The Consignment Form is a critical document used in Swiss commercial transactions where one party wishes to sell goods through another party while maintaining ownership until final sale. This arrangement is particularly common in retail, luxury goods, and art sectors, where sellers seek to expand their distribution without transferring ownership. The document must comply with Swiss law, particularly the Swiss Code of Obligations (OR), and typically includes detailed provisions on goods handling, commission structures, reporting requirements, and settlement procedures. It serves as both a legal safeguard and operational guide, ensuring clear understanding of responsibilities and rights between parties. The Consignment Form is especially valuable for businesses looking to test new markets or expand their distribution channels while maintaining control over their inventory and pricing.
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1. Parties: Identification and details of the Consignor (owner of goods) and Consignee (seller/agent)
2. Background: Brief context of the consignment arrangement and relationship between parties
3. Definitions: Key terms used throughout the agreement including 'Consigned Goods', 'Consignment Period', 'Commission Rate', etc.
4. Subject Matter: Description of the consignment arrangement and basic terms
5. Consignment Terms: Duration of consignment, pricing structure, and commission rates
6. Delivery and Receipt: Terms for delivery, acceptance, and documentation of consigned goods
7. Payment Terms: Schedule and method of payments, commission calculations, and settlement procedures
8. Title and Risk: Confirmation that title remains with consignor and allocation of risk
9. Care of Goods: Consignee's obligations regarding storage, maintenance, and handling of goods
10. Reporting Requirements: Inventory tracking, sales reporting, and accounting obligations
11. Return of Goods: Procedures for returning unsold goods
12. Termination: Conditions and procedures for ending the consignment arrangement
13. Governing Law: Specification of Swiss law as governing law and jurisdiction
1. Insurance: Requirements for insurance coverage of consigned goods, used when high-value items are involved
2. Marketing and Display: Guidelines for product presentation and marketing, relevant for retail consignments
3. Quality Control: Standards for maintaining product quality, important for perishable or sensitive goods
4. Exclusivity: Terms for exclusive selling rights, used when territorial or channel restrictions apply
5. International Shipping: Additional terms for cross-border consignments, including customs and documentation requirements
6. Intellectual Property: Protection of trademarks and brand usage, relevant for branded products
7. Data Protection: Terms regarding handling of customer data and compliance with Swiss data protection laws
8. Force Majeure: Provisions for unforeseen circumstances affecting the consignment arrangement
1. Schedule 1 - Inventory List: Detailed list of consigned goods including descriptions, quantities, and SKUs
2. Schedule 2 - Pricing Schedule: Detailed pricing information, minimum sale prices, and commission structure
3. Schedule 3 - Condition Report: Documentation of the condition of goods at time of consignment
4. Schedule 4 - Operating Procedures: Detailed procedures for handling, storing, and selling the consigned goods
5. Appendix A - Reporting Templates: Standard forms for inventory and sales reporting
6. Appendix B - Return Procedures: Detailed procedures for returning unsold merchandise
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