 1893 (as amended), Sale of Goods and Supply of Services Act 1980, and applicable commercial regulations. The document is commonly used in retail, luxury goods, art, and various other sectors where consignment models are prevalent.
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1. Parties: Identification of the consignor and consignee, including full legal names and addresses
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Terms of the consignee's appointment and scope of authority to sell goods
5. Delivery and Receipt of Goods: Process for delivering goods to consignee and documentation requirements
6. Title and Risk: Clarification that title remains with consignor until sale, and allocation of risk
7. Pricing and Commission: Agreed pricing structure, commission rates, and payment terms
8. Obligations of Consignee: Duties regarding storage, display, sale, and care of consigned goods
9. Obligations of Consignor: Responsibilities including product quality, documentation, and support
10. Accounting and Reporting: Requirements for sales records, inventory reports, and financial accounting
11. Payment Terms: Timeline and method for remitting sales proceeds and handling commission
12. Term and Termination: Duration of agreement and circumstances for termination
13. Return of Unsold Goods: Process and conditions for returning unsold merchandise
14. Confidentiality: Protection of confidential information shared between parties
15. General Provisions: Standard legal clauses including governing law, notices, and amendments
1. Insurance Requirements: Specific insurance obligations - include when dealing with high-value goods
2. Storage and Handling Requirements: Special conditions for storage - include for perishable or sensitive goods
3. Marketing and Display: Requirements for product display and promotion - include for retail consignment
4. Minimum Sales Requirements: Sales targets and consequences - include when performance benchmarks are needed
5. International Shipping: Cross-border requirements - include for international consignment
6. Intellectual Property: IP rights and usage - include when branded goods are involved
7. Data Protection: GDPR and data handling - include when personal data is processed
8. Force Majeure: Provisions for unforeseen events - include for long-term or high-value agreements
9. Non-Competition: Restrictions on selling competing products - include when exclusivity is required
1. Schedule 1 - Consigned Goods: Detailed list of products, including descriptions, quantities, and SKUs
2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, including any variations by product or volume
3. Schedule 3 - Pricing Guidelines: Agreed pricing ranges or fixed prices for consigned goods
4. Schedule 4 - Reporting Templates: Standard forms for inventory and sales reporting
5. Schedule 5 - Storage Requirements: Specific storage and handling instructions for goods
6. Schedule 6 - Service Level Agreement: Performance metrics and service standards
7. Appendix A - Return Procedures: Detailed procedures for returning unsold goods
8. Appendix B - Insurance Certificates: Copies of required insurance documentation
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