This Agreement (this “Agreement”) dated this ________ day of ________________, ________ BETWEEN:
(“Bros Warehouse”) OF THE FIRST PART
(the “Customer”) OF THE SECOND PART
IN CONSIDERATION OF Bros Warehouse provides Warehouse service to the Customer, the Customer use Warehouse service of Bros Warehouse and the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties to this Agreement (the “Parties”) agree as follows:
- When used in this Agreement, the following expressions will have the meanings indicated:
- “Service” means all services that Bros Warehouse agrees to provide to Customers including: Relabel & Warehouse lease for FBA customers; and Warehouse lease & Fullfillment for FBM customers.
- “Price” means all costs including: warehouse leasing fees, handling fees, and other extra fees.
- Bros Warehouse agrees to provide the Services to Customer at the price and terms set forth in the attachment for the applicable pricing. Prices and Services are provided to Customer by Bros Warehouse for the sole purpose of using and benefiting Customer, but Customer may not resell or renew (including payment to third parties) for any other party without the prior written consent of Bros Warehouse.
- Prices are effective at the end of the date specified above (if any) or within five business days after the authorized representative of Bros Warehouse signs the Agreement.
- The term of the Agreement is commencing on this ________ day of ________________, ________ and continuing until Bros Warehouse or the Customer terminates the Agreement.
- Subject to the provisions of this Agreement, the Customer will pay Warehouse leasing fee per 30-day period, and other fees at the time of service provision. The Customer will pay within 15 days from receipt of invoices from Bros Warehouse.
- Bros Warehouse and Customer both agree that the terms of this Agreement, including Pricing, will be kept strictly confidential by both Parties and shall not be disclosed unless required by law.
- Bros Warehouse also commits to keeping all information about products and business information of customers confidential.
Terminate The Agreement
- Either party may terminate this Agreement immediately upon failure of the other party to comply with its terms. Either party may terminate this Agreement at any time without cause, after 30 days of prior written notice to the other party.
- It is the intention of the Parties to this Agreement that the commercial agreement created by this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Arkansas, without regard to the jurisdiction in which any action or special proceeding may be instituted.
- If there is a conflict between any provision of this Agreement and the applicable legislation of the State of Arkansas (the ‘Act’), the Act will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement.
- This Agreement will constitute the entire agreement between Bros Warehouse and the Customer. Any prior understanding or representation of any kind preceding the date of this Agreement will not be binding on either party to this Agreement except to the extent incorporated in this Agreement. In particular, no warranties of Bros Warehouse not expressed in this Agreement are to be implied.
- Any change to this document by either party will void the Agreement.
- Each party represents and warrants to the other that this Agreement is valid and legally binding.
- The Agreement does not apply to items prohibited or restricted by law.
IN WITNESS WHEREOF the Parties to this Agreement have duly affixed their signatures under hand and seal, or by a duly authorized officer under seal, on this ________ day of ________________, ________