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Mould contract - Version 3

The following document acts as a legal contract and outlines the working terms for the sale of a mould and the limited rights of use of the designed model.

AGREEMENT FOR MOULD SALE AND LIMITED RIGHTS OF USE OF EYEWARE MODEL

Client: ENTER YOUR NAME, from ENTER YOUR COMPANY NAME. Herein referred as CLIENT.

Client Contact: CLIENT CONTACT EMAIL ADDRESS

Object of contract: Mould sale and limited rights of use of the designs. Herein referred as AGREEMENT.

Designers: Marc Benito Padró and Aniol López Pradas. Herein referred as DESIGNER.

Designer Contact: [email protected]

Date of the contract: 14th of April 2020

Project Deadline: Shipping six weeks after receiving payment.

Total Cost: € 3100 ( + VAT, shipping costs and possible taxes, if applicable)

SUMMARY

The following document acts as a legal contract and outlines the working terms for the sale of a mould and the limited rights of use of the designed model.

ENTER YOUR NAME from ENTER YOUR COMPANY NAME is purchasing from Marc Benito Padró and Aniol López Pradas, from Esfèrica, the physical mould to produce the model ENTER MODEL NAME and the limited rights to sell the products made with it.

The total price for the sale is € 3100 ( + VAT, shipping costs and possible taxes, if applicable). The agreed payment plan is at the FOURTH condition of the AGREEMENT.

AGREEMENT

Both, the CLIENT and the DESIGNER agree to validate this contract of sale of goods and limited rights using the following conditions:

FIRST

This contract is for the purchase of a physical mould and the limited right of use of the eyeware models indicated in the SUMMARY for its commercial purpose in all parts of the world except the continent of Europe.

SECOND

The elements subject to this AGREEMENT are four milled aluminum parts with screws as closing system that allow the CLIENT to inject the model of eyeware mentioned in the SUMMARY part of this AGREEMENT.

THIRD

The physical object subject to this contract will be delivered in a six week period after the payment has been received. The transportation fees of the object will be responsability of the CLIENT. The DESIGNER, however, will provide the most adequate service for the interests of the CLIENT.

FOURTH

The payment will be made through bank transfer to the IBAN account ES21 1491 0001 2130 0009 7110 and BIC/SWIFT code TRIOESMMXXX in Triodos Bank and directed to the name of Marc Benito Padró or Aniol López Pradas. Any expenses derived from transferring the amount will be responsability of the CLIENT. The DESIGNER is obliged to communicate the CLIENT the receipt of the amount. The mould will be shipped no later than six weeks after receiving payment, although the DESIGNER is to lower this lead times if possible.

FIFTH

All taxes that might arise related to the formalisation, accomplishment or extintion of this AGREEMENT, as well as those related to the shipping of the goods and import taxes will be responsability of the CLIENT.

SIXTH

The formation, construction, performance and enforcement of this AGREEMENT shall be in accordance with the laws of the Spanish Kingdom and Barcelona without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction.

SEVENTH

If for any reason extra costs incur during the project (eg required changes) nothing will be purchased without prior discussion with the CLIENT. If a paid resource is required and the CLIENT agrees that it is necessary, the cost will be responsability of the CLIENT.

EIGHTH

The CLIENT has the power and ability to enter into this contract on behalf of his or her company or organization. The CLIENT agrees to provide the DESIGNER with everything needed complete the project including text and other information as and when is needed, and in the format that is asked for. The CLIENT agrees to review the work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and the CLIENT will also be bound by any dates that are set together. The CLIENT also agrees to stick to the payment schedule set out at the FOURTH condition of this AGREEMENT.

NINETH

The purchase of this mould allows for the CLIENT to use the products manufactured with it for commercial purposes in all areas of the world with the exception of the continent of EUROPE. The purchase of this mould does not allow the CLIENT to resell the mould without the DESIGNER authorisation. However, the DESIGNER will be forced to accept this sale if the new owner accepts and signes this AGREEMENT, receiving no economical compensation for it.

TENTH

The CLIENT accepts that all products manufactured with this mould will have the inscription ‘design by fos.barcelona’ in the interior of one of the temples. The inscription cannot be removed by any means from the mould or from the manufactured product.

ELEVENTH

The copyrights of the mould and the eyeware model will belong only to the DESIGNER, who will keep the right to use them as they wish.

TWELFTH

The DESIGNER cannot revoke the permissions given by this contract from the CLIENT at no point in time.

THIRTEENTH

A product of each mould will be injected prior to shipping to ensure the working condition of it is correct. The temples and frame injected will be shipped together with the mould as proof of correct working order of the mould.

FOURTEENTH

When selling products in the Precious Plastic Bazar, the CLIENT will not sell the products produced with the moulds affected by this AGREEMENT at a lower price than the one marked by Esfèrica or FOS, to prevent a price war.

FIFTEENTH

The CLIENT declares to understand the conditions of this AGREEMENT and the need of finding the right suppliers for lenses that are within the quality standard of the country of the CLIENT.

SIXTEENTH

The documentation sent along with the purchase of the mould and limited rights of use is to be used only by the CLIENT. The CLIENT has no rights to reproduce, share or sell the information contained in the documentation.

SEVENTEENTH

The DESIGNER has no responsability related to the products fabricated by the CLIENT that might affect a third party. It is the CLIENT’s responsability to ensure the product is safe and up to the needed standards of each country where the product is manufactured for.

EIGHTEENTH

The price of the selling agreement is of three thousand one hundred EUROS (3100€), in conformity to both CLIENT and DESIGNER. This does not include the VAT, import taxes or shipping price that might apply.

NINETEENTH

The CLIENT declares to have understood the terms and conditions stated in this contract by signing it.

By signing this document, the CLIENT declares to have understood and accepted all conditions of this four pages AGREEMENT.

Location, date and signature of the CLIENT

Location, date and signature of the DESIGNER

end of document