Information form & TC Retail clients

CLIENT INFORMATION FORM Registered Company name: Trading as: Registration N0: VAT Registration N0: Names of Partners/Members/Directors 1) 2) 3) Contact person: Telephone: Cell phone: Fax: Email: Website address: Reciprocal link

I agree to have a reciprocal link between my website and I allow DC website.

YES NO Please supply jpeg logo if you want us to add a link

Postal address(invoice): Po box City Postal code

Delivery address: Street Suburb City & code Region Country Activity: Retail shop Interior decorator / designer Others, please specify company activity Retail store location: Shopping Mall name Street Suburb City & code Region Country Retail store profile: Type of store (gift/decoration/home ware/art gallery) Other pewter products stocked DC Ranges intended to be stocked Closest DC retailer to the store Retail Initial order (rands) Minimum Retail annual purchases required to keep retail agency Freight option (all clients) – Please choose one option::

R10 000 excluding delivery charges R24 000 excluding delivery charges Own courier to collect DC to organize courier

RETAIL TERMS AND CONDITIONS OF SALES

1)

PARTIES: In these conditions of sales, unless inconsistent with the context: a)

“DC” means Diana Carmichael Artworks CC

b)

“The customer” is a retailer who wishes to buy goods, for resale to the public

2)

RETAIL: Goods purchased by the customer may only be utilized by the company for the purpose of resale to the public, at agreed retail premises.

3)

RETAIL LOCATION: Should the customer wish to change their retail address, prior consent from DC should be obtained.

4)

DISPLAY: All DC’s collections shall be tastefully displayed separately from other pewter products and be kept in good condition in the DC display unit. A Diana Carmichael display card will be supplied to display with the products. No discounts may be displayed or advertised.

5)

MINIMUM INITIAL ORDER: The minimum initial order is to be R 10 000. A 50% deposit is required with the initial order.

6)

ANNUAL TARGET: A minimum annual sales target of R24 000 is required in order to retain the DC agency. This target will be reviewed annually, effective for one year. Failure to meet the target will result in the discontinuation of the DC agency.

7)

ORDERS: All orders are to be in writing and faxed to (011) 477 2269 or emailed to sales@dianacarmichael.co.za, on the order form supplied by DC. All orders are to be signed by an authorized representative of the customer. Telephonic orders shall be confirmed in writing.

8)

LEADTIME: Upon confirmation of the order, DC will manufacture and dispatch the order within a maximum of 6 weeks, except during the Festive season (September to December).

9)

BACKORDERS: Items on back order will be delivered on arrival of stock, unless previously cancelled in writing.

10) CANCELLATION: Any cancellation shall be made in writing by the customer.

11) PRICES: All prices are all inclusive of packaging but exclusive of VAT & freight.

12) STANDARD PAYMENT TERMS: Payment is required before goods are dispatched and there is no discount on early settlement. Please note that orders not paid within 7 days of date of invoice will be returned to stock.

13) PAYMENT MODES: Electronic transfers, bank deposits are accepted modes of payment. We do not accept cheques.

14) OVERDUE ACCOUNTS: Failure to settle your account on time will result in the cancellation of your credit facility.

15) CREDIT FACILITY: Credit applications are only available after 6 months of regular trading. A minimum monthly purchase of R5000 is required to keep your credit facility active. If not, the credit facility will automatically be cancelled. Prepayment will then be required before orders are dispatched.

16) SURETY: Where DC offers a credit facility, the customer shall be required to complete and submit such Surety ship and Credit Control forms, as DC requires. The maximum credit terms granted are 30 days from date of invoice.

17) OWNERSHIP OF GOODS: Ownership of the goods purchased shall remain vested in DC until they have been paid for in full. In the event of the customer failing to make payment of any amounts due to the supplier on due date, DC shall be entitled to apply for the immediate re-possession of its goods not so paid for.

18) FREIGHT: The customer will be charged for all courier costs. The risk shall pass to the customer immediately upon collection of the goods by the courier company. The customer may send his courier company to collect.

19) RECOMMENDED RETAIL SELLING PRICES: The customer is encouraged to always resell DC’s products as per the suggested selling prices. Discounts are discouraged as they have a negative effect on the brand image.

20) PRICE INCREASE: There is normally an annual price increase, but it does not exclude price adjustments during the year. It is recommended that retail selling prices be amended as per the new recommended selling prices within one month of the price increase and that these prices also be applied to stock on hand at the time of the increase.

21) CLAIMS: Claims for shortages or damages must be submitted within 72 hours after delivery of goods and confirmed in writing otherwise the claim will not be processed.

22) RETURNS: a)

DEFECTIVE GOODS i)

On receipt of the product DC will assess the cause of the damage and the repair required. DC reserves the right to accept or reject the claim and to repair or replace the product. The fault may be a factory fault of due to client negligence and will accordingly be treated us follows:

ii)

Factory Fault: - Defective products will be repaired or replaced by DC if returned within 14 days of collection or delivery, in the original packaging. The customer is obligated to obtain a signed receipt of any goods returned. If DC accepts the cause the cost of freight will be for DC’s account.

iii) Client’s Negligence: Cost of repairs and freight will be for the customer’s account. b)

UNDAMAGED GOODS: Undamaged goods may be returned at the sole discretion of DC which DC will confirm in writing. In the event of such goods being returned, DC shall levy a handling fee of 20% of the invoiced value of the goods so returned. Freight cost for the customer’s account.

23) REPOLISHING: It is understood that goods are to be cleaned in terms of the cleaning instructions provided

by DC. DC will provide a repolishing service for all goods, equivalent to 20% of the current wholesale value of the returned goods

24) ANNUAL SHUT DOWN: DC’s Head offices and factory are closed between Christmas and New Year of every year.

25) JURISDICTION: The customer consents to the jurisdiction of the Johannesburg Magistrate’s court in all actions arising out of the sale of goods by DC to the customer.

26) AMENDMENTS: No amendment or variation of the terms hereof shall be of any force or effect unless reduced to writing and signed on behalf of each of the parties hereto.

27) BINDING TERMS: These standard conditions of sale apply to all buyers of DC products and on purchase of product are accepted by the buyer as being binding on the buyer.

28) LEGAL ADDRESS: The customers physical store address and DC’s office address, being 41 Richard Drive, 1709 Industria North are to be used by the parties for all matters relating to the serving or delivery of legal documents.

Date

Signature

Name & Company Stamp

Thank you for your time and your interest in Diana Carmichael’s Collections