VEHICLE CONSIGNMENT AND SALES AGREEMENT
Exclusive listing with the exclusive right to sell

I or We, the undersigned, hereinafter called the Consignor and Hamilton Speed Shop llc, hereinafter called the Consignee agree as follows:
1.
The Consignor consigns and delivers possession of the following vehicle to Consignee:
2.
The delivery of this vehicle is on consignment and is not a sale of the vehicle to the consignee.
Consignor is responsible to transport this vehicle to Hamilton Speed Shop unless other arrangements are made.
3.
Consignee accepts possession of consignor’s vehicle on consignment and will attempt to sell the vehicle at a price of no less than THE AGREED UPON PRICE OR PRICE LISTED BELOW. Consignor shall have the final approval of any proposed sale of the vehicle of a lesser amount. This agreement is effective and valid for 180 days from the date of this agreement. The terms of this agreement are that the dealer shall return the vehicle to the consignor, or, enter into a new agreement at the termination of this consignment agreement.
4.
Consignor must have good title to the vehicle and provide proof of it. Consignee must be able to show that the title is free and clear from all claims and liens or that the lien holder will cooperate with any sale made.
Please state any liens or loans against this car below.
5.
Consignor warrants that the vehicle is free of any physical or mechanical defects
except as described below:
6.
All money received by Consignee shall be the property of the Consignor. Consignee shall be able to collect deposits from buyers toward the purchase of the vehicle. Consignee agrees to pay to the Consignor all proceeds received within 20 days after the date of sale. Consignor agrees that the Consignee may deduct a commission in the amount of  TEN % (percent) of the purchase price or $500 (whichever is greater) immediately upon sale of the vehicle.

In this agreement, a “sale” occurs when the consignee: (A) receives the purchase price or its equivalent or executes a conditional sales contract for the vehicle, or (B) when the purchaser takes delivery of the vehicle, whichever comes first. Within 20 days after the sale, the consignee shall make an accounting to the consignor of all of the following: date of sale, repairs authorized by the consignor (supported by work records), an exact amount of any
liens payable to lien holders, evidence of payment of any liens, and the total sales price. Upon payment of the monies due the consignor, the consignor agrees to furnish the dealer those documents necessary to transfer the ownership of the vehicle to the purchaser.
If the Consignee finds a buyer for the subject vehicle and the Consignor circumvents or goes around the Consignee in an attempt to avoid payment of the commission to the Consignee, by selling to the customer developed by the Consignee, this will be treated as a sale and the above commission will be due and payable to the Consignee. A sale by the Consignor or any person or firm other than the Consignee, during the duration of this contract with or without assistance of the Consignee will also be treated as a sale and the above commission will be due and payable.
7.
Consignee assumes all advertising cost for the initial 30 days. at the agreed upon listing and/or selling price with consignor. Consignee will contact consignor at or after 30 days of the original ad listing date  to reduce listing and/or selling price or to make additional  strategic changes  in an effort to successfully sell the vehicle; if consignor does not agree to make said strategic changes or price correction consignor will assume any and all advertising cost there forward and will be deducted from sale price of the vehicle in addition to consignees commission and repairs at the time of the sale.
If the vehicle remains unsold or if the vehicle has been sold but not removed from Consignee’s premises or if the Consignor or buyer is delinquent in paying storage fees, Consignee may have the vehicle towed and stored elsewhere at Consignor or buyer’s expense without prior notice to the Consignor or buyer. Additionally,
Consignee may, at any time, demand that the vehicle be removed from Consignee’s premises upon 48 hour notice to Consignor.

Hamilton Speed Shop
3601 Lincoln Rd. M40
Hamilton, Michigan 49419
269-751-6666
8.
Consignee does maintain fire and theft insurance in a limited amount on consigned vehicles. Consignor is advised to maintain comprehensive and liability insurance in addition or in lieu thereof while the vehicle is in
Consignee’s possession at the expense of the Consignor.
9.
Consignor is solely responsible for compliance with all State Emission Control Laws.
10.
Should Consignor wish to remove the vehicle from Consignee’s premises, we require at least 5 days notice. The vehicle can then be removed between 9 a.m. and 4 p.m. on weekdays or subject to appointment. Consignor will be charged upon the return of said vehicle
$240 for cleaning and ad listing fees.
11.
On delivery of the vehicle to Consignee, Consignor shall produce evidence of ownership of the vehicle which may be held by Consignee while the vehicle is in Consignee’s possession. Consignor shall provide adequate documentation and proof of ownership so that the Consignee may complete a sale to the buyer. The consigned vehicle is delivered to the dealer in trust for the exact terms set forth in this agreement. The consignee agrees to receive this vehicle in trust and not to permit its use for any other purpose than what is contained in this agreement without the express written consent of the consignor.
12.
The maintenance and repair of the vehicle shall be at the sole expense of the Consignor. If mechanical or maintenance work becomes necessary while the vehicle is on the Consignee’s premises, Consignee will seek permission from Consignor
to complete the necessary repairs.
13.
Consignor hereby promises to defend, indemnify and hold harmless Consignee, its employees, agents and affiliates from any and all demands, judgments, claims, including reasonable legal and all other expenses, actually incurred and paid, incident to any claim whether baseless or well founded by any third party in connection with any automobile taken by Consignee on consignment, including without limitation any claim for taxes by any State of the United States, territory or political subdivision thereof. The indemnification language contained in
this agreement shall survive the termination of this agreement.
14.
In the event formal litigation is required, the prevailing party shall be entitled to recover reasonable attorney fees and costs incurred. Any claim made that cannot be resolved shall be adjudicated by the American Arbitration Association. The Consignor and Consignee hereby waive their right to a trial in the matter and instead agree to binding arbitration through the American Arbitration Association. Michigan law will apply and all claims will be venued and arbitrated in the State of Michigan.
15.
This agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes any prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendments of this agreement shall be binding unless it is executed in writing by each of the parties. No waiver of any of the provisions of this agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
CONTACT US
Consignment agreement:
HAMILTON SPEED SHOP

(269) 751-6666 - PHONE
(269) 751-6667 - FAX

FULL NAME
PHONE
Vehicle Details: VIN#, Year, make, model, miles, condition
EMAIL
ADDRESS:
3601 LINCOLN RD. M40
HAMILTON, MI. 49419

EMAIL:
DAVE@HAMILTONSPEEDSHOP.COM