TERMS OF CONSIGNMENT
Between:
Modern Lighting Production Services Ltd. 1314 Powell Street, Vancouver, BC, V5L 1G6 ("Modern Lighting")
and
The Owner (as identified above in the signed Owner’s Agreement) ("Owner")
1. Definitions
Owner refers to the individual or entity identified in the signed Owner’s Agreement who consigns equipment to Modern Lighting.
Customer refers to the third-party renter who leases consigned equipment from Modern Lighting under separate rental terms.
Receive Contract refers to the formal intake document executed when the Owner delivers equipment to Modern Lighting for consignment.
Return Contract refers to the formal document executed when consigned equipment is returned to the Owner, marking the end of the Consignment Period.
Consignment Period refers to the duration between the execution of a Receive Contract and a Return Contract, during which the equipment remains under consignment with Modern Lighting.
Rental Revenue refers to the gross income generated from renting consigned equipment to Customers.
Consignment Fee refers to the portion of Rental Revenue retained by Modern Lighting to cover services such as storage, administration, marketing, and rental management.
Consignment Earnings refers to the portion of Rental Revenue payable to the Owner after deduction of the Consignment Fee.
2. Agreement Scope and Structure
This Agreement incorporates the signed Owner’s Agreement and all related “Receive” and “Return” contracts. Collectively, these documents govern the consignment of equipment by the Owner to Modern Lighting for rental purposes.
3. Term and Termination
This Agreement is effective as of the date specified in the Owner’s Agreement and remains in effect until terminated by either party with 30 days’ written notice. Equipment currently on rental or reserved must be allowed to complete its scheduled usage and returned before pickup by owner.
4. Equipment Consignment and Use
Equipment received under a “Receive Contract” is considered consigned until returned via a “Return Contract.”
Modern Lighting may inspect, label, and package the Equipment to integrate it into its rental inventory in the best way possible.
Rental Revenue is split per the Owner’s Agreement, typically:
40% to the Owner
60% to Modern Lighting
In special cases, such as when Equipment is newly released or in high demand, the revenue split may reverse to:
60% to the Owner
40% to Modern Lighting
5. Marketing and Exclusivity
6. Rental Pricing and Consignment Services
Modern Lighting reserves the exclusive right to set and adjust rental prices for consigned Equipment at its own discretion.
Pricing decisions are based on:
Market conditions
Demand
Replacement cost
Modern Lighting will make every reasonable effort to maximize rental value and earnings for both parties.
The Consignment Fee covers:
7. Equipment Modifications
8. Owner’s Personal Use
The Owner may check out Equipment for personal use up to three times per month, subject to availability.
Reasonable notice and an estimated return date must be provided.
Equipment must be returned promptly and during regular warehouse hours.
Labels and barcodes must remain intact; otherwise, a restocking fee may apply.
9. Inspection, Maintenance, and Repairs
Modern Lighting will inspect Equipment upon receipt.
Costs for necessary repairs or modifications are the Owner’s responsibility.
Modern Lighting may advance these costs at thier own expense and deduct them from future consignment earnings.
Routine maintenance and minor repair adjustments are covered by Modern Lighting.
Damage from normal wear and tear is not covered.
In cases of damage, loss, or destruction during rental:
10. Payment Terms
Consignment fees are processed monthly and paid via:
Interac e-transfer
Another agreed method
Payment of consignment earnings to the Owner is contingent on receipt of funds from the rental Customer.
A Purchase Order (PO) will serve as the basis for payment unless otherwise instructed.
Owners may request a statement of earnings at any time.
11. Insurance and Liability
Equipment is insured while in Modern Lighting’s custody.
When rented: the Customer must provide a Certificate of Insurance or pre-auth deposit and they become responsible for the equipment until returned.
Modern Lighting is not liable for losses beyond what can be recovered from the Customer or their insurers.
Owners are encouraged to maintain their own insurance.
Owners acknowledge the inherent risks of equipment rental.
12. Theft and Loss
Theft while in Modern Lighting’s facility is covered by its insurance.
Theft during rental is the responsibility of the rental customer.
Modern Lighting will pursue recovery but cannot guarantee full compensation.
Owners should maintain insurance to cover unrecoverable losses.
Modern Lighting is not liable for theft outside its custody.
13. Irreparable Damage or Loss
14. Confidentiality
Both parties agree to maintain the confidentiality of all proprietary, financial, and operational information disclosed during the term of this Agreement. This obligation shall survive the termination of the Agreement.
15. Digital Signatures
This Agreement may be executed electronically. Digital signatures shall be deemed valid and enforceable as if signed in ink.
16. Dispute Resolution
Any disputes arising under this Agreement shall first be resolved through good-faith negotiation. If unresolved, the parties agree to submit to mediation before pursuing legal remedies.
17. Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of British Columbia, Canada. Any legal proceedings shall be brought in the courts located in Vancouver, British Columbia.
18. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties agree to replace any invalid provision with one that closely reflects the original intent.
19. Force Majeure
Neither party is liable for delays or failures caused by events beyond their control, including:
Natural disasters
Government actions
Labor disputes
20. General Provisions
This Agreement supersedes all prior agreements pertaining to same equipment.
For questions or concerns, Owners may contact Modern Lighting at the address listed above.