Republic of the
Cubao,
CONSIGNMENT AGREEMENT
TO WHOM IT MAY CONCERN:
KNOW ALL MEN BY THIS PRESENT that this consignment agreement entered into by JOVEN C. CANTALEJO, referred herein as the DISTRIBUTOR, a non-traditional specialist and a representative of Strawberry Foods Corp.,with office address at 34 G. Del Pilar St. Brgy. San Roque, Cubao, Quezon City, with telephone numbers 913-8023 and 915-0971 and by GEORGE C.PALAGANAS, referred herein as the CONSIGNEE, an electrical engineer, single,and residing at #846 Aurora Boulevard corner C. Benitez St., 1109 Kaunlaran, Cubao, Quezon City, with cellular phone numbers 0920-3870928 and 0921-3818254, is voluntary for both parties and this written agreement is signed by both to manifest their desire to enter into such an agreement. This consignment agreement is composed of the following stipulations to wit;
THAT this consignment agreement starts on June 16,2004, Wednesday, and ends on July 5, 2004 or for a period of nineteen(19) days, after which this agreement is duly terminated hence freeing both parties, the DISTRIBUTOR and CONSIGNEE, from any liability from it whatsoever provided no stipulation on it was violated.
THAT the DISTRIBUTOR, JOVEN C. CANTALEJO, is a sales agent and distributor of the goods, referred herein as CONSIGNED GOODS, specifically Nissin Biscuits, MY San Biscuits, Lucky Me! Noodles,Juicy Fruit Gum, Doublemint Gum, etc., on consignment basis.
THAT the consignment basis herein referred to means the CONSIGNED
GOODS will be delivered to the CONSIGNEE at the beginning of the day
of June 16,2004, Wednesday.The
CONSIGNEE then will sell the CONSIGNED GOODS at the place of
consignment or wherever the CONSIGNEE deem it fit to be sold,herein
referred to as the PLACE TO SELL.
All payments for the delivery price of each consigned good will be turned-over
to the DISTRIBUTOR at the end of this consignment agreement,that is at the end of the day of
THAT the turning-over of all payments and unsold goods by the CONSIGNEE to the DISTRIBUTOR at the end of the day of July 5, 2004 frees the CONSIGNEE from all obligations from this agreement, hence referred here as the CLOSING of the CONSIGNMENT AGREEMENT.
THAT the total amount of the CONSIGNED GOODS should not exceed six hundred pesos(Php 600.00).
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THAT the CONSIGNED GOODS be delivered in perfect
quality, fresh and free from any defects and has passed sanitary standards set
by the Department of Health and by the Bureau of Foods and Drug Administration
at the beginning of the day of June 16,2004, Wednesday, at MZ
Billiard Amusement 9, to be referred herein as the place of consignment,
located at #846 Aurora Blvd. Corner C.Benitez St.,
Barangay Kaunlaran, Cubao, Quezon City owned by Maricel Zamora, married,of legal
age and residing at Luzon Ave., Quezon City.
THAT in case of late deliveries of CONSIGNED GOODS, there should be a verbal notice, either in telephone or in person, between CONSIGNEE and DISTRIBUTOR , stating the reason for the delay and delivery delays should not exceed seven days after the start of this agreement. Otherwise, this agreement is rendered invalid.
THAT the place of consignment is not necessarily the place where the consigned goods will be sold at a price considered reasonable by the CONSIGNEE but higher than the delivery price determined by the DISTRIBUTOR. A verbal notice, through either telephone or in person, should be supplied to the DISTRIBUTOR by the CONSIGNEE, stating in brief where the consigned goods are being sold, referred herein as the PLACE TO SELL, in case the place to sell is other than the place of consignment.
THAT in case of change of place of consignment, the CONSIGNEE will notify the DISTRIBUTOR by telephone or/and in writing about the changes.
THAT the delivery price of each consigned good is placed on the delivery form, indicative of per piece or per bag or whatever unit is applicable and the official receipt of the delivery or INVOICE is to be attached in this document on the day of the delivery, the total amount of which should not exceed six hundred pesos (Php 600.00). And this is the price for the consigned goods to be collected by the DISTRIBUTOR at the CLOSING of the consignment agreement. The delivery of the consigned goods at the place of consignment does not signify the consigned goods are sold as delivered. But the unsold goods can be returned to the DISTRIBUTOR at the CLOSING of this consignment agreement in good form, untampered, and in perfect condition without any charges for the returned goods. Loss of consigned goods are the responsibility of the CONSIGNEE hence they are good as sold and the delivery price will be paid by the CONSIGNEE.
THAT in case the CLOSING of the consignment agreement is done after the consignment agreement has been terminated, there should be a written communication between the two parties, DISTRIBUTOR and CONSIGNEE, stating the reason why the closing of consignment agreement happened only after the agreement was terminated and the CLOSING should not exceed fifteen days after the agreement has expired.
THAT similar consignment agreements in the past were properly CLOSED and the CLOSING of the consignment agreement clause properly observed and attended to by both parties.
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THAT provisions on Strawberry Foods Corporation’s VAT INVOICE marked as IMPORTANT is true only for consignments exceeding five thousand pesos (Php 5,000.00) since this is the current minimum amount required to open a checking account with most commercial banks.
THAT no stipulation of this written agreement can be
violated by any party, CONSIGNEE or DISTRIBUTOR, without
rendering it invalid and any violation thereto will constitute BREACH. Hence, the AGGRIEVED
party, by rule of court, should and must be compensated but the compensation
should not exceed the total amount of the delivery price of the CONSIGNED
GOODS or should not exceed six hundred pesos (Php600.00).
IN WITNESS WHEREOF, this written agreement is signed and properly witnessed this 16th of June, 2004, Wednesday at Cubao, Quezon City duly notarized and the signatures of the DISTRIBUTOR, CONSIGNEE and witnesses, including a documentary(BIR) stamp properly affixed and cancelled on the document.
SIGNED:
________________________ _________________________
JOVEN C. CANTALEJO GEORGE C. PALAGANAS
DISTRIBUTOR CONSIGNEE
________________________ _________________________
First Witness Second
Witness
Related Consignments
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