Common use of Obligations of the Vendor Clause in Contracts

Obligations of the Vendor. a. The Vendor shall be responsible to bear the shipping expenses incurred while delivering the product(s) purchased by the customer on the platform. b. The Vendor shall be liable to bear costs and expenses relating to Product Warehousing Fixed Costs, shipping costs and all other Product related costs. c. The Vendor shall accept service requests from the customers of the Platform provided by the Company and shall ensure to provide the Services diligently. d. The Vendor hereby expressly agrees that it shall supply quality Services to the customers of the Platform and carry out its obligations in an effective, diligent and timely manner. e. The Vendor will be solely responsible for any damages, injury or ailments caused to the User as a result of using the Vendor’s Services. Additionally, the Vendor shall bear all responsibility towards the damages of any incurred on the Vendors Employees (if any), assigns or any of the property that shall be used by the Vendor. f. The Vendor shall strictly adhere not to solicit or circumvent any customers through the Platform on the execution of this Agreement, if the Vendor so shall undertake to do so, this Agreement shall deem to be terminated without any refund or reimbursement to the Vendor. g. Vendor shall ensure to adhere to the Privacy Policy available on the Platform and shall in no manner directly or indirectly disclose any information that the Vendor shall be aware of or shall be exposed to during the term of this Agreement. h. If the service provided by the Vendor is deficient then the Vendor is responsible for all additional expenses including but not limited to legal expenses towards such deficiency of Services. i. The Vendor must always assist the customers who are in need of their Services. j. The Vendor may promote the Services of the Company through any promotional activity they seem fit. k. The Vendors are not allowed to undertake any Services or are permitted to provide any Services to the customers of the Platform that are banned or prohibited by the government. If the Vendor undertakes to provide such Services, this Agreement shall stand terminated and the Company shall be waived from any liability of such Services. l. The Vendor shall adhere to the terms, conditions and obligations set out under the present Agreement and any other policies of the Company. m. The Vendor shall not in any manner directly or indirectly be entitled to raise anyadditional claim towards any profit or revenue generated by the Company beyond the scope of payment terms hereunder in any given period during the term of this Agreement or post termination of this Agreement.

Appears in 2 contracts

Samples: Vendor Agreement, Vendor Agreement

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Obligations of the Vendor. a. The Vendor shall: 7.1. Vendor shall upload the Product listings for the sale of the Products in the appropriate category, through the Seller Panel. You shall also be required to provide all details relevant to the sale / purchase of the Products, including the Selling Price, offer price, an informative description of each Product (including but not limited to the time, quantity, benefit, length, breadth, and height of the Product) and its contents, by way of text descriptions, graphics, or pictures or videos. These Product listings and details shall be displayed on the Website, along with the Selling Price. 7.2. Vendor shall ensure not to upload any description/image/text/graphic that is unlawful, illegal, objectionable, obscene, vulgar, opposed to public policy, prohibited or is in violation of intellectual property rights including but not limited to Trademark and copyright of any third party. Vendor shall ensure to upload the product description and image only for the product which is offered for sale through the website and for which the said website is created. 7.3. Vendor shall provide full, correct, accurate and true description of the product so as to enable the customers to make an informed decision. The Product description shall not be misleading and shall describe the actual condition of the Product. If the sold Product does not match the Product description displayed on the Website, You agree to refund any amounts that You may have received from the Customer. 7.4. Vendor shall be solely responsible for the quality, quantity, merchantability, guarantees, warranties in respect of the products offered for sale through website. 7.5. You shall be responsible for ensuring that the Seller Panel is updated and reflects the real-time availability / non-availability of the Products listed on the Website. Everglamm shall not be responsible for claims made by Customer for inaccurate Product availability details that are displayed on the Website due to any negligence / default on the part of You to provide updated and accurate Product information. You shall be required to retain an adequate inventory of the Products listed on the Website, for successful fulfillment of orders. 7.6. You shall not attempt to sell any products which are illegal as per any law on this Website. Everglamm shall be entitled to block all such products and shall also have the right to suspend or terminate the Seller‟s access to the Seller Panel and the Website or terminate this Agreement forthwith. 7.7. You shall ensure that the purchased Product is dispatched to the Customer, within specified time period which prescribe to the customer, along with all the required information. You shall also issue a corresponding Invoice in the name of the Customer, which Invoice shall be sent/given to the customer at the time of delivery. You shall be responsible to bear update the shipping expenses incurred while delivering Seller Panel to reflect this development. 7.8. You shall maintain records of all the product(s) Products purchased by the Customer through the Website, all returns, refunds, etc., as may be required for audit and regulatory purposes and for the Website’s customer on the platformservice purposes. b. 7.9. You shall be solely responsible and liable for any complaints and queries of Customer with respect to the Products, delayed delivery or non-delivery of the Products purchased or any complaints with respect to the quality or quantity of the Products delivered. 7.10. You shall be solely responsible for making any representations or warranties with respect to the quality of the Product to the Customer, including all relevant Product warranties. 7.11. At all times have access to the Internet and its email account to check the status of approved orders, 7.12. In the event the products are not accepted by the Customer due to any wrong / damaged products dispatched, then the same shall be replaced by the Vendor at no extra cost to the aggrieved customer. Since the Everglamm is a Facilitator, the Vendor hereby authorizes the Everglamm to entertain all claims of return of the Product in the mutual interest of the Vendor as well as the Customer. 7.13. Update the Order Status including tracking details on a daily basis, 7.14. The Vendor shall not send/give any of its promotional or any other information with the Products ordered by the customer and also shall ensure that no material or literature is sent which may be liable detrimental to bear costs and expenses relating to Product Warehousing Fixed Costs, shipping costs and all other Product related costs.the business/commercial interests of the Everglamm, c. 7.15. The Vendor shall accept service requests from dispatch/ delivered the customers Products of same description, quality and quantity and price as are described and displayed on the Platform provided by website and for which the Company Customer has placed the order. 7.16. Vendor shall raise invoices in the name of Customer. Vendor further undertakes and agrees to raise the invoice of an amount equivalent to the amount displayed on the website to the customer and paid by/charged to the customer. 7.17. The Vendor shall ensure to provide that they own all the Services diligentlylegal rights in the Products that are offered for sale on the website. d. The 7.18. Vendor hereby expressly agrees that it shall supply quality Services to the customers of the Platform and carry out its obligations in an effective, diligent and timely manner. e. The Vendor will be solely responsible for any damages, injury or ailments caused dispute that may be raised by the customer relating to the User as a result of using the Vendor’s Services. Additionallygoods, the Vendor shall bear all responsibility towards the damages of any incurred on the Vendors Employees (if any), assigns or any of the property that shall be used merchandise and services provided by the Vendor. f. 7.19. The Vendor shall strictly adhere not to solicit or circumvent any customers through at all times during the Platform on the execution pendency of this Agreement, if agreement endeavor to protect and promote the Vendor so shall undertake to do so, this Agreement shall deem to be terminated without any refund or reimbursement to interests of the VendorEverglamm and ensure that third parties rights including intellectual property rights are not infringed. g. 7.20. The Vendor shall ensure to adhere to the Privacy Policy available on the Platform and shall in no manner directly or indirectly disclose any information that the Vendor shall at all times be aware of or shall be exposed to during the term of this Agreement. h. If the service provided by the Vendor is deficient then the Vendor is responsible for compliance of all additional expenses applicable laws and regulations including but not limited to legal expenses towards such deficiency Intellectual Property Rights, GST, Standards of ServicesWeights & Measures legislation, Sale of Goods Act, Excise and Import duties, Drugs and Cosmetics Act, Drugs and Remedial Magic Act, Code of Advertising Ethics, etc. i. The Vendor must always assist the customers who are in need of their Services. j. The Vendor may promote the Services of the Company through any promotional activity they seem fit. k. The Vendors are not allowed to undertake any Services or are permitted to provide any Services to the customers of the Platform that are banned or prohibited by the government7.21. If the Vendor undertakes to provide such Services, this Agreement shall stand terminated and the Company shall be waived from any liability of such Services. l. The Vendor shall adhere at all times give its first priority and best experience to the terms, conditions and obligations set out under the present Agreement and any other policies of the Companycustomers booking through website. m. The Vendor shall not in any manner directly or indirectly be entitled to raise anyadditional claim towards any profit or revenue generated by the Company beyond the scope of payment terms hereunder in any given period during the term of this Agreement or post termination of this Agreement.

Appears in 2 contracts

Samples: Vendor Agreement, Vendor Agreement

Obligations of the Vendor. a. The Vendor shall be responsible to bear the shipping expenses incurred while delivering the product(s) purchased by the customer on the platform. b. The Vendor shall be liable to bear costs and expenses relating to Product Warehousing Fixed Costs, shipping costs and all other Product related costs. c. b. The Vendor shall accept service requests from the customers of the Platform provided by the Company and shall ensure to provide the Services diligently. d. c. The Vendor hereby expressly agrees that it shall supply quality Services to the customers of the Platform and carry out its obligations in an effective, diligent and timely manner. e. d. The Vendor will be solely responsible for any damages, injury or ailments caused to the User as a result of using the Vendor’s Services. Additionally, the Vendor shall bear all responsibility towards the damages of if any incurred on the Vendors Employees (if any), assigns or any of the property that shall be used by the Vendor. f. e. The Vendor shall strictly adhere not to solicit or circumvent any customers through the Platform on the execution of this Agreement, if the Vendor so shall undertake to do so, this Agreement shall deem to be terminated without any refund or reimbursement to the Vendor. g. f. Vendor shall ensure to adhere to the Privacy Policy available on the Platform and shall in no manner directly or indirectly disclose any information that the Vendor shall be aware of or shall be exposed to during the term of this Agreement. h. g. If the service provided by the Vendor is deficient then the Vendor is responsible for all additional expenses including but not limited to legal expenses towards such deficiency of Services. i. h. The Vendor must always assist the customers who are in need of their Services. j. i. The Vendor may promote the Services of the Company through any promotional activity they seem fit. k. j. The Vendors are not allowed to undertake any Services or are permitted to provide any Services to the customers of the Platform that are banned or prohibited by the government. If the Vendor undertakes to provide such Services, this Agreement shall stand terminated and the Company shall be waived from any liability of such Services. l. k. The Vendor shall adhere to the terms, conditions and obligations set out under the present Agreement and any other policies of the Company. m. l. The Vendor shall not in any manner directly or indirectly be entitled to raise anyadditional any additional claim towards any profit or revenue generated by the Company beyond the scope of payment terms hereunder in any given period during the term of this Agreement or post termination of this Agreement.

Appears in 1 contract

Samples: Vendor Agreement

Obligations of the Vendor. a. The Vendor shall be responsible to bear the shipping expenses incurred while delivering the product(s) purchased by the customer on the platform. b. The Vendor shall be liable to bear costs and expenses relating to Product Warehousing Fixed Costs, shipping costs and all other Product related costs. c. The Vendor shall accept service requests from the customers of the Platform provided by the Company and shall ensure to provide the Services diligently. d. The Vendor hereby expressly agrees that it shall supply quality Services to the customers of the Platform and carry out its obligations in an effective, diligent and timely manner. e. The Vendor will be solely responsible for any damages, injury or ailments caused to the User as a result of using the Vendor’s Services. Additionally, the Vendor shall bear all responsibility towards the damages of any incurred on the Vendors Employees (if any), assigns or any of the property that shall be used by the Vendor. f. The Vendor shall strictly adhere not to solicit or circumvent any customers through the Platform on the execution of this Agreement, if the Vendor so shall undertake to do so, this Agreement shall deem to be terminated without any refund or reimbursement to the Vendor. g. Vendor shall ensure to adhere to the Privacy Policy available on the Platform and shall in no manner directly or indirectly disclose any information that the Vendor shall be aware of or shall be exposed to during the term of this Agreement. h. If the service provided by the Vendor is deficient then the Vendor is responsible for all additional expenses including but not limited to legal expenses towards such deficiency of Services. i. The Vendor must always assist the customers who are in need of their Services. j. The Vendor may promote the Services of the Company through any promotional activity they seem fit. k. The Vendors are not allowed to undertake any Services or are permitted to provide any Services to the customers of the Platform that are banned or prohibited by the government. If the Vendor undertakes to provide such Services, this Agreement shall stand terminated and the Company shall be waived from any liability of such Services. l. The Vendor shall adhere to the terms, conditions and obligations set out under the present Agreement and any other policies of the Company. m. The Vendor shall not in any manner directly or indirectly be entitled to raise anyadditional any additional claim towards any profit or revenue generated by the Company beyond the scope of payment terms hereunder in any given period during the term of this Agreement or post termination of this Agreement.

Appears in 1 contract

Samples: Vendor Agreement

Obligations of the Vendor. a. 1. The Vendor shall be responsible to bear maintain a standard MRP (Maximum Retail Price) across the shipping expenses incurred while delivering the product(s) purchased by the customer Lulu And Sky website and on the platformtags physically affixed on the Product/s. The Vendor agrees and understands that any discrepancy or tampering with MRP on the website or the tags, packaging boxes, or on the Product itself is a punishable offence under the Legal Metrology (Packaged Commodity Rules) 2011 and that the Company shall take necessary actions under law in case it is observed or found that the Vendor has indulged in any such illegal activities. Further, the Vendor shall ensure the parity of Prices of Products displayed on the Website and physically reflected on the Product. In case the Company finds any mismatch with regard to the price, the Company shall be entitled to appropriate remedy including but not limited to equivalent compensation from the Vendor to be adjusted in the invoices of the Vendor and/or delisting any or all Products of the Vendor from the website. b. 2. The Vendor shall (either itself or through its Suppliers) be liable to bear costs responsible for all warranty and expenses after- sales services relating to Product Warehousing Fixed Costs, shipping costs the Products as per its standard product warranty and all other Product related costsmaintenance contracts and shall keep the Company fully indemnified in this regard. c. 3. Vendor shall ensure at all the times that the packing used for shipment of goods is procured via the Company’s designated Vendor (either, packaging paper or tear free bag). Vendor shall ensure that the goods are properly packed in the smallest possible size to avoid extra freight on volumetric basis. In case, it is found that the wrong packaging size is used or the packaging in inappropriate resulting in higher freight cost to the Company, the same will be debited to the Vendor. Further, the Vendor also undertakes that it shall not promote its product/s, services, offers etc. to the customer directly or indirectly and/or through email, sms or any other electronic or physical mode. 4. Vendor shall ensure that all Products bear a label or a tag of the brand name of the Vendor (along with clearly mentioning the product Code or Vendor Style Code), to ensure ease of recognition for processing Customer returns. In case of absence of labels/tags on the Product, the Vendor agrees that there shall be no guarantee of customer returns for the applicable Product within the timeframe defined in the Agreement. The Vendor shall accept service requests from understands that the customers aforementioned is essential to run the internal processes of the Platform provided by the Company and shall ensure not be entitled to provide refute/contest the Services diligentlysame. d. The Vendor hereby expressly agrees that it shall supply quality Services to the customers of the Platform and carry out its obligations in an effective, diligent and timely manner. e. The Vendor will be solely responsible for any damages, injury or ailments caused to the User as a result of using the Vendor’s Services5. Additionally, the Vendor shall bear For all responsibility towards the damages of any incurred on the Vendors Employees (if any), assigns or any of the property that shall be used Customer returns/ RTOs received by the Vendor, vendor has to confirm the same on the Vendor portal within 48 hours of receipt (excluding Sunday and other public holidays). If no action taken in 48 hours, it will be deemed accepted. f. The Vendor shall strictly adhere not to solicit or circumvent 6. If any customers through the Platform on the execution of this Agreementdiscrepancy (short, if damage etc.) is noticed by the Vendor so shall undertake to do soin the Customer returns/ RTO, this Agreement shall deem the same needs to be terminated without any refund informed to Company’s Operations team within 48 hours of receipt of products (excluding Sunday and other public holidays), for the Company to take appropriate action. If the discrepancy is not notified within 48 hours, the same will not be entertained at all. 7. Vendor has to ensure that the reconciliation with Company is done on periodic basis and no vendor queries will be entertained post 30 days from the date of delivery of products (forward or reimbursement return) and/or 30 days from the date the payment is processed/adjusted by the Company to the Vendor. g. Vendor shall ensure to adhere to the Privacy Policy available on the Platform and shall in no manner directly or indirectly disclose any information 8. The Company understand that the Vendor may want to indulge in the sales of its Products with other websites/online retailers. However, the following shall be aware of subject to and based upon the assurance to the Company with regard to competitive pricing, i.e if the Vendor provides a pricing and/or rebate terms to any other entity/e-retailer with respect to any Product sold on Lulu And Xxx.xxx which is more favorable (taking into account all credits, discounts, rebates, adjustments, bonuses, allowances or shall be exposed any other incentives offered) than the prices provided to Xxxx And Sky at any time during the term of this Vendor Agreement. h. If the service provided by , the Vendor is deficient then shall immediately adjust the pricing and/or rebate terms on such Products on Lulu And Xxx.xxx for each such Product or conform to the more favorable terms. The Company shall be entitled to suitable remedies under the Vendor is responsible for all additional expenses Agreement including but not limited to legal expenses towards such deficiency delisting of ServicesProducts, in case of failure to comply. In case, the Company is notified by a customer (within 14 days of purchasing the Product), that the price offered on Lulu And Sky website is higher than the price offered on any other website for the same Product of the Vendor, then the Company shall refund the differential amount to the Customer by way of Lulu And Sky credits or in the bank account on behalf of the Vendor and the same shall be adjusted in the next invoice of the Vendor. The Company’s assessment of the Customer’s claim in this regard shall be final and binding. i. 9. Vendor shall be responsible for any and all indirect taxes payable to any government authority with respect to the Product. Vendor shall provide the details of PAN and GST registration number along with rates applicable to their Products. The Company shall be free to share the details furnished by the Vendor under this Clause and other details of the Vendors including the sales data with the government authorities at any time as may be required under the applicable laws or even otherwise. Further, in the event of any change in the details furnished at any time, the Vendor shall provide the same to the Company within a period of 1 day from the date of such change. For any other tax that may be made applicable in the future or in retrospect, if required, the Company shall pay these taxes to the relevant government/respective authority or department/logistic partner and recover the same from the Vendors along with handling/ management charges. The Vendor must always assist hereby agrees to keep the customers who are Company harmless and indemnified in need this regard. The indemnity obligations of their Servicesthe Vendor contained herein shall survive the termination of the Vendor Agreement together with these Terms & Conditions. j. 10. The Vendor may promote hereby confirms and declares that it is not a Related Party under the Services meaning of the Company through Companies Act 2013 and any promotional activity they seem fit. k. The Vendors are not allowed rules thereto and undertakes to undertake any Services or are permitted to provide any Services disclose the same forthwith to the customers of Company in the Platform event it becomes a related party. The vendor further confirms and declares and undertakes that are banned or prohibited by it shall provide the governmentcompany the information about its group companies which have listed their Products on the Portal. If the value of the total sales of the Vendor undertakes to provide such Services(together with its group companies) effected through the Portal in any financial reporting period exceeds 25% of the value of the total sales effected by all vendors through the Portal, this Agreement shall stand terminated and the Company shall be waived from may terminate, or suspend for such period as it deems appropriate, the sale of any liability of such Servicesand all Products by the Vendor (and its group companies) on the Portal. l. 11. The Vendor shall adhere agrees and accepts to the termsbe bound by Xxxx And Xxx's Privacy Policy, conditions Terms of Use, Policies and obligations set out under the present Agreement Rules, and any other policies agreements, terms and conditions, terms of use, Vendor Portal notifications, official email communication etc., that are duly communicated in writing to the CompanyVendor or are displayed on the website and are updated from time to time, which are incorporated herein by way of reference. m. The Vendor shall not in any manner directly or indirectly be entitled to raise anyadditional claim towards any profit or revenue generated by the Company beyond the scope of payment terms hereunder in any given period during the term of this Agreement or post termination of this Agreement.

Appears in 1 contract

Samples: Vendor Agreement

Obligations of the Vendor. a. The Vendor shall: 4.1. Through the interface provided by the Company, on the creation of an account with Rejoiz Shopping website, shall upload the product description, images, disclaimer, delivery time lines, price and such other details for the products to be displayed and offered for sale through the said Rejoiz Shopping website. 4.2. Vendor shall ensure not to upload any description/image/text/graphic that is unlawful, illegal, objectionable, obscene, vulgar, opposed to public policy, prohibited or is in violation of intellectual property rights including but not limited to Trademark and copyright of any third party. Vendor shall ensure to upload the product description and image only for the product which is offered for sale through the Online Store and for which the said Online Store is created. 4.3. Vendor shall provide full, correct, accurate and true description of the product so as to enable the customers to make an informed decision. 4.4. Vendor shall be solely responsible for the quality, quantity, merchantability, guarantee, warranties in respect of the products offered for sale through Rejoiz Shopping website. 4.5. At all times have access to the Internet and its email account to check the status of approved orders, and respond lively and actively. 4.6. On receipt of the approved order, Vendor shall dispatch / deliver the products within a period not exceeding 48 hours or within the time as specified in the product description on Rejoiz Shopping website. 4.7. In respect of the orders for Products placed on Rejoiz Shopping website through the Online Store/panel, Vendor shall submit proof of dispatch to the satisfaction of Company within 48 hours of the request made by Company. 4.8. In the event the products are not accepted by the Customer due to any wrong / damaged products dispatched, then the same shall be replaced by the Vendor at no extra cost to the aggrieved customer. Since the Company is a Facilitator, the Vendor hereby authorizes the Company to entertain all claims of return of the Product in the mutual interest of the Vendor as well as the Customer. 4.9. Update the Order Status including Airway Xxxx Number on a daily basis. 4.10. The Vendor shall be responsible not bypass or circumvent the Company and solicit to bear work directly with customers/retailers/firms/buyers who are introduced to Vendor through Company or known through the shipping expenses incurred while delivering Rejoiz Shopping website. Also Vendor shall NOT send any of its promotional or any other information with the product(s) purchased Products ordered by the customer on and also shall ensure that no material or literature is sent which may be detrimental to the platform.business/commercial interests of the Company, b. 4.11. The Vendor shall be liable to bear costs dispatch the Products of same description, quality and expenses relating to Product Warehousing Fixed Costs, shipping costs quantity and all other Product related costsprice as are described and displayed on the Rejoiz Shopping website and for which the Customer has placed the order. c. 4.12. Vendor shall raise invoice in the name of Customer. Vendor further undertakes and agrees to raise the invoice of an amount equivalent to the amount displayed on the Rejoiz Shopping website to the customer and paid by/charged to the customer. 4.13. The Vendor shall accept service requests from not offer any Products for Sale on the customers of Rejoiz Shopping website, which are prohibited for sale, dangerous, against the Platform provided by public policy, banned, unlawful, illegal or prohibited under the Company and Indian laws. 4.14. The Vendor shall ensure to provide that they own all the Services diligentlylegal rights in the Products that are offered for sale on Rejoiz Shopping website. d. 4.15. The Vendor hereby expressly agrees that it shall supply quality Services pass on the legal title, rights and ownership in the Products sold to the customers of the Platform and carry out its obligations in an effective, diligent and timely mannerCustomer. e. The 4.16. Vendor will shall be solely responsible for any damages, injury or ailments caused dispute that may be raised by the customer relating to the User as a result of using the Vendor’s Services. Additionallygoods, the Vendor shall bear all responsibility towards the damages of any incurred on the Vendors Employees (if any), assigns or any of the property that shall be used merchandise and services provided by the Vendor. f. 4.17. The Vendor shall strictly adhere not to solicit or circumvent any customers through at all time during the Platform on the execution pendency of this Agreement, if agreement endeavor to protect and promote the Vendor so shall undertake to do so, this Agreement shall deem to be terminated without any refund or reimbursement to interests of the VendorCompany and ensure that third parties rights including intellectual property rights are not infringed. g. 4.18. The Vendor shall ensure to adhere to the Privacy Policy available on the Platform and shall in no manner directly or indirectly disclose any information that the Vendor shall at all times be aware of or shall be exposed to during the term of this Agreement. h. If the service provided by the Vendor is deficient then the Vendor is responsible for compliance of all additional expenses applicable laws and regulations including but not limited to legal expenses towards such deficiency Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Value added tax, Standards of ServicesWeights & Measures legislation, Sale of Goods Act, Excise and Import duties, Drugs and Cosmetics Act, Drugs and Remedial Magic Act, Code of Advertising Ethics, etc. i. The Vendor must always assist the customers who are in need of their Services. j. The Vendor may promote the Services of the Company through any promotional activity they seem fit. k. The Vendors are not allowed to undertake any Services or are permitted to provide any Services to the customers of the Platform that are banned or prohibited by the government. If the Vendor undertakes to provide such Services, this Agreement shall stand terminated and the Company shall be waived from any liability of such Services. l. The Vendor shall adhere to the terms, conditions and obligations set out under the present Agreement and any other policies of the Company. m. The Vendor shall not in any manner directly or indirectly be entitled to raise anyadditional claim towards any profit or revenue generated by the Company beyond the scope of payment terms hereunder in any given period during the term of this Agreement or post termination of this Agreement.

Appears in 1 contract

Samples: E Commerce Vendor Agreement

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Obligations of the Vendor. a. The Vendor shall: 4.1. Through the interface provided by the Trust on the creation of Online platform, upload the product description, images, disclaimer, delivery time lines, price and such other details for the products to be displayed and offered for sale through the said online store. 4.2. Vendor shall ensure not to upload any description/image/text/graphic that is unlawful, illegal, objectionable, obscene and vulgar, opposed to public policy, prohibited or is in violation of intellectual property rights including but not limited to Trademark and Copyright of any third party. Vendor shall ensure to upload the product description and image only for the product which is offered for sale through the Online Store and for which the said medium is created. 4.3. Vendor shall provide full, correct, accurate and true description of the product so as to enable the customers to make an informed decision. 4.4. Vendor shall be solely responsible for the quality, quantity, merchantability, guarantee, warranties in respect of the products offered for sale through their online store. 0.0. Xx all times have access to the Internet and its email account to check the status of approved orders. 4.6. In case of Made to Order Product, the Vendor is liable to provide the exact date of delivery with adding 5 working days to delivery or 5 days prior to date of delivery of Made to Order. 4.7. All Vendors have to keep their stocks up to date. Hereby, they are requested to conduct their stock management on regular basis, Vendors are solely responsible for their STOCK AVAILABILITY and its DISPATCH once he/she received an order against any AVAILABLE PRODUCT on our site. 4.8. On receipt of the approved order, Vendor shall dispatch / deliver the products within a period not exceeding 48 hours or within the time as specified in the product description on its online store. 4.9. In respect of the orders for Products placed through the Online Store, Vendor shall submit proof of dispatch to the satisfaction of Trust within forty-eight hours of the request made by Trust. 4.10. In the event the products are not accepted by the Customer due to any wrong / damaged products dispatched, then the same shall be replaced by the Vendor at no extra cost to the aggrieved customer. Since the Trust is a Facilitator, the Vendor hereby authorizes the Trust to entertain all claims of return of the Product in the mutual interest of the Vendor as well as the Customer. 4.11. Update the Order Status including way Xxxx Number on a daily basis. 4.12. The Vendor shall be responsible to bear not send any of its promotional or any other information with the shipping expenses incurred while delivering the product(s) purchased Products ordered by the customer on and also shall ensure that no material or literature is sent which may be detrimental to the platformbusiness/commercial interests of the Trust. b. 4.13. The Vendor shall be liable to bear costs dispatch the Products of same description, quality and expenses relating to Product Warehousing Fixed Costs, shipping costs quantity and all other Product related costsprice as are described and displayed on the Online Store and for which the Customer has placed the order. c. 4.14. Vendor shall raise invoice in the name of Customer. Vendor further undertakes and agrees to raise the invoice of an amount equivalent to the amount displayed on the online store to the customer and paid by/charged to the customer. 4.15. The Vendor shall accept service requests from not offer any Products for Sale on the customers of Online Store, which are prohibited for sale, dangerous, against the Platform provided by public policy, banned, unlawful and illegal or prohibited under the Company and Indian laws. 4.16. The Vendor shall ensure to provide that they own all the Services diligentlylegal rights in the Products that are offered for sale on the Online Store. d. 4.17. The Vendor hereby expressly agrees that it shall supply quality Services pass on the legal title, rights and ownership in the Products sold to the customers of the Platform and carry out its obligations in an effective, diligent and timely mannerCustomer. e. The 4.18. Vendor will shall be solely responsible for any damages, injury or ailments caused dispute that may be raised by the customer relating to the User as a result of using the Vendor’s Services. Additionallygoods, the Vendor shall bear all responsibility towards the damages of any incurred on the Vendors Employees (if any), assigns or any of the property that shall be used merchandise and services provided by the Vendor. f. 4.19. The Vendor shall strictly adhere not to solicit or circumvent any customers through at all time during the Platform on the execution pendency of this Agreement, if agreement endeavor to protect and promote the Vendor so shall undertake to do so, this Agreement shall deem to be terminated without any refund or reimbursement to interests of the VendorTrust and ensure that third parties rights including intellectual property rights are not infringed. g. 4.20. The Vendor shall ensure to adhere to the Privacy Policy available on the Platform and shall in no manner directly or indirectly disclose any information that the Vendor shall at all times be aware of or shall be exposed to during the term of this Agreement. h. If the service provided by the Vendor is deficient then the Vendor is responsible for compliance of all additional expenses applicable laws and regulations including but not limited to legal expenses towards such deficiency Intellectual Property Rights, Goods and Service tax, Value added tax, Standards of ServicesWeights & Measures legislation, Sale of Goods Act, Excise and Import duties, Drugs and Cosmetics Act, Drugs and Remedial Magic Act, Code of Advertising Ethics, etc. i. The Vendor must always assist the customers who are in need of their Services. j. The Vendor may promote the Services of the Company through any promotional activity they seem fit. k. The Vendors are not allowed to undertake any Services or are permitted to provide any Services to the customers of the Platform that are banned or prohibited by the government. If the Vendor undertakes to provide such Services, this Agreement shall stand terminated and the Company shall be waived from any liability of such Services. l. The Vendor shall adhere to the terms, conditions and obligations set out under the present Agreement and any other policies of the Company. m. The Vendor shall not in any manner directly or indirectly be entitled to raise anyadditional claim towards any profit or revenue generated by the Company beyond the scope of payment terms hereunder in any given period during the term of this Agreement or post termination of this Agreement.

Appears in 1 contract

Samples: Memorandum of Understanding (Mou)

Obligations of the Vendor. a. The Vendor shall be responsible to bear shall: 4.1. Through the shipping expenses incurred while delivering the product(s) purchased by the customer on the platform. b. The Vendor shall be liable to bear costs and expenses relating to Product Warehousing Fixed Costs, shipping costs and all other Product related costs. c. The Vendor shall accept service requests from the customers of the Platform interface provided by the Company on the creation on Online Store of Vendor, shall upload the product description, images, disclaimer, delivery time lines, price and such other details for the products to be displayed and offered for sale through the said online store. 4.2. Vendor shall ensure not to upload any description/image/text/graphic that is unlawful, illegal, objectionable, obscene, vulgar, opposed to public policy, prohibited or is in violation of intellectual property rights including but not limited to Trademark and copyright of any third party. Vendor shall ensure to provide upload the Services diligentlyproduct description and image only for the product which is offered for sale through the Online Store and for which the said Online Store is created. d. 4.3. Vendor shall provide full, correct, accurate and true description of the product so as to enable the customers to make an informed decision. 4.4. Vendor shall be solely responsible for the quality, quantity, merchantability, guarantee, warranties in respect of the products offered for sale through their online store. 4.5. At all times have access to the Internet and its email account to check the status of approved orders, 4.6. On receipt of the approved order, Vendor shall dispatch / deliver the products within a period not exceeding 48 hours or within the time as specified in the product description on its online store. 4.7. In respect of the orders for Products placed through the Online Store, Vendor shall submit proof of dispatch to the satisfaction of Company within 48 hours of the request made by Company. 4.8. In the event the products are not accepted by the Customer due to any wrong / damaged products dispatched, then the same shall be replaced by the Vendor at no extra cost to the aggrieved customer. Since the Company is a Facilitator, the Vendor hereby authorizes the Company to entertain all claims of return of the Product in the mutual interest of the Vendor as well as the Customer. 4.9. Update the Order Status including Airway Xxxx Number on a daily basis, 4.10. The Vendor hereby expressly agrees shall not send any of its promotional or any other information with the Products ordered by the customer and also shall ensure that it shall supply quality Services no material or literature is sent which may be detrimental to the customers business/commercial interests of the Platform Company, 4.11. The Vendor shall dispatch the Products of same description, quality and carry out its obligations in an effective, diligent quantity and timely mannerprice as are described and displayed on the Online Store and for which the Customer has placed the order. e. 4.12. Vendor shall raise invoice in the name of Customer. Vendor further undertakes and agrees to raise the invoice of an amount equivalent to the amount displayed on the online store to the customer and paid by/charged to the customer. 4.13. The Vendor will shall not offer any Products for Sale on the Online Store, which are prohibited for sale, dangerous, against the public policy, banned, unlawful, illegal or prohibited under the Indian laws. 4.14. The Vendor shall ensure that they own all the legal rights in the Products that are offered for sale on the Online Store. 4.15. The Vendor shall pass on the legal title, rights and ownership in the Products sold to the Customer. 4.16. Vendor shall be solely responsible for any damages, injury or ailments caused dispute that may be raised by the customer relating to the User as a result of using the Vendor’s Services. Additionallygoods, the Vendor shall bear all responsibility towards the damages of any incurred on the Vendors Employees (if any), assigns or any of the property that shall be used merchandise and services provided by the Vendor. f. 4.17. The Vendor shall strictly adhere not to solicit or circumvent any customers through at all time during the Platform on the execution pendency of this Agreement, if agreement endeavor to protect and promote the Vendor so shall undertake to do so, this Agreement shall deem to be terminated without any refund or reimbursement to interests of the VendorCompany and ensure that third parties rights including intellectual property rights are not infringed. g. 4.18. The Vendor shall ensure to adhere to the Privacy Policy available on the Platform and shall in no manner directly or indirectly disclose any information that the Vendor shall at all times be aware of or shall be exposed to during the term of this Agreement. h. If the service provided by the Vendor is deficient then the Vendor is responsible for compliance of all additional expenses applicable laws and regulations including but not limited to legal expenses towards such deficiency Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Value added tax, Standards of ServicesWeights & Measures legislation, Sale of Goods Act, Excise and Import duties, Drugs and Cosmetics Act, Drugs and Remedial Magic Act, Code of Advertising Ethics, etc. i. The Vendor must always assist the customers who are in need of their Services. j. The Vendor may promote the Services of the Company through any promotional activity they seem fit. k. The Vendors are not allowed to undertake any Services or are permitted to provide any Services to the customers of the Platform that are banned or prohibited by the government. If the Vendor undertakes to provide such Services, this Agreement shall stand terminated and the Company shall be waived from any liability of such Services. l. The Vendor shall adhere to the terms, conditions and obligations set out under the present Agreement and any other policies of the Company. m. The Vendor shall not in any manner directly or indirectly be entitled to raise anyadditional claim towards any profit or revenue generated by the Company beyond the scope of payment terms hereunder in any given period during the term of this Agreement or post termination of this Agreement.

Appears in 1 contract

Samples: E Commerce Vendor Agreement

Obligations of the Vendor. a. The Vendor shall be responsible to bear shall: 4.1. Through the shipping expenses incurred while delivering the product(s) purchased by the customer on the platform. b. The Vendor shall be liable to bear costs and expenses relating to Product Warehousing Fixed Costs, shipping costs and all other Product related costs. c. The Vendor shall accept service requests from the customers of the Platform interface provided by the Company on the creation on Online Store of Vendor, shall upload the product description, images, disclaimer, delivery time lines, price and such other details for the products to be displayed and offered for sale through the said online store. 4.2. Vendor shall ensure not to upload any description/image/text/graphic that is unlawful, illegal, objectionable, obscene, vulgar, opposed to public policy, prohibited or is in violation of intellectual property rights including but not limited to Trademark and copyright of any third party. Vendor shall ensure to provide upload the Services diligentlyproduct description and image only for the product which is offered for sale through the Online Store and for which the said Online Store is created. d. 4.3. Vendor shall provide full, correct, accurate and true description of the product so as to enable the customers to make an informed decision. 4.4. Vendor shall be solely responsible for the quality, quantity, merchantability, guarantee, warranties in respect of the products offered for sale through their online store. 4.5. At all times have access to the Internet and its email account to check the status of approved orders, 4.6. On receipt of the approved order, Vendor shall dispatch / deliver the products within a period not exceeding hours or within the time as specified in the product description on its online store. 4.7. In respect of the orders for Products placed through the Online Store, Vendor shall submit proof of dispatch to the satisfaction of Company within hours of the request made by Company. 4.8. In the event the products are not accepted by the Customer due to any wrong / damaged products dispatched, then the same shall be replaced by the Vendor at no extra cost to the aggrieved customer. Since the Company is a Facilitator, the Vendor hereby authorizes the Company to entertain all claims of return of the Product in the mutual interest of the Vendor as well as the Customer. 4.9. Update the Order Status including Airway Xxxx Number on a basis, 4.10. The Vendor hereby expressly agrees shall not send any of its promotional or any other information with the Products ordered by the customer and also shall ensure that it shall supply quality Services no material or literature is sent which may be detrimental to the customers business/commercial interests of the Platform Company, 4.11. The Vendor shall dispatch the Products of same description, quality and carry out its obligations in an effective, diligent quantity and timely mannerprice as are described and displayed on the Online Store and for which the Customer has placed the order. e. 4.12. Vendor shall raise invoice in the name of Customer. Vendor further undertakes and agrees to raise the invoice of an amount equivalent to the amount displayed on the online store to the customer and paid by/charged to the customer. 4.13. The Vendor will shall not offer any Products for Sale on the Online Store, which are prohibited for sale, dangerous, against the public policy, banned, unlawful, illegal or prohibited under the Indian laws. 4.14. The Vendor shall ensure that they own all the legal rights in the Products that are offered for sale on the Online Store. 4.15. The Vendor shall pass on the legal title, rights and ownership in the Products sold to the Customer. 4.16. Vendor shall be solely responsible for any damages, injury or ailments caused dispute that may be raised by the customer relating to the User as a result of using the Vendor’s Services. Additionallygoods, the Vendor shall bear all responsibility towards the damages of any incurred on the Vendors Employees (if any), assigns or any of the property that shall be used merchandise and services provided by the Vendor. f. 4.17. The Vendor shall strictly adhere not to solicit or circumvent any customers through at all time during the Platform on the execution pendency of this Agreement, if agreement endeavor to protect and promote the Vendor so shall undertake to do so, this Agreement shall deem to be terminated without any refund or reimbursement to interests of the VendorCompany and ensure that third parties rights including intellectual property rights are not infringed. g. 4.18. The Vendor shall ensure to adhere to the Privacy Policy available on the Platform and shall in no manner directly or indirectly disclose any information that the Vendor shall at all times be aware of or shall be exposed to during the term of this Agreement. h. If the service provided by the Vendor is deficient then the Vendor is responsible for compliance of all additional expenses applicable laws and regulations including but not limited to legal expenses towards such deficiency Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Value added tax, Standards of ServicesWeights & Measures legislation, Sale of Goods Act, Excise and Import duties, Drugs and Cosmetics Act, Drugs and Remedial Magic Act, Code of Advertising Ethics, etc. i. The Vendor must always assist the customers who are in need of their Services. j. The Vendor may promote the Services of the Company through any promotional activity they seem fit. k. The Vendors are not allowed to undertake any Services or are permitted to provide any Services to the customers of the Platform that are banned or prohibited by the government. If the Vendor undertakes to provide such Services, this Agreement shall stand terminated and the Company shall be waived from any liability of such Services. l. The Vendor shall adhere to the terms, conditions and obligations set out under the present Agreement and any other policies of the Company. m. The Vendor shall not in any manner directly or indirectly be entitled to raise anyadditional claim towards any profit or revenue generated by the Company beyond the scope of payment terms hereunder in any given period during the term of this Agreement or post termination of this Agreement.

Appears in 1 contract

Samples: Seller Agreement

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