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FORMAT OF INTERNATIONAL SALES AGREEMENT
Business Name ___________________________________________________
Contact Person ____________________________________________________
Address ___________________________________________ City __________
State/Province _______________________________ Country ______________
Postal Code ______________
Telephone Number _________________________________
E-mail Address _________________________________
TERMS AND CONDITIONS
1 The manufacturer warrants each product sold by the manufacturer to be free
from defects in material and workmanship for a period of one year from the date
of purchase, normal wear and tear excluded. No other warranty or guarantee is
implied or expressed and manufacturer‘s liability is limited to replacement of
defective products during the warranty period.
2 The buyer shall not sell or distribute or promote the sale or distribution of the
products back into the United States.
3 Buyer is solely responsible, at his/her own expense, for securing all import and
other necessary permits, licenses and registrations and complying with all
regulatory requirements applicable to the sale or use of the products in buyer‘s
state, province, and/or country.
4 The relationship contemplated by this agreement is one in which manufacturer
is the vendor and the buyer is the vendee. The buyer is not an
agent, employee, or legal representative of the manufacturer for any purpose
whatsoever, and shall have no power or authority to incur or create any
obligations or liability of any kind for or on behalf of the manufacturer. The
buyer shall conduct its business as an independent contractor and all persons
employed in such business shall be employees of the buyer.
5 Buyer may not use the name The Story Teller, the motto ―See, Touch, Listen
and Learn,‖ the little boy kneeling at the easel or the logo as their business name
or any form thereof. The buyer recognizes the validity of the manufacturer‘s
intellectual property rights and will take no steps to register them or otherwise
interfere with the ownership rights of the manufacturer.
6 All orders must be prepaid in US dollars. Money orders, cashiers check, direct
wire or credit cards (Visa, MasterCard, and Discover) are
acceptable forms of payment.
7 Prices for the products sold to the vendee shall be the manufacturer wholesale
price in effect at the time of shipment. The manufacturer may change the
wholesale prices in whole or part, with ninety-(90) days notice to the vendee.
8 Product is shipped within five days after payment is received. If a longer time
is required, manufacturer will notify buyer.
9 The manufacturer shall not be liable to the buyer or any of the buyer‘s
customers for any loss, damage, detention or delay resulting from fires, strikes,
lockouts, insurrections or riots, civil or military authority, acts of God, lack of
timely instructions from or information from the buyer, war, act of government,
unusually severe weather, default of any other manufacturer or supplier or
subcontractor, freight embargoes, quarantine, transportation contingencies, or
any other cause beyond its reasonable control.
10 Freight carrier handling charges, procurement of documents, duties, customs
and taxes of every nature, air or ocean freight charges and
insurance are paid by buyer. Shipments are sent freight prepaid unless
arrangements are made otherwise.
11 Product returns are accepted within 30 days of shipment and are subject to a
10% restocking fee (based on retail dollars). The buyer will be responsible for
all return freight handling charges, procurement of documents, duties, customs
and taxes of every nature, air or ocean freight charges and insurance are paid by
buyer.
12 Pre-authorization must be received before any return shipment.
13 Pre-authorization can be received by, faxing (801) 423-2568, or e mailing
(ryan@thestoryteller.com) list of items to be returned and reason for
your request.
14 This agreement shall be read and construed and have effect according to the
laws of the State of Utah, US. Should any questions or disputes arise as to the
true intent and meaning of, or the performance or breach of any provision under
this agreement, every such dispute shall be, if not settled amicably by mutual
consultation, forthwith settled by arbitration. This arbitration shall be in
accordance with the UNICITRAL Rules of Arbitration as at present in force. In
the event the parties cannot agree on a mutually acceptable arbitrator within
thirty (30) days of the delivery of notice of arbitration as provided under said
rules, then the International Chamber of Commerce, Paris, France, shall be the
appointing authority only for the purposes of selecting the arbitrator. The
number of arbitrators shall be one (1) and the place of arbitration shall be Salt
Lake City, Utah, UT. The language used in the arbitration shall be English.
Judgment may be entered upon the award of the arbitrator and will be
enforceable in accordance with applicable law against the liable party.
15 Any award by the arbitrator or judgement of any court, as the case may be,
shall include payment and/or reimbursement of the prevailing party‘s costs and
expenses incurred in connection with any dispute, controversy, claim or breach,
including reasonable attorney‘s fee and costs of enforcing the award of the
arbitrator.
16 The authentic text of this agreement shall be English.
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