Product Pricing and Payment. Subject to and in accordance with the terms and conditions hereof, OWNER agrees to sell to DISTRIBUTOR, and DISTRIBUTOR agrees to buy from OWNER, the Product at the prices set forth in Schedule “A” hereto. Prices of the Product are in U.S. dollars, F.O.B. OWNER’s warehouse in , Canada. All charges that may be incurred in connection with the delivery of the Product to DISTRIBUTOR, including, without limitation, in respect to freight, export duties, import duties, all applicable taxes, appropriate insurance and storage costs or any other payments required to process the products from OWNER’s warehouse in , Canada are the sole and exclusive responsibility of DISTRIBUTOR. [OWNER shall not be obligated to consider accepting any order placed by DISTRIBUTOR pursuant to Section IV.3 unless, prior to or together with such order being placed by DISTRIBUTOR, DISTRIBUTOR shall make payment to OWNER in an amount equal to twenty-five percent (25%) of the aggregate price of such order, determined with reference to the prices set forth in Schedule “A” hereto.] [Notwithstanding that OWNER may have accepted an order for Product pursuant to this Agreement following compliance by DISTRIBUTOR with Section 5.2 above, OWNER shall not be obligated to deliver such Product to DISTRIBUTOR unless, prior to the expected time of such delivery, DISTRIBUTOR shall make an additional payment to OWNER of a further amount equal to twenty-five percent (25%) of the aggregate price of such order, determined with reference to the prices set forth in Schedule “A” hereto.] a deposit of 25% via wire transfer to OWNER’s bank account in , (particulars of which will be provided to DISTRIBUTOR) concurrently with the order by DISTRIBUTOR, OWNER shall have the right, in its sole discretion, to increase its prices listed in Schedule “A” hereto unilaterally, it being understood that any such increases shall only be effective upon ninety (90) days’ written notice to DISTRIBUTOR, whereupon at the end of such ninety (90) day notice period, any such revised price shall be effective immediately without further notice and shall be deemed to form part of the price list set forth in Schedule “A” attached hereto as if the same had initially been set forth therein.
Appears in 1 contract
Samples: Distribution Agreement
Product Pricing and Payment. To preserve Wolf-Guard’s strong reputation for providing customers with high value products and valued after sales support. We greatly appreciate the efforts of all distributors and channel partners to abide by the guidelines stated in this Agreement. Due to the sales rewards incentives and lower prices provided for WOLF GUARD products, this Agreement includes a Minimum Advertised Price (MAP) Policy to be adhered by all members, please see schedule A for details. Subject to and in accordance with the terms and conditions hereof, OWNER WOLF GUARD agrees to sell to DISTRIBUTOR, and DISTRIBUTOR agrees to buy from OWNERWOLF GUARD, the Product at the prices set forth in Schedule “A” hereto. Prices of the Product are in U.S. dollars, F.O.B. OWNERF.O.B(Free on Board). WOLF GUARD’s warehouse in Shenzhen, CanadaChina. All charges that may be incurred in connection with the delivery of the Product to DISTRIBUTOR, including, without limitation, in respect to freight, export duties, import duties, all applicable taxes, appropriate insurance and storage costs or any other payments required to process the products from OWNERWOLF GUARD’s warehouse in Shenzhen, Canada China are the sole and exclusive responsibility of DISTRIBUTOR. [OWNER WG shall not be obligated to consider accepting any order placed by DISTRIBUTOR pursuant to Section IV.3 unless, prior to or together with such order being placed by DISTRIBUTOR, DISTRIBUTOR shall make payment to OWNER WOLF GUARD in an amount equal to twenty-five percent (2530%) of the aggregate price of such order, determined with reference to the prices set forth in Schedule “A” hereto.] [Notwithstanding that OWNER may have accepted an order Payment in full for all Product pursuant to this Agreement following compliance Orders shall be made by DISTRIBUTOR with Section 5.2 above, OWNER shall not be obligated to deliver such Product to DISTRIBUTOR unless, prior to WOLF GUARD in the expected time of such delivery, DISTRIBUTOR shall make an additional payment to OWNER of a further amount equal to twenty-five percent (25%) of the aggregate price of such order, determined with reference to the prices set forth in Schedule “A” hereto.] following manner: a deposit of 2550% via wire transfer to OWNERWOLF GUARD’s bank account in China, (particulars of which will be provided to DISTRIBUTOR) concurrently with the order by DISTRIBUTOR, OWNER WOLF GUARD shall have the right, in its sole discretion, to increase its prices listed in Schedule “A” hereto unilaterally, it being understood that any such increases shall only be effective upon ninety (90) days’ written notice to DISTRIBUTOR, whereupon at the end of such ninety (90) day notice period, any such revised price shall be effective immediately without further notice and shall be deemed to form part of the price list set forth in Schedule “A” attached hereto as if the same had initially been set forth therein.
Appears in 1 contract
Samples: Distribution Agreement
Product Pricing and Payment. 5.1 Subject to and in accordance with the terms and conditions hereof, OWNER agrees to sell to DISTRIBUTOR, and DISTRIBUTOR agrees to buy from OWNER, the Product at the prices set forth in Schedule “A” hereto. Prices of the Product are in U.S. dollars, F.O.B. OWNER’s warehouse in , Canada. All charges that may be incurred in connection with the delivery of the Product to DISTRIBUTOR, including, without limitation, in respect to freight, export duties, import duties, all applicable taxes, appropriate insurance and storage costs or any other payments required to process the products from OWNER’s warehouse in , Canada are the sole and exclusive responsibility of DISTRIBUTOR. .
5.2 [OWNER shall not be obligated to consider accepting any order placed by DISTRIBUTOR pursuant to Section IV.3 4.3 unless, prior to or together with such order being placed by DISTRIBUTOR, DISTRIBUTOR shall make payment to OWNER in an amount equal to twenty-five percent (25%) of the aggregate price of such order, determined with reference to the prices set forth in Schedule “A” hereto.] ]
5.3 [Notwithstanding that OWNER may have accepted an order for Product pursuant to this Agreement following compliance by DISTRIBUTOR with Section 5.2 above, OWNER shall not be obligated to deliver such Product to DISTRIBUTOR unless, prior to the expected time of such delivery, DISTRIBUTOR shall make an additional payment to OWNER of a further amount equal to twenty-five percent (25%) of the aggregate price of such order, determined with reference to the prices set forth in Schedule “A” hereto.] ]
5.4 [Payment in full for all Product shipments shall be made by DISTRIBUTOR to OWNER in the following manner:
(i) a deposit of 25% via wire transfer to OWNER’s bank account in , (particulars of which will be provided to DISTRIBUTOR) concurrently with the order by DISTRIBUTOR,
(ii) 25% via wire transfer in the same manner as aforesaid prior to shipment by OWNER, and
(iii) the balance of 50% within (60) days from the invoice shipping date by irrevocable letter of credit, issued in US Dollar funds by a reputable international bank approved by OWNER and its bank, or a Canadian Chartered Schedule I Bank acceptable to OWNER, so long as OWNER is able to secure and receive the continuing guarantee of Export Development Corporation in respect to any amount owing by DISTRIBUTOR from time to time. DISTRIBUTOR will pay interest on overdue accounts at a rate of prime plus three percent (3%). Furthermore, all bank charges and/or discounts charged by the bank in association with the processing of the payments via wire transfers or Letter of Credit will be the responsibility of the DISTRIBUTOR.] OR [Payment in full for all Product shipments shall be made by DISTRIBUTOR to OWNER, in U.S. dollars within ninety (90) days from the invoice shipping date open account, so long as OWNER shall have been able to secure and receive in advance the continuing guarantee of Export Development Corporation in respect to any amounts owing by DISTRIBUTOR, from time to time. Otherwise payment shall be made by DISTRIBUTOR within thirty (30) days from the invoice shipping date, by a confirmed, irrevocable letter of credit, issued in U.S. dollars by a reputable international bank approved by OWNER and its bank, or a Canadian Chartered Schedule I Bank acceptable to OWNER. DISTRIBUTOR will pay interest on overdue accounts at a rate of prime plus three percent (3%). Furthermore, all bank charges and/or discounts charged by the bank in association with the processing of the confirmed irrevocable Letter of Credit will be the responsibility of the DISTRIBUTOR.]
5.5 OWNER shall have the right, in its sole discretion, to increase its prices listed in Schedule “A” hereto unilaterally, it being understood that any such increases shall only be effective upon ninety (90) days’ written notice to DISTRIBUTOR, whereupon at the end of such ninety (90) day notice period, any such revised price shall be effective immediately without further notice and shall be deemed to form part of the price list set forth in Schedule “A” attached hereto as if the same had initially been set forth therein.
Appears in 1 contract
Samples: Distribution Agreement
Product Pricing and Payment. 5.1 Subject to and in accordance with the terms and conditions hereof, OWNER agrees to sell to DISTRIBUTOR, and DISTRIBUTOR agrees to buy from OWNER, the Product at cost plus the prices compensation set forth in Schedule “A” hereto. Prices of the Product All cost figures and compensation set forth in Schedule "A" hereto are in U.S. dollars, F.O.B. OWNER’s warehouse in , Canada. dollars All charges that may be incurred in connection with the delivery of the Product to DISTRIBUTOR, including, without limitation, in respect to freight, export duties, import duties, all applicable taxes, appropriate insurance and storage costs or any other payments required to process the products from OWNER’s Manufacturer's warehouse in Shenzhen City, Canada China are the sole and exclusive responsibility of DISTRIBUTOR. [.
5.2 OWNER shall not be obligated to consider accepting any order placed by DISTRIBUTOR pursuant to Section IV.3 4.3 unless, prior to or together with such order being placed by DISTRIBUTOR, DISTRIBUTOR shall make payment to OWNER in an amount equal to twenty-five fifty percent (2550%) of the aggregate price of such orderorder plus compensation owed to OWNER, determined with reference to the prices set forth in Schedule “A” hereto.] [Notwithstanding that OWNER may have accepted an order for Product pursuant to this Agreement following compliance by DISTRIBUTOR with Section 5.2 above, OWNER shall not be obligated to deliver such Product to DISTRIBUTOR unless, prior to the expected time . Payment of such delivery, DISTRIBUTOR shall make an additional payment to OWNER of a further amount equal to twenty-five remaining fifty percent (2550%) of the aggregate price of such orderplus compensation owed to OWNER, determined with reference to the prices set forth in Schedule “A” heretohereto shall be due upon completion of the manufacturing process and must be paid in full before product is to be shipped to DISTRIBUTOR.] a deposit of 25% via
5.3 All payments shall be made by DISTRIBUTOR to OWNER in the following manner: Via wire transfer to OWNER’s bank account in Las Vegas Nevada, USA, (particulars of which will be provided to DISTRIBUTOR) concurrently with the order by DISTRIBUTOR.
5.4 DISTRIBUTOR understands that cost as defined herein may increase as the result of manufacturer increasing pricing for either components, OWNER shall have the right, in its sole discretion, to increase its prices listed in Schedule “A” hereto unilaterally, assembly or both. Further it being is understood that any such increases shall only be effective upon ninety (90) days’ written notice to DISTRIBUTOR, whereupon at the end of such ninety (90) day notice period, any such revised price an increase in cost shall be effective immediately without further notice passed on from OWNER to DISTRIBUTOR and shall be deemed to form part of that such an increase does not change in anyway the price list compensation set forth in Schedule “"A” attached hereto as if the same had initially been set forth therein".
Appears in 1 contract
Samples: License and Distribution Agreement (American Heritage International Inc.)