I, ______________________________________________________ herein referred to as the consignor agrees to; place the
(First, Middle, Last, Suffix)
Item(s) listed below on consignment with YardArms Gunsmithing, LLC (the consignee) to try to sell them on my behalf under the terms of this agreement. YardArms Gunsmithing, LLC agrees to accept the items listed for consignment for sale under the terms of this agreement. The words “we”, “us”, “our”, and “consignee” refer to YardArms Gunsmithing, LLC. The words “I”, “you”, “your”, “them”, and “consignor refer to the customer.
1. The Consignor represents that they are the rightful owner of the items listed, and that the items are free of any encumbrance.
2. While this agreement is in effect, Consignor agrees to grant the exclusive right to us to market, advertise and sell the item(s) listed below. We will inspect all of the items listed in this agreement, and will determine condition and functionality. We will then write up the description and specifications necessary in order to offer the items for sale. We will offer the items for sale in our Wisconsin location, at suitable trade shows, internet auctions, etc.
3. The consignment fee shall be 30% of the selling price of the item, with a minimum fee of $35 per item, and a maximum fee of $1000 per item. Fees for other services provided by us, (e.g. cleaning, repair, gauging, assessment) or for services provided by third‐party vendors (e.g. auction listing fees, credit card fees, shipping fees) are additional charges and are not included in the consignment fee.
The consignor requests the sale of their firearm to be priced on the schedule as stipulated below:
_______________ Fixed price of $ _________________ with no bartering, dickering or reductions.
_______________ Decreasing price structure over ________ at ________ % per month with a starting price of $_________________
Consignor Initial (months) (percent)
and minimum sales price of $________________.
4. When the items consigned are sold and final payment is made by the buyer, the Consignor will receive the net amount (minus any fees incurred) within 30 days via business check or cash, at our convenience.
5. The Consignor agrees that, as YardArms Gunsmithing, LLC is required to complete all inspections and specifications, prepare the items for sale, take photographs and advertise the items, that the items consigned will be left on consignment with us for a minimum of sixty (60) days. This agreement will continue indefinitely beyond the original 60 day period unless either party notifies the other of their intent to terminate it. 6. Because a sale may be pending, or an advertisement just placed; you agree to give thirty (30) days notice if you wish to have items covered by this agreement returned. If you decide to have the consigned items returned, Federal Law requires that you fill out all appropriate BATFE / WI forms and pass the Wisconsin/NICS background check as if you were purchasing the firearm(s) for the first time. 7. If you fail the NICS check, we are unable to return that firearm(s) to you! We have a few options when this occurs. We can surrender the firearm to a relative of yours (granted they pass a NICS check) as long as the relative signs a "notice to not convey" the firearm to you (the consignor). That relative is now the legal owner of that firearm. The relative will be responsible to us for cost of the NICS check, as well as any consignment fees prior to us releasing the firearm. If no relative exists that qualifies to possess the firearm, then you (the consignor) will forfeit ownership to us. We may add the firearm subject to this agreement to our A&D records, and offer the firearm(s) for sale to pay just debts due to us by you; pay you outright for 50% of the value of the firearm minus any fees due us or may destroy the firearms per ATF guidelines. The firearm and any of its parts or accessories will not be returned to you. 8. Failure to pay just debts pursuant to this paragraph, and paragraph (7) will result in the consigners forfeiture of items herein. All items forfeited by the owner subject to this paragraph shall become property of YardArms Gunsmithing, LLC and can be sold by us to cover charges and fees incurred by you. 9. If you agree to allow perspective buyers the opportunity to test fire the firearm(s) prior to purchase, we will accompany the firearm to and from the designated test fire location as well as supervise the test firing by the prospective buyer. In this instance the prospective buyer will be require to purchase the ammunition from us and only factory loaded ammunition will be used. Subsequent cleaning of your firearm will be conducted by us free of charge.
______________ Allow test fire by prospective buyers in accordance with item nine (9) above.
______________ Decline test firing by any prospective buyers.
Consignor Initial
10. No insurance is provided by us for your firearm(s), parts, or accessories while on our premises due to theft, flood, fire, other act of nature, war, or any other reason. Many insurance companies that insure firearms will cover the items while they are away at a gunsmith. The customer is responsible for insuring his or her firearm during the time it is in our possession.
Release from Liability
We (YardArms Gunsmithing, LLC) shall not be liable to you for any loss or damage suffered to your merchandise, including, but not limited to; loss or damage to such merchandise from fire, theft, or other casualty. You hereby fully release us under the law from any and all claims or any nature in connection with or arising from the placement of your merchandise with us. You further covenant that you shall make no claim against us, our insurance carrier or the property owner where the items are being stored, held, or offered for sale; for any damage to your merchandise.
Disclaimer
This agreement supersedes all other agreements either oral or written, between the Customer and us, with respect to the subject of this contract. This contract contains all of the covenants and agreements between the parties with respect to any gunsmithing work, advertising and sales; and each party to this contract acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party, except those covenants and agreements embodied in this contract. No agreement, statement or promise not contained in this contract shall be binding or valid. All terms of all agreements made between the Customer and us, are fully integrated herein. The validity of this agreement and any of its terms or provisions, as well as the rights and duties of the parties under this agreement, shall be construed pursuant to and in accordance with the laws of the State of Wisconsin. If any term of this agreement is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the contract terms shall remain in full force and effect and shall not be affected. If any legal action, including a legal action in contract law, tort law, or criminal law, including an action for declaratory relief is brought to enforce or interpret the provisions of this contract, or a suit of liability, then the prevailing party shall be entitled to recover reasonable attorney’s fees and court costs from the other party. These fees which may be set by the court in the same action or in a separate action, brought for that purpose, are in addition to any other relief to which the prevailing party may be entitled. If any term of this agreement is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the contract terms shall remain in full force and effect and shall not be affected.
Entire Agreement
The Agreement will constitute the entire agreement between YardArms Gunsmithing, LLC and you with respect to the subject matter hereof and all prior oral or written agreements, representations or statements with respect to such subject matter are superseded hereby.