BACKGROUND

1. Lolliposh Children's Boutique (Lolliposh) is conducting a consignment sale of children's merchandise (called the “Sale” in this agreement)
2. The Seller desires to sell certain items of children's merchandise at the Sale.
3. Lolliposh has agreed to accept certain items of children's merchandise from Seller , on a consignment basis, to be sold at the Sale.

AGREEMENT

In consideration of the forgoing background information. The terms and conditions of this agreement, and other good valuable consideration, the receipt of which is hereby acknowledge, Lolliposh and the Seller agree as follows:

* The Seller agrees to allow Lolliposh to sell any or all items checked into Lolliposh. The Seller is responsible for tagging each item and setting the selling price, unless otherwise agreed upon. Discount and Donate options are left up to the discretion of the Seller.

* There is a maximum of 300 items per consignor, per sale.

* All items presented for consignment will be in clean, working order with all parts present at time of consignment.

* All items requiring batteries to function must contain them upon drop off. If not item will either be turned away, or consignor will be charged $3 for each battery Lolliposh furnishes in order to sell the item

* Lolliposh reserves the right to refuse any item, and may pull an item from the sale floor at any time, for any reason.

* Lolliposh will charge $5 for each 20 pieces turned away upon drop off.

* Lolliposh agrees to pay Consignors 60% of their total sales, 30% if VIP Consignor. An additional 5%-10% if the Consignor Volunteers. Plus, an additional 5% will be paid to volunteer-consignors that distribute Lolliposh marketing material to 10 pre-determined places.

* Checks will be mailed within 10 days of the end of the sale.

* All Sellers checks must be cashed within 60 days of check date or check will be cancelled.

* The Seller agrees to waive any and all claims for personal injury resulting from participation in the sale from whatever cause against Lolliposh the lesser of the sale location, any volunteer or paid participants in the sale, or the insurer of Lolliposh.

* The Seller understands that all items that are not picked up by the end of the designated pick-up period become property of Lolliposh. We will either donate the items, or hold them for a future sale.

* The Seller understands that it is against the law to sell any item at the Sale that is listed as a recalled item on the Consumer Product Safety Commission's website at www.cpsc.gov . The Seller also understands that it is the Seller's responsibility to review this list of recalled items and assure that the Seller does not deliver any such recalled item to the Sale.

Furthermore, by signing this agreement, the Seller represents and warrants that no item being sold by the Seller at the Sale is listed on the CPSC website at www.cpsc.gov as a recalled item.

* THE SELLER AGREES TO HOLD HARMLESS AND MAKE NO CLAIMS AGAINST LOLLIPOSH, THE LESSER OF THE LOCATION, ANY VOLUNTEER OR PAID PARTICIPANT AT THE SALE OR THE INSURER OF LOLLIPOSH FOR ANY DAMAGE, THEFT OR LOSS OF THIS CONSIGNED.

* THE SELLER ASSUMES THE RISK BY PARTICIPATING IN OUR SALE.

In witness of the forgoing, the parties have caused this agreement to be signed on the indicated below.


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Seller Signature                                                          Date  
I CERTIFY THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO ABIDE BY ITS TERMS .

 

I CERTIFY THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO ABIDE BY ITS TERMS.

© 2008 Lolliposh Boutique Inc.