Balloon wrap
INDEPENDENT DEALER
CONTRACT
This agreement is entered into, effective as of the date signed by
Company, by and between Balloon Wrap ("Company")
and _________________________________________ , an
independent dealer ("Dealer") whose address is
____________________________________________________________________________________________________
Dealer
Agrees as follows:
1. Dealer hereby purchases for the sum of $ ____________________ (payable in full upon delivery) one (1) Balloon Wrap brand machine and accessories to enable Dealer to conduct an independent wholesale and/or retail business of selling gift-wrapping balloons. Dealer is guaranteed that no licensing fee will be imposed on the use of this equipment by BW or any other company or corporation.
2. Dealer is prohibited from and shall not at
any time or any manner represent that he/she is employed by Balloon Wrap
("BW") or that he/she is authorized to set policy, use trademark or
trade name "Balloon Wrap".
Representation can be made that Dealer is "an authorized
independent dealer" of
BW. Dealer agrees that in
all verbal and written communications he/she will make it clear that he/she is
not Balloon Wrap, Inc., and is independent from the Company. This Agreement does not constitute the Dealer
as the agent, or legal representative of BW for any purpose whatsoever. The Dealer is not granted any right or
authority to assume or to create any obligation or responsibility, express or
implied, in behalf of or in the name of BW or to bind BW in any manner. Dealer acknowledges that Balloon Wrap is the
exclusive owner of the trade name and the trademark "Balloon Wrap". Dealer shall not infringe upon any Balloon
Wrap patents or patents pending associated with the Balloon Wrap brand machine.
Company
agrees as follows:
1. Company shall sell and deliver to Dealer
the following items simultaneously with the payment of the full purchase price
by Dealer: One (1) Balloon Wrap brand
machine (Serial No. __________________________ ) to
inflate gift-wrapping balloons, one (1) Dealer Operations Manual, and a starter
supply of balloons. Delivery shall be
made C.O.D. to Dealer at Company's business address specified below, or at Dealer's
request and payment of freight, shipped F.O.B. from Company's business address
to such address as Dealer desires. The
delivery shall be made by Company not later than 14 days after execution by
Company of this Agreement.
2. Company shall make available to Dealer
optional accessories and replacement parts for the Balloon Wrap brand machine,
as well as additional balloons and literature requested by Dealer, at
competitive prices. Balloon Wrap
warrants the Balloon Wrap brand machine (unless other manufacturer warranties
apply) against defects in workmanship and materials for a period of one (1)
year. No other warranties, either
express or implied, shall be applicable or binding.
3. Company 's
principal business address and phone
is:
Dealer
shall have the right for one (1) year to elect to void this Agreement upon writen notice to Company, and to obtain the return of all
monies paid hereunder, in the event Company has used any untrue or misleading
statements in connection with the making of this Agreement, or failed to
provide the information and disclosures required by or to otherwise comply with
the Seller Assisted Marketing Plan Law as set forth in the Civil Code of the
State of California. Dealer shall be
entitled to a return of said monies upon return of all equipment, supplies or
products received from Company; but if complete return of any items cannot be
made, the fair market value thereof at the time of original delivery shall be
deducted from the monies returnable.
Dealer shall make the returned equipment, supplies or products available
at Dealer's address, or place located at the time of the above described
notice, upon receipt of the sums to be returned. If Company has inadvertently failed to make
any disclosures required by or to have this Agreement comply with the Seller
Assisted Marketing Plan Law, Company may cure said failure and notify Dealer in
writing of the right, exercisable only within 15 days after receiving the
notice and corrections, to cancel this Agreement and receive a return of all
monies paid upon return of whatever equipment, supplies or products Dealer
has. Dealer shall also have the right to
elect to void this Agreement if Company failed to deliver or furnish any
equipment, supplies, product or service within thrity
(30) days of the date specified in this Agreement (unless such delay is beyond
Company's control), so long as Dealer exercises the right to do so at any time
prior to delivery or within thirty (30) days after delivery. Other rights and remedies of Dealer provided
by law shall be cumulative.
This
Agreement may be transferred or assigned by either party upon notification to
the other. Company shall have the right
to terminate this Agreement for cause, including the failure to pay any amount
owed to Company within thirty (30) days of the due date.
This
instrument contains all of the agreements, understandings, representations,
conditions, warranties, and covenants made between the parties hereto. Unless set forth herein, neither party shall
be liable for any representations made, and all modificatiions
and amendments hereto must be in writing.
YOU HAVE THREE (3) BUSINESS DAYS IN WHICH YOU MAY CANCEL THIS
CONTRACT FOR ANY REASON BY MAILING OR DELIVERING WRITTEN NOTICE TO THE SELLER
ASSISTED MARKETING PLAN SELLER (COMPANY).
THE THREE (3) BUSINESS DAYS SHALL EXPIRE ON ________________ (LAST DAY
TO MAIL OR DELIVER NOTICE) AND NOTICE OF CANCELLATION SHOULD BE MAILED OR
DELIVERED TO BALLOON WRAP,
433 W.
DEALER COMPANY
__________________________________________ Balloon Wrap
By: X By:
________________________________
Les
Wigger, President
Date
Signed: Date
Signed: _
I understand that this purchase will be put on my credit card
(Master Card/VISA). The card number is:
, Expiration Date is: . The exact amount that will be charged in my
account is:
(exact
name as it appears on card)
By: X Date Signed: X ________________