PRIVATE INSTRUMENT OF SERVICES AGREEMENT FOR STORAGE AND EXHIBITION OF GOODS AND OTHER COVENANTS
This User Agreement (“Agreement”) is a contract celebrated between you and SPACE SAMPLES, private legal entity, enrolled in the trade name Panamá Logística Com e Loc. de Máquinas Ltda. Tax-Payers Roll under the Treasury Ministry (CNPJ/MF) under No. 21.258.654/0001-90, with head office in Rua Luiz Osvaldo Artusi, 177 – Jd Sta Candida, Campinas – São Paulo, with state registration under No. 795.540.281.117 hereinafter referred as SPACE SAMPLES; CONTRACTED.
By becoming a SPACE SAMPLES customer, you agree with all the terms and conditions contained in this Agreement, and any other terms and conditions under the Terms and Conditions page.
SPACE SAMPLES reserves the right to change the terms of this Agreement at any time, without notice, suffice, for this purpose, post a revised version in their website, through the Agreement User’s link. Any new revised version will enter into force as soon as posted in the link aforementioned. If such version includes any Substantial Change, we will inform with at least 30 (thirty) days in advance by email or posting a notice in the home page “Agreements Updates” of our website, through the Agreements updates link.
The continuity use by the client of the services provided by SPACE SAMPLES after the entry into force of the new revised version of this Agreement, shall automatically imply full acceptance and knowledge by the User of all terms and conditions.
SECTION 1 – PURPOSE
The purpose of this agreement is the provision of services for space rental, storage, mail and availability for visitation for the products forwarded by the CONTRACTING PARTY, always according to the option of the plan hired.
This agreement shall be effective for a term of one (1) year, as of the execution of this instrument and its automatic extension. However, in case the Contracting Party shall not desire the extension of this agreement, the Contracting party shall manifest its interest within a term of thirty (30) days before the expiration hereof.
If the Contracting Party fails to present its opinion, such act shall be deemed as an acceptance of the automatic agreement extension.
The Contracting Party hereby opts for hiring the BASIC PLAN, being aware that the services provided shall be in accordance with the specifications and limitations of the chosen plan:
Basic Plan: leasing of space, storage and delivery, including three (3) visits, each visit with duration of one (1) hour and three (3) posts a month. The posts and visits that exceed the value provided in the chosen plan shall be charged separately, according to the table attached hereto.
Sole Paragraph: It is understood as posting service all product handling act, such as: packing, unpacking, sorting, accommodation, prepare for later shipment to the company responsible for delivering.
SPACE SAMPLES shall also prepare a preliminary quotation about procedures relating to imports of products such as: initial consultations on legislation and taxation, classification, prices of freight, insurance and all other relevant issues, with the presentation of the budget.
First Paragraph: Costs related to this previous quotation above and costs with the specialized business subcontracting shall be under the Contracting Party’s responsibility.
Second Paragraph: The Contracting Party shall also be responsible for expenses with taxes, displacement, transport, postal office, freight.
SPACE SAMPLE shall not be responsible for damage or wear and tear during the product demonstration process, being the sole discretion of the Contracting Party the replacement of products, as well as all costs involved in replacement.
Where samples are disposables, each demonstration shall require a product and the replacement shall be under the sole responsibility of the Contracting Party.
The Parties also agree that the products sent by the Contractor to be available/for exhibition are considered as samples, therefore, has no commercial value, being also prohibited the marketing.
SECTION 2 – COMPENSATION
SPACE SAMPLE undertakes to well and faithfully provide the services, according to the described herein throughout the contracted period.
The price for the provision of services in the rental spaces, storage and availability of the products shall be R$ per month, covering the space of one (1) cubic meter storage.
In cases where the product demand more space it shall be charged multiples of one (1) cubic meter, according to attached table.
Additional costs such as additional shipping, transportation, taxes, freight and any additions under the limits of the contracted plans shall be borne by the Contracting Party.
The parties also state that if the sample sent requires special procedures, such as charging batteries or any other preparation for submission, an extra fee shall be charged according to the need.
Payment for the service shall be made by credit card, which is hereby expressly agreed and the Contractor shall provide such details to perform their collection and how to keep them updated throughout the contract period when completing the registration form.
The parties also state that in the event of additional charges, the Contractor shall authorize the charges by simple communication through email, with the presentation of the debt bill.
SECTION 3 – DEFAULT
In case of non-payment of the amounts stipulated herein shall be charged the fines on import of ten percent (10%) per month plus monetary correction based on the IGPM- FGV.
Regardless of the above listed penalties if the default lasts more than sixty (60) days, SIMPLE SPACE is authorized to conduct the sale of the samples through an auction, in order to repay the amounts due and, if there is a surplus, the values shall be returned to the Contracting Party.
SECTION 4 – PRODUCT AVAILABILITY
Products shipped by the Contracting Party shall be stored in the smallest possible space, and the Contracting Party shall be responsible to accommodate such products in order to optimize the space used, as well as targeting better conservation of the product.
The Basic Plan chosen by the Contracting Party includes in addition to the services described in clause 1, three (3) visits and three (3) posts a month, excepted for posting costs.
Visits for product demonstration shall be held at the addresses provided by the Contractor, in standard room and always by prior appointment, subject to the minimum of seventy-two (72) hours.
Non-attendance without prior notice at least forty-eight (48) hours in advance shall be considered as a visit held.
In cases where the submitted product requires a different storage, the Contracting Party shall notify the Contractor in advance, as it may generate extraordinary collection.
It is further established that in such cases the perishing or damage to the product shall not be charged to the Contractor.
As provided in Brazilian legislation, it shall be not allowed to send firearms, explosives, corrosive materials, and any other genre.
SECTION 5 – ROOM RENTAL
The Contractor shall have the option of use the private rooms for presenting of their products through the payment of an hour fee, according to the costs established in table published on the site.
There shall be two (2) types of private rooms available for the Contracting Party: standard demonstration rooms and the special rooms, and the latter shall have a different charge on the lease value per hour, according to the site table.
According to the site, in some plans is already included the use of private rooms for up to three (3) monthly visits, it being understood that each visit corresponds to the period of one (1) hour.
If exceeding the visits included in the plan, from the fourth (4th) visit or fourth (4th) time, an extra charge shall be collected, according to the table published on the site.
If the Contractor may not use its three (3) visits in the month, such visits shall not be accumulated for the following month.
For purposes of this agreement, “month” means the first to last month in office.
SECTION 6 – FINAL CONDITIONS
It is authorized to the Contracting Party to use its name and logo, by the Contractor for client reporting purposes.
The Contracting Party shall regularly visit the site of the Contractor to change the verification of constant values in the collection table.
SECTION 7 – VENUE
The parties herein elect the venue of the Circuit Court of the Campinas to settle any disputes arising from this Agreement with expressly waiver of any other venue, however privileged.