Term of Agreement:
The relationship between Africa Imports Inc. (which shall be referred to in this document
as Africa Imports) and you may be terminated at any point by either party by giving
immediate notice to the other party. This agreement shall terminate automatically without
notice upon the violation by you of any provision of this agreement. Notice of termination
may be delivered to either you or to Africa Imports according to the terms of the notice
provision set out below.Competition:
Should any customer of yours contact Africa Imports on their own wanting to purchase any
product; or establish any other relationship; Africa Imports will be free to pursue any
relationship with said customers that Africa Imports shall deem to be in their own best
interest. It is understood that Africa Imports may otherwise solicit business from the
public (including possible current customers of yours) at any time; and in any manner that
it may wish.
Resolution of Problems:
You will be the one purchasing product from Africa Imports. You will also be the one
selling products to your customers. Any problems arising in the sale of the products to
your customer shall be resolved by you; and shall not be the responsibility of Africa
Imports. If any customer shall be dissatisfied with any item that they receive from you;
the responsibility for resolving any such problems shall be yours alone. You may return
any products that you receive from Africa Imports to us undamaged for a full refund; or in
exchange for other products. Any shipping, packing, or any other costs that you may incur
in the return of any such products; or in the resolution of any other problems with your
customers; shall be borne by you alone; and shall not be in any way the responsibility of
Africa Imports. You agree to hold Africa Imports harmless for any and all problems
relating to your relationship with your customer(s).
Orders of Products:
Africa Imports will accept orders from you that are pre-paid by you; paid for by credit
card; or paid for on other terms acceptable to you and to us. Any problems arising in the
collection of any debts from customers to whom the products are re-sold by you shall be
resolved by; or borne by; you. Africa Imports will make no effort whatsoever to collect on
any money owed by the ultimate customer to you; or to determine the validity of any money
or payments owed so owed.
Pricing of Products:
When you buy products through this program you will be deemed to be customers of Africa
Imports. Accordingly, all Africa Import rules, policies, and operating procedures,
concerning customer service, customer orders, and customer sales will apply to you . We
may change our policies and operating procedures at any time. You may charge any price
that you consider to be in your best interest for any products that you purchase from
Africa Imports. Africa Imports will not dictate prices to you. Africa Imports may; at
their sole discretion; change the prices charged on their goods to you.
Relationship of parties:
You and Africa Imports shall be deemed totally independent of each other. Nothing in this
agreement will create any partnership, joint venture, franchise, sales representative, or
employment relationship of any kind between the parties. You will be operating at your own
risk, discretion, and responsibility.
You will have no authority to make any representations; or to accept any offers on our
behalf. You will make no statements in any advertising, promotion, or any other potential
contact with the public or with your customers that would give any impression otherwise;
or that would contradict anything in this section. Furthermore, you will make no
statements in any advertising, promotion or any other potential contact with the public or
with your customers that would contradict anything in the agreement.
There shall be no exclusive relationship created between you and Africa Imports. It is
agreed that Africa Imports shall be permitted to sell products to any other person or
corporation who purchases for their own consumption or with the intention to resell those
products to others. No territorial rights are bestowed on you or us as a part of this
agreement.
Disclaimers:
All products sold by Africa imp[orts shall be subject to its warrenty in effect at that
time, if any, and Africa Imports liability whether to you or to your customers, shall be
limited as provided by such warranty.
Africa Imports makes no other warranties of any nature, express or implied, and
specifically disclaims the implied warranties of merchantability and fitness for a
particular purpose. Africa Imports expressly disclaims any obligation or liability for the
loss of the products warranted; loss of time; inconveniences; commercial loss; or any
other indirect, consequential, special or incident damages as a result of the products or
the use or sale thereof.
Right to modify Agreement:
Africa Imports reserves the right at its sole discretion to modify the foregoing rules at
any time; and from time to time. Africa Imports reserves the right to take action against
any person or entity that does not conform to these rules.
Examination of this Agreement:
You acknowledge that you have read this agreement; and that you agree to all of the terms
and conditions contained herein. You have independently evaluated the desirability of
purchasing from Africa Imports; and are not relying on any representation, guarantee, or
statement made by Africa Imports; or by anyone else; which is not contained in this
agreement.
Severability:
Except as otherwise expressly provided herein, if any provisions of this Agreement shall
be adjudicated to be invalid or unenforceable in any action or proceeding, whether in its
entirety or in any portion, then each part shall be deemed amended if possible or deleted,
as the case may be, from the Agreement in order to render the remainder of the Agreement
and any provision thereof both valid and enforceable.
Effect of Termination:
Termination of this Agreement for any or no reason shall not release you from liability
which at the time of termination shall have already occurred or which thereafter may occur
in respect to any act or omission prior to such termination.
Governing Law:
This Agreement and all rights and obligations therein shall be subject to, governed by,
and construed and interpreted in accordance with the laws of the State of Nebraska
applicable to agreements made to and to be performed entirely within such State, including
all matters of construction, validity and performance.
Arbitration:
Any disputes between you and Africa Imports shall be submitted to binding arbitration in
Omaha Nebraska in accordance with the rules of the American Arbitration Association.
Judgement on the award rendered by any arbitration pursuant to this Section may be entered
in any court having jurisdiction thereof.
Non-assignability:
You must not assign this agreement by operation of law or otherwise without the prior
written consent of Africa Imports. Subject to that restriction, this agreement will be
binding on, inure to the benefit of, and enforceable against the parties and their
respective successors and assigns.
Failure to enforce strict performance shall not be deemed a waiver:
The failure to enforce, by Africa Imports, your strict performance of any provision of
this Agreement will not constitute a waiver of Africa Imports right to subsequently |