Gift Order Fulfillment Form

Gift Order Fulfillment Form

Parties and Recitals

WHEREAS, Client Name: , a purchaser of gift products and related services, desires that the Fulfillment Provider fulfill and deliver certain gift orders in accordance with the terms set forth herein;

WHEREAS, Fulfillment Provider Name: , is engaged in the business of packaging, personalizing, and shipping gift products and agrees to perform fulfillment services for the Client under the terms of this Form;

NOW, THEREFORE, for good and valuable consideration, the parties agree as follows.

Order Summary

Recipient(s) and Fulfillment

Fulfillment Start Date:   Expected Completion Date:

Itemized Gift Order

Complete the item lines below. Provider will invoice based on final quantities shipped.

Options and Handling Preferences

Gift wrapping required    Exclude price on packing slip

Include personalized gift message    Expedited shipping requested

Scope of Work

The Fulfillment Provider shall pick, pack, personalize (where specified), and ship the items described above to the designated recipients. Services include verification of recipient address, application of provided messages, quality inspection prior to shipment, and notification to Client of any items that cannot be fulfilled. The Fulfillment Provider will use commercially reasonable methods to meet shipment dates but shall not be liable for carrier delays beyond the Provider's control.

Payment Terms

Client agrees to pay the Fulfillment Provider the amounts set forth in this Form in accordance with the schedule below. All sums are due in U.S. dollars unless otherwise agreed in writing.

Term and Termination

This Form is effective as of Start Date: and continues until End Date: unless earlier terminated in accordance with this section.

Either party may terminate this Form for material breach if the breaching party fails to cure the breach within Notice Period: days following written notice. Termination for convenience by Client requires payment for all services performed and reasonable wind-down costs.

Confidentiality

Each party shall maintain in confidence all non-public business information disclosed by the other party in connection with this Form (Confidential Information). Confidential Information does not include information that is or becomes public through no fault of the receiving party, or that is rightfully received from a third party without breach of any obligation of confidentiality. The receiving party shall use Confidential Information solely to perform its obligations under this Form and shall not disclose such information to any third party except to employees, contractors or service providers who have a need to know and who are bound by confidentiality obligations no less protective than those herein.

Liability and Substitutions

The Fulfillment Provider will use commercially reasonable efforts to provide the exact items ordered. If an item is unavailable, Provider may substitute an item of equal or greater value only with Client's prior written approval or according to pre-authorized substitution instructions. Provider's aggregate liability for damages arising out of or related to this Form shall not exceed the total amounts paid by Client to Provider under this Form, except in cases of willful misconduct or gross negligence.

Governing Law; Entire Agreement

This Form shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles.

This Form, including any schedules and attachments, constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations and understandings, whether oral or written. Any amendment to this Form must be in writing and signed by authorized representatives of both parties.

Acknowledgment and Certification

Client certifies that the recipient information and personalization details provided are accurate and that Client has the authority to order the items and messages herein. Client acknowledges that orders submitted less than the provider's stated lead time may incur expedited fees and that Provider is not responsible for recipient availability.

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