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The following items are forwarded to the Consignee to be held and exhibited by the Consignee as the property of Donna's Designs. Title to said items remains in and the said items are at all times subject to and under the direction and control of Donna's Designs. Title to said items shall not pass to the Consignee but shall pass directly from Donna's Designs to the person, persons or firm to whom the same shall be sold, through the efforts of the Consignee.
(1) The Consignee agrees that any sale made by the Consignee of these items shall be made for the account of and that all sums received by the Consignee upon any such sale, up to the amount of the Invoice, are to be received and held in trust for Donna's Designs. The Consignee is to pay immediately upon the receipt thereof, from the amount collected, the amount at which said items are invoiced to the Consignee.
(2) The Consignee hereby guarantees the payment to Donna's Designs of the invoice price of all items delivered herewith which may be sold by said Consignee. The Consignee in connection with this guarantee waives notice of default and consents to all extensions.
(3) As consideration for permission to exhibit the items hereby consigned, the Consignee agrees to assume all risks from fire, loss, theft, vandalism, floods, tornadoes, cyclones, and all other risks of every nature and description whatsoever, including damage or destruction through any cause whatever. The Consignee agrees to insure the items against all of the above risks and agrees to pay all expenses of insurance, cartage and expressage.
(4) Title to the items delivered herewith may pass to the Consignee, only upon payment by him/her/them to Donna's Designs of the full amount of the price at which the said items are invoiced, and not otherwise. The acceptance of a check, note, trade acceptance or other commercial paper by Donna's Designs is not deemed payment until said check, note, trade acceptance or other commercial paper shall have been paid according to the terms thereof. A payment by the Consignee of less than the invoice price shall not be deemed a part payment and shall not transfer Title to the Consignee but shall be considered merely as a deposit for the particular items hereby invoiced and Title shall remain in Donna's Designs until payment in full by the Consignee.
(5) The Consignee by receiving the within described merchandise agrees that these prices are subject to change at any time by written notice from Donna's Designs.
(6) Items from this memo are not subject to any discount or dating (unless agreed upon by both parties).
(7) The original numbers and other marks of Donna's Designs on the items in question shall not be removed or disturbed.
(8) Neither the said merchandise nor the proceeds of any sale of it shall be mingled with the Consignee's other property.
(9) Any merchandise hereafter shipped or delivered to the Consignee by Donna's Designs is merchandise covered by this agreement and all of the terms hereof shall be applicable to such future shipments or deliveries to the same force and effect as though the merchandise so shipped or delivered was actually set forth herein.
(10) In the event of any conflict arising out of this agreement that requires legal adjudicationn the laws of the State of Delaware, United States of America shall be those governing such conflict for both Donna's Designs and the Consignee.
(11) The Consignee understands and accepts all the terms and conditions described above and demonstrates his/her/their agreement to these terms and conditions by signing this document below.
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