Supplier Agreement
This document serves as a contract made between
The Parties:
DayCapital, also called Loaves, with its place of business in The Netherlands, •
at Van Der Sterrweg 15-100, 1784Nr, Den Helder, The Netherlands. Duly represented
in this matter by Jeromy Day
hereinafter referred to as: ‘Client’;
and:
Dayone Fulfillment Co.Ltd,also called Youxi Pufeikete Guoji Maoyi •
Youxiangongsi with its place of business in China at .Rm808 Block A
Zhongguanxilu 1277# Zhenhaiqu Ningbo,315201,China, duly represented in this
matter by Mr Henry Cao,
hereinafter referred to as: ‘Supplier’;
hereinafter jointly referred to as: ‘Parties’;
Whereas:
The Client runs a business engaged in (inter alia) drop shipping; •
The Supplier runs a business engaged in (inter alia) sourcing, storing, packing •
and shipping products;
The Client requires the services of the Supplier; •
The parties wish to lay down the conditions of this service in the present •
Supplier agreement;
Scope
The purpose of this Agreement is to set out the provisions of under which Supplier will
provide services as described as following clause.
Services:
The supplier shall provide the following services:
The Parties Agree as follows:
Art. 1 Term
Parties agree that the term of the Agreement shall commence on its below written effective
date and shall continue as long as it is mutually agreed.
Art. 2 Cancellation
Each party shall have ability to terminate this Agreement for good cause. If client or Supplier
is not satisfied with the program defined by this Agreement, and the results thereof, either
party may terminate this Agreement at any time with written notice to the other
aforementioned party.
Art. 3 Supplier’s Role
Supplier will provide product fulfillment for all sales obtained by Client. The client
understands that Supplier is not involved in the actual transaction between the Client and the
customer.
Art. 4 Shipping and Process
All sales and/or orders will be processed by Supplier between 3 to 5 business days. Once the
Client make the payment to the Supplier.
Art. 5 Billing
Client can either pay via a deposit on the Dashboard or choose to pay all orders on a daily
basis. Orders will be processed after the Client has shared proof of payment to the Supplier.
Art. 6 Fees and Charges
Supplier will provide Client with a detailed listing of all items along with, but not limited to,
the price they will be charged for each item, shipping amounts and any and all other charges
which may be due in affiliation with each item.
Client will pay all fees, taxes and charges incurred with each item shipped by the Supplier
directly to the Customer. The price the Client charges for each item will be left solely to the
Client’s discretion.
Art. 7 Customs and Import Duties
Supplier is only allowed to use shipping methods that ensure that the customer pays customs
and import duties.
Art. 8 Return Policy
Supplier will provide a 7-day return policy during which a customer may return an item that
is undamaged, unworn, with tags still attached (at their own expense or on expense of Client).
Supplier will also provide a return/refund policy for any damaged or defective items as long
as any claims are placed within the agreed upon 7 days of the item being received. Supplier
will not provide any policy for any claims placed on an item after 7 days of being received.
Art. 9 Severability
If any provisions or sections of this Agreement shall be deemed unlawful, void or for any
reason unenforceable, then that provision or section shall be deemed severed from these
terms and conditions and shall not affect the validity and enforceability of any remaining
provisions.
Art. 10 Effectiveness and Dispute Resolution
This Agreement takes effect as of
This Agreement is governed by the laws of The Netherlands.
The Parties agree to resolve any disputes that may arise from this Agreement or ensuing. Any
dispute, controversy or claim arising out of or in relation to this Agreement, or the breach,
termination or invalidity thereof, shall be settled amicably by negotiation between the Parties
If the Parties fail to resolve such disputes amicably within 30 days after a dispute has arisen,
disputes shall be settled in accordance with the rules of arbitration of the Dutch court
( Netherlands Arbitration Institute ) , by one arbitrator and in the English language. The
arbitral award shall be final and binding.
The present Agreement as well as the arbitration agreement above shall be governed by
internationally accepted general principles of law and by the terms of the present Agreement,
to the exclusion of any single national system of law that would defer the Agreement to the
laws of any given jurisdiction.
This Agreement nullifies any prior Agreements and Agreements regarding applicable
conditions and may only be deviated from by written Agreement.
ART. 11 Force Majeure
If the force majeure affects the performance of the contract, the party that is subject to force
majeure shall promptly notify the other party and submit to the other party a sufficient and
valid proof of force majeure within a reasonable period after the end of force majeure.
Otherwise, the corresponding liability shall not be waived
Agreed on:
City: City: Ningbo
Date: 14-06-2024 Date: 14-06-2024
Mr: Jeromy Day Mr Henry Cao
on behalf of the Client on behalf of Supplier
J.j.Day
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