The Retail Consignment Contract is essential for businesses operating in New Zealand's retail sector where product owners wish to maintain ownership of their goods while leveraging established retail channels for sales. This document is particularly relevant in situations where suppliers want to test market demand, expand their distribution without significant upfront costs, or maintain control over premium products. The agreement comprehensively addresses key aspects of the consignment relationship including delivery procedures, commission structures, risk allocation, and compliance with New Zealand's commercial laws. It's designed to protect both parties' interests while ensuring transparency in the consignment arrangement and maintaining compliance with local regulations including GST requirements and consumer protection laws.
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1. Parties: Identifies and provides full details of the consignor and consignee, including legal names, addresses, and company registration numbers if applicable
2. Background: Explains the context of the agreement, including the consignor's ownership of goods and consignee's retail business
3. Definitions: Defines key terms used throughout the agreement, including 'Consigned Goods', 'Commission', 'Net Sales Price', etc.
4. Appointment and Scope: Establishes the consignment relationship and defines the scope of the consignee's authority to sell the goods
5. Delivery and Acceptance of Goods: Details the process for delivery, inspection, and acceptance of consigned goods
6. Pricing and Commission: Specifies the pricing mechanism for goods and the commission structure for the consignee
7. Payment Terms: Outlines the payment process, timing, and method for remitting sales proceeds less commission
8. GST and Tax Obligations: Addresses GST requirements and clarifies tax responsibilities of both parties
9. Risk and Insurance: Allocates risk and specifies insurance requirements for the consigned goods
10. Title and Security Interest: Confirms retention of title by consignor and addresses PPSA requirements
11. Reporting and Records: Specifies reporting requirements and record-keeping obligations
12. Term and Termination: States the duration of the agreement and grounds for termination
13. Return of Goods: Procedures for returning unsold goods or handling goods upon termination
14. General Provisions: Standard boilerplate clauses including governing law, notices, and dispute resolution
1. Marketing and Display: Detailed requirements for how goods should be displayed and marketed - include when specific display requirements are crucial
2. Minimum Performance Requirements: Sales targets or minimum performance criteria - include when performance metrics are important
3. Exclusivity Provisions: Restrictions on selling competing products - include when exclusivity is part of the business arrangement
4. Staff Training: Requirements for staff training on products - include for complex or technical products
5. Online Sales: Provisions for online sales channels - include if e-commerce is part of the arrangement
6. Intellectual Property: Use of trademarks and branding - include when branded goods are involved
7. Territory Restrictions: Geographical limitations on sales - include when territorial rights are important
1. Schedule 1 - Consigned Goods: Detailed list of products covered by the agreement, including descriptions and SKUs
2. Schedule 2 - Commission Rates: Detailed breakdown of commission rates, including any variations by product category
3. Schedule 3 - Operating Procedures: Detailed procedures for handling, storing, and managing consigned goods
4. Schedule 4 - Reporting Templates: Templates for required sales reports and inventory tracking
5. Schedule 5 - Service Level Requirements: Specific performance metrics and service level requirements
6. Appendix A - Insurance Requirements: Detailed insurance requirements including types and levels of coverage
7. Appendix B - Return Procedures: Detailed procedures for returns and handling of damaged goods
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