Any orders not confirmed or rejected within the said seven (7) business day period shall be deemed to have been accepted.ĥ.1. Company shall, within seven (7) business days of receipt of the Purchase Order from Reseller, communicate in writing (email being an acceptable form of writing) its acceptance or rejection of the said Purchase Order. (e) delivery date, a date after Company receives the Purchase Order upon which the order is to be delivered (“Specified Delivery Date”).Ĥ.2. (a) each item of Product ordered by model or part number, Purchase Orders shall contain the following: All orders for the Products submitted by Reseller shall be in writing and sent to Company at the address set forth above or as Company otherwise specifies (“Purchase Orders”). Taxes related to Product, Documentation and support services purchased, licensed or provided pursuant to this Agreement shall be paid by Reseller or Reseller shall present an exemption certificate acceptable to the taxing authorities.Ĥ.1. Reseller shall bear and be responsible for the payment of all taxes in the Territory associated with the purchase of any Product (other than taxes based on Company’ net income) fees, duties or other amounts, however designated, including value added and withholding taxes which are levied or based upon such charges, or upon this Agreement. Payment shall be made in via interbank transfer to Company’s account at a bank designated by Company.ģ.5. All orders payable hereunder shall be paid within fifteen (15) days of the date of invoice. Company may, upon thirty (30) days prior written notice to Reseller, change the discount for any or all Products not yet ordered.ģ.4. Reseller will determine its own resale prices to End Users so long as those prices are in excess of the suggested retail price set by Company.ģ.3. The price payable by Reseller for each Product shall be the applicable suggested list price of such Product, less the discount for such Product, at the time of order.ģ.2. Each such request will be evaluated on a base by case basis.ģ.1. Reseller shall not sell products on the internet or through Amazon unless specific written permission is provided by Company. Additional sales locations must be pre-approved by Company. Reseller’s authorization from Company to resell Company Products is limited to the Territory.
Company hereby authorizes and appoints Reseller and Reseller accepts the appointment, as a non-exclusive reseller to purchase Products from Company and to market, sell, or incorporate for resale Company Products to End Users in the Territory.Ģ.2. “Territory” means any geographical area within or outside the United States which shall be non-exclusive to Reseller.Ģ.1.
“Products” means more than Product (either several different types of Product or more than one of the same type of Product, or both).ġ.5. “End User” means any person or entity that purchases a Product or Products solely for its own internal use.ġ.4. “Documentation” means any user documentation, on any media, provided by Company for use with the product.ġ.2. All other capitalized terms are defined in the body of the Agreement.ġ.1. The following definitions apply to capitalized terms in this Agreement. NOW, THEREFORE, Company and Reseller hereby agree, for and in consideration of the mutual covenants in this Agreement and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, as follows:ġ. WHEREAS, Reseller wishes to be appointed a reseller of some or all of the Products and Company is willing to make such appointment on the terms contained herein WHEREAS, Company is the provider of certain products, including the Scorch Marker (“Products”) and
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