Onwership & Authenticity Declaration

 

This Ownership & Authenticity Declaration ("Declaration") is executed by the individual submitting property to THE BRAND ORIGINAL ("Declarant").

This Declaration forms an integral part of the Consignment Agreement and survives termination of the consignment relationship.

By signing this Declaration, the Declarant acknowledges and agrees to all statements contained herein.

1. DECLARATION OF OWNERSHIP

The Declarant hereby declares, represents, and warrants that:

  • the Declarant is the lawful and beneficial owner of all items submitted to THE BRAND ORIGINAL;

  • the items were acquired legally;

  • the items are not stolen;

  • the items are not counterfeit;

  • the items are not subject to any lien, pledge, claim, financing agreement, security interest, court order, seizure, or other encumbrance;

  • no third party possesses ownership rights to the submitted items;

  • the Declarant has full legal authority to consign, market, and sell the submitted items.

The Declarant understands that THE BRAND ORIGINAL relies upon these representations when accepting property for consignment.

2. DECLARATION OF AUTHENTICITY

The Declarant expressly represents and warrants that all submitted items are authentic.

The Declarant further declares that:

  • all trademarks, logos, serial numbers, date codes, hallmarks, and identifying characteristics are original unless specifically disclosed in writing;

  • no item has been intentionally altered in a manner that misrepresents authenticity;

  • no counterfeit component has been installed or substituted;

  • no material information affecting authenticity has been withheld.

The Declarant acknowledges that knowingly submitting counterfeit goods may violate civil and criminal laws.

3. SUPPORTING DOCUMENTATION

The Declarant agrees, upon request, to provide any available supporting documentation, including:

  • purchase receipts;

  • invoices;

  • certificates of authenticity;

  • appraisal reports;

  • warranty cards;

  • proof of ownership;

  • provenance documentation;

  • repair records;

  • service records;

  • import documentation.

THE BRAND ORIGINAL may request additional information whenever reasonably necessary.

4. AUTHENTICATION PROCESS

The Declarant understands and agrees that:

  • THE BRAND ORIGINAL may conduct internal authentication reviews;

  • THE BRAND ORIGINAL may engage independent authentication providers;

  • THE BRAND ORIGINAL may seek expert opinions;

  • THE BRAND ORIGINAL may refuse any item that cannot be authenticated to its satisfaction.

Authentication decisions made by THE BRAND ORIGINAL shall be final for purposes of acceptance into inventory.

5. RIGHT TO HOLD PROPERTY

If ownership or authenticity concerns arise, THE BRAND ORIGINAL may:

  • temporarily withhold the item from sale;

  • remove the item from inventory;

  • request additional documentation;

  • delay payment;

  • return the item;

  • retain possession as reasonably necessary to investigate the matter.

The Declarant agrees to cooperate fully with any investigation.

6. REPORTING OF SUSPECTED COUNTERFEIT GOODS

If THE BRAND ORIGINAL reasonably believes an item may be counterfeit, stolen, unlawfully obtained, or otherwise problematic, THE BRAND ORIGINAL may:

  • refuse the item;

  • cancel the consignment;

  • notify authentication providers;

  • notify brand owners;

  • notify law enforcement authorities;

  • provide documentation requested by competent authorities.

The Declarant acknowledges that THE BRAND ORIGINAL may be legally required to cooperate with investigations.

7. FALSE REPRESENTATIONS

Any false statement concerning:

  • ownership;

  • authenticity;

  • provenance;

  • purchase history;

  • supporting documentation;

  • identifying characteristics of the item;

shall constitute a material breach of the Consignment Agreement and this Declaration.

In such circumstances, THE BRAND ORIGINAL may:

  • immediately terminate the consignment relationship;

  • refuse future consignments;

  • withhold payments pending investigation;

  • seek reimbursement of expenses;

  • pursue legal remedies available under applicable law.

8. INDEMNIFICATION

The Declarant agrees to defend, indemnify, and hold harmless THE BRAND ORIGINAL, its owners, officers, employees, contractors, agents, affiliates, successors, and assigns from any claims, losses, liabilities, damages, penalties, costs, expenses, or legal fees arising from:

  • ownership disputes;

  • authenticity disputes;

  • counterfeit goods;

  • stolen property;

  • false statements;

  • fraudulent documentation;

  • violations of law;

  • breaches of this Declaration;

  • fraudulent conduct by the Declarant.

9. ACKNOWLEDGEMENT OF LIABILITY

The Declarant understands that intentional misrepresentation regarding ownership or authenticity may result in:

  • civil liability;

  • monetary damages;

  • forfeiture of proceeds;

  • cancellation of transactions;

  • criminal investigation;

  • criminal prosecution where permitted by law.

10. ELECTRONIC ACCEPTANCE

Electronic signatures, digital acknowledgements, online form submissions, checkbox confirmations, and electronic acceptance methods shall have the same force and effect as original handwritten signatures.

11. GOVERNING LAW

This Declaration shall be governed by the laws of the State of Florida.

12. VENUE

Any dispute arising from this Declaration shall be brought exclusively in Miami-Dade County, Florida.

13. DECLARATION

I certify under penalty of applicable law that the information provided to THE BRAND ORIGINAL is true, complete, and accurate to the best of my knowledge.

I understand that THE BRAND ORIGINAL will rely upon this Declaration when accepting, marketing, and selling my property.

OWNER INFORMATION

Full Name: ______________________________________________

Address: ______________________________________________

Phone: ______________________________________________

Email: ______________________________________________

Government ID Type: ______________________________________________

Government ID Number: ______________________________________________

Date: ______________________________________________

Signature: ______________________________________________