GENERAL WHOLESALE AGREEMENT
This Wholesale Agreement (herein after, the “Agreement”), is made and entered into by and between Moko Organics (hereinafter “Wholesaler”) and Retailer. Retailer wishes to sell and promote the products offered by the Wholesaler in their place of business.
Wholesaler and Retailer Responsibilities: Retailer must maintain a current business license certificate (or State equivalent) on file and provide a copy, with Tax ID, to Wholesaler. Wholesaler will deliver inventory to the Retailer, as agreed. Wholesaler is not involved in the actual transaction between the Retailer and the Customer. Retailer will be responsible for providing exemplary customer service to all actual and potential customers, including taking reasonable measures to respond to all customer inquiries. Wholesaler is not the agent of either the Retailer or the Customer.
Storage of Products: Retailer agrees to store products in a cool environment below 76 degrees to ensure product stability.
Minimum Order Requirements: Wholesaler requires a minimum order quantity of the following products: COMFORTABLY NUMB: Initial order: (24) bottles with display, and subsequent orders of (12) bottles per order.
Representation of Products: Wholesaler retains all rights to all images of products provided to Retailer and retains the right to prohibit the use of any and all images provided, without prior written consent of Wholesaler. Retailer may not alter) e.g., crop, change background colors, add text) to provided photos other than to size appropriately for website and marketing materials. Retailer must describe the product in the appropriate category and may not represent the product in other categories or for other uses, without prior authorization from Wholesaler.
Web Commerce: No products or goods purchased from or produced by Wholesaler shall be resold by Retailer through any location other that Retailers URL or brick and mortar store including any online auctions (e.g, eBay) or online (e.g., Amazon) without the express, written authority of the Wholesaler. If Retailer resells via 3rd party, Wholesaler’s and Retailer’s relationship will be terminated.
Billing: At this time, the Wholesaler is not extending credit terms. All orders must be accompanied by credit card payment in full. If ordering online, accepted payment is Visa, Mastercard, Discover, American Express or PayPal; if paying upon delivery, above cards will be accepted to run through PAY PAL swiper at time of delivery. A check or money order is acceptable payment upon delivery.
Sales and Tax: Retailer agrees that it is the sole responsibility of Retailer to collect, report, and remit all taxes to the correct tax authority for all business transactions, sales, or revenue stemming from the sales of the Wholesaler’s products. Retailer agrees that Wholesaler is not obligated to determine whether a sales tax applies and is not responsible to collect, report, or remit any tax information arising from any transaction.
Shipping: Currently Wholesaler will ship via USPS Priority Mail within three to five (3-5) business days. In the event of circumstances beyond Wholesaler’s control which would prevent product from being shipped in the allotted time frame, Wholesaler will notify Retailer within 24-48 hours of order being placed of such delay. Order may be shipped via FedEx, UPS or 3rd class USPS mail in the event of circumstances beyond the Wholesalers control.
Errors, Returns and Warranties: Order errors and/or defects must be brought to Wholesalers attention with three (3) business days of receipt of shipment by Retailer. Retailer will not send a knowingly defective product to a customer. Wholesale sales are considered final with no returns, We strive to protect your reputation, and ours. If a customer finds an issue related to manufacturing defects during the first thirty (30) days after sale, we will work with you to find a resolution.
Retail Displays: Wholesaler will provide initial display free of charge to Retailer to display only the Wholesalers products. Said display shall not be used to display another product other than Wholesalers. Care will be used by Retailer to keep the display in the condition it was received. In the event of termination of business relationship between Retailer and Wholesaler, the display will be returned to the Wholesaler within thirty (30) days.
Responsibility: Wholesaler is in no way responsible or liable for the success of the Retailer’s website or store, the accuracy, or legality of its content and operation. Further, the Retailer has independently evaluated the desirability of participating in the Wholesaler's Wholesale Program and is not relying on any representation, guarantee or statement other than set forth in this agreement.
Right to Modify: Wholesaler retains the right to modify this agreement at any time. Changes will not be retroactive.
Signed and dated this ____________ day of _____________________, 20_______.