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Legal

Hart Mark Legal Requirements

DOWNLOAD SUPPLIER AGREEMENT

PURPOSE:

• This document is an agreement in terms of which the Online Supplier agrees to rent online space from the Company.
• The rental of the space is for purpose of displaying and selling the Online Supplier’s products.
• All products must be approved by the Company.
• The Online Supplier is to ensure that stock levels are always sufficient for online purchases according to the stock levels displayed online.

PERIOD OF AGREEMENT: 3 Months

  • We enter into a 3 month agreement with the Online Supplier in order to both market the Online Suppliers products productively but also keep the store product range
  • After the 3 month agreement the current agreement will be automatically renewed for an additional 3
  • One month’ calendar notice for termination is required after the expiry of the agreement. Notice must be given on the 1st of the calendar month as no pro-rata will be

COMMENCEMENT DATE OF AGREEMENT:

  • This agreement shall commence on the date of signing thereof by both parties.
  • The Company is to receive the electronically / physically signed agreement from the Online Supplier upon signing the Agreement by email or at the office with attached proof of initial payment.
  • The Online Supplier fully understands that rent will be charged from the agreed upon dates.

RENTAL SPACE, COST AND CONDITIONS, TERMS:

  • Once-off R350 administration joining
  • R99pm Online subscription fee.
  • Hart Mark Online retains a 35% flat rate product commission for transactional costs, Paygate Systems, storage, courier nationwide and
  • Online Supplier will ensure that stock is sufficient and sent to The Hart Mark Building Warehouse in
  • Penalty fees for late receiving of stock will
  • Online Supplier will ensure that their products are securely packaged to The Hart Mark Warehouse, individually packed. Hartmark.co.za will ensure final packaging to
  • Online Supplier will be responsible for damaged / defective / return fee should it
  • No counterfeit products will be
  • No flammable, poisonous or unlicensed products will be approved unless proven
  • Online Supplier must ensure a “RRP” [Recommended Retail Price] maintains standard across board.
  • Online supplier will ensure that product photography and videography maintain within strict guidelines. Alternatively make use of the Company’s in-house photographer.
  • All product descriptions must be well transcribed and spell checked prior to upload of online web.
  • All products uploaded will automatically be approved by admin prior to online web reflection.
  • Monthly payment to Online Supplier will be made by no later than the 5th of each calendar month
  • The Company retains the right to withhold any products and monies due to cover all defaulted payments. If rent is not paid after 3 months the Company will withhold all products to cover the outstanding amount. The Company will then be the new owner of the products and have the right to resell in order to gain outstanding defaulted payments.
  • The Online Supplier takes full responsibility to manually barcode and price all products prior to delivery as follow: Company name, product name, barcode number [as provided by the Company], selling price.
  • All products whereby a standard bar code does not properly stick to will be the Online Supplier’ sole responsibility to add a cardboard tag to the product whereby the label will be attached to. This will ensure that your barcodes match your products.
  • Any perishable products must comply with the necessary labelling Health Act.

DAMAGES OR INJURIES:

  • A security system is installed and maintained by The Hart Mark Building as well as 24 hour security response and security guards.
  • An Ultrasec Security System is installed at the exits of The Hart Mark Building Warehouse whereby electronic security posts will detect any products leaving the store prior to scanning.
  • The Company will not accept any liability for any loss or damage to the property, including but not limited to the products of the Online Supplier from any cause whatsoever prior to delivery to The Hart Mark Warehouse or while in transit to The Hart Mark Warehouse. The Company has insurance cover in place for natural disasters within the property.

BREACH AND PERMANENT CANCELLATION:

  • If an Online Supplier breaches any of the terms of this agreement, the Company
    shall notify the Online Supplier in writing to remedy the breach within 7 days of the written notice.
  • If the Online Supplier does not remedy the breach, the Company may decide to cancel this agreement with immediate effect and take possession of the products.
  • The Company retains its rights to any other remedies that it has in terms of law.

DOMICILIUM ADRESSES:

The Company chooses as its domicilia citandi & executandi address for the delivery of any notices, documents or correspondence the following address:
R511 . Main Rd. Rietfontein . The Hart Mark Building Warehouse . Hartbeespoort . 0216 . North West . South Africa

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