Vendor Agreement

Resale Services, LLC
DBA Valley Park Resale and Flea Market, DBA Marketplace Resale & Consignments
20 Meramec Station Road, Valley Park MO 63088
[version 5d, updated June 2016]


 

TERMINOLOGY:

Business Space (tm) Booth Space: A Single, specific location in the store, assigned to an individual vendor.

Vendor: A person or company who rents a booth space paying a specified rental fee and commission.

Rental Fee: The agreed fee for use of one or more specified booth spaces within the store

Commission: A fee paid to the company based on a fixed percentage of sales.

Sales: The actual selling price of one or more items, not including state and local sales taxes.

Sales Tax: As required by state and local law, sales tax is collected on all sales and is paid by the customer.

Month: Any calendar period beginning the 1st day of the month, ending on the last day of the month. For prorating, a month is considered to be 30 days.

Merchandise: Any item for sales at the store.

Agreement Overview:

The vendor will rent an assigned booth space from Resale Services, LLC. and pay a monthly rental fee and percentage of sales on commission as outlined in this agreement. It is the vendors responsibility to maintain their booth once per week. Resale Services, LLC will maintain the store, promote the business, provide staffing, collect and pay state sales tax, and provide monthly sales reports to the vendors.

Vendors are expected to refresh/restock their booth a minimum of once per week.
Our experience is that less engaged vendors have fewer sales opportunities than active sellers.

NEGOTIABLE AND FIRM PRICING:

[See your printed Agreement for details]

NEW VENDORS:

Payment of initial two month’s rental holds the assigned booth space, and vendor may move in on or after the first of the month. A vendor may elect to move in sooner based on space availability by paying the initial two month rent plus a prorated amount of 1/30th the month’s rental for each day remaining in the current month, based on the start date requested by vendor and at the discretion of Resale Services, LLC.

Move in for new vendors may occur on any day that the store is open for regular business hours; care should be taken to not interfere with customer movement within the store.

MONTHLY SALES REPORT AND PAYMENT:

The company will provide a statement detailing your sales during the previous month, available by morning the 10th of the new month (if the 10th is a Sunday, the report will be ready the next business day.) The report details total sales, commission withheld, and any payments made to your account. Your original item tags are returned so you can see what sold. In addition, your rental fee for the current month will be deducted from your sales in the prior month.

Your balance is determined by the following formula:

Sales  –  Commission  – Rental Fee = Your sales $ balance.

A check will be written for positive amounts of $5.00 or greater. Checks expire after 90 days, and are dated the last day of the selling month. It is our policy to not replace lost or expired checks; electronic banking makes it possible to deposit a check with no bank markings, placing the store at risk. Exceptions are rare, are solely at the owners’ discretion, and would likely include the store deducting a stop-check fee equal to the actual bank cost.

Treat your check like cash.
We are not responsible for loss or expiration.

If you have a balance due on your statement, it is due by the 15th of the month, and can be paid by check or cash; credit are not accepted for rental fees. Account balances under $5.00 will be retained as a credit on your account, to be paid on a future statement.

If you prefer to receive your report and check by mail, provide self-addressed stamped envelopes and we will mail them to you at no additional cost.

DEFAULT ON RENTAL FEES:

If the prior month sales balance is insufficient to cover the current month’s rent, payment must be received no later than the 15th of the current month, and can be paid by check or cash; credit will not be accepted for rental fees. We will continue to sell your items; however, no sales balance will be paid to a vendor who is not current on rental fees. Unclaimed checks may be applied to offset the amount.

You remain responsible for any additional rents incurred, regardless of your sales or your personal activity. It is important that you remain in communication with the store.

If the rental fee remains due after the 20th of the first month, we may choose to temporarily discount your items, and apply these sales to your account until the balance is paid. If the balance due is not resolved by the 10th of the second month, we may at our discretion consider your merchandise abandoned to become property of the company to sell, donate or otherwise dispose of the merchandise. You remain responsible for any due amount, regardless of sales.

If payment of rental fees by check is returned “Non-sufficient Funds” or similar, an additional fee of $25 will be charged against your account.

At the company’s discretion, we may use a third party for collection of the past-due amount.

ENDING THE RENTAL

This vendor agreement is a month-to-month perpetual contract. If you choose to end this contract, you must notify Resale Services, LLC in writing or by email no later than the 15th of the current month, and remove all merchandise by the end of the month.  Any balance on your account will be paid to you by the morning of the 10th of the following month. If proper notice is not provided, two week’s rent will be deducted from current month’s sales before your account is closed. Resale Services, LLC may also choose to end this agreement at the end of any given month providing notice by the 15th of the month; while it is unusual, if we end your rental mid-month we’ll also refund your rent prorated for the days remaining in the month.

Any merchandise lingering in store and purchased will be treated as a consignment sale, and you will receive credit for the sale.

It is the vendor’s responsibility to remove all items, decoration, nails, etc., that were not originally included with the booth. There is no dumpster provided; all material regardless of condition or size must be removed and disposed of properly off site. Moving out may occur on any day that the store is open for regular business hours. It is preferred that vendors remove items on a weekday to limit disruption to business.

INSURANCE AND LIABILITY:

Insurance to protect against your loss, theft, or damage of your inventory is the responsibility of you the vendor. Resale Services LLC, its members, or any other representative of the company is fully released from any legal action resulting from loss, theft, or damage of personal property.

DISPUTES:

It is inevitable that some sales will be disputed, or we simply make a mistake when calculating your sales. We will resolve these quickly and fairly. Disputes must be communicated within the first month immediately following the report.

W-9, 1099-Misc, and Taxes:

Federal tax law requires us to submit a 1099-Misc form for any vendor whose gross sales equal or are greater than $600 in the calendar year. We therefore require all vendors to submit a W-9 when starting to sell with us. The store may at it’s discretion temporarily hold a payment until the W-9 is received. For any tax related questions, please consult your tax adviser, accountant, or the IRS directly.