The merchandise described on the reverse of this form is received from the consignor by Alabama Furniture and Accessories for resale under the following terms and conditions. No other terms or conditions apply to this agreement.
1. The consignor warrants that all items listed on the reverse of this form are his/her property.
2. This agreement is for 90 days from the date signed below. If any merchandise is not sold at the expiration of 90 days from the date hereon, the consignor agrees to remove said merchandise. In the event the consignor fails to remove the merchandise within 7 days from the date of expiration, Alabama Furniture and Accessories is hereby authorized to return the merchandise to the consignor at the expense of the consignor, store the merchandise at the expense of the consignor, or otherwise dispose of the merchandise, as Alabama Furniture and Accessories shall deem appropriate. Alabama Furniture is hereby relieved of giving notice of any of the aforementioned alternatives. All merchandise as stated hereon the reverse of this form not sold and subsequently not removed from the premises of Alabama Furniture and Accessories within 97 days of the date of this agreement will be considered abandoned and thereby becomes the property of Alabama Furniture and Accessories without any further obligations to the consignor.
3. Alabama Furniture will have the exclusive right to price and sell the property listed on the front of this form.
4. Any property accepted by Alabama Furniture from the consignee must be in a saleable condition. Any and all costs for cleaning, assembly, repair, parts and/or labor required to make the property saleable will be agreed upon at time of consignment and then deducted from the consignee's portion of the receipts upon sale of said property.
5. The consignor and/or the consignee may terminate this agreement at any time by giving the other party 7 days written notice. Any applicable fees and/or charges due to Alabama Furniture and Accessories arising from the terms and conditions of this agreement are unconditionally due at the time of cancellation.
6. Upon sale of any property, the consignor shall receive 50% of the selling price of the merchandise less any applicable fees and/or charges as stated in these Terms and Conditions.
7. Discounts given as a result of advertised specials or discount coupons shall be shared equally between the consignor and Alabama Furniture and Accessories.
8. Alabama Furniture and Accessories shall have the right to sell any item upon a time or deposit basis (lay-away). The consignor shall receive his/her share of the sale only after the purchaser has paid the full price to Alabama Furniture and Accessories. Items put into layaway by clients of Alabama Furniture are NOT considered sold until the final payment is received from the client. Any sums of money on deposit forfeited shall become the sole property of Alabama Furniture and Accessories.
9. The consignor agrees that Alabama Furniture and Accessories has the right to hold the consignor’s portion of the sale until the 15th day of the month following the month in which the purchaser has paid in full for the merchandise to Alabama Furniture and Accessories. Checks to the consignor must be picked up in person at 2200 Yale by the consignor. Written authorization from the consignor must be received by Alabama Furniture and Accessories before Alabama Furniture and Accessories will release a check to a representative of the consignor. Any consignor needing their check mailed must provide self-addressed stamped envelopes to Alabama Furniture and Accessories.
10. The consignor specifically agrees to indemnify and save Alabama Furniture and Accessories harmless from any and all liability, claims, demands, damages, and costs arising by virtue of Alabama Furniture and Accessories merchandising, selling or delivering the aforementioned merchandise, including but not limited to liability, claims, demands, damages or costs caused by breech of actual or implied warranties, negligence, or unintentional or negligent misrepresentation, by the consignor, or by Alabama Furniture and Accessories, its agents or employees.
11. Alabama Furniture is not responsible for any damage or theft to the property while left on consignment. Alabama Furniture and Accessories, its agents or employees is not responsible for any loss or damage to merchandise caused by handling. It is further understood and agreed as one of the considerations upon which Alabama Furniture and Accessories accepts the merchandise and in the absence of which Alabama Furniture and Accessories would not enter into this agreement, that Alabama Furniture and Accessories assumes no responsibility and is hereby relieved from any and all liability, claims or charges in the event of loss of merchandise by reason of fire, theft, burglary or for any other cause and if any or all of merchandise is lost as a result of shoplifting or otherwise, the consignor agrees to accept Alabama Furniture and Accessories’ statement of fact as to such loss and consignor does hereby expressly waive any claims for loss of merchandise from any cause whatsoever. Alabama Furniture and Accessories does not provide insurance for consignment items. The consignor has the responsibility to carry his/her own insurance for merchandise.
Consignee has the responsibility of checking on his property. Alabama Furniture will not be responsible for notifying consignees if their property has sold.