Whereas the Consignor wishes to sell certain appliances on consignment and Consignee wishes to sell the appliances on behalf of the Consignor; Therefore in consideration of the premises, the covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties hereto agree as follows: 1. Sale by Consignment. The Consignee will provide their best effort to showcase and display those certain appliances on behalf of the Consignor. The Consignor may, at its sole discretion, accept such appliances on consignment to the Consignee, subject to and in accordance with the terms and conditions of this Agreement. The Consignee shall provide free delivery from the Consignors address to 4128 Forrest Ave (Rt 8), Dover, De 19904. The Consignee shall also provide it’s buyer a 30 day guarantee and will provide *free delivery. Nominal charge to New Castle and Sussex Counties or nearby Maryland. 2. Ownership of Appliances. Title to, and property and ownership in, all appliances shall remain with the Consignor until such time as their removal may be directed in writing by the Consignor or until such time as they may be disposed of by bona fide sale by or to the Consignee or as may otherwise be hereinafter provided. 3. Payment for Appliances. The Consignee shall pay the Consignor for all appliances delivered to the Consignee and by the Consignee pursuant to the terms of this Agreement within thirty (30) business days from the sale date. For the purposes of this Agreement, the Consignee shall be deemed to have sold an appliance if said appliance(s) is (i) sold by the Consignee, (ii), lost or stolen from the Consignee’s stock on hand, (iii) damaged or destroyed, or (iv) otherwise not physically present in the Consignee’s stock on hand. The Consignee shall not be obligated to pay the Consignor for any appliance that is returned to the Consignor undamaged. Payment to Consignor will be fifty percent (50%) of the net sale less any cleaning and/or repair costs or the minimum amount indicated above. Payments are subject to check clearing, store layaways and service call repairs if applicable. 4. Books and Records. The Consignee will at all times maintain accurate books and records relating to the possession and sale of the appliances and the proceeds thereof, and the Consignor may, upon request, examine the Consignee’s records for any purpose consistent with the terms of this Agreement. 5. Risk of Loss. All risk of loss in the appliance(s) shall pass to the Consignee upon delivery of the appliance(s) to the Consignee. The Consignee shall insure the appliances against all risks against which such goods are customarily insured and shall provide evidence of such insurance coverage to the Consignor upon request, from time to time. 6. Location of Appliances/Right to Inspect. Appliances will be kept at the address of the Consignee shown above, and the Consignee will not permit any appliances to become kept or stored at any other location without the prior written consent of the Consignor. The Consignee shall, during store hours, and from time to time, allow the Consignor and the Consignor’s agents to enter upon any premises upon which the Appliance(s) are located and examine or inspect the Appliances(s) wherever located. 7. Removal of Appliances. The Consignor may, at any time, and for any reason whatsoever, take possession of and remove all or part of the Appliances with or without notice to the Consignee. The Consignee hereby gives the Consignor the right to enter upon any premises at a mutually agreed time upon which the Appliances are located in order to enforce the Consignor’s rights under this paragraph. 8. Condition of Appliances. The Consignee will keep the Appliances free from any lien, security interest or encumbrance adverse to the ownership interest of the Consignor, and shall maintain the Appliances in good condition and will not waste or destroy any of the Appliances or use the same in violation of any statute or ordinance. Any outstanding recalls, if applicable, have been corrected by the Consignor. Consignor warrants that appliance is in good operation condition with the noted exception(s) herein: 9. Not Intended as Security. This Agreement and the sale of Appliances on consignment by the Consignor to the Consignee is not intended to be as security for any obligation of the Consignee to the Consignor. 10. Termination. This Agreement shall commence on the date upon which it is executed by both parties. Either party may terminate this Agreement at any time upon giving thirty (30) days prior written notice to the other; provided however, that such termination shall not affect any payment obligation owing by the Consignee to the Consignor. 11. Notices. Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery. 12. No Waiver. The waiver or failure of either party to exercise in any respect any right provided in this agreement shall not be deemed a waiver of any other right or remedy to which the party may be entitled. 13. Entirety of Agreement. The terms and conditions set forth herein constitute the entire agreement between the parties and supersede any communications or previous agreements with respect to the subject matter of this Agreement. There are no written or oral understandings directly or indirectly related to this Agreement that are not set forth herein. No change can be made to this Agreement other than in writing and signed by both parties. 14. Governing Law. This Agreement shall be construed and enforced according to the laws of the State of Delaware and any dispute under this Agreement must be brought in this venue and no other. 15. Headings in this Agreement. The headings in this Agreement are for convenience only, confirm no rights or obligations in either party, and do not alter any terms of this Agreement. 16. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. In Witness whereof, the parties have executed this Agreement as of the date first written above. By submitting below, you agree upon the terms and conditions herein. Your appliance(s) were thoroughly inspected, tested, cleaned, repaired (if applicable) and sanitized in preparation of our showroom floor. Your appliances are then situated in our showroom in an effort to attract buyers at the highest possible price. Once sold, the following will or may occur. After the sale, each appliance is shrink-wrapped, labeled and prepared for delivery. The free delivery date is decided and agreed upon, subject to weather conditions. The consignment reimbursement clock begins once the appliance is delivered. During our guarantee period, the customer has every opportunity to accept, install and operate the appliance subject to their satisfaction. In the event of any problems, we stand prepared to either refund, repair or replace the appliance. If everything is satisfactory, we remit consignment checks by mail; subject to the following: Method of Payment - If paid by check, we will wait for checks to clear. If paid by credit card, we deduct 50% of the credit card fee. Layaway - We offer a short, 15 day layaway with 50% down. When balance is paid in full, we schedule delivery. Repairs - If an on-site repair is required for whatever reason, we place a work order and our technician visits the site to conduct the repair. He then remits his invoice to us and the repair cost is deducted from your balance due from Appliances to Go. We will remit a net check to you less any repair costs. Replacement - If the appliances is found inoperable for what ever reason, we will deliver a comparable appliance (if in stock) and pick up your appliance. We will notify you about it’s disposition. Refunds - If the appliance cannot be repaired or replaced, we will issue a refund to the customer negating a consignment payment to you. Coupons - We occasionally offer and distribute coupons. All coupons are deducted equally from the gross sale. Cleaning - The majority of the appliances we receive require cleaning and sanitizing. A cleaning fee is deducted from your consignment amount. Parts & Minor Repairs - Frequently, appliances require minor parts and repairs such as hoses, knobs, plugs, wheels, levelers, shelving, crispers and so on. We order parts and make minor repairs as warranted. These costs are deducted from your consignment amount. No appliance is added to our showroom unless it is attractive, functional and priced accordingly in it’s price range. Multiple Appliances - We will remit one check for one or more appliances after they all sell. Alternately, you may visit our web site at www.appliances-to-go.com to learn if your appliance has been sold. Our web site showroom is maintained daily. If you need to contact us, we prefer email. sales@appliances-to-go.com. By clicking SUBMIT, you agree to the above terms and conditions. Please print this page before submitting.