Exhibit 10.1
DISTRIBUTOR AGREEMENT
To: Name: ______________________________________ ("Distributor")
Address: ______________________________________
______________________________________
Telephone: ______________; Facsimile: __________________
From: NATIONAL PIZZA CORP.
000 XXXXX XXXXX XXXXX
XXXX XXX XXXXXXX, XX 00000 ("NPCO")
Thank you for agreeing to become a distributor of NPCO's pizza products!
This agreement will describe the respective rights and obligations between NPCO
and you. As your supplier, NPCO agrees to the following:
i. To assist Distributor in securing the number of locations set forth in
the Initial Order below for the NPCO products to be carried in
__________(city), ___________(state).
ii. Provide Distributor with form consignment agreements to be used for
the NPCO pizza ovens at all of Distributor's locations;
iii. To Install the NPCO pizza ovens at each location;
iv. To provide Distributor with initial instructions on the functions and
operations of the NPCO ovens;
v. To provided Distributor with advertising materials at no cost to
Distributor for the first order. After the first order, advertising
materials will be supplied at NPCO's then current prices;
vi. To provide parts and maintenance for the ovens. Depending on the
nature of the parts or service required, there may be a charge for
this.
As NPCO's distributor, you agree to the following:
a. To purchase 100% of the pizza to be sold to each of Distributor's
location from NPCO at NPCO's then current prices;
b. To service each location at least once per week to ensure the
functionality of all equipment and the supply of pizza;
c. To use and distribute all advertising materials provided by NPCO in a
manner to maximize sales of the pizza products and awareness of the
product and brand name;
d. To comply with NPCO instructions and guidelines in the installation
and operation of all NPCO pizza ovens;
e. To permit NPCO to determine Distributor's initial locations and
establish Distributor's route and territory;
f. To operate and expand Distributor's route to the best of Distributor's
ability.
Distributor also understands and agrees that NPCO has made no guarantee or
representations as to the securing of any specific locations, the profitability
of the distributorship or any the realization of any profits. Distributor
understands that there are no exclusive territories granted by NPCO to
Distributor. Ownership of all NPCO pizza ovens shall be with Distributor upon
delivery of same from NPCO.
Distributor's Initial Order consists of 20 pizza ovens, 20 NPCO secured
locations, and 120 dozen frozen pizzas. The Initial Order will include the
requisite number of signs, pizza cutters, spices, business cards and NPCO's
bookkeeping system.
In order to effectuate the Initial Order and become a distributor, the
initial payment due upon execution of this Agreement is US$8,500. Payment for
the Initial Order may be made by cashier's or certified check, money order or
bank draft. Payments thereafter may also be made by ordinary check.
Distributor understands that NPCO makes no warranties, express or implied
with respect to the pizza ovens or pizzas. This agreement may not be modified
unless done so in writing and that no promises or representations have been made
by NPCO that are not expressly set forth herein or in the accompanying Business
Opportunity Disclosure document, a copy of which Distributor hereby acknowledges
receipt of. The Initial Order is non-cancelable and that any monies paid
hereunder are non-refundable.
Cont'd
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Distributor is under no obligation to place any orders with NPCO for pizza
or other merchandise after completion of the Initial Order.
AGREED AND ACCEPTED:
NATIONAL PIZZA CORP. Distributor.
By:___________________________ ______________________________
Title:________________________
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