Consignments

Why Consign with HH?

 

Consigning in person:

1. Schedule an appointment to bring the instrument in for an appraisal. We will quote you an estimated sale price for free.
2. Once we have tentatively agreed on a sale price, we will email you a Docusign contract of our consignment agreement. Please fill it out before you release the instrument to us.
3. You will need to pay for an ultrasonic cleaning. We will contact you via phone or email for approval if further repairs are needed to get the instrument into salable condition.
4. We will photograph your instrument, add it to our website, and display it in our showroom and at music shows. We appreciate your patience, as this may take a month, depending on the availability of our repair technicians and photographer.
5. Approximately four weeks after the sale of your instrument we will contact you to send you an e-payment for the sale price of the instrument minus the consignment fees.

 

Consigning online:

1. Fill out this consignment appraisal form. We will quote you an estimated sale price for free.
2. Once we have tentatively agreed on a sale price, we will email you a Docusign contract of our consignment agreement. Please fill it out before you ship your instrument.
3. Ship the instrument to Houghton Horns, 137 E. Hill St., Keller, TX 76248. Include the signed consignment agreement in the box so we can identify the instrument.
4. You will need to pay for an ultrasonic cleaning. We will contact you via phone or email for approval if further repairs are needed to get the instrument into salable condition.
5. We will photograph your instrument, add it to our website, and display it in our showroom and at music shows. We appreciate your patience, as this may take a month, depending on the availability of our repair technicians and photographer.
6. Approximately four weeks after the sale of your instrument we will contact you to send you an e-payment for the sale price of the instrument minus the consignment fees.

 

 

 

Text of Consignment Agreement

1. Houghton Horns has the exclusive right to sell your instrument. You deliver it to us, and we both agree on the sales price.

2. Houghton Horns charges a consignment fee. After the fees, you'll get the net proceeds within 30 days after the buyer's return/trial period. You'll get a link to sign up for electronic payment via BILL, our accounting software. We recommend using this method. If you ignore the link, BILL will send a paper check. There's a $25 fee for reissuing lost checks.

3. Houghton Horns is responsible for any loss or damage while the instrument is in our care, and we'll maintain insurance to cover replacement costs.

4. Either party can end the agreement with written notice. If you end it within three months, there's a $100 fee. Houghton Horns can end the consignment if the instrument doesn't sell within a year, except for specialty instruments. You'll pay for any unpaid services and return shipping if the consignment ends without a sale.

5. Houghton Horns may take about one to four weeks to prepare the instrument before posting photos on our website. We require all instruments to be in "good" or better condition, as determined by us. We can perform the necessary services, which you'll pay for upon completion.

CONSIGNMENT AGREEMENT

This Consignment Agreement (hereinafter referred to as this "Agreement") is made effective as of _________________ between __________________________________________________________, with an address of ______________________________________, ___________________, __________, ______________, (hereinafter referred to as the “Consignor”) and Houghton Horns LLC, of 121 Lorine St, Keller, Texas 76248.

The parties agree as follows:

I. RIGHT TO SELL. The Consignor owns the ____________________ ____________________ ____________________ Serial #: ______________________ (hereinafter referred to as the "Instrument").

In accordance with this Agreement, the Consignor grants Houghton Horns LLC an exclusive right to sell the Instrument under the terms of this Agreement. The Consignor agrees to deliver to Houghton Horns LLC, on consignment, the Instrument. All sales prices and terms of sale shall be determined by mutual consent of the parties.

II. PROCEEDS OF SALES. Houghton Horns LLC shall charge a consignment fee of __________ percent of the proceeds from the sale of the Instrument. Payment of the net proceeds from the final sale of the Instrument, after deducting applicable fees, shall be made to the Consignor by Houghton Horns LLC within thirty (30) days following the conclusion of the buyer’s trial/return period.

The Consignor is encouraged to opt for an electronic consignment payout via Houghton Horns LLC’s accounting software, BILL. Upon readiness of the payment, an electronic payout invitation from BILL will be emailed to the Consignor. If the Consignor disregards this invitation, a paper check will be automatically mailed by BILL. Houghton Horns LLC shall not be liable for any loss incurred should the Consignor elect to receive a paper check by mail. In the event that a check requires reissuance for any reason, a service fee of twenty-five dollars ($25) shall be imposed.

III. TITLE TO MERCHANDISE. Consigned merchandise shall remain the property of the Consignor until sold.

IV. LOSS AND INSURANCE. Houghton Horns LLC shall be responsible for all shortages, loss, or damage, while the merchandise is under the control of Houghton Horns LLC. Houghton Horns LLC shall maintain insurance in adequate amounts to pay for replacement of the merchandise in the event of such shortages, loss, or damage.

V. PAYROLL TAXES. Houghton Horns LLC shall be exclusively liable for, and shall indemnify the Consignor against such liability for, all employee payroll taxes and insurance arising out of wages payable to persons employed by Houghton Horns LLC in connection with the performance of this Agreement.

VI. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

VII. WARRANTIES. Neither party makes any warranties with respect to the use, sale or other transfer of the Instrument by the other party or by any third party. In no event will the Consignor be liable for direct, indirect, special, incidental, or consequential damages, that are in any way related to the Instrument.

VIII. TRANSFER OF RIGHTS. This Agreement shall be binding on any successors of the parties. Neither party shall have the right to assign its interests in this Agreement unless the prior written consent of the other party is obtained.

IX. TERMINATION. This Agreement may be terminated by either party by providing written notice to the other party. Should the Consignor elect to terminate the consignment within three (3) months of the Instrument's arrival at Houghton Horns LLC, a fee of one hundred dollars ($100) shall be payable to Houghton Horns LLC by the Consignor. If the Instrument does not sell within one (1) year, Houghton Horns LLC reserves the right to terminate the consignment, except in the case of "specialty" instruments, which include but are not limited to single horns, descant horns, triple horns, natural horns, right-handed horns, rotary trumpets, and alto trombones.

In the event that a consignment concludes without a sale for any reason, the Consignor shall be responsible for the cost of any unpaid cleaning service, and repairs performed on the Instrument, as well as the cost of returning the Instrument to the Consignor.

X. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement and there are no other promises or conditions in any other agreement, whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties with respect to the subject matter of this agreement.

XI. AMENDMENT. This Agreement may be modified or amended, if the amendment is made in writing and is signed by both parties.

XII. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

XIII. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

XIV. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Texas.

XV. SIGNATORIES. This Agreement shall be signed by the Consignor and on behalf of Houghton Horns LLC by ___________________________________________________, ________________________ . This Agreement is effective as of the date first written above.

XVI. PREPARATION OF INSTRUMENT FOR SALE. Houghton Horns LLC may take approximately one (1) to four (4) weeks to prepare the Instrument for sale prior to posting photographs on houghtonhorns.com.

Houghton Horns LLC requires that all consigned instruments be brought to a condition of "good" or better, as determined solely by Houghton Horns LLC. Typically, most instruments will require cleaning or play condition services. Houghton Horns LLC is available to provide these services upon request. Payment for any repair or maintenance services rendered by Houghton Horns LLC shall be made upon the completion of such work and prior to the Instrument being listed for sale by Houghton Horns LLC.

XVII. STOLEN PROPERTY. In the event that Houghton Horns LLC becomes aware that any instrument in its possession has been reported as stolen, Houghton Horns LLC shall promptly notify the appropriate law enforcement authorities and surrender the instrument to them. The instrument will not be returned to the Consignor. Houghton Horns LLC will inform the Consignor of the situation following the transfer of the instrument to law enforcement authorities.