DISTRIBUTORSHIP AGREEMENT
This
Agreement is made on the .......................... between: (Hereinafter called ) of_______________
and
Safe
Home Solution (Hereinafter called DISTRIBUTOR)
…………………………
is engaged in the business of manufacture and sale of ……………………..products. …………………….
is engaged in the business of distribution of …………………………. products and is
interested in the distribution of ………………………………. products. For that reason ………………….
wishes to appoint ……………… as DISTRIBUTOR of these products in the agreed territory.
1.
Object – This Agreement concerns the distribution of ………………….. and other
products manufactured and
sold by ……………………….. (Hereinafter
called PRODUCT).
2.
Territorial jurisdiction - ……………………. hereby appoints the DISTRIBUTOR for the
purpose of supplying the PRODUCT to all customers in the territory of ……………………Exceeding this limit is not allowed, if not
authorized by …………………….
3.
Engagement - In return for this Agreement the DISTRIBUTOR accepts this
appointment
from ……………………… and agrees to use his best efforts to promote the sale of the PRODUCT
and to solicit orders for the sale of the PRODUCT towards customers that are
involved in …………. business in the
assigned market. The DISTRIBUTOR shall diligently represent …………………… in
accordance with all established rules and regulations of the assigned
territory.
4.
Support - ATHARV FOUNDATION will support the DISTRIBUTOR with such data
relating to the PRODUCT as may be reasonably requested, including consultation,
free of charge sales brochures, catalogues and other literature and visits of
technical personnel for large customers and trade shows.
5.
Terms - The agreement shall run into force on ............ (date). It shall continue for 10 years and shall be renewed for same
periods unless one party gives the other party notice of termination before the
end of the period.
6.
Termination: This agreement may be terminated before the expiry either by or by
the DISTRIBUTOR with or without cause, with a written notice delivered to the
other party. Termination shall be effected 60 days from the date of the notice.
Upon the date of the termination of the agreement, all legal obligations,
rights and duties arising out of this agreement shall terminate.
7.
Transferability - This agreement and all its terms are limited to the
DISTRIBUTOR and may not be transferred to any other party.
8.
Exclusions: The DISTRIBUTOR shall not take any engagement on behalf of ........................ regarding orders, prices, warranties, compensation for damages,
technical aspects or performance of the products, delivery times, and others.
The DISTRIBUTOR shall not accept any order or make any contract binding upon .................... The DISTRIBUTOR shall not collect money from Customers on behalf of .................. unless otherwise authorised by ............................’s written
notice.
9.
Use of logo and literature - ............... authorizes the DISTRIBUTOR to
use the “........................” logo for all printed or electronic sales name
cards, brochures, sales catalogue, promotional materials, advertisements and
other literature of the DISTRIBUTOR for the purpose of soliciting orders for the
PRODUCT only. Print or duplication of all or part of ................................catalogues or brochures are permitted only prior written authorisation by .........................
10.
Sales target – There is no
any sales target distributor.
11.
Prices - PRODUCTS prices are defined by ATHARV FOUNDATION keeping into account
the DISTRIBUTOR indications and the Price List is supplied to the DISTRIBUTOR. Prices
can be subjected to change at the discretion of ATHARV FOUNDATION, against
notice to DISTRIBUTOR.
12.
Orders and delivery terms - .............................. will accept only written orders
from the DISTRIBUTOR. Deliveries will be “ex works”, packaging not included.
13.
Payment terms – Payments will be made by the DISTRIBUTOR through by cash or
bank transfer or Terms of payment are ... days after the invoice date.
DISTRIBUTOR will effect timely payment of invoices.
Bank
details of ................................ :
Bank
Name:
Bank
Branch:
A/c
No:
14.
Starting stock – DISTRIBUTOR and ................................... agree the supply of a first
stock in order to favour the starting of the activity. The amount of this stock
in of Rs.000. The agreed specific
payment term of this stock is 30 days from the invoice date.
15.
Restitutions - .................................. accepts restitution of ordered products only
against written request of authorisation and within 1 (one) month from the date
of invoice. In any case, the corresponding amount cannot exceed 10% of the
whole order. Unsold goods for more than one year can be replaced by other goods
of same amount, under written request to ................................. In both cases
freight charges are paid by the DISTRIBUTOR.
16.
Warranty terms – All PRODUCTS are covered by 1 (one) year warranty period for production
defects. Within this period, ........................ will replace free of charge the defective
parts only if DISTRIBUTOR clearly demonstrates that the cause of the problem is
a production defect.
17.
Claims – ................................... exclusively answers to claims of the DISTRIBUTOR
raised in guaranty period and according to guaranty terms. Under no other
circumstance .................................... will be subject to any incidental, consequential
or indirect damage whatsoever with respect to claims made by any purchaser or
user of the PRODUCT.
18.
Confidential information: DISTRIBUTOR shall not, during or subsequent to the termination
of this agreement, disclose ............................’s confidential information to any
third party or use ...........................’s confidential information for any purpose
whatsoever other than the performance of the service on behalf of ........................ without the previous written authorisation of ..............................
19.
Exclusiveness: .................. has agreed not to supply goods to other than
person above said distributor for the states of ......................... If in case
...............................directly supply the goods to any third party within the above
said territory ...................... has agreed to make good the loss and indemnify
the DISTRIBUTOR.
20.
Appoint resellers- distributor has power to appoint resellers and if in case ..................... directly supply the goods to resellers appointed under or by
distributor pay commission to DISTRIBUTOR @............
21 Any dispute which may arise
between the DISTRIBUTOR and ..................shall
be referred to Arbitration and appoint ................................ as Arbitrator according
to the provisions of Arbitration Law then in force.
Signed
for
.
Signed
for
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