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XXXXXX X. XXXXXXXX EXHIBIT 10.04(a)
President
November 4, 1997
Dynamic International, Ltd.
00 Xxxxxx Xxx.
Xxxxxxxx, XX 00000
RE: WAREHOUSE AND SERVICE AGREEMENT DATED SEPTEMBER 1, 1996
Gentlemen:
Both parties understand that letter-of-credit orders are almost exclusively
shipped from the manufacturer and are not shipped from any Achim location. This
holds true for sales to overseas customers as well.
Page 3 of the Agreement: 3. General Services Fee - Should be amended as follows:
(i) the percentages of Dynamic "invoices sales" in each year to
customers and accounts located within the United States, not
originating at the Achim warehouse and with respect to which
payment is to be made by letter of credit, as set forth below:
(ii) 1.5% of Dynamic's invoiced sales in each year to customers and
accounts located within the United States, not originating at
the Achim warehouse and with respect to which payment is to be
made by letter of credit; plus
(iii) 1.0% of Dynamic's invoiced sales in each year to customers and
accounts located outside the United States and not originating
at the Achim warehouse (irrespective of manner of payments).
Page 4 of the Agreement: 5: Warehouse Fee. In consideration for the Warehouse
Services, Dynamic shall pay to Achim, only for sales
originating at the Achim warehouse, a monthly fee (the
"Warehouse Services Fee") equal to three percent (3%)
of Dynamic's invoiced sales.
Please indicate your consent to the foregoing by countersigning a copy of this
letter and returning it to the undersigned.
Very truly yours,
By:_________________________________
AGREED AND ACCEPTED
DYNAMIC INTERNATIONAL, LTD.
BY:__________________________________
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