Exclusive & Non - Exclusive Distributors Agreements
Exclusive Distributors Agreement
Thank you for becoming a Distributor of Seb'shah Garments and Footwear (Pty) Ltd
This Exclusive Distributorship Agreement is made and effective between Seb’Shah Garments and Footwear Pty (Ltd) (Company) and__________________________________________(Distributor) when signed by both parties.
The Distributor desires to accept appointment as an Exclusive Distributor of company’s products within a defined area as set forth herein. Therefore in consideration of the mutual agreements and promises set forth herein it is agreed:
1. Rights Granted
Company hereby grants to Distributor the Exclusive right on the terms and conditions set forth
herein, to purchase, promote and sell company’s products (as defined below) within the following
Area (the Territory) _____________________________________________________________
Nothing herein shall prevent or prohibit Company from selling any of the company’s products
directly to the customers and other Distributors in territories as defined as follows:
______________________________________________________________________________
2. Distributor
2.1 Distributors are responsible for collecting all their own customer information, billing
information and monies for any products sold to a customer.
2.2 Distributors are responsible for keeping products in stock by placing wholesale orders via
Seb’shah Garments and Footwear (Pty) Ltd
2.3 Distributors are responsible for delivery at their own cost.
2.4 Distributors are responsible for refunding any/all monies returned by customer if you offer a
refund policy. Customer returns should be to distributor and nor to company.
2.5 Distributors orders must be met at the minimum Distributors agreement or they pay the
regular retail price if minimum not met.
2.6 Distributors can set their own pricing levels to charge customers.
2.7 All distributors and Stockists of our products will be advertised free of charge on our website.
3. Relationship of parties
You and Seb’shah Garments and Footwear (Pty) Ltd are independent contractors and nothing in
this Agreement will create any partnership, joint venture, agency, franchise, sales representative or
employment relationship between the parties.
All sales of Company products to Distributor shall be made pursuant to this Agreement at such
prices on such terms as established by the company from time to time with at least thirty (30)
days written notice.
5. Payment
Payment of the purchase price is to be made by an initial non-refundable deposit of 50%
before production of the garment begins, or in the case of garments in stock before the delivery
of goods. Such deposit will become immediately due upon presentation of invoice by company.
The balance shall be due and payable upon delivery of the goods.
6. Marketing Policies
Distributor will at all times maintain adequate inventories of company’s products and will promote
vigorously and effectively the sale of company’s products through all channels of distribution
prevailing in the territory. Distributor will use its best efforts to sell company’s products to
reputable dealers providing satisfactory consumer service throughout Distributors primary
marketing area. Distributor is authorized to enter into written Agreements with its dealers relating
to the purchase of the products. The risk of collection from dealers, however, is the risk entirely
undertaken by the Distributor. The Distributor, may not, under any circumstances chargeback
Company for unpaid invoices by a dealer or dealers.
7. Limitation of liability
We will not be liable for indirect, incidental, special, consequential punitive or multiple damages,
including without limitation any damages resulting from loss of use, loss of business, loss of
revenue, loss of profits arising in connection with this Agreement. The foregoing limitation of
liability shall apply regardless of the cause of action under which such damages are sought.
8. Disclaimers
We make no express or implied warranties or representations with respect to the Wholesale/
Distributor Agreement or any product sold. In addition, we make no representation that the
operation of our website will be uninterrupted or error free and we will not be liable for the
consequences of any interruptions or errors.
9. Confidentiality
We may disclose to you certain information as a result of your participation as a Wholesaler/
Distributor, which information we consider to be confidential. Confidential information shall
also include any information that we designate as confidential during the term of this Agreement.
10. Representations and Warranties
You hereby represent and warrant to us that this Agreement has been duly and validly executed
and delivered by you and constitutes your legal, valid and binding obligation, (a) enforceable
against you in accordance with its terms, (b) that execution, delivery and performance by
you of this Agreement are within your legal capacity and power,(c) have been duly authorized
by all requisite action on your part, (d) require the approval or consent of no other person
(e) neither violate nor constitute a default under the {1} provision of any law, rule, regulation,
order, judgement or decree to which you are subject or which is binding upon you, {2} terms
of any other agreement, document or instruction applicable to you or binding upon you.
11. Term and Termination
The term of this Agreement shall be for one(1) year from the date of both parties signing. It will
be automatically renewed every one(1) year, unless terminated by either party. Either party may
cancel this Agreement at anytime, without cause, after thirty(30) days written notice, and for any
violation of this agreement after three(3) days written notice.
12. None Exclusivity
This Agreement does not give any Distributor any exclusivity to selling Seb’shah products.
Likewise Distributor may sell other products similar to Seb’shah and Seb’shah will sell to other Distributors.
I have read, understood and accept the terms of this Agreement as well as the terms laid out in the document General Terms and Conditions Of Sale-SGF 01
DISRIBUTOR:__________________________________________________________________
FULL NAME:___________________________________________________________________
TITLE:__________________________________
SIGNATURE:_____________________________
Dated on this_____day of_______________20__
SEB’SHAH GARMENTS AND FOOTWEAR (PTY) LTD
FULL NAME:_____________________________
TITLE:__________________________________
SIGNATURE:_____________________________
Dated on this_____day of_______________20___
WITNESS:________________________________
WITNESS:________________________________
Non-Exclusive Distributors Agreement
Thank you for becoming a Distributor of Seb'shah Garments and Footwear (Pty) Ltd
This Non-Exclusive Distributorship Agreement is made and effective between Seb’Shah Garments and Footwear Pty (Ltd) (Company) and__________________________________________(Distributor) when signed by both parties.
The Distributor desires to accept appointment as a Non- Exclusive Distributor of company’s products within a defined area as set forth herein. Therefore in consideration of the mutual agreements and promises set forth herein it is agreed:
1. Rights Granted
Company hereby grants to Distributor the Non-Exclusive right on the terms and conditions set forth
herein, to purchase, promote and sell company’s products (as defined below) within the following
Area (the Territory) _____________________________________________________________
Nothing herein shall prevent or prohibit Company from selling any of the company’s products
to other Distributors or directly to customers other than the ones listed as follows:
______________________________________________________________________________
2. Distributor
2.1 Distributors are responsible for collecting all their own customer information, billing
information and monies for any products sold to a customer.
2.2 Distributors are responsible for keeping products in stock by placing wholesale orders via
Seb’shah Garments and Footwear (Pty) Ltd
2.3 Distributors are responsible for delivery at their own cost.
2.4 Distributors are responsible for refunding any/all monies returned by customer if you offer a
refund policy. Customer returns should be to distributor and nor to company.
2.5 Distributors orders must be met at the minimum Distributors agreement or they pay the
regular retail price if minimum not met.
2.6 Distributors can set their own pricing levels to charge customers.
2.7 All distributors and Stockists of our products will be advertised free of charge on our website.
3. Relationship of parties
You and Seb’shah Garments and Footwear (Pty) Ltd are independent contractors and nothing in
this Agreement will create any partnership, joint venture, agency, franchise, sales representative or
employment relationship between the parties.
All sales of Company products to Distributor shall be made pursuant to this Agreement at such
prices on such terms as established by the company from time to time with at least thirty (30)
days written notice.
5. Payment
Payment of the purchase price is to be made by an initial non-refundable deposit of 50%
before production of the garment begins, or in the case of garments in stock before the delivery
of goods. Such deposit will become immediately due upon presentation of invoice by company.
The balance shall be due and payable upon delivery of the goods.
6. Marketing Policies
Distributor will at all times maintain adequate inventories of company’s products and will promote
vigorously and effectively the sale of company’s products through all channels of distribution
prevailing in the territory. Distributor will use its best efforts to sell company’s products to
reputable dealers providing satisfactory consumer service throughout Distributors primary
marketing area. Distributor is authorized to enter into written Agreements with its dealers relating
to the purchase of the products. The risk of collection from dealers, however, is the risk entirely
undertaken by the Distributor. The Distributor, may not, under any circumstances chargeback
Company for unpaid invoices by a dealer or dealers.
7. Limitation of liability
We will not be liable for indirect, incidental, special, consequential punitive or multiple damages,
including without limitation any damages resulting from loss of use, loss of business, loss of
revenue, loss of profits arising in connection with this Agreement. The foregoing limitation of
liability shall apply regardless of the cause of action under which such damages are sought.
8. Disclaimers
We make no express or implied warranties or representations with respect to the Wholesale/
Distributor Agreement or any product sold. In addition, we make no representation that the
operation of our website will be uninterrupted or error free and we will not be liable for the
consequences of any interruptions or errors.
9. Confidentiality
We may disclose to you certain information as a result of your participation as a Wholesaler/
Distributor, which information we consider to be confidential. Confidential information shall
also include any information that we designate as confidential during the term of this Agreement.
10. Representations and Warranties
You hereby represent and warrant to us that this Agreement has been duly and validly executed
and delivered by you and constitutes your legal, valid and binding obligation, (a) enforceable
against you in accordance with its terms, (b) that execution, delivery and performance by
you of this Agreement are within your legal capacity and power,(c) have been duly authorized
by all requisite action on your part, (d) require the approval or consent of no other person
(e) neither violate nor constitute a default under the {1} provision of any law, rule, regulation,
order, judgement or decree to which you are subject or which is binding upon you, {2} terms
of any other agreement, document or instruction applicable to you or binding upon you.
11. Term and Termination
The term of this Agreement shall be for one(1) year from the date of both parties signing. It will
be automatically renewed every one(1) year, unless terminated by either party. Either party may
cancel this Agreement at anytime, without cause, after thirty(30) days written notice, and for any
violation of this agreement after three(3) days written notice.
12. None Exclusivity
This Agreement does not give any Distributor any exclusivity to selling Seb’shah products.
Likewise Distributor may sell other products similar to Seb’shah and Seb’shah will sell to other Distributors.
I have read, understood and accept the terms of this Agreement as well as the terms laid out in the document General Terms and Conditions Of Sale-SGF 01
DISRIBUTOR:__________________________________________________________________
FULL NAME:___________________________________________________________________
TITLE:__________________________________
SIGNATURE:_____________________________
Dated on this_____day of_______________20__
SEB’SHAH GARMENTS AND FOOTWEAR (PTY) LTD
FULL NAME:_____________________________
TITLE:__________________________________
SIGNATURE:_____________________________
Dated on this_____day of_______________20___
WITNESS:________________________________
WITNESS:________________________________