A detailed description of the consignment contract, is the consignment agreement a contract sale

A consignment agreement is an agreement signed between the consignor and the consignee to clarify the rights and obligations of both parties and the conditions related to consignment.

An agreement for a seller to entrust a merchant to sell goods. According to the agreement, the seller sends (transports) the goods to the ** merchant through the postal or common carrier for off-site sales. The merchant is the seller's person, who has the obligation to promote and properly keep the goods, and the sales money and the unsold goods belong to the seller, and the merchant only withdraws the commission.

Therefore, the consignment agreement is not a contract of sale and purchase, but is a contract of entrustment in nature.

1. The content of the consignment agreement.

A consignment agreement is a written agreement between the consignor and the consignor for the execution of the consignment business. The consignment of goods is different, the length of the validity period of the agreement is different, and the circumstances and specific requirements of the parties to the agreement are different, therefore, the consignment conditions listed in the consignment agreement are also different, but the main content of the consignment agreement generally clearly stipulates the rights and benefits of both parties, and the conditions and specific practices of consignment.

1) The terms of the relationship between the parties to the agreement.

The relationship between the consignor and the consignee is a kind of entrustment relationship. The ownership of the goods remains with the consignor before **. The consignee shall, in accordance with the provisions of the agreement, collect the payment for the goods, deal with disputes, etc., and the risks and expenses shall be borne by the consignor.

2) The first clause of the consignment goods.

There are three ways to regulate consignment goods**:

Stipulate a minimum selling price;

The distributor will set the price according to the market**;

It is more commonly used by the consignee to the consignor and determine ** after obtaining the consent of the consignor.

3) Commission Terms.

The commission rate is prescribed, and in some cases the method of calculating the increase or decrease in the commission rate. Usually, the commission is deducted from the payment by the consignee.

4) The obligations of the parties to the agreement.

2. The obligations of both parties to the consignment contract.

Obligations of the Distributor. Including the custody of goods, agent import declaration, warehousing, insurance and other formalities and timely inform the consignor of the business situation. The consignee shall deliver the payment to the consignor in the manner and time specified in the agreement.

Some consignment agreements also stipulate that the consignor shall issue its bank guarantee or standby bank certificate to the consignor to undertake the obligations stipulated in the consignment agreement. The consignor shall ship the goods at the time specified in the agreement and reimburse the consignee for the agency fees paid in advance.

In addition, the consignment agreement should also stipulate the procedures for receiving the consignment goods.

Legal analysis: The consignment agreement is not a sales contract, but a consignment contract in nature.

Legal basis: Roll down.

Article 502 of the Civil Code of the People's Republic of China: A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract shall be approved and other hosiery travel is renewed, it shall be in accordance with its provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.

In accordance with the provisions of laws and administrative regulations, the provisions of the preceding paragraph shall apply to the modification, transfer, termination of the contract, and other circumstances that shall go through formalities such as notification and approval.

Legal analysis: The nature of the consignment agreement is a consignment contract.

The legal basis is poor with Zheng: "Civil Code of the People's Republic of China".

Article 919:An entrustment contract is a contract in which the client and the trustee agree that the trustee will handle the client's affairs.

Article 924:The trustee shall, at the request of the client, report on the handling of the entrusted affairs. When the entrustment contract is terminated, the trustee shall report the results of the entrusted affairs.