Consignment Agreement Template

What is a Consignment Agreement?

A Consignment Agreement is a legal contract in which one party, referred to as a consignor, grants legal rights to another party, referred to as a consignee, to sell, resell, storage, or transfer goods on the consignor’s behalf.

A Consignment Agreement is a legal contract in which one party, referred to as a consignor, grants legal rights to another party, referred to as a consignee, to sell, resell, storage, or transfer goods on the consignor’s behalf.

This agreement also protects the unsold goods kept in the storage as they will be returned by the consignee to the consigner with no extra cost involved. A Consignment Agreement is also known as a consignment sales agreement or consignment inventory agreement.

Parties involved in a Consignment Agreement?

Consignment is a business arrangement or method in which the consignee agrees to store, sell, resell or transfer goods that are owned by the consignor, in exchange for a percentage of the sales, called commission. The consignor, in this case, has legal ownership of the goods, and the consignee is only acting within the authorized actions that are specified in the consignment agreement. Basically, there are two parties involved in a Consignment Agreement. i.e.; consignor and consignee. A consignor is a person or entity that owns the goods, and the sender or the shipper of the goods to the consignee, in order for the consignee to sell, store, resell or transfer the goods on behalf of the consignor. A consignee is a party who receives the goods from the consignor and is given the right to store the goods in a warehouse, sell or resell the goods on behalf of the consignor, in exchange for a percentage of the sales as agreed on between the parties. Consignees are usually referred to as receivers or dealers.

What are the components of a Consignment Agreement?

When preparing a Consignment Agreement, it is very crucial to specify the rate of commission, sales deadline, and the consequences in the event of no sale, as this information is the key element of the consignment agreement so it can be clear for both parties. Some of the main components of a Consignment Agreement are:

Introduction of parties: As with any other legal document, Identifying the parties and the date of the agreement is mandatory. the party that is providing the goods or merchandise should be referred to as the “Consignor.” The party that is selling the goods or merchandise should be referred to as “Consignee.”, as these names will be used throughout the agreement.

Payment and Commission: Since the consignment arrangement deals with selling goods through the consignee as a third party, the agreement should include a section or several clauses that indicate what percentage of the sale will be kept by the Consignee as a “fee” for its services. This should also mention details about who bears the cost of shipping.

Return of Products: During the consignment process, the consignor may request the consignee a return of its products by giving the consignee a notice. There might be some circumstances when a consignee has to return the products, usually, in such cases, a consignee can return the goods with no extra cost involved.

Risk of loss or damage of goods:

This section states the consignee’s responsibility in maintaining and protecting the products while they are in possession, which means that if any products are damaged during that time, the consignee must compensate the consignor for that loss.

Termination: This section of the consignment agreement explains how the parties to this agreement can end the agreement at any time for any reason. If the parties do decide to end the agreement, then this section should indicate when and how any unsold products should be returned, and the amount of time the consignee has to return the property after the agreement ends.

Other general provisions: the above are some of the main things that are crucial and has to be covered in a consignment agreement. However, there are numerous other provisions that need to be addressed as well. These have to be put under the general provisions. For example; the governing rule in effect in case of disputes or the process for the same will be mentioned here.

Governing law and equitable relief: This section deals with the procedures that will be taken by both parties when conflicts or disputes arise. It allows the parties to choose the state and county laws that will be used to interpret the agreement. This section also allows the parties to seek equitable relief. For instance, any court remedies requiring a party to perform or refrain from performing certain acts for any violation of the agreement.

How do Consignment Agreements work?

A Consignment Agreement permits a consignee to make a sale or sell off goods on a consignor’s behalf without purchasing them. The consignee gets a commission on the goods sold. It clearly states the obligations as well the responsibilities of both the consignor as well as the consignee involved in the process of selling the particular items.

This arrangement allows for stores and outlets to advertise and market the sale of products without the risk of investing or purchasing the goods. There are two types of consignment agreements, an exclusive and a nonexclusive agreements.

In the case of exclusive consignment agreements, the consignee is the only person with the right to sell the consignor’s goods. On the other hand, nonexclusive consignment agreements allow multiple consignees to try and sell the same good.

What is the difference between outward and inward Consignment?  

Outward Consignment: here, a consignor holds the right to be the owner of the property until the goods are sold. Additionally, the goods will be sent to another place for sale by a consignee.     Inward Consignment: Here, the consignee will try to sell the goods under the instructions of the consignor.

Difference between a consignment agreement and a sales agreement?

A Consignment Agreement is usually done by businesses who want to test the demands of the market by storing their merchandise in the consignee’s warehouse. As the consignee sells the merchandise to customers and transfers the payment to the consignor after deducting the commission fees that are specified in the agreement.

How to decide between a sales agreement or a consignment agreement?  

The two agreements have a very different use, purpose, and outcome. Choosing one that is best suited for your needs will largely depend on what you are looking forward to from your business. For those, who want to expand into new markets and get into large-scale production and distribution, a consignment could be more suitable and better for the purpose of your business. On the other hand, if you are looking to increase your profit margins only, you could go for a sales agreement to avoid paying the extra remuneration fees to the consignee.

What benefits of having a consignment agreement?

Consignment in general, allows businesses to run in a more cost-effective manner. It allows for the focus to be on manufacturing and producing the goods rather than storage if it. It is a great way to scale up the business. It also allows for wide geographical expansion by allowing local market experts to operate in a market they are familiar with. However, every local jurisdiction will have its own rules and system in place and so a consignment agreement helps ensure that both parties have a good base on all such legal grounds.

Consignment agreements also allow consignee to improve their gains through sales and commissions. It is also just as beneficial for consigners as well. They can sell items and make revenue without having to pay an upfront fee. For consigners, another added benefit is being able to restock goods as it flows without having to purchase more new ones. 

You Might Also Like

Along with this document, make sure you see these other templates in our library:

• SaaS Agreement
• Freelance Agreement
• Software Development Agreement
• Fast Agreement
• Share Option Plan

The Zegal Template Library

Zegal's template library is a list of essential and premium business templates for your everyday legal needs.

Save money and time without sacrificing quality or missing vital legal requirements. Whether you're a startup or a larger enterprise, Zegal lets anyone create a legal agreement.

Let us take care of the legals so you can focus on running your business.

If you need more help, our "Talk to a Lawyer" feature gives you access to a qualified lawyer to get all the expert advice you need.

Try it for free today!