TERM AND CONDITION OF EXCLUSIVE DISTRIBUTOR AGREEMENT
Exclusive Appointment. Subject to the below terms and conditions of this Distributor Agreement, RM Salt hereby appoints and grants Distributor the exclusive right to sell and distribute the Himalayan Salt Products to customers located in the Territory (the “Customers”). The Distributor shall limit its activities with respect to the Products to Customers located within the Territory and refrain from selling or otherwise transferring, directly or indirectly, the Products to any person outside the Territory, without the express written consent of the Company (RM Salt). Company (RM Salt) shall not sell or otherwise supply, directly or indirectly, the Products in the Territory except by sale through the Distributor, and the Company shall not contact any of Distributor’s Customers for any reason, without the prior written approval of Company.
1. RIGHTS GRANTED AND TERRITORY.
Manufacturer (RM Salt) hereby grants to Distributor the exclusive right to sale and distribute Himalayan Secret products by RM Salt on the terms and conditions set forth herein, to purchase, promote and resale “Manufacturer’s Products” (as defined below) within allocated Territory: Manufacturer will not sell any products directly to any retail other distributors/customer in allocated/designated territories:
The term “Manufacturer’s Products/Himalayan Secrete,” in this Agreement, shall mean the Himalayan Secret products and accessories manufactured and/or sold by Manufacturer/Seller (RM Salt) as follows:
3. MOQ (Minimum Order Quantity) of Himalayan Salt Product
Himalayan Secret Décor Products, MOQ: 1000 unit
Himalayan Secret Edible Salt Pouches and Jars, MOQ:1000
Himalayan Secret Bath-line Salt Pouches and Jar MOQ:1000
4. PAYMENT TERMS
4.1. Buyer will pay a deposit of 30 % Advance of Proforma Invoice value.
4.2. Payment of the total amount to be effected to Seller by no later than 72 hours by TTR to Buyers of original Documents listed in “Documents’’ to Buyer. The date of receipt of Payment into Seller´s Nominated Account is considered the date of payment.
4.3. Seller´s Nominated Bank Account for USD Payment
4.4. In the event that the Buyer fails to effect any payment in compliance with the terms of this Contract, the Seller has, at its sole discretion the right to renegotiate the terms of the contract or terminate the contract.
5. DOCUMENTS AND DOCUMENTARY INSTRUCTIONS:
Manufacturer/Seller to provide Buyers the following documents (“Documents “) only:
Bill of lading.
Certificate of weight, quality and packing.
Certificate of origin.
6. WARRANTY POLICIES.
If any of Manufacturer’s Products are proven to be defective generally at time of sell to Distributor, Manufacturer will make an appropriate adjustment in the original sales price of such product or, replace the defective product. MANUFACTURER MAKES NO WARRANTY TO DISTRIBUTOR, OR ITS CUSTOMERS, WITH RESPECT TO THE PRODUCTS, EITHER EXPRESS OR IMPLIED
7. WEIGHT AND QUALITY:
Weight, quality, condition and packing to be determined final and binding at loading of containers as per certificates issued by producer, producer´s appointed agent or first-class independent surveyor appointed and chosen by Manufacturer’s/Seller and at manufacturer’s/Seller´s expense. All at manufacturer’s/Seller´s option.
8. CONTAINER DEMURRAGE
As per standard free time for line demurrage charges at Destination applicable for the shipping line and port(s) under this Contract.
9. TERM AND TERMINATION.
Earlier termination can be executed by either party on at least 30 Days prior notice.
This Agreement shall be construed and enforced according to the laws of the Pakistan and any dispute under this Agreement must be brought in this venue and no other.
11. HEADINGS IN THIS AGREEMENT
The headings in this Agreement are for convenience only, confirm no rights or obligations in either party, and do not alter any terms of this Agreement.