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Private Label Policy

Private Label Policy
PRIVATE LABEL Policy  Vision Labs Beauty (Pty) Ltd
 
 Vision Labs Beauty and Customer may be referred to individually as the “Party”, or collectively, the “Parties”. Customer shall include all subsidiaries, affiliates, partners, and third party beneficiaries to the terms of this Agreement. Vision Labs Beauty and Customer mutually acknowledge the following: 1. Vision Labs Beauty is in the business of: a. Manufacturing and selling natural and organic stock and custom cosmetic bases for private label Contract packaging (the “Products and Services”); b. Manufacturing and selling custom formulated cosmetic bases for private label contract packaging (the “Products” and “Services”); for Customers wishing to resell those products under their private label brand. 2. Customer wishes to purchase and sell cosmetic products provided by Vision Labs Beauty in combination with packaging and product specifications approved and authorized by Customer. In consideration of the mutual promises and conditions hereinafter contained, it is agreed between the Parties as follows: 1) PRODUCTS AND SERVICES a. Pursuant to the terms of the Agreement, Customer hereby agrees to purchase certain of the Products and Services of Vision Labs Beauty and /or hire Vision Labs Beauty to prepare private label products as follows: i. Customer acknowledges that Vision Labs Beauty shall formulate and may produce products based upon the proprietary formulas owned and controlled solely by Vision Labs Beauty. Customer acknowledges that all Resulting formulas, processes or property developed by Vision Labs Beauty under this agreement are still the sole property of Vision Labs Beauty.
 
 
b. Certain Vision Labs Beauty supplied supplemental notices with terms and conditions regarding private labelling services, including but not limited to: production, scenting, containers, labels, and shipping are incorporated by this reference as integral parts of this Agreement. c. Due to variations when combining natural and other ingredients and with regard to natural ingredient manufacturing, it is normal to see slight variations in colour, scent and viscosity from lot-to-lot as the raw material ingredients may vary from production lot-to-lot. A product shall be considered properly manufactured whether or not there is a colour, viscosity or scent variance of any degree. d. Other natural considerations can be climate related and should be mitigated by the Customer. Vision Labs Beauty is not responsible for the effects of weather conditions during periods when the product is outside the control of Vision Labs Beauty. It shall be the Customer’s sole responsibility to mitigate the effects of temperature, humidity, and weather during shipment of products and subsequent storage of products at facilities other than Vision Labs Beauty. e. As noted herein, Vision Labs Beauty is the sole owner of all base formulas or variation of base formulas and is not available for purchase. f. If Customer requires and pays for a custom formulation, the formulation is the property of the Customer.
2) FEES AND PRICING a. The prices at which Vision Labs Beauty shall sell and Customer shall buy the Private Label Products as of the date of this Agreement are set forth in the Customer Quotation, Customer Invoice or as noted on the Vision Labs Beauty website. All required fees shall be paid in advance prior to the commencement of work. Unless otherwise agreed, all prices are subject to change from time to time, without prior notice, including but not limited to any increases in the actual cost to Vision Labs Beauty of the ingredients, packaging, labels and/or raw materials used in the manufacture of the Products. b. All purchase orders, deposits or payments are subject to acceptance by Vision Labs Beauty and once accepted cannot be refunded, returned, credited, exchanged or cancelled for any reason. Acceptance is defined as the receipt by Vision Labs Beauty of an order, contract, nondisclosure agreement, private label manufacturing agreement and deposit by Customer. c. Customer is required to purchase preproduction samples at a cost stipulated by Vision Labs Beauty (Pty) Ltd (for a set of 3 samples). Before any private label work commences. Customer may not make any alterations, unless otherwise agreed to in writing and signed by a Vision Labs Beauty duly authorized representative. The cost of the preproduction samples will be applied to the total order amount in the form of a credit. If an order is not placed within 30 days of acceptance of preproduction samples, Customer will be required to purchase additional preproduction samples.
d. Customer agrees to pay in full for all private label products. Any remaining balance is due upon completion and prior to final shipment of order. e. Payments shall be made in Rands ZAR only and shall be made payable only to Vision Labs Beauty (Pty) Ltd by the following forms of payment: cashier or bank check, PayPal, VISA/MasterCard or American Express. f. Unless otherwise agreed to in writing, upon completion of an order, any unused customer supplied labels, packaging or ingredients shall be shipped back to Customer at Customer’s expense with the order. g. Upon signature of a separate Customer Storage Agreement, arrangements can be made for Vision Labs Beauty to warehouse Customer property for a period not to exceed twelve (12) months on terms set forth by Vision Labs Beauty for a fee to be determined. h. The fees and prices do not include any applicable sales, use, value-added, excise or any other tax, duty or charge which is now in effect or may be hereafter imposed by any federal, state or other authority. All applicable taxes, duties or other charges shall be paid by Customer in additional to all fees, prices, and expenses, invoiced by Vision Labs Beauty. 3) PRIVATE LABEL RESPONSIBILITIES (INGREDIENTS AND PACKAGING) a. All Products sold by Vision Labs Beauty comply with the Regulation of the European Parliament and of the Council on cosmetic products (recast) 2008/0035 (COD) dated 10 November 2009 (finally as 1223/2009 on 30 November 2009) which replaces all other regulations, requirements including adherence to all GMP (Good Manufacturing Practices) and standards. Vision Labs Beauty shall make its best efforts to ensure that all products developed by Vision Labs Beauty will be safe for use under the Federal Food, Drug and Cosmetic Act of 1997 as of the date of manufacture. Testing services upon request and advance payment by b. Unless otherwise agreed, Vision Labs Beauty shall provide all selected packaging components and materials, including but not limited to caps, lids, jars, bottles, seals, leak prevention measures, etc. (collectively called the “Components”). Customer is solely responsible for verifying that the quality and delivery of all Components used by Vision Labs Beauty for the private label products meet the Customer’s standards and are appropriate for the product(s) selected by the Customer. i. All additional steps including, but not limited to: master packing, tamper evident seals, shrink wrap, blister packing, safety discs, lot coding, extra capping, etc., will incur additional fees. c. If the Customer is providing any ingredients to Vision Labs Beauty for use in any formulation whether stock or custom, Customer shall make available the current MSDS and Certificate of Analysis (COA) for each provided ingredient. Customer also accepts all financial and other responsibility for any negative effects and outcome when formulations are manufactured using the ingredients stipulated by Customer.
 
d. LABELING is available for an additional fee and unless specifically agreed otherwise, in the event that Customer requests Vision Labs Beauty to affix labels, information and instruction notices or panels to containers and packaging for the Products, Customer shall be completely and solely responsible for all content, including but not limited to health, storage, safety, and use instructions and claims. All labels will be hand applied and may vary in application quality and acceptance is non-negotiable and assumed accepted as is. I. Customers providing their own labels must submit labels for preapproval and agrees to deliver at least 10% overage of all labels and packaging collectively known as Components prior to the start of Vision Labs Beauty services for any particular order.
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