The Consignment Agreement is essential for businesses operating under Belgian law who wish to establish a commercial arrangement where goods are placed with a seller but ownership is retained until final sale. This document is particularly valuable when suppliers want to expand their market presence without selling directly to retailers, or when retailers wish to minimize inventory risk. The agreement, compliant with Belgian civil and commercial codes, details critical elements such as commission structures, sales territories, inventory management requirements, and payment terms. It's commonly used in retail, luxury goods, art, and various other sectors where consignment models are prevalent. The document provides necessary legal protection for both consignor and consignee while ensuring compliance with Belgian commercial regulations, VAT requirements, and accounting standards.
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1. Parties: Identification of the consignor and consignee with full legal names and addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement including 'Consigned Goods', 'Territory', 'Commission', etc.
4. Appointment and Scope: Terms of the consignment relationship and territorial limitations
5. Consignment of Goods: Process for delivery, acceptance, and storage of consigned goods
6. Title and Risk: Confirmation that title remains with consignor until sale and allocation of risk
7. Pricing and Commission: Pricing structure for goods and commission calculation method
8. Payment Terms: Timeline and method for payments, reporting of sales, and settlement procedures
9. Obligations of Consignor: Responsibilities including product quality, delivery, and support
10. Obligations of Consignee: Responsibilities including storage, marketing, sales efforts, and reporting
11. Record Keeping and Reporting: Requirements for inventory management, sales records, and periodic reporting
12. Term and Termination: Duration of agreement and circumstances for termination
13. Return of Goods: Procedures for returning unsold goods upon termination or request
14. Governing Law and Jurisdiction: Specification of Belgian law and competent courts
15. General Provisions: Standard clauses including notices, amendments, and severability
1. Insurance: Specific insurance requirements when high-value goods are involved
2. Marketing and Promotion: Detailed marketing obligations when consignee is responsible for promotion
3. Minimum Performance Requirements: Sales targets and consequences of not meeting them
4. Exclusivity: Terms of exclusive arrangements if applicable
5. Data Protection: GDPR compliance when personal data processing is involved
6. Intellectual Property: IP rights and usage when branded goods are involved
7. Bank Guarantee: Financial security requirements for high-value consignments
8. Force Majeure: Extended force majeure provisions for international consignments
9. Anti-Corruption: Compliance requirements for international business
10. Product Training: Training requirements for technical or specialized products
1. Schedule 1 - Consigned Goods: Detailed list of products with specifications and pricing
2. Schedule 2 - Commission Structure: Detailed commission calculations and variables
3. Schedule 3 - Territory: Detailed description of geographical coverage
4. Schedule 4 - Reporting Templates: Standard forms for inventory and sales reporting
5. Schedule 5 - Storage Requirements: Specific storage and handling requirements
6. Schedule 6 - Service Levels: Performance metrics and service standards
7. Appendix A - Returns Procedure: Detailed process for handling returns and damaged goods
8. Appendix B - Insurance Requirements: Specific insurance coverage requirements and limits
Relevant legal definitions
Agreement
Applicable Law
Business Day
Commission
Confidential Information
Consigned Goods
Consignment Period
Consignment Location
Consignment Stock
Delivery
Effective Date
Force Majeure Event
Initial Term
Intellectual Property Rights
Inventory Report
Invoice
Minimum Sales Target
Net Proceeds
Payment Period
Permitted Purpose
Purchase Order
Retail Price
Returns
Sales Report
Storage Requirements
Territory
Term
Third Party
Trade Marks
VAT
Working Hours
Applicable Law
Business Day
Commission
Confidential Information
Consigned Goods
Consignment Period
Consignment Location
Consignment Stock
Delivery
Effective Date
Force Majeure Event
Initial Term
Intellectual Property Rights
Inventory Report
Invoice
Minimum Sales Target
Net Proceeds
Payment Period
Permitted Purpose
Purchase Order
Retail Price
Returns
Sales Report
Storage Requirements
Territory
Term
Third Party
Trade Marks
VAT
Working Hours
Clauses
Appointment
Territory
Duration
Exclusivity
Title Retention
Risk Allocation
Delivery
Storage
Insurance
Commission
Payment Terms
Reporting
Stock Management
Sales Obligations
Marketing
Quality Control
Returns
Warranties
Confidentiality
Data Protection
Intellectual Property
Force Majeure
Termination
Post-Termination
Assignment
Notices
Amendments
Waiver
Severability
Entire Agreement
Third Party Rights
Dispute Resolution
Governing Law
Jurisdiction
Compliance
Anti-Corruption
Record Keeping
Audit Rights
Indemnification
Liability Limitation
Bank Guarantee
Territory
Duration
Exclusivity
Title Retention
Risk Allocation
Delivery
Storage
Insurance
Commission
Payment Terms
Reporting
Stock Management
Sales Obligations
Marketing
Quality Control
Returns
Warranties
Confidentiality
Data Protection
Intellectual Property
Force Majeure
Termination
Post-Termination
Assignment
Notices
Amendments
Waiver
Severability
Entire Agreement
Third Party Rights
Dispute Resolution
Governing Law
Jurisdiction
Compliance
Anti-Corruption
Record Keeping
Audit Rights
Indemnification
Liability Limitation
Bank Guarantee
Relevant Industries
Retail
Fashion and Luxury Goods
Art and Antiques
Automotive
Electronics
Furniture
Jewelry
Agricultural Products
Industrial Equipment
Consumer Goods
Books and Publishing
Sporting Goods
Home Decor
Pharmaceuticals
Fashion Accessories
Relevant Teams
Legal
Finance
Commercial
Sales
Operations
Supply Chain
Procurement
Retail Operations
Business Development
Compliance
Risk Management
Accounts Receivable
Relevant Roles
Commercial Director
Sales Manager
Retail Operations Manager
Legal Counsel
Business Development Manager
Finance Manager
Supply Chain Manager
Inventory Manager
Procurement Manager
Retail Store Manager
Chief Financial Officer
Commercial Contracts Manager
Operations Director
Compliance Officer
Account Manager
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