Consignment Arrangements Clause Samples
A Consignment Arrangements clause defines the terms under which goods are delivered by one party (the consignor) to another (the consignee) for the purpose of sale, while ownership remains with the consignor until the goods are sold. Typically, this clause outlines responsibilities for storage, insurance, and reporting, and may specify how unsold goods are to be returned or handled. Its core function is to clarify the rights and obligations of both parties in a consignment relationship, reducing the risk of disputes over ownership and liability during the sales process.
Consignment Arrangements. To the extent a consignment arrangement is required for Vendor to provide a Product, the parties acknowledge and agree that they will enter into a separate consignment agreement.
Consignment Arrangements. Subject to the additional terms set forth in Exhibit D, ASD shall install Product in each Consenting Facility designated by Dyax that has an existing Cubixx® refrigerated cabinet. Furthermore, upon payment by Dyax of the applicable fee specified in Exhibit D, ASD shall install in each Consenting Facility designated by Dyax a Cubixx refrigerated cabinet (a “Dyax Consignment Unit”). As between Dyax and ASD, ASD shall be solely responsible for the maintenance of all Cubixx refrigerated cabinets and Dyax Consignment Units. ASD shall use commercially reasonable efforts to ensure that no product other than Product is kept or stored in any Dyax Consignment Unit. Furthermore, ASD shall use commercially reasonable efforts to ensure that each Consignment Unit and Cubixx refrigerated cabinet is stocked at all times with reasonably sufficient amounts of Product to satisfy demand for product in the applicable Consenting Facility. ASD shall reasonably assist Dyax to obtain the consent of each health care facility designated by Dyax to the installation of a Dyax Consignment Unit or Cubixx refrigerated cabinet.
Consignment Arrangements. The Corporation is not a party to any material conditional sales contract, hire-purchase agreement or other title retention agreement or any consignment agreement, agency agreement or other relationship whereby assets of the Corporation are in the possession of a third party.
Consignment Arrangements. 1. Consignor shall from time to time deliver to Consignee on consignment such amounts of Consigned Merchandise as may be mutually agreed upon, upon the terms and conditions set forth herein and, to the extent not inconsistent, in the Memo accompanying Consigned Merchandise. The delivery date shall be as reasonably specified by Consignee in its orders for Consigned Merchandise. Such Consigned Merchandise provided by Consignor shall bear the appropriate trademark designated by Consignor. Schedule A hereto, prepared by Consignor, lists all such trademarks. Consignor shall promptly update Schedule A to add new trademarks or delete trademarks, and provide such updated Schedule to Consignee.
2. The Consigned Merchandise shall be maintained at all times at Consignee's distribution center(s) or held for sale by Consignee to Consignee's customers in the stores Consignee operates, which distribution center(s) and stores are listed on Schedule B hereto. Schedule B shall include any trade names and the name and state of incorporation of any affiliated corporation operating the stores referred to therein. Consignee shall promptly update Schedule B to add new trade names and states of incorporation and new stores or distribution center(s) or delete trade names and states of incorporation and stores or distribution centers, and provide such updated Schedule to Consignor.
3. Title to the Consigned Merchandise delivered to Consignee shall at all times remain with Consignor until purchased by Consignee at the time of its sale to its customer. Consignee may only sell the Consigned Merchandise in the ordinary course of its business, and may not sell Consigned Merchandise in bulk. Nothing in this Agreement prohibits Consignee from selling merchandise other than Consigned Merchandise out of the ordinary course of its business or in bulk.
4. Consignor commits to maintain a minimum amount of $000,000 of Consigned Merchandise with Consignee (which minimum level of Consigned Merchandise hereinafter is referred to as the "Minimum Commitment") for a period of two years from the date of this Agreement; provided that such two-year period shall be automatically extended thereafter in one-year increments after the expiration of such initial two-year period unless Consignee or Consignor in their respective sole discretion provides written notice of termination on or before ninety (90) calendar days prior to the expiration of such two-year period or ninety (90) calendar days prior to the e...
Consignment Arrangements. All Lenders shall have received from the Borrowers true and correct copies of all agreements, instruments and other documents, including all amendments thereto, relating to any Permitted Precious Metal Consignments in effect on the Closing Date.
