Hereinafter referred to as “the Distributor” is hereby appointed an Independent Distributor with authority (but without any obligation) to sell the products of Grace Cosmetics, Grace Designer Jewellery, Pro-Ma Optimum Health, Pro-Ma Performance Products and Pro-Ma Home Products, trading as Pro-Ma Systems.
The parties agree that:
- The Distributor is hereby authorised to (but is not under any obligation to) seek orders and to sell any where in their country of registration the products of the Company. This is not a contract for the supply of services or the performance of any work by the Distributor.
- The Distributor may at their own expense engage or employ others to conduct or assist them in conducting their activities as a Distributor as they may from time to time think fit, provided that in selecting such persons they shall ensure that they are of a character and appearance which will not cause the reputation of the Company to suffer.
- There are no restrictions placed on the Distributor as to territory within their respective country of registration.
- The Distributor is an independent contractor in business on his/her own account and not an employee of the Company and is not an agent of the Company for any purpose whatsoever and will not hold him/herself out to be otherwise. The Company shall not be responsible for any sick leave, PAYG taxation or similar matters, and accepts no responsibility for the procuring or establishment of workers compensation insurance or other insurance or any superannuation in respect of the operations of the Distributor here under.
- The Distributor will send to the Company with each order for the products, payment in a form accepted by the Company covering the wholesale price or other agreed price of the products ordered.
- The Distributor will bear all costs and expenses incurred by his/her connection with his/her activities and he/she hereby indemnifies and keeps the Company indemnified against all actions, proceedings, liabilities, claims, damages, costs and expenses arising out of or in any way relating to his/her activities hereunder, except such as related to the inherent quality and fitness of the Company’s products for which the Company is responsible.
- The Distributor may terminate this Agreement at any time by written notice to the Company at its Head Office.
- This Agreement shall be governed by laws of the State or Province in which the Company was incorporated, in each Country of operation.
- This Agreement is subject to acceptance by the Company at its Head Office in each country, which acceptance shall be deemed to occur upon the sending to the Distributor by the Company a letter of acceptance, duly signed by an Officer of the Company authorised to do so.
- The Distributor shall pay to the Company an annual Renewal Fee as published in each country. The Renewal Fee will be payable upon the expiration of one year from the date hereof and thereafter at one yearly intervals.
- The Distributor agrees to abide by the written Policies and Procedures of the Company, as contained in the Pro-Ma Distributor Kit and agrees that such Policies and Procedures may be amended from time to time. If the Distributor does anything which is contrary to the Company’s best interests, the Company may terminate this Agreement by notice in writing to the Distributor at his/her address last known to the Company.
- As a Distributor of Pro-Ma Systems, I agree to the Company collecting and storing the personal information herein and using it in carrying out their duties under this program. I further consent to the Company transferring my personal information to my Pro-Ma Distributor as may be required.
- This document constitutes the entire agreement between the Company and the Distributor and no representations or warranties have been made or given by the Company or any of its representatives to the Distributor other than those set forth in this Agreement. The terms of this Agreement can only be varied by agreement between the parties hereto.
You must sign up with a 15 point Easy Autoship Order to waive the $30 Registration fee. You will have to pay the $30 Registration fee if an order under 15 points is made. By accepting the credit card authorisation, I authorise Pro-Ma Systems to enrol me in the Monthly Autoship Order and to ship to me the products I choose on a monthly basis.
I hereby authorise the Company to withdraw payments from my credit card on the due date specified. Pro-Ma Systems is under no obligation to ship any products to me if the authorised credit card amount is overdrawn or for whatever reason is closed or invalid.
If any changes are required to be made to the Monthly Autoship Order (eg, quantity, product or method of payment) the Company must be notified either in writing or by phone at least 5 working days before the action date.
If more than one authorisation has been placed on file the most recent form will supercede previous authorisations.
To cancel a Monthly Autoship Order, notification must be received within 5 working days prior to the action date of that order.
Pro-Ma Systems will not be liable to me for special or consequential damages whether direct or indirect for a wrongful debit to my account.
After my account has been charged by my financial institution, I have the right to have the amount of any erroneous debit immediately credited to my account, up to 15 days following issuing of my credit card statement.