HerbiGold® wholesale agreement overview
This Agreement contains the complete terms and conditions that apply to you as a partner in HerbiGold’s Wholesale Program. The purpose of this Agreement is to allow you to re-sell HerbiGold products. Please note that throughout this Agreement, “we,” “us,” “our” and “HerbiGold” refer to HerbiGold Limited, and “you,” “your,” and “yours” refer to the wholesale customer.
You must be at least 18 (eighteen) years of age to be an affiliate and enter into this Agreement.
This contract is required to open a Wholesale account with HerbiGold Limited.
The signature on this form is legally binding according to UK laws. By completing this form you consent to our terms and conditions.
You should print this for your records.
This Agreement is made effective as of signing:
Between HerbiGold Limited (“Seller”) and you: (“Customer”)
MOQ – 5 units
In consideration of the mutual promises and upon the terms and conditions set forth below, the parties agree as follows:
1. Prices and Payment.
1.1 Prices. Merchandise prices and minimum order quantities of Merchandise are set forth on Schedule A (provided on request). Customer agrees to sell Merchandise at or above the Minimum Advertised Price (MAP) Seller may change wholesale prices upon no less than Notice of price change period five days prior notice to Customer.
1.2 Purchase Orders. Customer must agree to the MOQ per month and submit online orders for the merchandise, setting forth quantity and type. All orders are processed subject to availability.
1.3 Payment. Orders will be completed with our online ordering system.
Seller will withhold fulfilment of Customer’s purchase orders until all payments are received in full. Payment must be made by bank transfer, any other method that results in Seller incurring fees, Seller reserve the right to recharge those fees to the Customer and no order will be fulfilled until all payments have been made.
1.4 Refund or Buy-back. Within Refund Time Limit of the conclusion of the Term, Customer may return any unsold Merchandise item(s) in original condition to Seller for a full refund of the invoice price of such Merchandise item(s). Customer shall bear the cost of shipping, handling and insurance for Returned Merchandise.
2. Shipping. Customer will be responsible for all Merchandise shipping and handling expenses, including (if applicable), customs clearance, import/export fees, freight risks and insurance, and Customer may be required to act as the importer of record for international shipments. Customer must notify Seller of any claimed shipping error or damage within Time limit to notify of error or damage [five (5) days] of receipt of Merchandise. Customer’s failure to give such notice within that five-day period shall be deemed a waiver of Customer’s claim for incorrect or damaged shipments.
3. Returns. Within 14 days of Customer’s receipt of Merchandise, Customer may return (i) Merchandise that does not conform to Seller’s product specifications or (ii), Merchandise damaged or shipped incorrectly if notice of condition is given within Time limit to notify of error or damage [five (5) days] of receiving the merchandise. Returns will be credited to Customer’s account or replaced.
4. Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANDISE. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY SELLER. IN NO EVENT SHALL SELLER BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS OF CUSTOMER.
5.1 Buyer-Seller Relationship. The relationship created by this agreement is solely a buyer-seller relationship. This agreement does not make either party the employee, agent, or legal representative of the other for any purpose whatsoever.
5.2 Governing Law; Dispute Resolution. This agreement shall be governed by UK Law. Any dispute arising from this agreement shall first be addressed by the parties through informal dispute resolution procedures conducted in good faith.