3983 East Pine Avenue, Meridian, Idaho 83642 Office: 208-855-0700 www.JFRcarsIdaho.com
USED VEHICLE CONSIGNMENT AGREEMENT
Exclusive listing with the exclusive right to sell
I (We), the undersigned Owner(s), herby agree to consign my (our) vehicle with JFR Used Car Warehouse (Dealership), also referred to as JFR, the vehicle described as follows, for the sole purpose of selling the vehicle with a minimum selling price of $_______________. The Owner(s) shall have final approval of any proposed sale
of the vehicle. The Owner(s) agree to Consign the following vehicle for 90 days:
Year _________ Make __________________________Model ______________________________ Color ______________
The current odometer reading is __________________ miles. Actual Miles In excess of Mechanical Limits Unknown
VIN
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(Circle One)
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If you answered “Yes” to any of the questions, please provide details:
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Has this vehicle been in a major accident?
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Yes
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No
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____________________________________________
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Has this vehicle ever been in a flood?
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Yes
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No
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____________________________________________
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Has this vehicle ever had hail damage?
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Yes
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No
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____________________________________________
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Has the vehicle ever been on a Salvage Title?
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Yes
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No
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____________________________________________
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For their efforts and marketing, JFR Used Car Warehouse is entitled to retain a Consignment Selling Fee of 8% of the sale price of the vehicle with a minimum of $1,000 selling fee.
The Consignment Selling Fee is paid at the time of sale by the Owner(s) and shall be deducted from the final sale price.
As part of JFR’s Consignment Program the Owner(s) agree to pay for other costs associated with the Consignment Program – these are outlined below:
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Safety Inspection!
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$40.00
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Professional Detail!
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$120.00 & up
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Marketing & Advertising!!
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$199.00
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The above fees are paid by the Owner(s) at the time of consigning the vehicle.
WHEREAS, The Owner owns the vehicle as described above and desires to consign the Vehicle to JFR Used Car Warehouse to sell pursuant to the terms of this Agreement. The parties hereby agree as follows:
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Initial:
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_______
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_______
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1 OF 3
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Owner
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Consultant
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General Terms:
1.Owner shall pay JFR Used Car Warehouse the “Consignment Selling Fee” of Eight Percent (8%) of the sale price of the vehicle with a minimum of One Thousand Dollars ($1,000) for JFR’s services under this Agreement as described on page one. The Owner shall pay the Fee from the sale price of the vehicle when it is sold. This fee will be deducted from the sale price of the vehicle.!
2.The term of this Agreement shall be a minimum of 90 days from the date this Agreement is signed. After the initial 90-day term, the Consignment Agreement can be terminated by either party, by giving 7 days written notice, provided there is no pending sale.
3.Before Owner’s Vehicle is listed with JFR, the Vehicle must be free of major mechanical problems that would create a safety issue or prevent the vehicle from being driven. For example, bad wheel bearings, engine problems, bad brakes, transmission issues, axle problems, poor tires, check engine lights and other dash warning lights, etc.
4.If there is a lien it has to be less than the sale amount of the Vehicle, otherwise the Owner has to provide the difference for JFR to hold as collateral for the sale or make arrangements with JFR to satisfy the lien.
5.The Owner shall retain their license plates while the vehicle is on consignment with JFR. JFR will use a dealer plate when road testing the vehicle.
6.The Marketing Fee and other Fee’s (Safety Inspection, Detailing and Repair work) are paid upfront by the Owner in order for JFR to sell the vehicle. These Fee’s are separate from the Consignment Selling Fee.
7.JFR shall have no liability for punitive, exemplary, or consequential damages under this Agreement. The liability of JFR under this Agreement shall not exceed the amount of the Fee actually paid to JFR.
8.This Agreement is the entire agreement between the parties regarding this consignment. No other written or oral understandings or agreements regarding the consignment will be binding upon the parties unless included in this Agreement.
Owner:
1.Owner authorizes JFR Used Car Warehouse to sell the Vehicle on Owner’s behalf, including the power to execute any necessary documentation as Owner agent.
2.Owner represents and warrants to JFR that (a) Owner owns the Vehicle, (b) Owner has full right and authority to enter into this Agreement and to sell the Vehicle, (c) Any information the Owner shares with JFR will be true and accurate to the best of Owner’s knowledge.
3.Owner will provide all documentation needed by JFR to sell the Vehicle, including the following: (a) A photocopy of the title (front and back) if Owner has title in their possession. If there is a lien on the Vehicle the Owner will provide JFR with lien holders, name, address, phone number and Owners account number.
(b) Copy of Owner(s) driver’s license. (c) Copy of the registration. (d) Copy of the insurance certificate.
4.Owner agrees to maintain full liability coverage, and in addition, comprehensive fire, theft, collision and such other insurance on the Vehicle for its full replacement value as JFR reasonably requires. The limits of the insurance shall be reasonably satisfactory to JFR & Associates, Inc.
5.Owner shall indemnify and hold JFR Used Car Warehouse harmless from and against all actions or causes of action, claims, demands, liabilities, losses, damages or expenses which JFR may sustain or incur as a result of any breach by Owner of this Agreement, including any suit instituted to enforce the obligations of this Agreement.
JFR Used Car Warehouse:
1.JFR will: (a) inspect the Owner’s Vehicle upon receipt of Vehicle for Consignment and provide Owner with an estimate to repair any defects found to bring the vehicle up to the Seal of Approval for Standard Conditions. Owner shall have no obligation to have the work performed by JFR Used Car Warehouse. In the event the Owner elects to have the vehicle serviced by JFR to have the vehicle brought up to the Seal of Approval for Standard Conditions, JFR warrants and represents that the Owner will not be responsible for any additional parts or labor both during the consignment period and post sale. In the event the Owner does not authorize JFR to perform the work necessary to bring the vehicle up to the JFR Performance Seal of Approval for Standard Conditions, JFR shall have the right to terminate this Agreement.
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Initial:
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_______
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2 OF 3
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Owner
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Consultant
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2.Marketing: JFR will: (a) conduct a professional photo shoot of the Vehicle, (b) conduct a professional video of the Vehicle, (c) list the Vehicle on JFR’s website and other internet sites as JFR deems appropriate, (d) use reasonable efforts in marketing and selling the Vehicle and, (e) perform an exit inspection and detail of the Vehicle after completion of the sale.
3.Disclosure Rights. If someone requests information on the Owner of the Consignment Vehicle or their consignment history for law-enforcement, public trust interests, government, or business purposes, JFR may provide it without the Owners written consent.
4.Casualty Loss. JFR is not liable to any Owner, test driver, guest, client, or occupant for personal injury or damage or loss of personal property from fire, wind, hail, theft, smoke, dust, flood, rain, water leaks, ice, snow, lightening, environmental problems, explosions, and interruption of utilities, unless that injury or damage is caused by our negligence. JFR is not responsible for property loss caused by service personnel..
5.Upon completion of the sale and receipt of clear, negotiable title from the Owner, JFR will promptly pay the Owner the final Sale Price minus the sum of the Consignment Selling Fee and minus any amount owed by the Owner to a lien holder.
Severability. If any part or parts of this agreement shall be held unenforceable for any reason, the remainder of this agreement shall continue in full force and effect.
Binding Effect. The covenants and conditions contained in this agreement shall apply to and bind the heirs, legal representatives, and permitted assigns of the parties.
On today’s date _______________ the Owner and JFR Used Car Warehouse agree to enter into this
Consignment Agreement as stated above.
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Owner’s Printed NameEmail Address
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AddressCityState Zip
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Cell PhoneBusiness PhoneHome Phone
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Owner’s Signature
X
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Consultant’s Signature on behalf of JFR Used Car Warehouse
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Initial:
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_______
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_______
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3 OF 3
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Owner
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Consultant
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