Vendor Agreement

This Vendor Agreement (the “Agreement”), is entered into this day of month year, provides for the terms and conditions governing the contractual relations between the following parties who agree to be bound by this Agreement: Makers Mart and the Vendor.

WHEREAS, Vendor owns right and title to the commodities (the “Merchandise”), 

WHEREAS, Makers Mart desires to display the items on the website with the intention of selling the said merchandise on behalf of the Vendor;

NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the Vendor and Makers Mart (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:

  1. GOODS. Refer to our Terms and Conditions for the products that may be sold on Makersmart.co.za  
  2. RIGHT AND TITLE. The vendor owns the Merchandise until the same is purchased or to the terms agreed upon by the Parties.
  3. RIGHT TO LIMITED USE AND SELL. Vendor grants Makers Mart the right to sell the Product. Makers Mart is likewise granted the right to display and sell the Merchandise in a way the Makers Mart finds it deemed best for said Merchandise to possibly be sold, but nonetheless in accordance with the terms and conditions specified in this Agreement.
  4. PRICING. The Vendor agrees to NOT sell his/her product at a lower price on any other platform. Failure to adhere to this rule may lead to automatic suspension of the Vendor from Makersmart.co.za
  5. COMMISSION FEE. Makers Mart shall be entitled to a 15 percent (15%) commission of the full purchase price of each transaction (order), with a minimum of R15.00 per order. Example 1: You sell three items of R50 in one order for a total value of R150. The commission on this will be R18.00. Example 2: you sell the same three items, but in three orders of R50 each. The commission charged will be 3 x R15 (the minimum commission fee) for a total of R45, and not 3 x R6 (12% of R50).
  6. PAYMENT REQUEST FEE. Makers Mart will charge a flat rate of R12 for every payment request. Pay out can be arranged per transaction or at the end of each month or at Vendor preference.
  7. PAYMENT DELIVERY. Makers Mart shall deliver payment of sales, less the Commission Fee and Payment Request Fee once the payment has cleared in our Payfast account. A minimum payout amount of R100 will apply.
  8. DELIVERY EXPENSES. Each vendor shall determine his/her own postage structure. Postage paid by buyers will be paid over to the vendor by Makers Mart without any commissions being applied. However, for shipping charges over R120 a payment handling fee of 4.5% will be charged.

FORTUITOUS EVENT. No Party shall be held liable in case of a fortuitous event and by which parties are not at fault, or by acts of God which parties could not have reasonably foreseen or foreseen but could have been avoided.

INDEMNITY. Each Party hereby agrees to indemnify and hold harmless the other, their employees, representatives, and assigns, against any and all damage, liability and loss, and other damages that may arise or otherwise related to this Agreement except in such that a competent court finds that one Party caused deliberate damage, liability, or loss through bad faith, wilful misconduct, or gross negligence, in which case no indemnification shall be provided for the said Party.

MODIFICATION. No amendments, changes, or modifications to this Agreement shall be considered to have been made and valid unless otherwise made in writing, agreed upon and signed by both Parties.

COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute as one and the same Agreement.

NON-TRANSFERABILITY. This Agreement may not be assigned, alienated, attached, pledged, or otherwise sold to any party in whole or in part.

ASSIGNMENT. This Agreement inures the benefit of and is binding upon the assigns, heirs, respective successors, and legal representatives.

TERMINATION. This Agreement will begin at the time of the date of its execution, and upon signing of the Parties and will cease upon express written intent of any of the Parties herein.

IN WITNESS WHEREOF, the Parties hereunto has executed this Agreement, on the day and year set forth below.