VENDORS TERMS & CONDITIONS

TERMS OF PARTNERSHIP:

  1. This is a Partnership Agreement between Last Price Discount Ventures (hereinafter referred to as “LastPrice”) and a Business registered on the Lastpriceng.com platform (hereinafter referred to as the “Vendor”). The Terms of this partnership is defined as the agreement between parties for the inclusion of the Vendors enterprise on the Last Price website and app or mobile platform, upon successful completion and submission of the requirements as stated by Last Price, in correspondence exchanged during deliberations of this Partnership.

 

SCOPE:

  1. com is a quality-controlled e-commerce market place platform, promoting businesses that offer everyday essential services. LastPrice sells these services to consumers at a discounted price. LastPrice owns and operates a platform in Nigeria that helps advertise and promote businesses as well as helping customers save on their everyday essentials. This platform is currently available on the mobile application: LastPrice and on the website: www.lastpriceng.com, but may be provided on different websites or applications in the future.
  2. The Vendor shall have the opportunity to sell their products on the LastPrice platform. LastPrice is entitled to accept purchases on behalf of the seller. The services provided by LastPrice is limited to referring customers to the Vendor and accepting orders and payments on their behalf. In addition to this, LastPrice may at its discretion, provide the Vendor with analytics about the performance of the Vendor’s products and additional marketing support. This support may be reflective of the agreed level of commission.
  • The Vendor authorizes LastPrice to accept binding orders from customers on their behalf.
  1. LastPrice may carry out changes to the application/website or service, or suspend the service, without notice.

 

CONDITION FOR PARTNERSHIP:

  1. The Vendor shall be an existing business enterprise operating within the zones covered by Last Price in their operations within Abuja. The Vendors enterprise shall be a venture within the scope of operations of Last Price which may include: automotive, beauty/personal care, food/drinks, health/fitness, home service, online learning, things to do, entertainment, personal services

 

LASTPRICE’S RIGHTS AND OBLIGATIONS:

  1. The Vendor acknowledges that the relationship between customers and LastPrice is governed by the privacy policy and the general terms and conditions, both available on the application/website.
  2. LastPrice shall present on the website the products menu provided by the seller.
  • LastPrice is authorized to accept binding sales on behalf of the Vendor and shall be careful to pass order data on to the Vendor as well as technology allows.
  1. In order to maintain its reputation for quality and high standard of service, LastPrice reserves the right to terminate the relationship with the Vendor if the Vendor repeatedly receives bad reviews or complaints.
  2. LastPrice shall be responsible for keeping an up-to-date inventory of all the products listed on Last Price.

 

VENDOR’S RIGHTS AND OBLIGATIONS:

  1. The Vendor is obligated to provide all the information necessary for listing a product on lastpriceng.com. This should include but not limited to: a detailed title and sub-title, prices, quantity, pictures and descriptions. The Vendor must never knowingly deceive a potential customer by misrepresenting their product(s).
  2. The Vendor must notify LastPrice of any changes to the details of their listings while uploaded on the site.
  • The Vendor guarantees that information listed on LastPrice relating to the Vendors products satisfies all legal requirements and in particular, satisfies information requirements for consumer protection.
  1. The Vendor guarantees that the information provided by him does not violate any third-party copyright.
  2. The Vendor shall not communicate with customers more than is necessary for the processing of the transactions referred by LastPrice. In particular, the Vendor shall not send any advertising email or other commercial advertisements to the customer without prior agreement from LastPrice or the expressed wish of the customer. When delivering products sold via LastPrice, the Vendor shall not advertise any of Last Price’s competitors.
  3. The Vendor shall process orders and arrange delivery with all reasonable care the moment receipt of confirmation of sale is received through the LastPrice application or site via email and/or text message. The delivery options and time indicated on their listing is binding and orders should be met within a reasonable time frame. The Vendor is required to keep their advertised products and services available to the best of their ability. Repeated stock-outs shall result in the removal of the Vendor and all their products from the LastPrice platform.
  • If the Vendor cannot fulfil an order submitted to it, it must notify LastPrice as soon as possible, and within 1 hour of receiving the order at the latest.
  • The Vendor agrees to adhere to their range of products and prices as provided to LastPrice and as described on their listing on the application/website. The Vendor guarantees that there are no ongoing criminal, bankruptcy or tax proceedings or other penalties outstanding in relation to the products they are selling through the platform. The Vendor further guarantees to take great care to keep up-to-date their range of products, stock count, prices and associated terms and conditions, like delivery fees.

 

VENDOR COST:

  1. The cost for the Vendor to be registered on the Last Price platform and the effectiveness of this Partnership Agreement will be ZERO COST. However, a certain agreed commission will be charged for every order placement that comes in through the Last Price platform. This clause translates that Last Price will remit the amount paid by the customer to the Vendor, minus the agreed commission.

 

COMMISSION:

  1. The Vendor agrees to pay LastPrice a fixed percentage commission on the gross revenue from their sales made through the LastPrice platform. Depending on the category it may be appropriate to agree different commission percentages for certain items or product categories.
  2. LastPrice may start charging additional fees for the sale of goods through the LastPrice platform at any point. These may include but are not limited to, listing fees, multiple photos fees and enhanced marketing fees. In the event of the introduction of further fees, the Vendor will be notified prior to their commencement in writing and they will have the option to opt out.
  • LastPrice reserves the right to adjust the percentage commission, providing suitable notice is served in advance to the Vendor. LastPrice will give the Vendor adequate notice of any commission changes, in writing. This does not cover adjustments that constitute a material change of the contract terms, which would require an additional agreement on the change.

 

QUALITY ASSESSMENT & CONTROL:

  1. The Vendor agrees to be subjected to Quality Control measures before and during the period while this Partnership Agreement subsists. This clause is Last Price’s measurable clause that allows her access to certify and guarantee the quality of products and/or services from the Vendor and her representatives. This is important as Last Price will be actively involved in vouching for and advertising the Vendor’s enterprise, goods and/or services. These assessments are at the discretion of Last Price and may include but not limited to reviews of on-site customers of the Vendor and market surveys.

 

ADVERTISEMENT:

  1. Last Price shall provide advertisement services to the Vendor by posting inventory or catalogue of goods & service sold or rendered by the Vendor on the website and/or phone apps of Last Price, so as to create awareness & platform for customers to make their choices of goods & services and subsequently place their orders for the delivery or rendering of goods & services they ordered for.
  2. The Vendor shall allow Last Price to advertise her company on the packaging of orders made by customers through Last Price. This will include but is not limited to: placing a Last Price sticker on the package, use of the last price logo on the packaging, use of Last Price branded nylon bags and packaging.
  • The Vendor shall further make available their information for fliers, adverts and/or icons and catalogue of their goods & services to Last Price for further adverts to the customers & prospective customer. Last Price reserves the rights to create content for adverts, choose the paper, printer, font sizes and distribution method necessary to create and distribute menu guides, flyers, mailers, newsletters, and posting to the internet.

 

PLACEMENT OF ORDER:

  1. Last Price shall, as received by customers, place an order for goods and services to the Vendor via email/SMS, followed up by a call to ensure that orders were received by the Vendor and her representatives and that the orders are in the process of being prepared for delivery. All orders for the goods and services supplied by the Vendor may either be originated through the Last Price website and/or mobile application platform or any other means available to Last Price’s customers.

 

DELIVERY OF GOODS/ SERVICES:

  1. Last Price will award digital receipt for the services paid for on the Last Price website, and the Vendor will be notified about any new sales and details of coupons that was paid for and is to be redeemed. The customer will present the digital receipt awarded by Last Price to the Vendor and services will be rendered.

 

PRICING OF THE GOODS:

  1. The pricing of the goods & services of the Vendor will be provided to Last Price with agreed commission rates. Under this agreement, Last Price will take a certain agreedcommission on the prices provided by the Vendor. Last Price will sell and display the goods at price above the Vendors given price to Last Price but not exceeding its commission range.
  2. The prices are to be updated whenever there are changes made as LAST PRICE DISCOUNT VENTURES and our customers will not be held responsible. Last Price shall charge an additional 7.5% VAT on services which require it and as stated by the Vendor.

 

MODE OF REMITTANCE BY LAST PRICE:

  1. Last Price having collected monies from customers for services/goods delivered; as supplied by the Vendor, shall remit into the account of the Vendor ­­­­­the agreed sum of money for goods & services sold or delivered. This payment shall be made on withdrawal request of the Vendor via Bank Transfers. Exceptions cannot be made unless otherwise stated in this agreement. A weekly (unless otherwise stated) sales statement will be sent to the Vendor by Last Price.

 

UPDATES OF INVENTORY / BUSINESS ADDRESS / WORKING HOURS:

  1. The Vendor is expected to; on a daily/weekly basis or as necessary, update their inventory with Last Price Discount Ventures.

 

ACCOUNT BOOK/ACCOUNTABILITY PROPER:

  1. Books of account shall be kept and maintained at the place of business of Last Price. The relevant sectionsmay be disclosed by mail to the vendors. However, this disclosure will be on the request of the said vendor.

 

 

 

RISKS:

  1. All risks that may or reportedly affect the quality of the goods and/or products shall be borne solely by the vendor in addition to any costs expended by Last Price in completing the transaction. Additionally, any damage and/or loss of property at point of delivery/sale onwards shall be borne by the Vendor.

 

INSURANCE:

  1. Each party is expected in view of the above-mentioned risk to take up an insurance policy against any such risk that may arise in the course of the business.

 

LICENSE:

  1. LastPrice reserves the right to freely maintain the Vendor’s listing and their ranking on the website. LastPrice offers customers the opportunity to give ratings and reviews of the Vendor’s goods and services on the website and has the right but not the obligation to publish these online and make them visible to all customers. LastPrice reserves the right to delete ratings and reviews.

 

WARRANTY:

  1. Last Price represents and warrants that: Any material, e.g., Logos, pictures etc. that is constituted as intellectual property, will not be used by either party without the consent of the other.
  2. The Vendor represents and warrants that: She will perform the terms and conditions of this Agreement with great care and skill; and the goods, services and the Materials provided by the Vendor to Last Price under this Agreement will not infringe or violate any intellectual property rights or other right of any third party.

 

PRIVACY:

  1. Both parties are obligated to treat confidentially the content of this agreement, as well as all other information and data they acquire in connection with the partnership, and not use it for purposes outside the scope of this contract or pass it on to third parties. This obligation is in force for 1 year after the termination of the contract. Both parties are obliged to follow privacy laws and handle accordingly all data related to customers, suppliers and business partners.

 

DISCLAIMER:

  1. Any violation of intellectual property right, arising from misrepresentation of such intellectual property by vendors, or a claim of ownership of such intellectual property or patent, trademark  or logo, whereas such intellectual property or trademark or logo is subject of an ongoing litigation or is in contention between the vendor and a third party, the vendor hereby agrees that Last Price shall be in no manner, held liable for such violation as the consequences of such violation shall be borne solely by such vendor. The vendor further agrees that in a situation such as above-stated, Last Price shall by virtue of this agreement be excluded as a party to any form of litigation for any such violation by the vendor.

 

LIABILITY:                                         

  1. Where the Vendor does not notify LastPrice of any changes to the details of their listings uploaded on the application/site, LastPrice shall be exempted from any liability occurring from such negligence by the seller. Resolution of underpayment for products by customers in this instance shall be indemnified strictly by the Vendor.
  2. The Vendor shall indemnify LastPrice from all claims arising in relation to matters outside Last Price’s control, including but not limited to the quality of goods and services provided by the seller. The Vendor shall further indemnify LastPrice from third party claims arising from any violation of laws and regulations by the seller.
  • LastPrice cannot guarantee that its service will be free from all malfunctions, but shall exercise all reasonable care and skill to resolve any such case.
  1. VAT liability rests with the Vendor and LastPrice shall not be responsible for any VAT issues.

 

 REVIEW OF TERMS OF CONTRACT:

  1. The Vendors from time to time, where and when necessary, shall review the terms in the contract to facilitate the smooth running of the business and effective service delivery. This is done upon consensus of both parties on an agreed date and time. In the absence of a consensual agreement, this contract will be reviewed at the end of each Partnership year.

 

DISSOLUTION OF THE PARTNERSHIP:

  1. Where any of the parties’ desire that the Partnership be dissolved, such a party must in writing give 3 Months’ Notice to the other party of its intention for the Partnership to be dissolved.

 

FEEDBACK CLAUSE:

  1. The Vendor agrees that dissolution of this Partnership could be affected upon receipt of up to 5 Negative Feedbacks from the Last Price’s customers. In an event of negative feedback, Last Price’s integrity is being questioned and this could affect the Last Price brand.

 

TERMS AND TERMINATION:

  1. This agreement is valid as soon as the Vendor signs the contract, or fulfils an order referred by LastPrice and remains valid until terminated by either party. Termination can occur at any time with a period of three months’ notice, in writing, by email, post or fax. The revenues generated during this notice period are still subject to the partnership agreement. The right to immediate termination by either party for important cause remains unaffected.
  2. The right to immediate termination in particular covers cases where the Vendor repeatedly receives negative ratings and reviews on the website and when these are not obviously unjustified. Repeatedly providing misleading information or withholding information required to present the Vendor’s items is also grounds for immediate termination. Typos, mistakes and transmission errors are excluded from this, as long as they are not caused with intent or by gross negligence.

 

BREACH OF CONTRACT:

  1. If either party commits any breach of the terms of this contract, the other party shall be at liberty, within 1 Month from becoming aware of such breach, give notice in writing to the offending party forthwith to discuss the breach and determine the state of this Partnership.

 

DISPUTE RESOLUTION:

  1. Where disputes arise between the parties; concerning the Partnership agreement before or after the dissolution of the Partnership, the aggrieved party should in writing notify the other party of her grievances through an email or leave such complaint at the business place of the other party and then wait for the feedback. Thereafter a joint meeting of both parties shall be called to resolve such a dispute if need be. Where the defaulting party refuses to respond after 2 Weeks of such notice, the aggrieved party is at liberty to refer such matter to a single arbitrator in accordance with the provision of the Arbitration and Conciliation Act. Cap A18, LFN 2004 for a settlement; However, where all the aforementioned options fail, the aggrieved party has a further option to refer the matter to a court of competent jurisdiction to try the matter.

 

 

 

GENERAL:

  1. If a single clause in this agreement is invalid, both parties shall endeavour to replace the invalid clause with a valid one that reproduces as closely as possible, the intended economic meaning of the invalid clause. The validity of the rest of the agreement remains unaffected. This applies in the event that agreement is found to be incomplete.
  2. LastPrice reserves the right to modify its general terms and conditions without giving any justification. In that case, LastPrice will give the Vendor adequate notice via email. The notice will contain advice on the right and period of objection to the changes and on the consequences of leaving unexercised, the right to object.

 

 

Main Menu