This Vendor agreement is an electronic record and does not require any physical, electronic or digital signature. This agreement is a legally binding document between you and foodkravings.com, Or her Apps or any other Tools used .
The terms of this agreement will be effective upon your acceptance of the same and will govern the relationship between the Vendor and The Firm including with respect to the listing,advertising, exhibiting, making available, marketing, sale and/or delivery of any products through the website, App, Or other tools used
AND WHEREAS the Firm represents foodkravings.com Website, Her Apps and Other Tools used
AND WHEREAS the parties hereto have after mutual discussions have come to an agreement that the products of the Vendor will be marketed by The Firm
AND WHEREAS parties have agreed to reduce their terms in writing
NOW THIS AGREEMENT WITNESSES AS UNDER
1. Marketing Tools/Support, Products, Availability of products etc.
1.1 The Vendor will keep The Firm informed at all times about the availability of their products in its inventory along with detailed specifications like as may be required of the product.
Order once placed on The Firm by the customer shall have to be honored by the Vendor at all costs.
2. Fee/Commissions etc
2.1 The firm as such shall not charge any fee or providing webspace/display on website. However for all such sales that are made/generated using the website, app or Others, a commission shall be paid by the Vendor to the Firm. The firm can modify any rate of commission in respect of any product. The Details of commission rate would be share along with the agreement.
3. Order, Handling, Delivery service etc.
3.1 Orders for the product shall be received using the website foodkravings.com and shall be forwarded to the Vendor by the Firm via email/Telephone/Fax.
3.2 The Vendor shall upon receipt of the order from the Firm immediately arrange to deliver the products (in case the delivery responsibility taken) to the designated address as early as possible but in any case the dispatch shall be made within 20mins.
3.3 The vendor shall ready the product whenever the product purchase notification received (in case the firm taken the responsibility of delivering the product).
3.4 The Vendor shall ensure that the products dispatched are of the specifications ordered and there is no variation whatsoever. The necessary guarantee/warranty shall be provided by the Vendor to the customer.
3.5 The Vendor agrees to be liable for rejected products supplied to the customer at its own cost and shall not hold the Firm responsible in any manner whatsoever.
4. Covenants of Vendor
The Vendor hereby covenants with the Firm as under:
4.1 To deliver the product of the ordered specifications/description only including quantity and quality prescribed in the Order and there should be no instance of wrong item being delivered and/or quality issue and/or issue of Non delivery. Further, the Vendor shall maintain adequate stock/inventory of the items at all times. In case the Vendor is running out of supplies or is likely not to fulfill the Order received by the Firm, it shall intimate to the
Firm at least 24 hours (1 days) in advance so that notice of OUT OF STOCK for the product can be placed on the website.
4.2 The Vendor shall at all time during the pendency of this agreement endeavor to protect and promote the interests of the Firm and ensure that third parties rights including intellectual property rights are not infringed.
4.3 The Vendor shall at all times be responsible for compliance of all applicable laws and regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Value added tax, Standards of Weights & Measures legislation, Sale of Goods Act, Excise and Import duties, etc
4.5 To provide to the Firm, for the purpose of the creation/display on website of Firm, the product description, images, disclaimer, delivery time lines, price and such other details for the products to be displayed and offered for sale.
4.6 To provide full, correct, accurate and true description of the product so as to enable the customers to make an informed decision. The Vendor agrees not to provide any such description/information regarding the product which amounts to misrepresentation to the customer.
4.7 To be solely responsible for the quality, quantity, merchantability, guarantee, warranties in respect of the products offered for sale through portal of the Firm.
4.8 At all times have access to the Internet and its email account to check the status of approved orders and will ensure prompt deliveries within the time frame mentioned herein before in the agreement.
5. Warranties, Representations and Undertakings of the Vendor
The Vendor warrants and represents that
5.1 The signatory to the present agreement is having the right and full authority to enter into this Agreement with the Firm and the agreement so executed is binding in nature.
5.2 All obligations narrated under this Agreement are legal, valid, binding and enforceable in law against Vendor.
5.3 There are no proceedings pending against the Vendor, which may have a material adverse effect on its ability to perform and meet the obligations under this Agreement.
5.4 That it is an authorized business establishment and hold all the requisite permissions, authorities, approvals and sanctions to conduct its business and to enter into present agreement with the Firm.
6 Rights of Firm:
6.1 Vendor agrees and acknowledges that the Firm, at all times during the continuance of this Agreement, shall have the right to remove/block/delete any text, graphic, image(s) uploaded on the online store by the Vendor without any prior intimation to Vendor in the event the said text, image, graphic is found to be in violation of law, breach of any of the terms of this Agreement, terms and conditions of foodkravings.com Shopping Website or App. In such an event, the Firm reserves the right to forthwith remove/close the online store of the Vendor without any prior intimation or liability to the Vendor
6.3 At any time if the Firm believes that the services are being utilized by the Vendor or its Customer in contravention of the terms and provisions of this Agreement, Terms and conditions of use of grabThis Shopping, the Firm shall have the right either at its sole discretion or upon the receipt of a request from the legal / statutory authorities or a court order to discontinue/terminate the said service(s) to Customer or the End user as the case may be, forthwith remove/block/close the online store of the Vendor and furnish such details about the Vendor and/or its customers upon a request received from the Legal/ Statutory Authorities or under a Court order.
7 Indemnity
7.1 The Vendor indemnifies and shall hold indemnified the Firm, its partners, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including but not limited to claim for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the Vendor’s product, the breach of any of the Vendor’s warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the Vendor infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Value Added tax, The Standards of Weights & Measures legislation, Excise and Import duties, etc . For the purpose of this clause reference to the Firm shall also include the Mobile Operators and such other agencies through whom the Firm shall make the Online Store available to the Customers.
7.2 This article shall survive the termination or expiration of this Agreement.
8 Limitation of Liability
8.1 The Firm on the basis of representation by the Vendor is marketing the products of the Vendor on the shopping portal foodkravings.com and Her Apps and Others to enable Vendor to offer its products for sale through the said platforms. This representation is the essence of the Contract.
It is expressly agreed by the vendor that the Firm shall under no circumstances be liable or responsible for any loss, injury or damage to the Vendor, customer or any other party whomsoever, arising on account of any transaction under this Agreement or as a result of the Products being in any way damaged, defective, in unfit condition, infringing/ violating any laws/ regulations/ intellectual property rights of any third party. The Vendor agrees and acknowledges that it shall be solely liable for any claims, damages, allegation arising out of the Products offered for sale through online shopping portal foodkravings.com and her Apps (including but not limited to quality, quantity, price, merchantability, use for a particular purpose, or any other related claim) and shall hold the Firm harmless and indemnified against all such claims and damages. Further the Firm shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the Vendor or any of its representatives.
8.2 The Firm under no circumstances will be liable to the Vendor for loss and/or anticipated loss of profits, or for any direct or indirect, incidental, consequential, special or exemplary damages arising from the subject matter of this Agreement, regardless of the type of claim and even if the Vendor has been advised of the possibility of such damages, such as, but not limited to loss of revenue or anticipated profits or loss business, unless such loss or damages is proven by the Vendor to have been deliberately caused by the Firm.
These Vendor Terms & Conditions for selling products online are governed by the law of Federal Republic of Nigeria and all disputes would be settled by abritiation.
If any part of these Terms & Conditions for buying products online is found to be invalid by law, they still remain valid and enforceable.