DECLARATION cum UNDERTAKING
I, , aged about years, having
address at , do hereby state
on solemn affirmation under;
1. That I am working as a Distributor and running a Mini Pick- up
Center with E-Biotorium Network Pvt. Ltd. (Hereinafter called
and referred to as the “Company”) at
(Area) and that I have signed a Self
Declaration and/or Deed of Acceptance and have agreed the
terms and conditions as mentioned therein.
SIGN
2. I have understood/agreed and accepted that I have been hereby
appointed by the company as a NON-EXCLUSIVE
DISTRIBUTOR and I am an authorized NON-EXCLUSIVE
DISTRIBUTOR.
3. I understand that it is the policy of the company to sanction
only one pickup centre on one PAN card ID and accordingly I
am owning only one Pickup centre. If multiple pickup centres
are found on my PAN card, company may cancel the additional
sanction numbers and the pickup centres.
4. As a pickup center, I provide/deliver the company’s
Biomagnetic & Imitation Jewellery products to the clients
registered with the company by accepting the Product Pins
provided to them by the company. The accumulated Product
Pins are then exchanged for the products with either the District
Distributor or the company.
5. That from the date of execution of the Self Declaration and/or
Deed of Acceptance I have been collecting the products of the
Company from its manufacturing unit i.e. from E-Biotorium
Network Pvt. Ltd., Mira Gaon, Opp. A.P Marriage Ground,
Mira Road – East, Thane – 401107.
6. That the Company has appointed District Distributors in
various states having stock of the Company products required
by us (all the pickup centers) for the end consumers.
7. That I have requested the Company that I shall hereafter collect
the products directly from the registered District Distributors
so appointed by the Company.
8. That I have out of my own will made this request to the
Company, as the same is convenient for me to pick the products
from the District Distributors as that shall save in time and cost
of procuring stock and shall reduce other risk factors.
SIGN
9. That the Company has not in whatsoever manner approached
or owed me in any manner to collect the products from the
district distributor, but it is out of my own free will and my
personal convenience and gain that I have requested the
Company for the same at my own risk, cost and consequences.
10. That in adherence to the aforesaid, I shall also observe the
following obligation;
i) That for the purpose of the business of the Company, I shall
while dealing with prospective distributors, clearly identify
myself & disclose the identity of the Company including
address of the place of business of the Company, nature of
products manufactured and/or sold by the Company, and
also clearly communicate and/ or disclose to the
prospective distributors its associated risks and benefits of
the products of the Company.
ii) That I shall provide accurate and complete information with
respect to demonstration of the product of the Company, its
prices, terms of payment, return, exchange, refund policy to
the prospective distributors & shall not in any way hide any
material information about the products of the Company.
iii) That I shall provide my identity card issued by the Company
to the prospective distributor, prior to carrying out any sale
for and on behalf of the Company and shall also
show/display “Brochure” of the Company which would
contain brief description of the Company & description of
the products of the Company as and when demanded by the
prospective distributor.
iv) That I shall prior to the conclusion of sale with the
prospective distributor disclose the total consideration
amount which would be paid to the company, in case, the
Prospective distributors agree to buy the products of the
Company. I shall also disclose country of origin of the
products of the Company & shall provide right to
inspection, if the prospective distributor so desires, of the
products of the company at a mutually agreeable place and
time as may be decided between the prospective distributor
and me.
v) That I shall have a limited right to persuade the prospective
distributors to buy the products of the Companyand shall in
no means whatsoever use any coercive and/or unfair trade
practices which would directly and/or indirectly affect the
business of the company while dealingwith the prospective
distributors. Any contravention of this clause shall be my
sole responsibility and the Company shall not be in any way
responsible for the same.
vi) That it shall be my duty to protect all personal sensitive
information provided by the prospective distributor and
shall take reasonable care and precaution that the
information as provided shall not be disclosed to any third
party excluding the Company which may be adversarial to
the interests of the prospective distributors. Any
contravention of the present clause shall be my sole
responsibility and the Company shall not be in any way
responsible for the same.
vii) That I shall not visit the prospective distributors’
premises without the identity card and brochure as provided
by the Company and also shall not visit the premises of the
prospective distributors without prior appointment
convenient to the prospective distributors.
viii) That I shall not provide any prospect/brochure and/or
any fake description of the products which are not been
approved by the Company.
SIGN
ix) That I shall not in pursuance of a sale, make any claims that
are not consistent with the statements/product information
of the products authorized by the company.
x) That I shall not in pursuance of a sale mislead the
prospective distributors in purchasing the products of the
company by providing any information which are
inconsistent to the claims of utility of the products
manufactured by the company.
xi) That I shall not receive and/or demand any sale
consideration or any part of it pursuant to the sale of the
products of the Company in cash and/or in kind in his
personal and/or affiliates bank account. It shall be my non-
revocable obligation to provide the bank details of the
Company for the transfer of sale consideration of the
products of the Company.
xii) That I shall not demand any token money/earnest money
from the prospective distributors for the products ordered.
xiii) That I shall not sell the product above or below the
Distributor Sale Price and/or as specified by the company
in respect of products of the company from time to time.
xiv) That I shall not in any way put to sale the products of the
Company through any E-commerce medium and/or
platform.
xv) That I shall not disparage and/or defame the Company
in any manner in front of the prospective distributors.
11. That it is necessarily communicated to me that I shall be
owning only one Pick-up Centre as per the company policy and
the same shall be registered on Pan Number and in the event
wherein the company finds more than one Pick-up Centre, the
Company shall cancel my Distributorship with immediate
effect.
12. That as a Distributor it shall be my obligation and duty to
provide interrupted services to the company’s distributors
clients by accepting the product s as provided by the company
to its distributors/clients. The Products s as provided by the
company shall be then exchanged with the District Distributor
or Company for restocking the products.
13. That I cannot restock or refill the products of the company from
the district distributor or the company until I provide the
Company and/or the district distributor with the product pins
which I shall receive from the registered clients and/or the
customers, that I shall have to necessarily obtain the product
pins from the clients and/or the customers before delivering the
products to them, further that the pins obtained from such
clients and/or customers shall be submitted by me to the
Company and/or the district distributor for restocking
purposes.
14. Further, if I do not refill the stock taken from the company or
the District Distributor, at least once in a month, the Non-
replenishment of stock without exchanging/ handing over of
the product pins would be construed as I having sold the
productsin the open market which is strictly not allowed and
the company may suspend my Distributor ID and Sanction
number with its consequential effect of my pick up centre and
suspend the incentive and bonuses accrued on Distributor ID
as well as Sanction number of the pickup centre. Company may
further, institute disciplinary actions and penalize me for the
loss incurred by the company.
SIGN
15. It has been communicated to me that the Company does not
provide any warranty and/or guarantee and/or refund and/or
replacement and/or return of whatsoever nature of itsproducts.
In pursuance of the same, I shall compulsorily make known to
the prospective distributors of the said policy of the company
with reference to warranty and/or guarantee and/or Refund
and/or replacement and/or return while dealing with the prospective distributors.
Any adversarial claims made by me while dealing with prospective distributors
with respect to the above referred policies shall be my sole responsibility andthe
Company shall not in any way be held responsible for the same and/or be
required to fulfil the same.
16. That it shall be my duty to necessarily inform the prospective
distributors that the Company does not provide any insurance,
instalment or credit payment scheme for the products sold by
the Company. Any such representation made by me shall be
void and the Company shall not be in any way liable to be
obliged by the same.
17. That it shall be my duty to necessarily inform the prospective
distributors that they shall be solely responsible for the
products bought after inspection of the products of the
Company. Notwithstanding, in case, the goods tend to be
defective, prospective distributors would always have the
option not to accept the products in its defective condition of
which loss shall be borne by me if the goods were not defective
during the inspection done by me during pick up from
authorized centers of the Company.
18. That it shall be my duty to necessarily inform the prospective
distributors that though the products as offered by the
Company helps for providing health benefits, which may not
be tangible and/or apportioned and/or visibly seen, the
prospective distributor shall not in any way alter and/or modify
and/or change any medicines/prescriptions/medical treatments
as recommended to the prospective distributors by the
concerned doctor as may be hired by the prospective
distributor. Any deviations from the responsibility as specified
in this clause shall be my sole responsibility and the Company
shall not in any way be responsible for the same.
19. That it shall be my duty to necessarily inform the prospective
distributors that any claims made with respect to delivery of
the goods shall always be subjected to availability of stock of
the products ordered by the prospective distributors with the
Company.
20. That I shall after the confirmation of order by the prospective
distributors shall be required to do the following-
a. Immediately contact the company & enquire about the
availability of the stock of the product ordered by the
prospective distributors. In case of non-availability, the
same shall immediately be informed to the prospective
distributor without any delay or demur.
b. In case of availability, procure the product from the District
Distributors authorized/appointed by the Company. During
such procurement from authorized District Distributors, I
shall necessarily carry out thorough inspection of the
products for any defects of whatsoever nature. It shall be
only upon satisfaction of such inspection; I shall accept the
delivery of product from authorized District Distributors of
the company.
c. After such procurement upon satisfaction, I shall deliver
the product to the prospective distributors through any
mode as may be desirable. Notwithstanding anything, the
Company shall not be in any way be responsible for any
damage of whatsoever nature to the products during the
transit from the authorized District Distributors of the
Company.
If any damage is caused to the products as ordered by me
during transit, I shall be solely responsible for the same &
the company shall not in any way be asked to
replace/repair/refurbish the products of the company. Any loss caused
during transit shall be borne by me.
d. Upon acceptance of product, I shall provide the Product s
provided by the Company for such products to the District
Distributor and that I shall only collect the products as per
the Product s from the District Distributors and shall not
obtain the products on credit basis from the District
Distributor; if such an event takes place, it shall be my sole
responsibility to settle the said dispute and that the
Company shall not be held responsible for the same.
THE PRESENT DECLARATION cum UNDERTAKING
SHALL FORM A WRITTEN ADDENDUM TO THE
SELF DECLARATION EXECUTED BY ME ON
.
WHATEVER STATED HEREINABOVE BY ME IS
TRUE TO THE BEST OF MY KNOWLEDGE AND
BELIEF AND I SOLEMNLY AFFIRM THE SAME.
Place:
Date:
Deponent
PHOTO REVENU
E
STAMP