Salon Supplier Agreement
Salon Supplier Agreement
This Salon Supplier Agreement ("Agreement") is made effective as of [Date], by and between [Your Company Name], a business incorporated under the laws of [State/Region], with its principal place of business located at [Your Company Address] ("Buyer"), and [Supplier Name], a company organized and existing under the laws of [State/Region], with its principal office located at [Supplier Address] ("Supplier").
WHEREAS, the Buyer operates a salon that requires regular supplies of hair care products and beauty tools;
WHEREAS, the Supplier is engaged in the business of manufacturing and supplying hair care products and beauty tools and has agreed to supply these products or services to the Buyer;
WHEREAS, the Buyer wishes to purchase such products or services from the Supplier, and the Supplier wishes to sell such products or services to the Buyer under the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to be legally bound as follows.
I. Scope of Products/Services
A. Product Specifications: Supplier agrees to provide the Buyer with beauty and hair care products, including but not limited to shampoos, conditioners, styling products, and beauty tools, which shall meet or exceed the specifications outlined in Exhibit A attached to this Agreement.
B. Service Standards: If services are included, such as equipment maintenance or training in the use of supplied products, these services shall be performed by qualified personnel in accordance with industry standards.
II. Delivery Terms
A. Schedule: Products shall be delivered to Buyer’s salon located at [Your Company Address] on a bi-weekly basis, with the first delivery commencing no later than two weeks after the effective date of this Agreement.
B. Shipping and Handling: The Supplier is responsible for all shipping and handling charges. Products must be packed securely to prevent damage during transport.
C. Acceptance and Inspection: Buyer shall have the right to inspect the products within five business days of receipt. Any products found to be defective or not in accordance with the specifications can be returned to the Supplier at no cost to the Buyer.
III. Pricing and Payment Terms
A. Pricing: The Buyer agrees to purchase products at the prices listed in Exhibit B, which are guaranteed for the term of this Agreement. Prices include delivery and handling.
B. Payment Schedule: Payments are due within 30 days of invoice receipt. Invoices will be issued by the Supplier immediately following each delivery.
C. Late Payment: Payments not made within 30 days will incur a late fee of 1.5% per month on the outstanding balance.
IV. Ordering Process
A. Order Placement: Buyer shall place orders through the Supplier's online ordering system or via email. Each order must specify the types and quantities of products required, and the requested delivery date.
B. Order Confirmation: Supplier will confirm receipt of each order within 24 hours of placement. Confirmation will include a projected delivery date and any potential issues regarding product availability.
C. Order Cancellation: Orders can be cancelled or modified by the Buyer without penalty up to 48 hours before the scheduled delivery date. Cancellations or changes made after this period may be subject to a cancellation fee of 10% of the order value.
V. Inspection and Acceptance
A. Inspection Period: Upon delivery, Buyer has five business days to inspect the products for compliance with the agreed specifications and quality standards.
B. Notification of Non-Conformity: If any products are found to be defective or not as specified, Buyer must notify Supplier in writing within the inspection period, detailing the nature of the defect or non-conformity.
C. Acceptance: Products will be deemed accepted by the Buyer if no notification of non-conformity is received by the Supplier within the inspection period.
VI. Warranties and Guarantees
A. Product Warranties: Supplier warrants that all products supplied under this Agreement shall be free from defects in material and workmanship and shall conform to the specifications for a period of twelve months from the date of delivery.
B. Service Guarantees: If services are provided, Supplier guarantees that they will be performed to a professional standard and will rectify at no additional cost any service performed inadequately, reported within 30 days of service completion.
VII. Returns and Refunds
A. Return Policy: Products that are defective or do not meet the specifications provided in Exhibit A may be returned to the Supplier at the Supplier's expense within 30 days of acceptance.
B. Refunds: Upon receipt and verification of the returned products, Supplier will issue a full refund to the Buyer within 14 days or replace the products at no additional charge, at the Buyer's discretion.
C. Restocking Fee: Non-defective products returned by the Buyer that are opened or used may be subject to a restocking fee of 15% of the purchase price.
VIII. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary information exchanged during the course of this Agreement. Such information shall only be used for the purpose of fulfilling obligations under this Agreement and not disclosed to third parties without prior written consent.
IX. Intellectual Property Rights
All intellectual property rights in products provided by the Supplier, including but not limited to trademarks, patents, and copyrights, remain the property of the Supplier. The Buyer is granted a non-exclusive license to use such intellectual property as necessary to utilize the products.
X. Liability and Indemnification
A. Limitation of Liability: The Supplier's liability under this Agreement shall be limited to the total amount paid by the Buyer for the products under this Agreement. Neither party shall be liable for any indirect, incidental, or consequential damages.
B. Indemnification: The Buyer agrees to indemnify, defend, and hold harmless the Supplier from any claims, damages, or expenses arising from the Buyer's misuse of the products or breach of this Agreement.
XI. Term and Termination
A. Agreement Term: This Agreement shall commence on the date hereof and continue for a period of one year. Thereafter, it shall automatically renew for successive one-year terms unless terminated by either party with 60 days' written notice prior to the end of the current term.
B. Termination for Cause: Either party may terminate this Agreement with immediate effect upon written notice if the other party materially breaches any of its obligations under this Agreement and fails to remedy such breach within 30 days of receipt of notice.
XII. Dispute Resolution
A. Mediation: In the event of any dispute, the parties will attempt to resolve the matter through mediation before resorting to arbitration or litigation.
B. Arbitration: If mediation fails, disputes will be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the jurisdiction where the Buyer is located.
XIII. Miscellaneous Provisions
A. Force Majeure: Neither party shall be liable for any failure to perform due to circumstances beyond their reasonable control (e.g., natural disasters, acts of war, etc.).
B. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state where the Buyer is located.
C. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior communications, agreements, or understandings, written or oral, concerning its subject matter.
Signatures
The undersigned parties acknowledge that they have read and understood this Agreement and agree to be bound by its terms and conditions.
Supplier
[Name]
[Date]
Buyer
[Name]
[Date]
