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Consignment Agreement
I need a consignment agreement for a local artisan who will supply handmade crafts to my store on a 60-day consignment basis, with a 70/30 revenue split in favor of the artisan. The agreement should include terms for unsold goods return, damage liability, and payment schedule.
What is a Consignment Agreement?
A Consignment Agreement lets a business owner (consignor) place their goods with another party (consignee) to sell them, while keeping ownership until the items are sold. Under Nigerian commercial law, these agreements help manufacturers and suppliers expand their reach without opening new locations, especially in retail and agricultural sectors.
The agreement spells out key details like commission rates, payment terms, and who handles storage costs or damaged goods. It differs from regular sales contracts because the consignee doesn't buy the stock upfront - they only pay the consignor after successfully selling items to customers. This arrangement is particularly popular among Nigerian fashion retailers, art galleries, and farm produce distributors.
When should you use a Consignment Agreement?
Consider using a Consignment Agreement when you want to test new markets or expand your sales reach without investing in physical stores. This arrangement works especially well for Nigerian businesses selling specialty goods, handmade items, or seasonal products through established retailers - letting you maintain ownership while leveraging someone else's retail space and customer base.
The agreement becomes essential when partnering with retailers in different Nigerian states, or when dealing with high-value merchandise like jewelry, designer clothing, or premium electronics. It protects your interests by clearly defining commission structures, setting handling requirements, and establishing procedures for unsold inventory - making it easier to resolve disputes under Nigerian commercial law.
What are the different types of Consignment Agreement?
- Contract For Consignment Of Goods: A comprehensive Consignment Agreement for general merchandise, covering essential terms like pricing, inventory management, and payment schedules. Commonly used by Nigerian wholesalers and distributors across various industries.
- Clothing Consignment Contract: Specialized agreement tailored for fashion retail, including specific provisions for seasonal collections, size variations, and garment care requirements. Popular among boutique owners and fashion designers in Nigeria's growing fashion industry.
Who should typically use a Consignment Agreement?
- Manufacturers/Suppliers (Consignors): Nigerian businesses looking to sell their products through established retail channels without direct ownership of store space. Common in sectors like fashion, electronics, and agricultural products.
- Retail Stores (Consignees): Shop owners who display and sell consigned goods, earning commission on sales while minimizing inventory investment risks.
- Legal Advisors: Corporate lawyers and in-house counsel who draft and review Consignment Agreements to ensure compliance with Nigerian commercial laws.
- Business Development Teams: Professionals who negotiate terms, manage relationships, and monitor performance of consignment partnerships.
How do you write a Consignment Agreement?
- Basic Details: Gather complete business information for both consignor and consignee, including registration numbers and contact details under Nigerian law.
- Product Specifics: Document item descriptions, quantities, pricing structure, and any special handling requirements or quality standards.
- Commission Terms: Define exact commission rates, payment schedules, and methods of payment acceptable under Nigerian banking regulations.
- Operational Rules: Outline inventory tracking procedures, reporting requirements, and protocols for damaged or unsold goods.
- Duration and Terms: Specify agreement length, renewal options, and termination conditions - our platform helps ensure these align with local commercial law requirements.
What should be included in a Consignment Agreement?
- Party Identification: Complete legal names, addresses, and registration details of consignor and consignee under Nigerian business law.
- Goods Description: Detailed inventory list, pricing structure, and quality specifications of consigned items.
- Commission Structure: Clear payment terms, commission rates, and settlement periods following Nigerian financial regulations.
- Risk Allocation: Specific provisions for loss, damage, or theft of goods while in consignee's possession.
- Termination Clauses: Conditions for ending the agreement and procedures for returning unsold merchandise.
- Dispute Resolution: Agreed method for handling conflicts, including jurisdiction and applicable Nigerian commercial laws.
What's the difference between a Consignment Agreement and an Agency Agreement?
A Consignment Agreement differs significantly from an Agency Agreement in several key aspects, though both involve one party acting on behalf of another. While consignment deals specifically with goods and their sale, agency relationships cover a broader scope of business activities under Nigerian law.
- Ownership Structure: In consignment, the consignor retains ownership until the goods are sold, while in agency, the agent never owns the principal's assets.
- Scope of Authority: Agency agreements grant broader powers to represent and act on behalf of the principal, while consignment strictly limits authority to selling specific goods.
- Payment Model: Consignment typically works on a sales commission basis for specific items, whereas agency agreements often include fixed fees plus commissions for various services.
- Risk Distribution: Under consignment, the consignor bears inventory risk, while in agency relationships, risk allocation varies based on the specific arrangement and Nigerian commercial law.
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