1. Rights Granted.
Beth Lifestyle Private Limited (BLPL) grants rights to sell its BETH range of products on a exclusive basis to its dealer. BLPL Reserves the right to grant additional dealership as the market demands. Dealer accepts the responsibility of customer interaction and support on both presales and post sales activities. Dealer also accepts to deal with all warranty related services through parts from BLPL.
Exclusivity: Exclusivity is the center of this appointment. This means Beth Living stores will an exclusive brand display for BETH or its partner brands. No other brands will be displayed or put up( products being part of the display is excluded) . Display of any other brands would be considered violation of the mutual exclusivity clause. Beth Lifestyle on its part would not be appointing another franchisee in its reasonable vicinity which ( 5 km radius in metros and tier 1 cities)
2. Products BLPL offers all the products under BETH range of products to its dealers for transactions. BLPL also assures to offer all future products under BETH brand to its dealers.
3. Geography: Franchisee will be entitled to promote his business in the reasonable vicinity of his presence. However, he may pursue unsolicited business enquires from any region
4. Supports To Dealer.
The dealer will be eligible for the following supports. (a) Involvement in Sales Promotional Programs Under Taken by BLPL (b) Training to Dealer Staff on Products and Projects (c) Training on service and installation activities. (d) Support from BLPLs Business Development Manager and Service/installation Manager. (e) Dealer shall be entitled to take decision on Warrantee in consultation with Service Department and make onward claim to the BLPL. Warranty shall be bound by Warranty Policy
5. Dealership Criteria:
Nonrefundable Signup Fee
Non refundable Software and training fee
Rs 3 lakhs( plus service tax)
Demo Unit display
According to City(aprox 6 to 8lakhs)
Total project investment
Rs.15 lakhs approx
5.1 Role of Dealer:
(a) Setting up of Display/Demo at the dealer showroom,
(b) Sales of products to end user
(c) Kitchen/interior planning and making quotations
(d) Helping the customer on site preparation
(e) Installation of kitchen
(f) Providing Service support to the customers in the region through Dealer employees (g) Assisting customer on online registration of warranty.
(h) dealer will co ordinate with the service department to resolve the any service/warranty issues.
(i) Recruiting maintain of a sales and installation team ( minimum team size one Sales Executive, One Sales co ordinator, and two installation technicians)
5.2 Role of BETH
(a) Support and knowledge transfer from sign up to Go live
(b) Lead generation for dealership
(c ) Support to dealer sales teams
( d) Training for sales,sales coordinator and installation team.
(e) adherence to supply and delivery quality
6. Terms of Sale. General terms of sale: 1. Dealer would be expected to place 50% of the order value at the time of placing the order. 2. Dealer is expected to pay the balance 50% of the order against confirmation from BLPL prior to dispatch. 3. Dealer is expected to place his first order for his showroom display once the dealership application is approved. 4. Dealer can also place order with 100% payment availing additional cash discount and faster delivery under the provisions of express deliveries.
Payment Terms would be as below: (a) Prices offered will be EX-Works Bangalore. (b) Non clearing of the consignment by the Customer/dealer would result in placing the balance order in suspended animation and would attract warehousing charges for the manufactured part.(c) All payments are to be made wide RTGS (d) transit insurance and damages thereon will be the responsibility of the dealer
The BLPL offers assured quality of Manufacture’s products supplied to the Dealer, under the warranty policy of the BLPL. Products are offered are on Ex-Works basis, dealer/Customer is entitle for a full inspection of goods prior to dispatch from the BLPLs factory on own cost. 4BLPL in no way be responsible for any defaults of payments statutory or otherwise.
Investment by dealer : In principle the dealer invests money into a his dealership subject to his due diligence. BLPL in no way shares any of the risk involved in the course of business.
9(a) Display at dealerships
The franchisee is expected to invest in the display .This investment is made at dealer price. As and when new products are introduced the dealer is entitled to sell the display with prior approval form BLPL at a discounted price. This discounted amount would be funded by BLPL as a credit note for new replacement display coming in its place.
1.The sales of display is only with the concent of BLPL
2. Replacement credit cannot be used for new product diplays.
9(b) Software License validity
The dealership will be provided with an online login for the use of the software. The software license will be valid as long as the franchisee franchiser relation exist. The license will loose validity as soon as the termination is initiated or the dealer resigns. No claim or refund of the license fee will be entertained .
10. Order processing(a) A qualified ORDER would be uploaded through www.bethliving.com and order acceptance would be provided to the dealer by BLPL upon receiving the necessary financial clearance. (b) Qualified orders will include the following 1. Irrevocable Firm Purchase Order throughbethkitchens.com 2. Advance as per the term vide RTGS c) BLPL will employ its best efforts to fill Dealer’s orders promptly and timely as per the requirement of the end customer d) Dealer will be informed well in time to make the balance payable payment.
11. Use of BETH brand.
Dealer is authorized to use BETH brand name, trademarks and logos in advertising and all promotional activities, on stationery and business cards, or on the dealer website. The logo and the style would be as provided by the BLPL as per its corporate identity. However this usage is subject to the clause 14 and 15 pertaining to termination.
12. Relationship of the Parties.
The relationship between BLPL and Dealer is that of BLPL and Dealer only and the employees of one party, shall under no circumstances, be deemed to the employees of other party. All communications regarding financial transaction or accepting financial liabilities will be communicated by the Director –Marketing of the BLPL. The dealer shall also indicate to the BLPL, in case if there is any change of ownership, address or key roles from what is mention in the dealer application www.bethliving.com
During the term of this Agreement and for Twelve (12) months following its termination, BLPL and the Dealer shall not mutually hire or offer any employment or other form of services, directly or indirectly, either alone or through its affiliates to any of the employees, agents or consultants of the Dealer assigned or introduced to BLPL under this Agreement.
The BLPL and Dealer agrees mutually that it will not contact, work or use, directly or indirectly, the clients/Staff/associates of the BLPL/Dealer for any business purpose without the written permission of the BLPL/Dealer during the tenure of this contract. The breach of this clause shall attract suitable monetary compensations and the affected party is entitled to seek other remedies as it deems fit for the loss or damages of financial as well as reputation of the BLPL/Dealer. However in the even to of written permission mutually agreed by either party this clause may be over looked.
This appointment, its acceptance and engaging in business with BLPL will make it binding on dealer, not to deal with any other brand which directly competing or not with BLPL. Any violation of this term will lead to termination of agreement subject to the terms 14 and 15 of this document.
15. Term and Termination.
(a) Parties may terminate this agreement at any time by written notice given to the other party not less than ninety (90) days prior to the effective date of such notice.
16. Obligations on Termination.
On termination of this Agreement, Dealer shall cease to be an authorized dealer. All the orders duly placed on the BLPL on or prior to the date of termination shall have to be executed by the BLPL as per the terms of this agreement. During the period of notice, both BLPL/Dealer will not enter into fresh contracts under this agreement. BLPL will have no financial obligation on any termination under any circumstances.
BLPL acknowledges all payments made towards signup fee and Software cost , however the same will be non refundable and no request on any refund or discount can be entertained under any circumstances.
On termination of this appointment , Dealer shall cease to be an authorized dealer. All the orders duly placed on the BLPL on or prior to the date of termination shall have to be supplied to the dealer by the BLPL as per the terms of this agreement. During the period of notice, both BLPL/Dealer will not enter into fresh contracts or book new orders through the same franchisee in question, under this agreement. Upon termination the dealer would stop using BETH style and brand with in a period of 30 days.
Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party through e-mail/fax or recognized courier services.
Beth Lifesyle Private Limited,
71/2, Sai Arcade, 2nd Floor ,
At the official address of the dealer.
18. No Waiver.
The waiver or failure of either party to exercise in any respect any right provided in this agreement shall not be deemed a waiver of any other right or remedy to which the party may been titled.
19. Force Majeure.
No Party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster),war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo etc. Any Party asserting Force Majeureas an excuse shall have the burden of proving that reasonable steps were taken (under the circumstances) to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other Party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.
20. Entirety of Agreement.
The terms and conditions set forth herein constitute the entire agreement between the parties and supersede any communications or previous agreements with respect to the subject matter of this Agreement. There are no written or oral understandings directly or indirectly related to this Agreement that are not set forth herein. No change can be made to this Agreement other than in writing and signed by both parties.
The digital acceptance on www.bethliving.com would be binding on both the parties would remain the terms of the business association
21. Governing Law.
This Agreement shall be construed and enforced according to the laws of the Union of India and any dispute arising out of this Agreement will be under Bangalore jurisdiction.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or
Unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included
23. Formal Sign off
Formal acceptance of this term done by the dealer on www.bethliving.com will be binding. The dealer appointment letter issued to the dealer will be in reference to the same and needs to be duly accepted by the dealer.
BLPL is in no way assuring any returns to its franchisee right holder. BLPL offers its ecosystem of products, brand and support as detailed in this document so as to enable the franchise right holder to do business. It is entreily the onus of the franchisee team to generate business thorough sales and sales conversion activities. BLPL expets franchisee to do his own due diligence on the risk and returns associated with the business. Singing of the LOI and the receipt of the Appointment Letter would imply that the franchisee right holder has decided based on his own due diligence.