VENDOR AGREEMENT

Out of The Attic Antique Mall

10912 County Seat Highway Laurel, De. 19956 302-875-4725

Vendor Rental Agreement

This agreement made and entered into on this _____ day of _____________, 20__ by and between Out of the Attic Antique Mall, hereinafter called Mall and:

Name_______________________________________________________

Address_____________________________________________________

City____________________________________State_______Zip_______

Home Phone________________________________Cell Phone______________________________, hereinafter called Vendor.

In consideration of the covenants hereinafter set forth and other good and valuable consideration, the receipt & sufficiency of which is hereby acknowledged, it is mutually agreed by the parties hereto as follows:

The mall shall allow Vendor to occupy booth # ___________ and/or showcase #____________, for the sole purpose of the sale of antiques and collectibles. The property on display is in said Vendor’s booth or showcase and shall be kept stocked & meet Mall’s standard of quality.
Vendor shall pay Mall rent in the sum of $________ per month, with the initial one month period beginning on _______

Day of _____________, 20_______. All rent is due monthly and is due and payable on the first day of each month. After the initial one month period this rental agreement will become a month to month rental agreement that will automatically renew every month unless Vendor provides written notification to terminate this agreement at least 30 days in advance. If notice is received less than 30 days prior to the last day of the month in which it is received, termination will be effective at the end of the month following the month in which the notice was received.

The first month’s rent is due upon the verbal agreement of Mall and the Vendor.
Security Deposit: Vendor, concurrently with the execution hereof, has deposited with Mall an amount of $_________ as security for the full & faithful performance of every provision of this space rental agreement to be performed by the vendor. If Vendor defaults with respect to any provisions of the space rental agreement, including but not limited to the provisions relating to the payment of rent, Mall, at it’s sole discretion, may elect to sue, apply or retain all or any part of the security deposit for payment of the rent or any other sum in default or for the payment of any other loss or damage which Mall may suffer by reason of Vendor’s default.
Mall shall collect $______________late fee for any rental payments not received by the fifth day of each month and also a $___________ fee for any returned checks written by the Vendor.
When a customer wishes to buy items offered for sale in the Vendor booth or showcase, Mall or its employees shall act agent for the Vendor herein and accept payment for said item(s), collect monies and make delivery to said customer. Mall shall provide the Vendor with a written copy of sales. Each statement should be retained for your tax reporting purposes. Mall does not provide any 1099 or other tax forms. It is the Vendor’s own responsibility to report their taxes. All sales shall go through Mall’s register, and each item must carry a tag clearly showing the Vendor number, price and a description of the item. No items are to be sold directly by the Vendor on the premises- either inside or outside. Doing so will result in immediate termination of agreement, loss of security deposit and a request to vacate space within 48 hours.
For such service as above described in paragraph (6) Mall shall receive 10% of the sale price of all property sold. Payments to the Vendor will reflect deductions for allowed discounts, Mall commissions, rent due and/or any late fees.
Mall shall not be responsible or have any obligation to protect the property of Vendor from fire, theft, flood, shoplifting, breakage or any other loss or damage to said property of Vendor offered for sale except for acts of gross negligence of Mall employees.
Vendor hereby acknowledges & agrees that Mall shall have no obligation to provide any insurance: fire, theft, flood or other casualty or protect Vendor from loss or damage by reason of destruction of property of Vendor, in whole or part, while stored or offered for sale in Mall premises.
Mall reserves the right to revise this contract & establish new monthly rental rates and additions to Vendor contract at any time.

Out of The Attic Antique Mall

Vendor shall hold Mall harmless from all claims of third parties for any reason whatsoever except gross negligence of Mall arising out of the renting of the premises.
Vendor must keep booth(s) and showcase(s) clean and orderly. Mall reserves the right to refuse or limit merchandise placed in the Mall’s premises. All merchandise must be clean and in working order. Vendor warrants that merchandise has a good, marketable title, free and clear of liens and encounters to all property offered for sale by Vendor in Mall’s premises.
Mall requires a 30 day written notice when and if Vendor decides not to renew this rental agreement. Mall may immediately terminate this agreement upon written notification to Vendor if Vendor fails to comply with all terms of this agreement. Vendor agrees to remove all items from the Vendor’s booth(s) and/or showcase(s) within 48 hours after written termination and/or non-renewal of this rental agreement. Mall shall have the right to removed Vendor items and exercise lien rights on such items to secure and guarantee payment of all monies due to Mall. In the event Mall enforces such lien by obtaining possession of any property belonging to Vendor, and if Vendor does not redeem said property by paying all amounts due to Mall within 15 days after such seizure, Mall shall have the right to sell such property and apply the proceeds to the cost of removing and storing the property and all other charges which are past due and owing to Mall. Any amount remaining for the proceeds of such sales will be paid to Vendor.
By signing this agreement Vendor agrees to all current and future Mall rules, restrictions, regulations, policies and procedures.

Vendor____________________________________________ Date____________________________________

Mall Representative__________________________________ Date_____________________________________