AUTHORIZATION AND SALES AGREEMENT
and Sales Agreement (the “Agreement”)
is entered into ____________________ (the “Effective
Date”), by and between ________________________, with an address of
_____________________________ (the “Seller”)
and Mazian Fashion LLC with an address of Ghala/Bousher PC: 133 P.O Box: 36 (the
party”), collectively “the Parties.”
Seller is the manufacturer/distributor of the following product(s):
party wishes to promote, trade and market the afore-mentioned product(s) in his
online store through website and mobile application.
THEREFORE, the Parties
agree as follows:
of Goods. Seller shall make available for sale and Authorized
party shall promote and trade the sellers goods manufactured or distributed by
2. Commission: Seller has agreed to provide commission of ------ on any sale transaction though the authorized party from purchased price.
3. Delivery.Authorized party shall arrange to collect the Goods from seller shop. The Goods shall be deemed delivered when Authorized party has accepted delivery after receipt at his storage facility and passed inspection.
4. Purchase Price & Payments. Seller has the right to sale his products at his preferred price. Seller will provide an invoice with purchase price minus the commission to Authorized party at the time of delivery. All invoices must be paid, in full, within thirty (30) days unless agreed otherwise.
of Goods & Rejection.Authorized party is entitled to
inspect the Goods upon delivery. If the Goods are unacceptable for any reason, Authorized
party must reject them at the time of delivery up to ten (10) business days from the date of delivery. If Authorized party has
not rejected the Goods within ten (10) business days from the date of delivery,
Authorized party shall have waived any right to reject that specific delivery
the event Authorized party rejects the Goods, Authorized party shall allow
Seller a reasonable time to cure the deficiency. A reasonable time period shall
be determined by industry standards for the particular Goods, as well as the
Seller and Authorized party.
6. Risk of Loss. Risk of loss will be on the Seller until the time when the Authorized party accepts delivery. Seller shall maintain any and all necessary insurance in order to insure the Goods against loss at Seller’s own expense.
7. Title. Title to the Goods will remain with the Seller until Authorized party accepts delivery.
8. Excuse for Delay or Failure to Perform. Seller will not be liable to Authorized party for any delay, non-delivery or default of this Agreement due to labor disputes, transportation shortage, delay or shortage of materials to produce the Goods, fires, accidents, Acts of God, or any other causes outside of Seller’s control. Seller shall notify Authorized party immediately upon realization that it will not be able to deliver the Goods as promised.
Agreement may be terminated at any time by either Party upon 30 days from
written notice to the other party. Authorized party will be responsible for
payment of all Goods delivered and accepted up to the date of termination.
of Warranties. THE GOODS ARE SOLD ‘AS IS’. SELLER
EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A
of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER
PARTY BE LIABILE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES
RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF
REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF
DELIVERY, WHICH ARE NOT RELATED TO OR THE DIRECT RESULT OF A PARTY’S NEGLIGENCE
In the event any provision of this Agreement is deemed invalid or
unenforceable, in whole or in part, that part shall be severed from the
remainder of the Agreement and all other provisions should continue in full
force and effect as valid and enforceable.
The failure by either party to exercise any right, power or privilege under the
terms of this Agreement will not be construed as a waiver of any subsequent or
further exercise of that right, power or privilege or the exercise of any other
right, power or privilege.
and Legal Fees. In the event of a dispute, Authorized
party ’s sole remedy for any and all losses or damages resulting from defective
Goods or from any other cause will be for the purchase price of the particular
Goods with respect to which losses or damages are claimed, plus any shipping
costs paid by Authorized party . In the event such dispute results in legal
action, the successful party will be entitled to its legal fees, including, but
not limited to its attorneys’ fees.
and Binding Agreement. This Agreement is legal and
binding between the Parties as stated above. This Agreement may be entered into
and is legal and binding both in the Saltant of Oman and throughout GCC. The
Parties each represent that they have the authority to enter into this
Law and Jurisdiction. The Parties agree that this
Agreement shall be governed by the State and/or Country in which both Parties
do business. In the event that the Parties do business in different States and/or
Countries, this Agreement shall be governed by Oman’s law.
Agreement. The Parties acknowledge and agree that this
Agreement represents the entire agreement between the Parties. In the event
that the Parties desire to change, add, or otherwise modify any terms, they
shall do so in writing to be signed by both parties.
The Parties agree to
the terms and conditions set forth above as demonstrated by their signatures as