TERMS OF AGREEMENT
Between
XYZ Private Limited (indus.fit)
And
Rangdesi
This following Agreement made at Delhi on this ………………...
BETWEEN Rangdesi who has its registered office at…………………………………………………………. hereinafter referred to as the “Associate” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns);
AND:
XYZ Private Limited (hereinafter referred to as “ The Company”) whose office is at 19-B, Chander Nagar (W), Street No. 2, Delhi -110051 and owns the e-commerce website “indus.fit”, the domain name registration and the website indus.fit, hereinafter referred to as the “E-Commerce Website” or “indus.fit”
AND WHEREAS, the parties agree to the following standard terms of business for Online
Retail of their products on http://indus.fit.
Products to be sold on the E-Commerce Website indus.fit:
The Associate is requested to showcase its entire merchandise on engrave.in. A minimum of 10 products per Associate is needed.
The Company has the right to refuse to display, or withdraw from the E-Commerce Website, any product for sale on the E-Commerce Website at any time during the Term.
The Parties agree that the Associate shall be free to sell the products via means other than the http://indus.fit also.
Product Information: The Associate shall provide product name, prices and details like size/dimensions, color, and material under product description, which the Company can upload on its e-Commerce Website http://indus.fit.
Product Images: The Associate shall provide good quality, high resolution images of its products for use by http://indus.fit, as required and specified by the Company
Product Pricing
The MRP for each product should be displayed on the website.
If the Associate revises prices, then it is requested to provide the new prices with suitable notice to the Company (minimum 10 days) before new prices become effective.
Damages and Returns
If the Associate directly dispatches to the customer or to the Company, damaged or poorly packaged goods that break in transit, or goods that do not meet the product description specified by the Associate, then both the cost of the damaged or incorrect product and the cost of shipping to and from the customer or to the Company shall be borne by the Associate.
If a customer returns a product due to any other reason, the shipping costs will be borne by the customer or by the Company
Services to be provided by The Company
As part and parcel of the Services, the Company shall carry out the following functions for and on behalf of the Associate in consideration of the Service Fee.
The Associate authorizes the Company, on behalf of the Associate, to provide customers / users of the E-Commerce Website, information and assistance in relation to the listed products and sales, including providing information in relation to status of the order placed by customers and operating a customer support desk for other inquiries in relation to products and orders, customer complaints etc.
The Associate authorizes the Company to place a description of the Associate and each of its products (including but not limited to the technical description of the products, the price of the product and any applicable warranty terms) on http://indus.fit.
The Company shall advertise / display, on behalf of the Associate, the products on http://indus.fit and their party websites as they see fit.
The E-Commerce Website will enable customers to place orders for the product(s) they wish to purchase on http://indus.fit. Upon receiving the electronic confirmation of the order by the customer, the same will be sent to the Associate.
On confirmation of the order by the customer in respect of any product, the Company shall be entitled to, collect directly or through its nominees or third party service providers, the relevant product(s) from the Associate for the purposes of packaging the same and delivering to the customer on behalf of the Associate.
Before arranging the delivery of the relevant products to the customer on behalf of the Associate, as a service provider, the Company reserves the right to check the quality of the relevant products.
In certain cases, the Company shall suggest that the associate ships directly to the customer, in which case, the Associate will be responsible for packaging.
For all orders, the Company shall collect the payments from the customers on behalf of the Associate as its service provider.
No risk or title to the products shall pass to the Company. The title and risks to the products shall be deemed to pass directly from the Associate to the customer upon delivery of the products to the customer and payment of the consideration for the products by the customer.
Payment Terms and Details
The Company shall generate and provide to the Associate monthly reports of the sale of its products under this Agreement, which reports shall contain details of the orders placed, the sale amounts invoiced, the amounts collected from the customers and any refunds given to the customers. It is hereby clarified that the Company shall not be required to provide any other information (including any Confidential Information or any information about the customers) to the Associate via such reports or otherwise and any such information shall be the proprietary information of the Company.
By the 7th Business Day of every month, the Company shall remit to the Associate’s designated bank account, the entire sale proceeds received by it from the Customers during the previous month. When the associate uses the company’s services for products,
It will be the Company’s responsibility to manage timely shipments of the products directly to the consumers.
The Associate is solely responsible for any direct and indirect taxes including the entire VAT/CST where applicable on the total MRP of the product. The Company acts solely as a service provider for the Associate.
Wherever applicable, the Company will remit the TDS amount to the Associate, which will have to be filed by the Associate on behalf of the Company.
Termination
The parties have agreed that they shall be entitled to revoke/determine/terminate the agreement by giving one month’s notice in writing or by fulfilling all current obligations on either side.
For XYZ Pvt Ltd.,
Signed by
- ----------------------------------------
(Signature)
Raj Sondhi,
CEO and Director
RangDesi Enterprises
Signed by
___________________________
(Signature)
,
Owner