EXHIBIT 2
FASHION CONSULTANT AGREEMENT
THIS AGREEMENT is made and entered into this 7th day of December 1998 by
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and between XXXXXX COMPANIES LIMITED PARTNERSHIP (hereafter called the
"Company"), a North Carolina corporation with its principal place of business in
Rutherfordton, North Carolina and Xxxxxx Xxxxxxxxxx (herein called the
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"Fashion Consultant") of 0 Xxxxxxx Xxxx, Xxxxxxxxx, XX 00000.
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Street City State Zip
The Company and the Fashion Consultant agree to the following:
SECTION 1. APPOINTMENT OF THE FASHION CONSULTANT. The Company hereby
appoints the Fashion Consultant as an authorized dealer in such of the Apparel
as the Company may designate from time to time (the line or lines of Apparel
which the Fashion Consultant is authorized to sell is hereafter called
"Designated Apparel") and the Fashion Consultant hereby accepts such
appointment. The appointment of the Fashion Consultant is made on the terms and
conditions set forth in this Agreement.
SECTION 2. PRICES AND TERMS. It is understood that the Fashion Consultant
may order the Designated Apparel from the Company according to the terms set
forth in the Sales Kit in effect at the time of shipment and that all orders
shall be subject to acceptance by the Company and availability of the Designated
Apparel.
2.1 The Fashion Consultant shall remit payment for each order in
accordance with the payment plan selected by the Fashion Consultant as provided
in the Fashion Consultant Xxxxxx.
2.2 The company will provide a free Sales Kit for the Consultant's first
season. The Consultant will be charged for her kit in subsequent seasons as
outlined in the Fashion Consultant Manual. The Company will refund the price of
any Kit received within forty-five (45) days after shipment should the
Consultant decide not to continue.
SECTION 3. WARRANTY. The Company offers unconditional guarantee on every
item sold for quality of workmanship and fabric. When the item is returned
according to Doncaster's policy for returns or exchanges, a credit, exchange or
refund will be made to the Fashion Consultant.
SECTION 4. FASHION CONSULTANT'S OBLIGATION. The Fashion Consultant agrees
to actively promote and solicit the sale of the Designated Apparel and agrees
not to show competitive products when using a Doncaster sample set.
SECTION 5. RELATIONSHIP OF THE PARTIES. The services to be rendered by
the Fashion Consultant under this Agreement shall be rendered as an independent
business person. The Fashion consultant will not be treated as an employee for
Federal or State tax purposes. As an independent contractor, the Fashion
Consultant is responsible for filing all necessary Federal and State tax returns
as may be required by law.
SECTION 6. TERMINATION OF AGREEMENT. Either the Company or the Fashion
Consultant may terminate this Agreement at any time by giving 30 days written
notice.
SECTION 7. IMPOSSIBILITY OF THE COMPANY'S PERFORMANCE. The Company shall
not be liable for the delay or inability to manufacture, sell or deliver the
Designated Apparel due to shortages of materials, labor strikes, accidents,
fire, flood or other acts of God or acts of civil authorities, or from any other
cause beyond the Company's control. Further, the Company has limited supplies of
certain Apparel. Orders for such Apparel shall be filled on a "first-come,
first-served" basis, and the Company's sole obligation for its inability to
fill an order after its supply of any item of Apparel has been exhausted or for
any other reason shall be to refund the purchase price of such item.
SECTION 8. APPLICABLE LAW. This Agreement shall be governed by the laws
of the State of North Carolina.
FASHION CONSULTANT XXXXXX COMPANIES
by Xxxxxx Xxxxxxxxxx by Xxxxx X. XxXxx
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Xxxxxx Xxxxxxxxxx Xxxxx X. XxXxx, President
