The Basic Consignment Agreement is a fundamental commercial document used when a business wants to sell products through a third party without transferring ownership until the final sale. This arrangement is particularly common in retail, wholesale, and specialty markets where sellers want to minimize inventory risk while suppliers want to expand their distribution channels. The agreement, structured under Belgian law, typically includes detailed provisions for inventory management, commission structures, reporting requirements, and risk allocation. The Basic Consignment Agreement is essential for businesses operating in Belgium, as it must comply with specific Belgian commercial law requirements, VAT regulations, and commercial agency provisions. This document serves as a comprehensive framework for establishing and managing consignment relationships while protecting both parties' interests under Belgian jurisdiction.
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1. Parties: Identification of the consignor and consignee with full legal details
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Establishment of the consignment relationship and scope of goods covered
5. Delivery and Storage of Consigned Goods: Terms for delivery, storage requirements, and handling of consigned goods
6. Title and Risk: Clarification that title remains with consignor until sale, and allocation of risk
7. Pricing and Commission: Pricing structure for goods and commission rates for the consignee
8. Payment Terms: Terms for payment, including timing and method of payment
9. Reporting and Accounting: Requirements for inventory reporting and accounting of sales
10. Duration and Termination: Term of the agreement and conditions for termination
11. Return of Unsold Goods: Process and conditions for returning unsold consigned goods
12. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
1. Insurance: Requirements for insurance coverage of consigned goods, recommended when high-value goods are involved
2. Marketing and Display: Requirements for product display and marketing, relevant for retail consignment
3. Minimum Performance Requirements: Sales targets or minimum performance criteria, useful for larger commercial relationships
4. Intellectual Property: Protection of trademarks and other IP rights, important when branded goods are involved
5. Data Protection: GDPR compliance and data handling requirements, necessary when personal data is processed
6. Non-Competition: Restrictions on selling competing products, relevant in exclusive arrangements
7. Force Majeure: Provisions for unforeseen circumstances preventing performance
1. Schedule 1 - List of Consigned Goods: Detailed inventory of goods covered by the agreement, including descriptions and SKUs
2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates and any variable elements
3. Schedule 3 - Operating Procedures: Detailed procedures for handling, storing, and selling consigned goods
4. Schedule 4 - Reporting Templates: Standard forms for inventory and sales reporting
5. Appendix A - Storage Requirements: Specific requirements for storage and handling of goods
6. Appendix B - Quality Standards: Quality control standards and inspection procedures
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