This document is a supplier and buyer agreement between Flora 4 U Flower Shop as the supplier and another party as the buyer. It outlines the terms of their agreement for the supplier to provide imported flowers to the buyer's flower shop. Key terms include: 1) A one year agreement renewable in writing; 2) The buyer will provide a final order list and 50% deposit in advance; 3) The supplier will provide fixed prices and full payment is due within 7 days of receipt; 4) The supplier is responsible for delivery and not liable for out-of-stock items; 5) The buyer must inspect and notify the supplier of any issues within 3 days or the delivery is deemed accepted.
This document is a supplier and buyer agreement between Flora 4 U Flower Shop as the supplier and another party as the buyer. It outlines the terms of their agreement for the supplier to provide imported flowers to the buyer's flower shop. Key terms include: 1) A one year agreement renewable in writing; 2) The buyer will provide a final order list and 50% deposit in advance; 3) The supplier will provide fixed prices and full payment is due within 7 days of receipt; 4) The supplier is responsible for delivery and not liable for out-of-stock items; 5) The buyer must inspect and notify the supplier of any issues within 3 days or the delivery is deemed accepted.
This document is a supplier and buyer agreement between Flora 4 U Flower Shop as the supplier and another party as the buyer. It outlines the terms of their agreement for the supplier to provide imported flowers to the buyer's flower shop. Key terms include: 1) A one year agreement renewable in writing; 2) The buyer will provide a final order list and 50% deposit in advance; 3) The supplier will provide fixed prices and full payment is due within 7 days of receipt; 4) The supplier is responsible for delivery and not liable for out-of-stock items; 5) The buyer must inspect and notify the supplier of any issues within 3 days or the delivery is deemed accepted.
This document is a supplier and buyer agreement between Flora 4 U Flower Shop as the supplier and another party as the buyer. It outlines the terms of their agreement for the supplier to provide imported flowers to the buyer's flower shop. Key terms include: 1) A one year agreement renewable in writing; 2) The buyer will provide a final order list and 50% deposit in advance; 3) The supplier will provide fixed prices and full payment is due within 7 days of receipt; 4) The supplier is responsible for delivery and not liable for out-of-stock items; 5) The buyer must inspect and notify the supplier of any issues within 3 days or the delivery is deemed accepted.
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SUPPLIER AND BUYER AGREEMENT
This SUPPLIER AND BUYER AGREEMENT (“Agreement” for
brevity) made and entered on __________ at ____________ by and between:
BONIFACIO C. MALIGALIG, doing business as
FLORA 4 U FLOWER SHOP, of legal age, Filipino and office address at President JP Laurel Highway, Tanauan City, hereinafter referred to as “SUPPLIER”;
and
________________, doing business as _______________,
of leg age, Filipino and address at _____________, hereinafter referred to as “BUYER”
SUPPLIER AND BUYER, collectively referred to as
“PARTIES”.
WHEREAS, SUPPLIER is engaged in the business of supplying
imported fresh flowers to local flower shops;
WHEREAS, BUYER owns a flower shop at ___________ and sells
both imported and local flowers;
WHEREAS, SUPPLIER has offered to supply and BUYER has
accepted to buy imported flowers as described and at prices specified in the list attached as Annex “A” and the official invoice subject to the terms and conditions herein;
NOW, THEREFORE, for and in consideration of the above
premises and of the mutual covenants and stipulations herein contained, the PARTIES agree as follows:
1. TERM
This Agreement shall commence on _______ and terminate on
______ which may be extended in writing by the parties hereto.
2. GOODS (“FLOWERS”)
The BUYER shall provide the final list of orders of flowers (Annex “A”) at least ______ days prior to expected date of delivery. The list shall include the description of the item and quantity. Any amendment or changes shall be made in writing or thru electronic mail/FB messenger agreed upon by both parties.
3. PRICE
The SUPPLIER shall provide the fixed price per item described therein prior to the receipt of the final list of orders.
4. DEPOSIT The BUYER shall pay a deposit of fifty per cent (50%) of the total price of the final list of orders. The deposit will be due upon receipt of the final list of orders.
The deposit is non-refundable but will be applied to the total
amount due as indicated in the official invoice.
5. INVOICING AND PAYMENT
Unless otherwise agreed upon by the Parties in writing, BUYER
shall pay the balance of the Purchase Price upon receipt of the Goods by issuing a check or by paying in cash. The same shall be settled in full seven (7) days from the date of receipt of the flowers.
Overdue invoices shall be subject to a monthly interest of _____
Percent (____%).
All payments under this Agreement can be paid as follows:
a. BDO Account Number: 006300317241 Account Name: BONIFACIO MALIGALIG
b. EASTWEST Account Number: 200041738587 Account Name: FLORA 4 U FLOWERSHOP
BUYER shall be in breach of this Agreement if BUYER fails to
make timely payments on any amount due under this Agreement. Upon BUYER’s breach, SUPPLIER may, at its sole and exclusive discretion and upon notice to BUYER, extrajudicially rescind this Agreement, and pursue any rights and remedies available to SUPPLIER under this Agreement and the law on account of said breach, including, if applicable, recovering the cost of the suits and attorney’s fees.
6. DELIVERY AND ACCEPTANCE
The Flowers will be delivered to BUYER on agreed dates as
confirmed by the (check name BROKER?). In case the BUYER’s order was offloaded in the shipment, SUPPLIER shall not be liable.
BUYER shall inspect the Flowers upon receipt and, if found to
have any damages in terms of the quality or condition of the Good, BUYER must notify SUPPLIER immediately and not later than three (3) days by providing proof of damages such as but not limited to videos and pictures of the Flowers upon delivery by the (Broker?). After the lapse of three (3) days then it is understood that everything is in order and in good condition. Said notification must specify the damage in detail. Failure to provide notice and the required proof shall constitute a complete and irrevocable acceptance by the BUYER and admission that the Flowers was delivered in good condition and BUYER shall therefore waive any and all claims regarding or related to the Flowers. Any claims due to damages shall be subject to the final decision of the SUPPLIER.
Once the shipment has been delivered, the BUYER shall provide the list of flowers received. Failure to provide such notice shall be deemed admission that the quantity delivered is accurate. In case of shortage of flowers, this will be subject to the SUPPLIER’s decision.
7. LIMITATION OF LIABILITY
In no event will the SUPPLIER’s liability exceed the Purchase Price
paid by the BUYER, for any cause of action or future claim. BUYER hereby acknowledges and agrees that SUPPLIER is not liable for any special, indirect, consequential, or punitive damages, including but not limited to lost profits and/or of business, arising out of ore relating to this Agreement in any way.
8. FORCE MAJEURE
Neither Party shall be liable to the other for failure to perform due to causes beyond its reasonable control including but not limited to, acts of God, acts of civil authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen events or though foreseen could not be reasonably avoided.
9. VENUE OF ACTION
All actions arising out or by virtue of this Agreement shall only be
file in the proper courts of Tanauan City, to the exclusion of all other courts. (Are you sure?)
10.SEVERABILITY
If any provision of this AGREEMENT is declared void, invalid
or unlawful by any court or tribunal of competent jurisdiction, then such provision will be deemed severed from the remainder of this AGREEMENT and the balance will remain in full force and effect. The PARTIES will undertake to replace such provision with valid and enforceable provisions, which, in their commercial effect, approximate as closely as possible the intentions of the PARTIES as expressed in the void, invalid or unlawful provision.
(Name of Buyer) BUYER Signature Date
(Name of Supplier) SUPPLIER Signature Date ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
)S.S.
BEFORE ME, a Notary Public in and for _________________ on this
_____ day of ___________________, personally appeared the following:
Name Government ID
all known to me and to me known to be the same persons who
executed the foregoing instrument consisting of ___ pages, including this page where the acknowledgment is written, duly signed by the parties and their instrumental witnesses at the spaces herein provided,
WITNESS MY HAND AND SEAL on the date and place first above written.
