Retail Agreement

Retailer Agreement RETAIL AGREEMENT A Retailer Agreement is an agreement between a company or business who is generally a wholesaler or manufacturer of products and a retailer of a particular product or services who sells those directly to the consumers. A binding retailer agreement determines the rights of a particular buyer who is a retailer and a seller who is supplying that retailer. It spells out specifics such as products to be represented in this agreement and whether the retailer has an exclusive or a non exclusive right to sell the seller‟s product. The price and quantity will be specified as well, along with the responsibility for taxes. Amongst other things, the details of what payment will be made, along with how and when it will be rendered will also be set forth in the retailer agreement. The issue of shipping will be addressed, as will any return policy. Other important issues that need address are how the retailer shall use the seller‟s corporate identifications, trademarks and what kind of restrictions are imposed; additionally, restrictive covenants of non disclosure of confidential information, non competition and non solicitation etc. are also important provisions of such an agreement 1 of 12 Retailer Agreement RETAILER AGREEMENT THIS RETAILER AGREEMENT (the “Agreement”), made and entered into this ____ day of _____________ 200_, by and between ________________________with an address at ____________________, hereinafter called "Company", and ___________________________with an address at __________________________________ , hereinafter called "Retailer", hereby agree as follows: 1. GRANT OF RIGHT. Company grants to Retailer and Retailer accepts from Company, the non-exclusive right to purchase and resell at retail the Company's range of products (collectively referred to as “Products”) at Retailer's stores (“Retail Centers”) all operating under the same name [add if name is different]. For the purpose of the Agreement, the Products to be purchased and resold by Retailer are set forth in the Appendix 1 of this Agreement. 2. TERM. (a) Initial Tenn. This Agreement shall begin on date of execution and shall remain in full force and effect for five (5) years. (b) This Agreement may be renewed for a period that may not exceed three (3) years or the term of the original contract, whichever period is longer. Renewals shall be conditional upon satisfactory performance evaluations by the Company. Any renewal or extension shall be in writing and executed by both parties and shall be subject to the same terms and conditions set forth in this Agreement. 3. TERMINATION. (a) This Agreement may be terminated by the Company or the Retailer prior to expiration and without cause by providing no less than forty-five (45) days prior written notice to the other party. (b) Company reserves the right to immediately terminate this Agreement if Retailer misrepresents product; doesn‟t make timely payments to Company; or is in violation of its obligations hereunder. Company will furnish written notice of termination to Retailer, and Retailer shall at prompt notice return all unsold products immediately upon termination. In the event of termination of this Agreement, Retailer will be required to immediately return to Company any software, equipment, unsold Product and merchandising material and will process any credits owed to Retailer, as appropriate, for the returned, unsold Products. If shipment is not received within fifteen (15) days of notification, Retailer agrees that Company will be authorized 2 of 12 Retailer Agreement to deem all unused Products to be sold to Retailer and invoice Retailer for all those unused Products. 4. DESCRIPTION OF GOODS; SALE AND DELIVERY. (a) Company shall sell, transfer, and deliver to Retailer the Products at the per unit cost shown and Retailer shall sell the product at the „Suggested Retail Price‟ as shown in the Appendix 2 unless otherwise agreed in writing by the par