Legal agreement

LEGAL AGREEMENT FOR OUTLETS OF DAC DISCOUNT CARD SCHEME

IT IS AGREED as follows:

1.    Definitions

1.1    'Commencement Date' means   {date when retailer joins scheme}

1.2    'the Goods' means the goods designated from time to time by the Retailer PROVIDED THAT at all times during the continuation of this agreement the Retailer shall ensure that certain goods are duly stipulated

1.3    'the Outlets' means  {address of shop(s) offering discount}

2    Recitals

2.1    The Retailer deals in the sale of retail goods from the Outlets

2.2    DAC is to issue discounts cards

2.3    The retailer wishes to join the retailers on the discount card scheme and is prepared to offer discounts on Goods sold at the Outlets

2.4    DAC wish to include the Retailer as one of the retailers in its discount card scheme and the parties have agreed to the terms of this agreement in relation to such supplies

3.    Agreement

3.1    In consideration of DAC agreeing to include the Retailer in the discount card scheme the Retailer agrees to offer a discount of       percent (      %) on the Goods to all customers who produce a current signed and numbered DAC card prior to purchase

3.2    The Retailer agrees to keep a record of all customers who obtain discount by use of the DAC card

3.3    DAC agrees to supply to each card holder a list of retail outlets at which the DAC card is accepted and to update the list of retailers from time to time and to make such a list available to the DAC cardholders

3.4    DAC shall not be liable for any misuse of DAC cards nor for the use of stolen or forged DAC cards

3.5    DAC shall provide to the Retailer at the end of each year details of the design and colour of the DAC card for the following year

4.    Duration and Termination

4.1    This agreement shall come into force on the commencement date and shall continue until determined in accordance with the provisions of clauses 4.2  4.3 or 4.4 hereof

4.2    Either party shall be entitled to terminate this agreement by not less than three months written notice to the other

4.3    DAC shall be entitled forthwith to terminate this agreement by written notice to the Retailer in the event of DAC discontinuing the discount card scheme for any reason

4.4    Either party shall be entitled forthwith to terminate this agreement by written notice to the other if the other party commits any breach of this agreement

5    Nature of this Agreement

5.1    This agreement is personal to the parties and neither of them may assign or dispose of any rights and obligations under this agreement

5.2    Nothing in this agreement shall create any partnership joint venture or relationship of principal and agent between the parties

5.3    This agreement contains the entire Agreement between the parties in respect to its subject matter and supersedes all previous agreements and understandings between the parties and may not be modified except by an instrument in writing signed by the duly authorised representatives of the parties

5.4    Each party agrees that it enters into this agreement without relying on any representation warranty or other provision except as expressly provided in this agreement. Accordingly all conditions warranties or other terms implied by statute or common law are extended to the fullest extent permitted by law

5.5    This agreement is subject to the law of England and Wales

6    Any notice required to be served pursuant to this contract shall be in writing and served by first class post or by hand on DAC at DAC's registered office and on the Retailer at the Retailer's registered office or principal place of business.