VENDOR TERMS & CONDITIONS
These terms and conditions are the contract between you (hereinafter referred to as the Store) and UBench Fitness Company (hereinafter referred to as UBench).
UBench Fitness Company Pty Ltd (Reg Number 2020/675830/07) incorporated in South Africa.
Our Contract:
o UBench will provide the designated Store with an advertisement stand that the consumer will be able to scan a specific QR Code that will link the consumer to UBench Fitness Company’s website.
o Your Store will be allocated a specific discount code that the consumer will use to redeem a discount.
o No discounts will be passed on sale items. If the consumer purchases a sale item, the designated Store will still make the commission agreed upon.
o This discount code will be linked to a live backend web portal (Dashboard) where you as the Store can manage your progress on sales and commissions due.
o Each Store will have their own login and password details to manage their progress on sales.
Payment info and steps:
o All Stores will need to manage their Dashboard and invoice UBench for commission due.
o Commission percentages will be paid on the ex-Vat amount for the full sale.
o Invoice runs are the last week of every month. This can be set up weekly depending on the Store’s requirements and agreed upon terms.
o Once an invoice is received it will be paid within 48 hours if no discrepancies are found.
o All invoices are to be sent to info@ubench.co.za for review and payment.
o All payments are done via EFT to the specific banking details provided.
o If UBench does or could earn interest on any cash balance in their control for the period between payment by a customer and our accounting to the Store, we are free to keep that interest and have no obligation to account to the Store for it.
o UBench may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.
The Selling Procedure:
o Products offered by UBench are of high quality.
o All aftersales services will be provided to the consumer by UBench.
o Once a product is delivered it will be closed-off on your dashboard and that specific commission fee will become available for invoicing.
Miscellaneous Matters:
o The Store undertakes to provide UBench with your current street address, e-mail address and telephone number as often as they are changed, together with all information that we may require in order to enable us to fulfil our obligations under this contract.
o So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
o If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
o Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
o No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
o You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
o Any communication to be served on either of us by the other shall be delivered by hand or sent by courier services or recorded delivery or by e-mail.
o It shall be deemed to have been delivered:
ü if delivered by hand; on the day of delivery;
ü if sent by post to the correct address; within 72 hours of posting;
ü if sent by email to the address from which the receiving party has last sent an email; within 24 hours if no notice of non-receipt has been received by the sender.
o In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
o So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
o UBench shall not be liable for any failure or delay in our performance of this agreement, which is caused by circumstances beyond our reasonable control, including any labour dispute.
o In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
o The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Africa and you agree that any dispute arising from it shall be litigated only in that country.
