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| TERMS
AND CONDITIONS |
| Payment
Terms |
| Payment
of purchases and cost of shipment will be Advance
100% from date of invoice. Payment will be received
by the MANUFACTURER via a credit card or “cash
on delivery”. The Indique Credit Card Authorization
form must first be completed and submitted to
the MANUFACTURER by the SALON/STYLIST before any
payment can be accepted via credit card.
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| Obligations
of salon/stylist |
SALON/STYLIST agrees
to use its best efforts during the term of this
Agreement to sell and to actively promote, in all
lawful ways and to the maximum extent possible,
the sale of the Products in the Territory. Manufacturer
will give SALON/STYLIST reasonable advance written
notice of any changes to its Product line.
This agreement shall be deemed a single agreement
governing all of the Products
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| Salon/stylist’s
representations and warranties |
| SALAON/STYLIST represents
that it holds all necessary licenses and permits
for Distribution to distribute the Products in the
Territory in accordance with applicable laws; within
the knowledge of SALON/STYLIST, there are no proceedings
pending that would in any way jeopardize any such
licenses or permits; and SALON/STYLIST has authority
to perform this Agreement and that such performance
will not violate any agreement to which SALON/STYLIST
is a party.
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| General |
This Agreement
shall be construed according to the laws of the
Commonwealth of Massachusetts. The parties expressly
waive any right to trial by jury. All other claims,
disputes, and other matters in question between
Manufacturer and SALON/STYLIST arising out of,
or relating to this Agreement, the breach thereof,
or work thereunder, shall be decided by arbitration
in accordance with the Arbitration Rules of the
American Arbitration or by Mediation as agreed
upon by both parties.
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