Consignment Agreement – Small Item

This agreement dated below is between Consignor (as listed below), and Brassy BitTack, LLC (“Consignee”).

1. Consignor:
   1. Warrants that Consignor has unencumbered, good title to the goodsdescribed in “Exhibit(s)” (“consigned goods”);
   2. Warrants that the description of the consigned goods is true and accurate;
   3. Agrees to deliver to Consignee, on consignment, the consigned goodsaccording to the terms set out in this Agreement;
   4. Grants Consignee an exclusive right to sell the consigned goods for theterm of this Agreement for the minimum of the amounts listed in Exhibitsfor each consigned good; and
   5. Agrees pay Consignee a commission for selling the consigned goods inthe sum of ______30____________% of the gross sale, excluding anyshipping charges and sales tax. Consignee is authorized to and shalldeduct from the proceeds of sales any shipping charges, sales taxes andits commission under this paragraph.
2. Consignee:
   Agrees to receive and accept possession of the consigned goodsdelivered by Consignor;
   1. Promises to use best efforts to sell the consigned goods promptly duringthe term of this Agreement at or above the price provided described inparagraph 1(D) and listed on Exhibits for each consigned good;
   2. Promises to be responsible for the safekeeping of the consigned goodswhile they are in its custody and during the term of thisAgreement. Consignee shall not, however, be liable for any losses tothe consigned goods resulting from flaws inherent in the consignedgoods or from flaws in the consigned goods that were not disclosedby Consignor. Moreover, Consignee shall not be liable for anylosses to consigned goods after the termination of this Agreement,as provided for in paragraph 4. Consignee shall be liable for all otherloss or damage to the consigned goods while in the position of Consigneeand during the term of this Agreement. Consignee’s liability is limitedto the full amount Consignor would have received from Consignee ifthe consigned goods had been sold at the minimum priceestablished by this agreement. Consignee shall not be liable for anyother consequential or incidental losses or any other amounts;
   3. Promises to pay to Consignor the net proceeds of the sale of theconsigned goods as received by Consignee, the net proceeds being thegross amount of the sales less any reasonable shipping charges andsales taxes as well as the commission listed in paragraph 1(E). Thispayment shall be made by the Consignee to the Consignor within fifteen(15) days of the sale of consigned goods or within fifteen (15) days of anyloss or destruction to the goods under paragraph 2(C); and
   4. Agrees to permit Consignor to inspect the consigned goods byappointment, within a reasonable time after the request for such anappointment is made, not to exceed five (5) business days.
3. During the term of this Agreement and until sold, title to the consigned goodsshall remain vested in Consignor.
4. This Agreement shall automatically terminate after 365 days or the afterconsigned goods are sold (or damaged) and payment under paragraph 2(D) hasbeen made, whichever occurs first.
5. If the Agreement terminates and the consigned goods have not been sold (ordamaged), Consignor promises to retake possession of the consigned goodsimmediately.
6. In the event of any dispute arising out of or related to this Agreement, uponformal written notice, the parties will attempt to resolve their differences by goodfaith negotiation. After 30 days of good faith negotiation, either party may, bywritten notice, declare the negotiations failed. Should the negotiations fail, eitherparty may initiate legal proceedings only in the Clay County Small Claims Courtof Minnesota.
7. This Agreement, including Exhibits, constitutes the final, complete and exclusiveagreement of the parties with respect to the subject matter of this Agreement.This Agreement supersedes any prior written or oral agreements,understandings, promises or representations made by either party with respect tothe subject matter of this Agreement.
8. This Agreement may only be amended by the parties in a writing signed by bothof them.
9. If any provision or part of the Agreement shall be held invalid or unenforceablefor any reason, the remaining provisions shall continue to be valid andenforceable.
10. This agreement shall be governed by the laws of Minnesota.
11. The parties agree that they have read and understood this Agreement. Althoughprepared by Brassy Bit Tack, LLC, Consignor expressly represents thatConsignor has had a full opportunity to review this Agreement and believes it toconstitute a fair, balanced contract covering the consigned goods.

Signed By Consignor:

Signed By Consignee:

Brassy Bit Tack, LLC
17203 43rd Avenue N
Glyndon, MN 56547

Phone: 701-793-0090
Email: brassybit@gmail.com
Website: www.brassybit.com