Mannatech 10-Q 2006
*** Indicates omitted material that is the subject of a confidential treatment request filed separately with the Commission.
INITIAL COMMERCIAL SUPPLY & MANUFACTURING AGREEMENT
29 March 2006
This Initial Commercial Supply & Manufacturing Agreement (hereinafter, the Agreement) is agreed and entered into by and between MANNATECH INCORPORATED (hereinafter, the Mannatech) a U.S.A. corporation with its principal office located 600 S. Royal Lane, Suite 200, Coppell, Texas 75109 and FINE CHEMETICS INC., (hereinafter, the FCI), a Japanese corporation with its principal office located 3-7-1 Higashi-Ikebukuro, Toshima-ku, Tokyo as follows;
1. SUBJECT MATTERS
For the purpose of this Agreement, both Parties have already agreed and executed as follows;
(The First Invoice)
(The Second Invoice)
1-2-1. Consumption Taxes (5% of Sales Price) in accordance with Japanese Tax Regulation are 1 not included in Product price set forth in 1-2.
1-2-2. Product price is based upon F.O.B. price.
2. PRODUCT SUPPLY
5. FORCE MAJEURE
8. QUALITY ASSURANCE
8-1. Regarding Quality Assurance (QA) under this Agreement, the Parties agree that the terms and conditions relating to the QA stipulated in a definitive agreement to be executed between the Parties (hereinafter, Definitive Agreement) shall apply to the transaction contemplated hereunder.
8-2. The Parties shall solve any other undecided and/or ambiguous matters regarding quality assurance through mutual cordial discussion.
10. GOVERNING LAWS
IN WITNESS WHEREOF, both Parties have executed this Agreement as of the date first above written.