käendusleping

A käendusleping, commonly known in English as a "consignment agreement" or "consignment sale agreement," is a legal contract used primarily in commercial transactions, particularly in the retail and wholesale sectors. This type of agreement outlines the terms under which a seller (often a manufacturer or wholesaler) allows a buyer (typically a retailer) to display and sell goods on their behalf without transferring ownership until the items are sold. The retailer acts as an agent for the seller, handling the marketing, storage, and sales process while the seller retains legal ownership of the merchandise.

In a käendusleping, the retailer is generally responsible for promoting the products and managing the sales process, often within a designated space or section of their store. The seller, however, retains control over pricing, inventory management, and the final sale of the items. Once a product is sold, the retailer typically deducts a commission or fee (often a percentage of the sale price) and remits the remaining amount to the seller. The exact terms, including commission rates, payment schedules, and responsibilities, are clearly defined in the agreement to avoid misunderstandings.

This arrangement benefits both parties: the seller gains exposure and potential sales without the overhead of operating a physical retail space, while the retailer can offer a curated selection of products to their customers without bearing the risk of unsold inventory. Käenduslepingu are particularly common in industries such as fashion, electronics, and specialty goods, where retailers may lack the resources to stock a wide variety of products. The agreement is legally binding and should be drafted carefully to ensure clarity on obligations, liability, and dispute resolution mechanisms.