REPRESENTATIVE'S AGREEMENT

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REPRESENTATIVE'S AGREEMENT Powered By Docstoc
					                            AVON PRODUCTS PTY. LIMITED
Part No. 05081        A.C.N. 008 428 457 2004/AUST J.O. 2656




                 R E P R E S E N TAT I V E ' S
                      AGREEMENT
                                  AVON PRODUCTS PTY LIMITED
        This Agreement is made the _________________________________________________ day of ________________________________ 2 ________ between


    AVON PRODUCTS PTY. LIMITED (the Company) and ___________________________________________________________________ (the Avon Representative).

The Avon Representative has entered into business on his or her own behalf as an independent reseller of      (c) The Avon Representative is an independent contractor and is not engaged as an employee of the
products produced or supplied by or through the Company (the Products) and the Company is willing to          Company nor under a contract wholly or partly for his or her labour. The Avon Representative is not
supply Products to the Avon Representative on the terms set out below.                                        excluded from engaging in any other work, whether part or full time, and whether a contract for services
                                                                                                              or a contract of service. The Avon Representative has no power or authority to incur any debt, obligation or
1. The Company agrees:                                                                                        liability on behalf of the Company except to the extent earlier set out in this contract on the sale of the
(a) To supply to the Avon Representative Products ordered by the Avon Representative (subject to              Products.
availability) for sale to customers. The Company reserves the right to withhold supply of products where      (d) The Avon Representative is authorised upon the sale of any Product to give on behalf of the Company
the account of the Avon Representative is in arrears.                                                         to any customer the benefit of the Avon guarantee in the form in which such guarantee shall apply in each
(b) To provide advertising, promotional services, training instruction and guidance to the Avon               case for a reasonable time and for reasonable circumstances and is not extended to:
Representative in connection with the selling of the Products.                                                (i) Products which have been substantially used;
(c) To supply and/or sell sales aids to the Avon Representative.                                              (ii) Containers that have been broken or damaged through accident or misuse;
(d) If the Avon Representative returns products in accordance with the terms of the Avon guarantee, the       (iii) Jewellery that has become worn through use;
Company will make a credit adjustment to the Avon Representative’s account or refund direct to the Avon       (iv) Pierced earrings that have had the seal on their polybag broken;
Representative. The Company reserves the right to require that such Products are returned to the              (v) Very old Products;
Company by the Avon Representative.                                                                           (vi) Large scale excessive returns;
                                                                                                              (vii) Sales aids.
2. The Avon Representative agrees:                                                                            (e) From time to time promotional goods or rewards will be supplied pursuant to
(a) To pay the Company promptly for the invoiced amount of all Products ordered by the Avon                   a composite sale provided the Representative achieves agreed sales targets as stipulated by Avon.
Representative and supplied by the Company:                                                                   (f) The Avon Representative may delegate his or her rights and obligations under this Agreement to other
(i) by the due date of the next Campaign Order for the prices of all Products supplied to him or her in the   persons, including but not limited to the right to incorporate, form a partnership, or hire or sub-contract
    previous Campaign; or                                                                                     with other persons for taking of orders for the Products and/or delivery of the Products to customers.
(ii) in the specified manner for the prices of all Products supplied to them at any Avon Fixed Access         (g) The Avon Representative will not establish an Avon related website or otherwise advertise over the
     location.                                                                                                Internet. This includes, but is not limited to, the selling of products on trading sites such as e-bay.
(b) To pay to the Company all charges for materials and services supplied to the Avon Representatives at      (h) The Avon Representative will not advertise in his or her own right without the permission of Avon.
the rates or amounts charged by the Company.                                                                  (i) Avon may assign to an Avon Representative one or more territories in which he/she can sell to
(c) That the Company may disclose to its collection agencies, personal information of the Avon                potential customers. While Avon will not assign the same territory to more than one Avon
Representative for the purpose of recovering outstanding amounts due to the Company in the event the          Representative, the territory assigned may contain customers who choose to buy from other Avon
Avon Representative’s account is in default.                                                                  Representatives. After discussion with the Avon Representative, there may be circumstances in the
(d) That the Company or its collection agencies may disclose to a credit reporting agency the Avon            future where Avon may wish to reassign the territory.
Representative’s personal information including: the Avon Representative’s identification; payments           (j) Avon may levy a reasonable late payment charge. A reasonable charge may also be made by Avon
which become more than 60 days overdue and advise accordingly that payments are no longer                     where additional costs are incurred by Avon in respect of dishonoured cheques received by Avon from the
overdue.                                                                                                      Avon Representative as payment for Products ordered.
(e) The Avon Representative may not make any statement or engage in any conduct which may:                    (k) This Agreement constitutes the entire agreement between the parties and it is acknowledged that
        • mislead or deceive customers as to the nature or likely effects of any Products; or                 “Let’s Talk” and “Training for Success” Guide are suggested business methods for Avon Representatives.
        • otherwise damage or diminish the Company’s reputation.                                              However, there is no obligation on the Avon Representative to adopt or comply with those suggestions.
(f) Without prior express written permission from the Company, the Avon Representative shall not offer        (l) This Agreement is not subject to change except in writing signed by an authorised officer of the
for sale the Products at retail outlets, markets, garage sales or any similar place of business, or supply    Company and supersedes any agreement previously made between the Avon Representative and the
to any person or persons who they know or suspect may then on-sell the Products at such places of             Company.
business. Such unauthorized sale of the Products shall result in termination of the Representative            (m) The Avon Representative may terminate this Agreement at any time.
Agreement.                                                                                                    (n) If the Avon Representative does anything, which is contrary to the Company’s best interest, the
                                                                                                              Company may terminate this Agreement by notice to the Representative at his/her address last known to
3. The Company and the Avon Representative mutually agree:                                                    the Company.
(a) The Avon Representative is authorized to make offers for sale of Products to customers and to promote
and extend sales of the Products in all cases by calling on customers at places other than places of
business where goods of that kind are normally offered or displayed for retail sale and to deliver Products
supplied by the Company promptly to customers. All costs and expenses incurred by the Avon
Representative shall be borne by him or her.                                                                  ____________________________________________________
(b) That the Avon Representative may sell Products at prices nominated by the Company in campaign             For and on behalf of Avon Products Pty Limited                                           1/12/2004
brochures and other catalogues or at a lower price if the Avon Representative wishes. The Avon
Representative is entitled to retain all profits upon the sale of Products after payment to the Company for
the purchase of such Products. Prices of the Product appearing in campaign brochures and price lists
supplied by the Company are recommended maximum prices only and there is no obligation on the part of
the Avon Representative to comply with the recommendation.                                                    ____________________________________________________
                                                                                                              (Avon Representative)

				
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