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Vendor Registration Agreement

THIS VENDOR REGISTRATION AGREEMENT.

BETWEEN _______________________ , a Firm having Registered Office at _____________________________ (which express unless repugnant to context mean and include the Partner, officers, executors and assigns of the Firm) hereinafter referred to as “Tyoharwale” for the sake of brevity and convenience OF THE FIRST PART

  • PERSON ENROLLING UNDER VENDOR CATEGORY VIA SIGNUP FACILITY OF TYOHARWALE PORTAL/APPLICATION OF THE SECOND PART. FOR THE PURPOSE OF THIS SECTION THE VENDOR SHALL BE PERSON WHO IS OWNER OF MOBILE NUMER WITH WHOSE DETAILS ENROLLMENT IS INITIATED.
  • WHEREAS TYOHARWALE is application and online e-commerce portal engaged in the Business of facilitating online trading of all types of products with the help of multiple vendors having domain expertise in their respective products.
  • AND WHEREAS Vendor is a trader/manufacturer for goods which he intends to list on portal.
  • AND WHEREAS TYOHARWALE has come up with e-commerce facilitation centre and invited vendor for improving his supply management and improving his customer interaction by way of digitized methods of recording customer requirements and planning for quicker deliveries.
  • AND WHEREAS vendor is trader/supplier of (product) has accepted the offer to use Tyoharwale application and web portal for online sell and trading of his products to customers all over India and abroad.
  • AND WHEREAS the parties hereto have agreed and reduced in writing following terms and conditions for the purpose of this agreement;

Definitions
Financial Year: Financial year for the purpose of this agreement shall be as per Income Tax Act, 1961.
Agreement: Agreement shall mean and include this deed, indenture, annexure, schedules and all supplementary deeds which may be executed in future.
Vendor-ship Fees: Vendor-ship fees shall be such as may be defined by management of Tyoharwale.
Offers: Offers under this agreement shall be offers floated by Vendors as business promotion activities.
Guarantee: Guarantee shall be liability, which is to be discharged in the event of default by third person.
Warranty: Warranty shall be as defined in Sale of goods act, 1932.
Indemnity: Indemnity shall be liability undertaken in the event of loss or damage to goods supplied.
Defective Goods: Defective goods shall be goods having patent or latent manufacturing defect causing no use of product for intended purpose.
Spurious Goods: Spurious goods shall be all duplicate, fake, substandard goods stored, supplied or sold to buyers.
Delivery time: Delivery time shall be time committed by vendor to buyer for the physical delivery of the goods after online purchase.
NOW THIS DEED WITNESSETH AS FOLLOWS;
A] PURPOSE
The Purpose of the agreement shall be to Register Vendors for the purpose of online trading of all types of goods.
B] DURATION & CONSIDERATION
This Vendor registration agreement shall be valid for the period of 1 year with condition of auto renewal unless terminated by parties.
For the purpose of use of application at present Tyoharwale is not charging any fees to Vendor. The policy may change in future on case to case basis. Same shall be informed to vendor by mail.
C] PRODUCTS
Vendor shall be selling/supplying products to online customers. Vendor shall be able to sell all types of goods except goods requiring special licenses. The Products offered for sale by the Vendor are either manufactured by the Vendor or are sourced/ purchased by the Vendor from third party suppliers/manufacturers.
D] THE VENDOR AUTHORISES TYOHARWALE TO PROVIDE THE USERS:

  • Information and assistance in relation to the listed Products and sales thereof
  • Information in relation to status of the order placed by Customers, and Operating a customer helpdesk for other inquiries in relation to Products and orders, customer complaints and grievances.
  • a description of the Vendor (including but not limited to description of Suppliers, where so directed by the Vendor)
  • description of each of its Products (including but not limited to the technical
  • description of the Products, brand name of the Product, the price of the Product and any applicable warranty terms) on the Portal.
  • Vendor rating based on vendor performance and customer reviews.
  • Comparatives of the products.


E] GUARANTEE
It is expressly agreed that TYOHARWALE shall not be giving any guarantee on behalf of Vendor to customer for any type of goods delivered. Vendor shall be liable for fitness of the products sold by him on the portal and all associated liability of the same.
F] WARRANTY
It is expressly agreed that TYOHARWALE shall not be giving warranty on behalf of Vendor. Vendor shall be responsible for warranty towards final consumers.
G] INDEMNITY FOR SELL OF DEFECTIVE GOODS
It is expressly agreed that TYOHARWALE shall not be liable to indemnify customers for any liability whether warrant related or guarantee related or relating to defective goods sold or supplied.
H] VENDOR RESPONSIBILITIES

  • Vendor shall have following additional responsibilities
  • Vendor must all the time possess required licenses as may be necessary.
  • If any other certification or special marking (ISI, CE etc.) is needed, same shall be obtained by the vendor.
  • All claims regarding customer issues, claims and damages due to injury caused by defect in product shall be taken care by the vendor.
  • Vendor shall provide adequate instructions for additional safety for handling of any product if needed.
  • In case of incorrect or defective product is shipped, the cost of cancellation, return or exchange of the product shall be borne by the vendor.
  • Vendor shall supply all products as per order form received online.
  • Vendor shall provide all the products in the same specifications and same price as he has quoted.
  • Goods will be delivered as per delivery commitment.

H] PAYMENT
Payment shall be done by Tyoharwale to Vendor for goods supplied. Tyoharwale will be collecting payment from customers.

I] PROHIBITION ON DUPLICATE GOODS

  • Vendor shall sell only good quality original products to customers purchasing from TYOHARWALE. Any attempt to sell or supply of spurious goods shall be strictly prohibited and may consequent to termination of vendor-ship of this online portal.
  • It shall be duty on part of vendor to check quality and genuine nature of products before supply or sell. Accidental supply shall be replaced immediately upon identification of duplicate nature on Vendor, buyer or TYOHARWALE free of cost by the Vendor.


J] LOGISTICS
TYOHARWALE will be facilitating all the logistics.
K] PRICING
Pricing of the products, discounting, sell offers, promotional value, special season offers, gift vouchers, free samples and gifts along with products etc shall be sole discretion of Vendors. TYOHARWALE shall facilitate such sale.
L] USE OF VENDOR DATABASE
The data base of Vendor including their phone numbers, email id, addresses, Date of Birth etc generated from the online registrations and order placement shall be sole ownership of TYOHARWALE and that TYOHARWALE shall be entitled to use or sell it without any cost or consent or compensation to Vendor.
M] TERMINATION
This agreement can be terminated in following manner.
By giving 30 days Prior notice by either of the party to other party in writing or via mail.
Party on the first part shall be eligible to terminate the Contract in the event of sale of spurious goods by vendor to buyers.
Party on first part shall also be eligible for termination of contract in case of continuous low ratings from dis-satisfied customers.

N] AMENDMENT, REPEAL OR MODIFICATION

Subject to any act of parliament, this agreement may be amended only by the affirmative vote of both the parties. Any such amendments shall be in writing and shall be duly executed.

O] BINDING EFFECT

Subject to the provisions of this agreement, the terms and conditions made herein shall have precedents over any other agreements concluded before the execution of this agreement, whether oral or written. The required amendment shall be made only with the consent (of all the Partners) and in writing.

P] CONSTRUCTION

This agreement shall be construed as per the provisions of the Laws and rules made by parliament of India.

Q] COUNTERPARTS

This agreement may be executed in 2 or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument, and shall become effective when there exists the Copies hereof which, when taken together, bear the authorized signatures of each of the parties hereto. Only once such counterpart signed by the party against whom enforceability is sought needs to be produced to evidence the existence of this agreement.

R] NOTICES

Any notice to be given under this agreement shall be in writing and shall be deemed given when received and may be sent by email, whats app, express courier, registered/speed post or facsimile to party.

S] SEVERABILITY

If one or more provisions of this agreement are held by proper court to be un enforceable under applicable law portions of such provisions or such provisions in their entirety to the extent necessary and permitted by law, shall be severed here from, and the balance of this agreement shall be enforceable in accordance with its terms.

T] DISPUTE RESOLUTION

In case of any dispute or differences among the parties hereto or in relation of interpretation of this agreement, efforts shall be made to resolve such disputes or difference through mutual dialogue. Where such dialogue fails, the matter shall be referred to arbitration as per provisions of Arbitration and Conciliation Act, 1996.


U] ENTIRE AGREEMENT

Subject to provisions of this agreement, the agreement and exhibits and schedules hereto and any side letter agreements entered into by the parties as of the date of this agreement relating to potential termination of this agreement, constitute the entire agreement between the parties.

Nothing in this agreement, express or implied is intended to confer upon any party, other than the parties hereto, and their respective successors and permitted assigns, any rights, remedies, obligations or liabilities under or by reason of this agreement, except as expressly provided herein. In addition, neither of the parties can assign this agreement or the rights and obligations there under to another party without prior written consent of the other partner.

V] GOVERNING LAW

This agreement shall be governed by the laws of India which are in force and which may be enacted by the Government of India from time to time.

W] JURISDICTION

Subject to the provisions mentioned herein before, competent courts in the state of Maharashtra shall have exclusive jurisdiction to adjudicate over matters relating to or arising out of the present agreement.

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