JASPER by GEORGE - INDEPENDENT SALES AGREEMENT This Independent Sales Agreement is made in good faith between JASPER by GEORGE “specialists in jewellery & giftware” ABN 57 291 596 760 &
(Full Name)_________________________________________________________
(Postal Address)_________________________________________________________________
(Suburb)__________________________________ (State)_____________(Postcode) ___________
(Email)________________________________________ (Phone)______________________________
On this _______ day of ___________________ , 200______
Please read this agreement carefully. Once you have read it and agree to the terms set out herein, fill it in and sign it, then return it to our office. We will then sign it and make a copy and then forward a copy to you. JASPER by GEORGE will retain this original.
By signing this agreement, the above named is verifying their consent to the following terms within this agreement: The JASPER by GEORGE (herein referred to as JbG) Independent Sales Representative (herein referred to as the ISR) has entered into business on his or her own behalf as an Independent Sales Representative of products produced or supplied through JbG (the Products) and JbG is willing to supply Products to the ISR on the terms set out below. JASPER by GEORGE Agrees: To supply to the ISR Products ordered by the ISR (subject to availability) for sale to customers. To provide advertising, promotional services, training instruction and guidance to the ISR in connection with the selling of the products. To supply and/or sell sales aids to the ISR.
1 of 4
JASPER by GEORGE - INDEPENDENT SALES AGREEMENT If the ISR returns products on behalf of themselves or their customer(s) in accordance with the terms of the JbG Guarantee, JbG will make a credit adjustment to the ISR’s account or refund direct to the ISR. JbG reserves the right to require that such products be returned to JbG by the ISR. The Independent Sales Representative Agrees: To pay JbG promptly for the invoiced amount of all Products ordered by the ISR and supplied by JbG: By the due date on the invoice (within 7 days of receipt of invoice) for the Products supplied to him or her. In the specified manner for the prices of all Products supplied to them. To order & make payment promptly to JbG for all Products ordered & paid for by the customer: By the due date on the order form (within 7 days of receipt of order) for the prices of all Products to be supplied to him or her. Within seven (7) days of receipt of payment, those products ordered by the ISR, will be supplied to him or her to pass on to the customer. To pay JbG all charges for materials and services supplied to the ISR are the rates or amounts charged by JbG. That JbG may disclose to its collection agencies personal information of the ISR for the purpose of recovering outstanding amounts due to JbG in the event the ISR 's account is in default. JbG or its collection agencies may disclose to credit reporting agency the ISR 's personal information including: the ISR’s identification; payments which become more than 60 days overdue and advise if & when payments are no longer overdue. The ISR may not make any statement or engage in any conduct which may: 1. Mislead or deceive customers as to the nature or likely effects of any Products; or, 2. Otherwise damage or diminish JbG 's reputation. Without prior express written permission from JbG the ISR shall not offer for sale the Products at retail outlets, markets, garage sales or any similar place of business, or supply to any person or persons who they know or may suspect may then on-sell the Products at such places of business. Such unauthorized sale of the Products shall result in termination of the Agreement. JASPER by GEORGE and the Independent Sales Representative mutually agree: The ISR is authorized to make offers for sale of Products to customers and to promote and extend sales of the Products in all cases by calling on customers at places other than places of business where goods of that kind are normally offered or displayed for retail sale and to deliver Products supplied by JbG promptly to customers. All costs and expenses incurred by the ISR shall be borne by him or her. That the ISR shall sell products at prices nominated by JbG in catalogues & other brochures. The ISR is entitled to retain all commission on upon the receipt of payment for the Products ordered and paid for in full by the customer. The commission rates are calculated on a weekly basis, and are based on the following sales targets: Sales to $99.99
=
15% commission
Sales to $199.99
=
20% commission
2 of 4
JASPER by GEORGE - INDEPENDENT SALES AGREEMENT Sales to $299.99
=
25% commission
Sales to $399.99
=
30% commission
Sales above $400
=
35% commission
The ISR is entitled, after three months of consecutive sales, to make personal purchases from the JbG product range at 40% off. Naturally, no commission is given for these sales. The ISR is an Independent Representative and is not engaged as an employee of JbG nor under a contract wholly or partly for his or her labour. The ISR is not excluded from engaging in any other work, whether part or full time. The ISR has no power or authority to incur any debt, obligation or liability on behalf of JbG except to the extent earlier set out in this contract on the sale of Products. The costs for the host(ess) incentives and lucky door prizes are paid for by JbG. If the ISR wishes to conduct any other promotions, they must first gain the direct permission of JbG and the cost will be borne by the ISR. The ISR must be still actively selling on November 30 to redeem their Christmas Club balance. The ISR is authorized upon the sale of any Product to give on behalf of JbG to any customer the benefit of the JbG guarantee in the form in which such a guarantee shall apply for 30 days and for reasonable circumstances and is not extended to: Products which have been substantially used; Containers that have been broken or damaged through accident or misuse; Jewellery that has become worn through use; Pierced earrings that do not come wrapped in their original packaging with the seals unbroken; Very old products; Large scale excessive returns; Sales aids / kits. Products that are specified to have a credit only refund (the customer will receive a credit note to the value of that product). The JbG ISR agrees that they will also be accountable for any returns in the amount of commission that they received for the purchase of that / those products. From time to time promotional goods or rewards may be supplied pursuant to composite sale provided the ISR achieves agreed sales targets as stipulated by JbG. The JbG ISR may not delegate his or her rights and obligations under this agreement to other persons, including but not limited to the right to incorporate, form a partnership, or hire or subcontract with other persons for taking orders for the Products and/or delivery of the products to customers, without the prior consent of JbG.
3 of 4
JASPER by GEORGE - INDEPENDENT SALES AGREEMENT The JbG ISR will not establish a JbG related website or otherwise advertise over the Internet. This includes, but is not limited to, the selling of products on such sites as eBay and Oztion. The JbG ISR will not advertise on his or her own right without the permission of JbG. JbG may levy a reasonable late payment charge where JbG directly incurs extra charges. A reasonable charge may also be made by JbG where additional costs are incurred by JbG in respect of dishonored cheques received by JbG from the JbG ISR as payment for Products ordered. The JbG ISR agrees to participate in fundraising on JbG’s behalf and the JbG ISR agrees to the 20% base commission payments to them for these activities. The agreement constitutes the entire agreement between the parties and it is acknowledged that "The JASPER by GEORGE Independent Sales Representatives Information Booklet" is merely a suggested business method for an ISR. However, there is no obligation on the JbG ISR to adopt or comply with those suggestions, nor will it guarantee that you are successful as an ISR. The agreement is not subject to change except in writing signed by an authorized officer of JbG and supersedes any agreement previously made between the ISR and JbG. The JbG ISR may terminate this agreement at any time. If the JbG ISR acts in a way, which is contrary to JbG's best interest, JbG may terminate this Agreement by notice to the ISR at his/her address last known to JbG.
I, _____________________________________________________, have read the terms & conditions of this Independent Sales Agreement. For & behalf of
For & behalf of
JASPER by GEORGE
(Name)___________________________
______________________________
______________________________
Kristy Terelinck
______/______/ 20______
______/______/ 20______
4 of 4