Merchandising Agreement Template

Use Template

Merchandising Agreement Template

  1. Introduction

This Merchandising Agreement ("Agreement") is made and entered into as of [DATE] by and between [PARTY A] with a mailing address of [ADDRESS] ("Party A") and [PARTY B] with a mailing address of [ADDRESS] ("Party B").


  1. Purpose: The purpose of this Agreement is to set forth the terms and conditions under which Party A will sell and Party B will purchase certain merchandise (the "Merchandise").


  1. Term: The term of this Agreement shall begin on the date of this Agreement and shall continue in full force and effect for a period of [INSERT YEAR] from the date of this Agreement. The contract may be extended with the same terms at the will of both Parties.


  1. Merchandise Party A shall sell and Party B shall purchase the Merchandise in accordance with the following terms and conditions:


  1. Party A shall sell the Merchandise to Party B at the price of [PRICE].


  1. The Merchandise shall be delivered to Party B at the following address: [ADDRESS].


  1. The Merchandise shall be delivered to Party B on the following date: [DATE].


  1. Payment Party B shall pay Party A for the Merchandise in accordance with the following terms and conditions:


  1. Party B shall pay Party A for the Merchandise within [DAYS] days of the date of delivery.


  1. Payment shall be made by check or money order and shall be made payable to: [PARTY A].


  1. Warranties Party A warrants that the Merchandise will be free from defects in material and workmanship.


  1.  The Merchandise delivered must adhere to quality standards as specified:


  1. Indemnification Party A shall indemnify, defend and hold harmless Party B from and against any and all claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or in connection with the Merchandise.


  1. Force Majeure: Neither party shall be liable for any failure or delay in the performance of its obligations under this Agreement (except for the payment of money) due to any cause beyond its reasonable control, including, but not limited to, acts of God, war, strikes, fires, floods, and earthquakes. At the event of this clause coming into force, the parties shall mutually agree on terminating or extending the contract.


  1. Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, both written and oral, with respect to such subject matter.


  1. Amendment: This Agreement may not be amended or modified except in writing signed by both parties.


  1. Waiver: The failure of either party to enforce any of the provisions of this Agreement or to exercise any right or remedy under this Agreement shall not constitute a waiver of such provision, right or remedy.


  1. Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions of this Agreement shall remain in full force and effect.


  1. Choice of Law: This Agreement shall be construed in accordance with the laws of the State of [STATE].


  1. Arbitration: Any disputes arising out of or relating to this Agreement shall be submitted to binding arbitration in accordance with the then existing commercial arbitration rules of the American Arbitration Association. The arbitration shall take place in [CITY], [STATE].


  1. Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement.


IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective authorized representatives as of the date and year first above written.


Party A: ___________________________


Party B: ___________________________