The Consignment Agreement For (Retail) is a specialized commercial contract used in the Irish retail sector when a supplier wishes to place their products with a retailer while retaining ownership until final sale. This arrangement is particularly common in sectors with high-value items, seasonal products, or where suppliers want to maintain control over pricing and presentation. The document addresses key aspects required under Irish law, including consumer protection requirements, VAT considerations, and retail regulations. It sets out detailed terms for inventory management, commission structures, risk allocation, and payment processes, while ensuring compliance with the Sale of Goods and Supply of Services Act 1980 and other relevant Irish legislation. This type of agreement is especially valuable for new product launches, market testing, or when retailers want to minimize inventory investment risk.
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1. Parties: Identifies and defines the consignor and consignee with full legal names and addresses
2. Background: Sets out the context of the agreement, including the nature of the businesses and the purpose of the consignment arrangement
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope: Establishes the consignment relationship and its scope, including territory and exclusivity if applicable
5. Delivery and Storage of Goods: Details the process for delivery, acceptance, and storage of consignment goods
6. Title and Risk: Clarifies that title remains with consignor until sale, and allocates risk of loss or damage
7. Pricing and Commission: Sets out the pricing structure, commission rates, and payment terms
8. Duties of Consignee: Outlines the consignee's obligations regarding storage, display, sales, and reporting
9. Duties of Consignor: Specifies the consignor's obligations regarding product supply, quality, and support
10. Accounting and Payment: Details the accounting procedures, payment timing, and reporting requirements
11. Returns and Unsold Goods: Procedures for handling returns and disposition of unsold merchandise
12. Term and Termination: Specifies the duration of the agreement and termination provisions
13. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Insurance: Detailed insurance requirements when higher value goods are involved or specific insurance needs exist
2. Intellectual Property: When branded goods or trademarked items are involved, specifying usage rights and restrictions
3. Marketing and Display: Specific requirements for product marketing and display, useful for luxury or specialized goods
4. Data Protection: When customer data collection and processing is part of the arrangement
5. Non-Competition: Restrictions on selling competing products, used when exclusivity is important
6. Staff Training: Requirements for staff training on product knowledge, used for technical or specialized products
7. Minimum Performance Requirements: Sales targets or minimum performance standards, used in larger commercial arrangements
8. Security Interest: Additional security provisions for high-value consignment goods
1. Schedule 1 - Product List: Detailed list of consignment products including descriptions, SKUs, and wholesale/retail prices
2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, including any volume-based incentives or special promotions
3. Schedule 3 - Operating Procedures: Detailed procedures for inventory management, sales reporting, and reconciliation
4. Schedule 4 - Quality Standards: Product quality standards and handling requirements
5. Schedule 5 - Reporting Templates: Standard forms for inventory reports, sales reports, and reconciliation statements
6. Appendix A - Store Locations: List of authorized retail locations where consignment goods may be sold
7. Appendix B - Return Procedures: Detailed procedures for processing customer returns and handling damaged goods
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