Performance by Importer Clause Samples

Performance by Importer. Importer shall use its best efforts to make available the SERENIGY Products and shall sell SERENIGY Products only to Authorized Distributors or Distribution Centers in the Territory. Importer shall follow all requirements in the Importers’ Handbook regarding its staff and care of SERENIGY products. All SERENIGY products under the control of the Importer shall remain the property of SERENIGY or SERENIGY as the case may be, until payment has been made in full for such products by the Authorized Distributors or Distribution Centers, or a written release has been issued from SERENIGY to the Importer for delivery of goods. Wire transfer fees are the responsibility of the Importer. Such payments shall include cost of goods, any service fees, and pro-rata repayment of any loans which have been made for import prepaid duties or taxes, minus the agreed to fee for the importer and any retained taxes to be paid by the Importer. The Importer agrees to a fee as outlined in Appendix A per case of product sold to Authorized Distributors or Distribution Centers. Such fee shall be paid from the sales price of goods. Importer shall have the following responsibilities, unless informed otherwise in writing by SERENIGY: (1) Secure all licenses and/or registrations of SERENIGY products to be sold in the Territory; (2) Ensure that all SERENIGY products shipped into the Territory clear customs and are transported and stored safely in a warehouse controlled by Importer; (3) Distribute SERENIGY products to SERENIGY product purchasers based upon invoices provided by SERENIGY