1. Rafeeq Al-Tawreed for E-Marketing hereinafter shall be referred to as the “company” and the applicant is referred to as the “Supplier”.
2. The Introduction as detailed in Paragraph “first and second” above, this Agreement’s Annexes and Attachments as shown below shall be considered an integral part of this Agreement.
3. Both parties undertake at any time during or after this Agreement expiry and for a period not less than ten years to maintain the confidentiality of all data and information of any nature or type obtained by the Supplier from the Company or obtained by the Supplier’s subsidiaries, employees or management verbally, in writing, or any written or digital information, directly or indirectly, and undertakes not to disclose such information or data to any third parties for any reason whatsoever.
4. The Supplier is committed to provide all information about his Products’ Packages’ contents and its packaging, size and weight, as well safety data sheet(s) and other certificates as required for sale and use in addition to all technical and commercial approvals issued for every product from its manufacturers, approving parties, laboratories, engineering and users of Suppliers’ Products in addition to certificates of conformity from the authorities approving parties for each Product in accordance with the nature of the product.
5. The Supplier confirms that he is the manufacturer/an authorized distributor of the Products provided on company’s platform and has full authority to delegate third parties to use Products’ logos and trademarks.
6. The Company prefers to deal with the manufacturers or official agents of the Products offered on company’s platform and the Company does not take any commercial, legal or other responsibilities or liabilities in the event that non-official Products’ agents uses company’s platform to sell other agents’ or manufacturers’ products (local or international) and that, the affected party or supplier may sue those at-fault bodies directly. The Company does not take any liabilities or responsibilities whatsoever and the Products’ supplier and or Agent shall exempt the Company from any and all liabilities or responsibilities commercial and or legal. The Company, however, may provide information relating to the use of company’s platform by others in conjunction with the Supplier’s Products against an official written request from the Supplier or the legal authorized party in the Kingdom of Saudi Arabia. Company provided information shall be limited to providing the information from company’s platform and shall be exempted from any responsibilities and or details and or direct legal or commercial involvement whatsoever.
7. The Supplier authorizes the Company to use its Products’ trademark or Products’ trademarks displayed or approved for display by Company on company to publish Supplier’s Products’ trademark(s) on Company’s website or on Company’s commercial adds for the purpose of promoting Supplier’s Products’ sale in line with Company’s need to display Supplier’s products and services.
8. The Supplier undertakes to interact to RFQ’s, inquiries and purchase orders issued by the customers against Supplier’s product listings on the platform. In the event that the supplier fails to update his prices or product information before the expiry date, the supplier is committed to provide the same pricing, delivery time (if available) whether information on form of product listing or quotations.
9. The Supplier undertakes that his Products as provided to the Company under this Agreement are manufactured in line with the specifications and international and local quality standards, inspected and tested and confirms to the in-kingdom warranty requirements, rules and regulations in accordance with the provisions and laws in force in Saudi Arabia. Supplier is committed to provide warranty, services and spare parts for its products in accordance with the provisions and laws of the Kingdom of Saudi Arabia and the warranty periods applicable to each product.
10. Neither party shall be held liable for any failure, failure or delay in the execution of their duties in this Agreement for reasons beyond their control including but not limited to force majeure, and / or for the execution of government orders or / and because of wars or / and any hostile or hostile acts; Accidents or any other natural damages and other similar circumstances.
11. The liability of each party in the event of failure, deficiency or delay in the execution of the agreed work due to reason as provide in point # (10) above, shall be determined by paying what may be received from the Customer. In such incidents, no party shall bear any other expenses to words the other including any expenses related to production or work breakdown, consequences damages or any other whatsoever.
12. The Parties undertake to work to fulfill their responsibilities honestly, diligently and to demonstrate that in his plan, work, and provide alternatives and ways to commit to their responsibilities and fulfill their obligations without reluctance or delay.
13. The company has the right to update general terms and conditions and usage policy based written notice to the supplier. In case the supplier, does not accept the charges, supplier is obliged to notify the company with a written letter.
14. This Agreement is governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia, In case of disagreement over the provisions of this agreement or its concept, the two parties shall settle it in line with the concern court in the Kingdom of Saudi Arabia.
15. Agreement Duration: The Agreement duration is made for three years from the date of the issuance and signing date by both parties.
16. Agreement Termination: This Agreement shall expire on the expiry of its fixed term and a written request from any of the parties to terminate this Agreement three months prior to this Agreement expiry date and the complete settlement of accounts between the Parties. The Company shall have the right to terminate this Agreement with the Supplier at any time if the Supplier breaches any of its obligations contained in this Agreement. Termination shall not affect any ongoing obligations between suppliers and his customers.
17. This Agreement and its documents shall constitute the entire agreement between the Parties. Any prior agreement, understanding or correspondence between the Parties shall be null and void. This Agreement may only be amended by written understanding mutually signed by both the Supplier and the Company.
18. Both Parties (Company and Supplier) undertakes that the person who signed this agreement on behalf of the Company or the Supplier are the authorized persons and or the persons who have been delegated the authority by the parties management or the owners decision to sign this Agreement in line with the Kingdom rules and regulations.
19. In the event of any conflict of interpretation between this agreement and any translation, the original Arabic version shall prevail.
