RIGHT TO SELL/COPYRIGHT INFRINGEMENTS
The Vendor hereby represents and warrants that they hold full title (or has received, in writing, the authorization by any necessary parties) to sell the items they are consigning for sale. The Consignor also hereby releases the Store from all future involvement, liability, and responsibility from any possible copyright or trademark infringement actions instigated against the Consignor. The Consignor accepts total and sole responsibility for compliance to any and all copyright and/or trademark laws pertaining to the items they are attempting to sell.
The rental fee for the booth shall be per month, or any part of the month, and is non-refundable. The rental amount is $60.00 per month and for your allocated amount of floor space only. Expanding beyond your rented space subjects you to additional rental fees.
Rent must be paid with cash or check (no debit/credit cards can be used for rent payments) and is due to be paid in full no later than noon, local time, by the FIRST DAY of each month. If the first day of the month is on a Sunday, a Federal holiday, or any day the Store is not open, rent payments must be made before noon on the last business day of the preceding month.
LATE RENT FEES / PENALTIES
When any amount of the rent is not paid in full by the first of any month, the Vendor account becomes delinquent and subject to a DELINQUINT PENALTY of $20 per month for each month any rent is past due. Additionally, there may be a daily late rent penalty of $2.50 per day for each day (or any part of a day) while any part of the rent payments remains delinquent.
If any booth rental becomes past due by 60 days or more, the Vendor shall without hesitation, forfeit ownership and transfer ownership to Northwest Consignments, items of value equal to the amount of all past due rent, plus all accrued late penalties and fees. If this occurs, a processing fee of an additional 10% of the combined past due total may be assessed.
If any booth rental becomes past due by 90 days, ownership of ALL merchandise within the Vendor booth shall be transferred completely and without exemption to Northwest Consignments and this contract becomes void, with the Vendor subject to collection activity. There will be an additional flat fee of $50 added to cover expenses if any part of the rent becomes 90 days or more past due.
Any check returned from any financial institution as unpaid for any reason may be cause for this contract to be immediately terminated and could subject the Vendor to collection activity of the amount of the declined check, the fee(s) charged by the financial institution, plus a $30 fee from Northwest Consignments. In the event a second check is returned for any reason, the aforementioned fees and penalties may be charged, plus Northwest Consignments reserves the right to terminate this contract immediately, and/or take full ownership of all merchandise in the Vendor booth.
VENDOR PAYMENT / COMMISSION FEE
The Store shall be paid a “Consignment Fee” of 10% of the selling price for each item sold from the Vendor display during each sales month. The sales month typically ends at closing time on the last Saturday of each month, with December being the only exception. The sales month of December shall always terminate on the last calendar day of December, regardless of the day of the week
Every attempt will be made to have Vendor payouts available within seven business days from the end of each sales month. This payment will be made to the Vendor (or to a previously authorized agent of the Vendor) by the Store and will be available for pickup no more than for sixty days from the end of the sales month being paid. After the sixty calendar day window elapses, all unclaimed Vendor payment money is forfeited by the Vendor and the money reverts back to the Store. No payouts for any month will be available after sixty calendar days from the end of the sales month.
This original contract shall be binding for ninety (90) consecutive and successive days, commencing from the DATE OF ACTIVATION. After this initial 90 day term, this contract and all provisions therein shall automatically renew on a “month-to-month” basis unless notice to vacate is given to the Store from the Vendor, or notice of eviction given to the Vendor from the Store.
CONTRACT CANCELLATION / MOVING OUT
The Vendor may cancel this contract at any time after the initial ninety day period, by providing the Store with a written and signed “Intent To Vacate” notice. This notice must be presented in person by the Vendor, to the Store, NO LESS THAN 30 CALENDAR days prior to desired date of departure. If any rent is delinquent when Vendor submits the Intent To Vacate notice, the Vendor automatically and immediately grants to the Store, the right to take possession of adequate Vendor merchandise to fully compensate the Store for the amount of money owed to Store, including any or all of the above fees and penalties.
Once the contract has been canceled, all Vendor merchandise remaining after the effective cancellation date shall become property of the Store with no compensation in any form due to Vendor.
The price of each item offered for sale is determined by the Consignor. The item price, in addition to the 'Vendor Number', (as assigned by Northwest Consignments), must be legibly written in ink on the item tag. The Store will furnish item tags at no cost to Consignor. Each individual item MUST have an accepted Item Tag affixed to it with the VENDOR NUMBER, a BRIEF DESCRIPTION OF THE ITEM, and the ITEM PRICE being CLEARLY written on one side, with the price of the item also printed on the reverse side of the tag. Failure to comply may result in non-payment for sales.
The Store represents and warrants that they shall maintain insurance coverage sufficient to compensate the Consignor for the fair market value of the Consignor owned items in the event of damage or destruction due to fire, flood, or other natural causes, provided a detailed and accurate inventory is produced to the Store by the Consignor, if requested, after such an event. The Consignor hereby releases the Store from any and all financial liabilities and losses that may occur due to misplacement of items, theft, vandalism, or breakage.
MODIFICATIONS TO STRUCTURE and/or BOOTH
The Vendor is expressly and completely prohibited from making, or being the cause of, any modification of any type, to any part of the structure located at 224 South Main Street, Seneca, Pennsylvania. This includes but is not limited to writing, printing, or affixing stickers to any surface not owned by the Vendor. The Vendor shall not engage in drilling holes, inserting fasteners of any type, or adding/removing material to any part of the booth and/or building. No changes of ANY KIND shall be made by the Vendor. Any floor coverings desired by the Vendor for use within the Vendor booth must be previously approved by the Store, in writing, before flooring is placed within booth. Any and all changes to the booth shall be made exclusively by the staff of the Store.
No electrical items will be activated/powered within the Store without written consent from the Store. The management of Northwest Consignments holds full and final determination as to whether or not any device is permitted to be activated/powered/displayed within the booth. Lighted display cases/cabinets. electrical extension cords, multiple outlet power strips, outlet modifiers, or any electrical device, supplied by the Vendor, CANNOT be used within any area of the consignment center without written consent from the Store. Heating and/or cooling devices not furnished by the Store is expressly prohibited from being activated. The Store retains the right to remove any electrical device from a Vendor booth without prior notice.
FORBIDDEN ITEMS / ITEM REMOVAL / REFUSAL TO DISPLAY
The Store reserves the right to refuse display of any item, remove any item, and/or refuse any item from being sold through the store. The Store may, at their discretion, remove any item from the sales floor, for any reason, at any time, without advanced notice to the Vendor. Be it known that Northwest Consignments will NOT permit items such as, (including but not limited to), certain tobacco related products or equipment/paraphernalia, unlawful drugs or equipment/paraphernalia, firearms (other than non-working/toy/replica), no ammunition or explosive devices of any kind. Additional items we cannot display include but are not limited to are any size or type of upholstered furniture, stuffed animals/dolls, filled blankets/comforters, clothing (other than 100% nylon items), or any item deemed by Store management to be, or to potentially be, highly controversial, or slanderous to any race, color, gender, or creed of people.
The routine hours of operation for the store shall be determined by the management of Northwest Consignments, and may change at any time without advance notice. We base our routine schedule on consumer trends, local events, and many other factors. If the store is closed for any unexpected occurrence of any nature, no compensation will be made to the Vendor for the loss of potential income/sales,
The Vendor shall bear all costs and expenses for the transportation, stocking, re-stocking, and removal of items they desire to sell. The Vendor shall also bear the full cost and the sole responsibility to maintain, clean, and restock the rented booth.
You will receive one, $10.00 'Referral Credit' off your monthly rental fee with Northwest Consignments for each referral that contracts a booth with the Store. This one-time credit will only be issued after the referral has signed a contract with the store and has fully paid the first three months rent. To be eligible for this credit, you must notify Northwest Consignments in writing, the full name of the person you referred PRIOR TO THEM CONTACTING US. If the prospective vendor contacts us before you tell us you referred them, no Referral Credit will be awarded to you. No Referral Credit can be given for a consignment referral, or for a potential Vendor added to the 'waiting list'.
RULES OF CONDUCT
Vendor agrees to abide by all laws as set forth by the local city, state, and Federal agencies, and to not participate in any unlawful activities that could defame NORTHWEST CONSIGNMENTS, it's owner, or any of the vendors associated with the Store. The Vendor shall not allow any unlawful activities to occur, by any person associated with the Vendor, when on the Store premises. Furthermore, the Vendor agrees to practice fair trade ethics, to conduct their business in a professional manner, and to never allow their actions to tarnish or damage the reputation of the Store.
The Store may, at it's discretion and expense, advertise in various media. The Vendor hereby permits Northwest Consignments, full and complete authorization and approval to use any and all images, videos, and descriptions of their merchandise for the purpose of this advertising, with no compensation of any kind being paid to the Vendor.
No modification of this Agreement shall be valid unless said modification is in writing and agreed upon by both Parties. For any modification to be valid, both parties, (Vendor and the Store), must sign the modification.
This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the laws of THE UNITED STATES OF AMERICA and subject to the exclusive jurisdiction of the federal and state courts located in the COUNTY OF VENANGO, being situated within the COMMONWEALTH OF PENNSYLVANIA.