APPOINTMENT
OF SOLE SELLING AGENTS BY A FOREIGN COMPANY
THIS AGREEMENT made at.......... on
this .....…. day of ......... 2000, between ABC Ltd., a company duly
incorporated and existing under the law of United States of America, having its
principal office at.......... (hereinafter referred to as the ABC) of the ONE
PART and M/s. XYZ, a partnership firm having its principal office at.....………….....
(hereinafter referred to as the XYZ) of the OTHER PART.
WHEREAS the ABC is the manufacturer
of processing machines of stone industry and consumables and spare parts used
in those machines and wants to appoint sole selling agents for the entire
Northern States of India and has entrusted the same to XYZ who has agreed to
market the products of ABC in the entire Northern States of India on the terms
and conditions mutually settled between the parties and recorded herein.
NOW IT
IS MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. COMMENCEMENT
AND DURATION:- This agreement shall take effect from the .......... and
shall remain in force for the next three years that is till ..........
2. TERRITORY:-
The area covered by this agreement is all Northern States
of India
except Tamil Nadu, Andhra Pradesh, Karnataka and Kerala, hereafter referred to
as the Nothern Indian States.
3. PRODUCTS:-
All products by ABC pertaining to stone industry namely the
processing
machines, consumables, spare parts, etc., will be marketed by XYZ on behalf of ABC
in Northern Indian Indian States.
4.
OBLIGATION
ON THE PART OF ABC:-
4.1 It is agreed
and understood between both parties that no other agent, commission merchant,
sole distributor, coordinator will be engaged in the above areas and also for
the above product indicated in point No. 2 and 3.
4.2 This agreement
authorises the exclusive selling agent namely, XYZ to prepare and sign all
proforma invoices, quotations, contracts and other relevant connected documents
on behalf of the company. While negotiating and concluding contracts for the
sale of stone products by ABC, the agent should respect the prices as well as
the terms and conditions as fixed by ABC.
4.3 In case of
North Indian customers (apart from the territory mentioned in point 2) setting
up factories in South India only Mr. M N is authorised to follow up on behalf
of ABC and this order will be treated as South Indian order, for which
commission will be paid as per this contract.
4.4 In case of
South Indian customers setting up factories in North India only XYZ is
authorised to follow up on behalf of ABC and this order will be treated as
North Indian order, for which commission will be paid as per this contract.
5.
LIABILITIES
OF THE AGENT:-
5.1 The agent is
not allowed to represent any product of the competitors. However, he can
represent allied products like diamond, blades, mining equipment, etc.
5.2 The agent
should submit periodical reports and marketing information about competitor
activity and other relevant information to the principals.
5.3 XYZ has to
report to the General Manager of glass-stone etc. and the General Manager of ABC,
on all matters connected with ABC.
6. DISCOUNT
FOR EQUIPMENT AND CONSUMABLES:- The decision to offer discount either for
the capital equipment or for the consumables will be decided by ABC and will be
fully absorbed by ABC up to 5 per cent.
7. MONTHLY RETAINER FOR ADMINISTRATIVE AND
TRAVELLING EXPENSES:- ABC will pay monthly retainer of US $........ to
......... from .......... to .......... and from ......... to .......... US $
........... towards the administrative and travelling expenses.
8. IN THE EVENT OF TERMINATION:- In the event of termination of
this contract, the agent is authorised for his commission for those projects
where the order is booked during his tenure as ABC agent provided the LIC is
established within a year from the date of such termination.
9. INDIAN SERVICE ENGINEERS:- The Indian
service engineers employed right now and also in future should report to the
agent for their day-to-day activities.
10. VALIDITY:- All modifications and
amendments must be made in writing. This contract can be reviewed or remodified
with mutual understanding at least three months before the expiry of the
contract date. However, if the clauses indicated in this contract are not
changed, this contract will be automatically valid for subsequent three years
period.
IN
WITNESS WHEREOF the parties have signed these presents and a duplicate hereof
through their duly authorised officials, the day and year first hereinabove
written.
Signed
and delivered by ABC Ltd., USA,
the company
by the hand of Shri.......…………
General
Manager, its duly authorised official
Signed
and delivered by XYZ Ltd.,
the company
by the hand of Shri.......…………
General
Manager, its duly authorised official
WITNESSES;
1.
2.
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