WHEREFORE, Rent For Fun, LLC., Consignee of certain (property, equipment, items) more particularly described hereinafter and, , Consignor for and in exchange of good and sufficient consideration and the mutual promises and undertakings set forth in this Consignment Agreement (“Agreement”) do agree to the following:
1. Ownership. Consignor warrants, covenants and agrees that the (property, equipment, items) being sold (is,are) owned by Consignor and that there are no liens, judgments or other encumbrances against the ownership, including all rights of sale or transfer, of the consigned (property, equipment, items). The parties agree that title to the consignment shall remain in Consignor until such consignment is sold in severable parts or in whole by Consignee.
2. Terms. Consignor agrees that the following contract regarding the consigned (property, equipment, items) expires 6 months after date of agreement.
3. Description of Consignment. Consignor agrees to deliver and Consignee agrees to accept for the purpose of sale on the terms and conditions hereinafter recited in this Agreement, the following described (property, equipment, items):
Vin: Odometer:
Agreed Upon Asking: ,
Known Issues:
Lienholder Name: , Payoff Amount:
Consignor states and agrees that the description(s) of the consigned (property, equipment, items) is/are true and correct to the best of Consignor’s knowledge and belief and further, that no undisclosed defects in such consignment are known to Consignor.
4. Exclusivity of Agreement. Consignee shall have the exclusive right to market and sell the (property, equipment, items) described hereinabove.
Consignor shall have the right to sell the (property, equipment, items) described hereinabove for his own account. If Consignor does sell the consignment listed in this Agreement, Consignee shall nonetheless be entitled to payment for the sale of such consignment on the terms and conditions of this Agreement.
5. Price. The offering price is to be determined by Consignor. Consignee agrees to inform Consignor of bona fide offers to purchase the consigned (property, equipment, items) for prices less than the asking price set by Consignor. Consignor reserves the exclusive right to accept a price less than the offering price.
6. Title. Consignor agrees to provide signed, not dated, clean and clear (free of liens) title of the consigned (property, equipment, items) to Consignee. Consignee will release title to buyer after certified funds constituting full payment of agreed price on the consigned (property, equipment, items) have been received. Any deposits Consignee receives from potential buyer(s) will be applied to Consignor’s consignment account balance. In the event the Consignor’s consigned (property, equipment, items) title is held by a lienholder, Consignor, Consignee and potential buyer(s) shall make arrangements with the lienholder for title and funds exchange.
7. Vehicle Release. Consignee shall release consigned (property, equipment, items) to Consignor or New Owner only after receiving payment in full for any amount(s) owed due Consignee.
8. Storage. Consignor shall be liable for lot storage fees of $150 per month after Consignor’s consigned (property, equipment, items) has been on premises for more than 120 days after date of original listing by Consignee.
9. Time of Payment(s) to Consignee. Consignor agrees that Consignee shall require and receive full payment on the sale of the consigned (property, equipment, items) prior to any obligation of Consignee to remit payment to Consignor for the same. Upon receiving full payment for such sale, Consignee shall remit, in United States currency or a check drawn on a United States bank, the amount due to Consignor under this Agreement no later than 60 days following the date of such full payment. It is agreed that full payment shall be construed to mean and include ten (10) days for the clearing of any monetary instrument by Consignor’s bank.
10. Amount(s) of Payment(s) to Consignee. Consignee and Consignor agree that an amount of $1295 shall be due upon the date of the executed agreement to cover associated listing costs and fees regardless of sale and 3% of the selling price as set and agreed to by Consignor shall be due and payable to Consignee upon the sale of the (property, equipment, items) subject to this Agreement. Consignee shall provide a monthly written statement listing all sales made of the (property, equipment, items) subject to this Agreement including the dates of such sales, the total amount(s) received and the commission due to Consignor. (An Exhibit “A” may be prepared to set out further agreements as to commission structure/rate/etc.) The parties agree that Consignee may withhold and retain the commission due Consignee from the amount to be remitted to Consignor under Article 5 of this Agreement upon the sale of the consigned (property, equipment, items).
11. Termination of this Consignment Agreement. Consignee may terminate this Agreement at any time by returning to Consignor any or all of the unsold (property, equipment, items) which is/are the subject of this Agreement. Consignor may terminate this Agreement at any time so long as such termination is made before the sale of (property, equipment, items) which is/are subject to this Agreement. The expense of listing fees of any unsold (property, equipment, items) shall be paid by the Consignor if either party terminates this Agreement. Prior notice of termination shall be required of a terminating party. (If required, notice shall be in writing, by fax, by registered mail, etc. days before deemed effective)
12. Operation of Consignee’s Business. Consignee shall have the exclusive right to determine the business operation and management of its premises. Consignor shall have no liability or responsibility for the operation and management of Consignee’s business, employees or agents.
13. Advertising. Consignee may not use Consignor’s name or other identifying information in the advertising, promotion and sale of the consigned (property, equipment, items).
14. Assignment. This Agreement is not assignable and may not be modified other than by a written modification agreed to and signed by both parties.
15. Construction. This Agreement shall be construed and governed according to the laws of the State of Idaho.
16. Waiver. Waiver, forbearance, course of dealing or trade usage shall not affect the right of a party to demand performance of any term or condition of this Agreement.
17. Additional Fee(s) for Preparation of Sale to Consignor. Consignee may bill Consignor at their discretion for any agreed upon repairs, or other items at RentForFun RV shop rates in order to sell the (property, equipment, items).
18. Insurance. For any motor vehicle (including watercraft and recreational vehicles) and any other applicable item where insurance is normally maintained by an owner, Consignor agrees to maintain insurance coverage until the consigned item(s) transfer to the new owner after sale. In the event of any loss, Consignor’s insurance shall be primary and any insurance maintained by Consignee shall be secondary.
AGREED AND EXECUTED, 02/07/2025