Terms & Conditions

Definitions and Interpretation

In this agreement:

• "Agreement" means this Consignment Agreement.
• "Business Day" means a day which is not a Saturday, Sunday or bank or public holiday in New South Wales.
• "Item/Items" means the stock supplied by the Consignor as described in Annexure A to the Consignee on consignment in accordance with the terms and conditions of this agreement.
• "Consignor" means a party who is providing the Item/Items for sale.
• "Consignee" means the agent responsible for the sale. In this case - Fretboard Jungle.

Terms and Conditions: 

• The purpose of this Agreement is to clarify the roles, expectations and mutual obligations of the consignment relationship. 

• The Consignor wishes to sell an Item/Items (“Item”) listed in the schedule. 

• The Consignee agrees to sell the Item/Items on behalf of the Consignor, including delivery, shipping and making property payment for the Item/Items to the Consignor once sale process is complete. 

• You are deemed to have read and accepted the Terms and Conditions contained in this Agreement when you deliver your item to Fretboard Jungle for sale by consignment under this Agreement.

• When consigning with Fretboard Jungle, you agree to a minimum six months exclusive sales arrangement with Fretboard Jungle. You are encouraged to advertise the Item/Items using our links and photographs, however the sale is exclusively handled by Fretboard Jungle.

• Fretboard Jungle reserves the right to return the Item/Items to the owner if it remains unsold for a period of six months after the date of the supplied consignment form. 

• It is hereby stipulated and agreed upon that Fretboard Jungle shall undertake the consignment of the Item/Items herein referenced for a duration not less than six months at a commission of 18% of the total sale cost of the Item/Items. 

• Negotiations in price can be made at any time with a written agreement between seller and Fretboard Jungle. Reduction in price without notification to consigner can only be done by reducing commission paid to Fretboard Jungle. 

• The consignor acknowledges that items can be returned within 7 days of the item/items being received by new owner. Payment will be made to the consignor within 7 days following this 7 day cooling off period.

• The seller agrees to be honest and accurate with the details of their Item/Items. Fretboard Jungle reserves the right to report false or misleading information.

• The seller remains the owner of the Item/Items until it is sold. 

• The seller is advised to list their Item/Items on the Australian Personal Property Securities Register to ensure its title remains secure. 

• The seller agrees to pay for any service costs that are recommended to assist in the sale of an item. This may include new strings, setup, structural or electrical work. We advise sellers to have their items in good working order before delivery to Fretboard Jungle.

• Fretboard Jungle reserves the right to decline any consignments without explanation.

• Fretboard Jungle reserves the right to release the above information to the NSW Police if required.

BACKGROUND

The Consignor wishes to sell an item or items (“item”) listed in the schedule. 

The Consignee wishes to sell the item or items on behalf of the Consignor, including accepting delivery of the item, shipping of the item and making property payment to the Consignor once the sale of the item is complete. 

The purpose of this Agreement is to clarify the roles, expectations and mutual obligations of the consignment relationship. 

1) Interpretation

In this Agreement, unless expressed to the contrary:

a) words in the singular include the plural and vice versa; 

b) headings are for convenience and do not affect the

 interpretation of this Agreement; 

c) any gender includes the other gender; 

d) a reference to a clause, paragraph, schedule or annexure is a reference to a clause, paragraph, schedule or annexure, as the case may be, of this Agreement; 

e) if any act which must be done under this Agreement is to be done on a day that is not a Business Day then the act must be done on or by the next Business Day; 

f) a reference to any legislation includes subordinate legislation and all amendments, consolidations or replacements from time to time; 

g) if a word or phrase is defined in this Agreement then any other grammatical form of the word or phrase shall have a corresponding meaning; 

h) a reference to a natural person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity; 

i) “includes” and similar words mean includes without limitation; 

j) no clause of this Agreement shall be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it; 

k) a reference to a Party includes the Party's legal personal representatives, successors, assigns and persons substituted by novation;

l) a reference to this or any other agreement includes the agreement, all schedules and annexures as novated, amended or replaced and despite any change in the identity of the parties;

m) a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally;

n) a reference to time is to local time in New South Wales; and

 o) a reference to "$" or "dollars" refers to the currency of Australia from time to time.

2) Term

2.1 This Agreement shall be valid for the Term unless terminated earlier in accordance with this Agreement.

3) Delivery and return of Item/Items

3.1 The Consignor will arrange delivery of the Item/Items to the Consignee's Delivery Address at the Consignor's expense.

3.2 The Consignee may return the Item/Items to the Consignor if the Item/Items remain unsold for a period of six months after the date of this agreement.

3.3 The Consignee may, on giving not less than 30 days written notice to the Consignor, return any Item/Items to the Consignor.

3.4 The Consignor may, at their own expense, at any time request the return of any Item/Items.

4) Risk and Indemnity

4.1 Risk does not pass upon delivery of the Item/Items to the Consignee.

4.2 The Consignee will immediately inform the Consignor of, and indemnify the Consignor from and against, any loss of and/or damage caused to the Item/Items during the period:

a) commencing when the Item/Items is delivered to the Consignee; and

b) ending on the earliest to occur of the date of the sale of each unit of the Item/Items or the date on which all the Item/Items is returned to the Consignor.

4.3 The Consignee is not liable for and does not indemnify or agree  to indemnify, hold harmless, release and discharge the Consignor in respect of any claim, action, damage, loss, cost, charge, expense, penalty, fine or payment which the Consignor suffers, incurs or is liable for as a result of any breach by the Consignee (or its employees, agents or subcontractors) of the Agreement or its obligations or warranties under this Agreement. 

4.4 The Consignee recommends the Consignor has their own insurance policies on individual Item/Items for extra protection against loss, damage, or theft of Item/Items while under consignment.

4.5 The Consignee recommends Item/Items be registered on the Personal Property Securities Register for proof of ownership and added protection against Consignee insolvency.

4.6 The obligations under this clause will survive termination of this Agreement. 

5) Payment

5.1 The Consignee will pay the Consignor the amount of each invoice within the Invoice Terms and using the agreed Payment Method/s.

6) Consignee's Obligations and Warranties

6.1 The Consignee acknowledges and agrees that:

a) it has legal capacity, power and authority to enter into this Agreement;

b) it will comply with any reasonable directions given to it by the Consignor from time to time;

c) it will act lawfully and will comply with any applicable licenses, laws, regulations, industry codes of conduct, health and safety requirements and Australian standards in relation to the use of the Item/Items;

d) it will follow the Consignor’s directions regarding the Item/Items. 

7) Consignor's Obligations and Warranties

7.1 The Consignor warrants and represents to the Consignee that throughout the Term:

a) it has legal capacity, power and authority to enter into this Agreement;

b) it has all rights in relation to the Item/Items and to perform its obligations as set out in this Agreement;

c) it will maintain its on insurance for loss, theft or damage on the Item/Items until the time at which the item is sold.

8) Termination

8.1 Either party may terminate this Agreement by giving notice in writing in accordance with the Notice Period.

8.2 Obligations on termination:

Upon termination of this Agreement, the Consignee will:

a) at the expense of the Consignor, return the Item/Items to the Consignor or other place nominated by the Consignor in writing; and

b) immediately return to the Consignor all Consignor Property.

8.3 The accrued rights, obligations and remedies of the Parties are not affected by the termination of this Agreement.

Costs and Expenses

9.1 Each Party must pay its own costs and expenses (including legal costs and expenses) in relation to the negotiation, preparation and execution of this Agreement and any variation or replacement of this Agreement.

10) Amendment

10.1 This Agreement may only be amended by written agreement executed by all of the Parties.

10.2 Renegotiations in price can be made at any time with a written agreement between the Consignor and the Consignee. Reduction in price without notification to the Consignor can only be done by reduction commission paid to the consignee.

11) Other

11.1 The Consignor acknowledges that the Item/Items can be returned within 7 days of the item being received by the new owner.

11.2 The Consignor agrees to be honest and accurate with the details of their Item/Items. The Consignee reserves the right to report false or misleading information to the NSW Police.

11.3 The Consignor remains the owner of the Item/Items until the Item/Items are sold.

11.4 The Consignor is advised to list their Item/Items on the Australian Personal Property Securities Register to ensure title/s remain secure.

11.5 The Consignor agrees to pay for any service costs that are required to assist in the sale of the Item/Items. This may include new strings, setup, structural or electrical work. Consignors are advised to have their Item/Items in good working order before delivery to the Consignee.

11.6 Fretboard Jungle reserves the right to release the Consignors personal information to the NSW Police if required.

12) Notices

12.1 Form of notice

A notice or other communication must be in writing in English and may be:

a) delivered personally;

b) given by an agent of the sender;

c) sent by email to a Party's current email address for notices as set out in this Agreement.

12.2 Receipt of notice

A notice of communication is taken as having been given:

a) when received personally; or

b) when left at a Party's current delivery address for notices; or

c) if sent by email, when the sender receives an email read receipt regarding the recipient's email address.

12.3 A Party may change its address for service of notices by written notice to the other Party.