Model Of Agreement On Sale Contract
Sales agency agreement
The first cause
The name of the manufacturer, the company's legal address, the company's legal address, is entitled to the exclusive agency of the following products: the agent, the agent, the name of the agent, the company's legal address, and the legal address of the company.
The agent will give priority to selling new products in the following designated areas (hereinafter referred to as the region): the first, the second, the first, the second, the second, the second, the second, the second, the second, the second, the right, the right.
The duties of the second agents
The agent shall expand the user in the area, and the agent shall pmit the quotations and orders received to the manufacturer.
The agent has no right to represent the manufacturer or to sign any binding contract.
The agent shall explain the sales terms stipulated by the manufacturer (including the time of shipment and payment) to the user.
Any inquiry and order rejected by an agent without any restriction by the manufacturer.
Third article
The agent's scope of duties is the agent of the market. It should collect information, strive for users, and try to promote sales of products.
The agent should be proficient in promoting the technical performance of the product.
The Commission shall be included in the Commission for the sale of the agent.
Fourth advertisements and exhibitions
To promote sales of products in the area, agents should publish all necessary advertisements and pay for advertising expenses.
All participants in the fair must be dealt with in advance.
Fifth agents' financial responsibilities to users
The agent shall take appropriate measures to understand the payment ability of the local ordering person and assist the manufacturer in recovering the payment.
The usual expenses and assistance to recover the expenses payable should be borne by the manufacturer.
Without consent, the agent has no right and no obligation to accept payment in the name of the manufacturer.
The role of sixth users' opinions and agents
The agent shall have the right to accept the opinions and complaints of the users, notify the manufacturer in time, and pay close attention to the immediate interests of the manufacturer.
The seventh is to continuously provide information to manufacturers.
Agents should try to provide manufacturers with information on market and competition in commodities, and send work reports to manufacturers every 4 months.
The eighth guarantee is not competition.
The agent should not compete with the manufacturer or help others in the competition with the manufacturer. The agent should not manufacture an agent product or a product similar to the sales agent, nor should he profit from any enterprise that competes with the manufacturer.
At the same time, agents should not act as agents or sell any products that are the same or similar to the agent products, whether new or old.
When the contract becomes effective, the agent shall sign a binding agreement with other enterprises to inform the manufacturer.
No matter whether as an agent or a distributor, any agreement after that shall be informed to the manufacturer that the agent must not neglect his obligations to the manufacturer while carrying out other activities, thereby affecting the completion of the task.
The agreement stipulates that within 5 years after the termination of this agreement, the agent can not compete for the production and sale of similar products. The agent can not compete for other similar products within 1 years after the termination of this agreement.
All product designs and instructions are owned by the manufacturer, and the agent shall return it to the manufacturer at the end of the agreement.
Ninth confidentiality
The agent shall not disclose the trade secrets of the manufacturer or terminate the agreement beyond the scope of the agreement after the validity period of the agreement or the termination of the agreement.
Tenth sub contractors
The agent shall be subcontracted by the manufacturer prior to the consent of the manufacturer, and the agent shall be fully responsible for the activities of the sub agent.
Eleventh violations of industrial property rights
The agent shall inspect the market, and if the third party infringes upon the industrial property rights of the manufacturer or any illegal act which is harmful to the manufacturer's interests, the agent shall report it to the manufacturer faithfully.
The agent shall do his best and assist the manufacturer in making it free from such acts in accordance with the instructions of the manufacturer, and the manufacturer will undertake such expenses other than normal agency activities.
The scope of exclusive sales rights of the twelfth agents
The manufacturer shall not agree to the right of others to obtain agents or sales agreement products in the area.
The manufacturer shall notify the agent of the orders received directly from the users in the area.
The agent has the right to obtain the Commission of the order in accordance with the fifteenth regulation.
Thirteenth, provide information to agents continuously.
To promote agency activities, manufacturers shall provide agents with all necessary information including sales, price lists, technical documents and advertising materials.
The manufacturer shall promptly notify the agent of any changes in the product price, sales situation or payment method.
Fourteenth technical help
The manufacturer shall assist the agent's employees in obtaining the technical knowledge of the agent's products.
Agents should pay their employees' pportation fees and wages, and manufacturers should provide accommodation.
Fifteenth amount of commission
The Commission of the agent is based on the products sold and signed on the basis of the agreement. The percentage of the Commission is as follows: 1.
Sixteenth equal Commission
Two agents in two different regions make great efforts to obtain orders. When the order is located at the place where an agent is located and the manufacturer supplied is located in another agent's place, the Commission is allocated equally by two agents.
Seventeenth commercial failures and termination of contracts
The enquiry or order introduced by the agent is not commissions if the manufacturer does not accept it.
If the order contract has been terminated by the agent, the agent has no right to claim the Commission. If the termination of the contract is due to the manufacturer's responsibility, this is not the case.
Eighteenth methods of calculating Commission
The Commission is calculated on the invoice value. Any additional charges such as packing, pportation, insurance, customs duties or customs duties imposed by the importing country should be invoiced separately.
Nineteenth Commission claims
The agent shall have the right to collect Commission according to the proportion paid by each user.
If the user fails to pay the full amount, the Commission shall be paid on a pro rata basis according to the manufacturer's actual payment, unless the user refuses to pay the money due to the manufacturer's reason.
Twentieth time to pay commission
The manufacturer shall explain to the agent about the amount of commission and the Commission of the business. The manufacturer shall pay the Commission within 30 days after receiving the payment.
Twenty-first currency for Commission
The Commission is calculated and paid according to the currency of the paction.
The twenty-second rule excludes other remuneration.
The full cost incurred by an agent in completing the obligations hereunder shall be paid by nineteenth unless otherwise agreed.
Twenty-third terms of agreement
This Agreement shall enter into force after signing by both parties. The agreement shall be terminated 3 months ahead of schedule after 1 years' execution of the agreement.
If the agreement does not terminate on that date, it may be notified 3 months in advance and terminated on December 30th of next 1 years.
Twenty-fourth early termination
As stipulated in the twenty-third provision, neither party has the right to terminate this agreement ahead of time.
Only if the applicable law of the people's Republic of China is fully persuasive, can the termination of the contract be terminated.
Agreement
。
The return of twenty-fifth documents
When the agreement expires,
Agent
All advertising materials and all documents supplied by the manufacturer shall be returned to the manufacturer in the thirteenth article.
Return of twenty-sixth stocks
When the agreement expires, if the agent has the agent products and spare parts, it should be returned according to the manufacturer's instructions, and the cost will be borne by the manufacturer.
Twenty-seventh unfinished business
When the agreement expires, the agent shall terminate the agreement, and if the agreement is executed after the expiration of the agreement, the agent's commission shall be paid in accordance with the fifteenth paragraph.
The agent shall still be responsible for performing the obligations under the agreement.
Twenty-eighth article
compensate for
The agreement is terminated because of a breach of the contract, and no compensation is provided because the agreement is terminated or fails to renew the contract.
Twenty-ninth applicable laws
This Agreement shall apply to the existing laws of the manufacturer's headquarters in the country where the company is located.
The thirtieth arbitration
Any dispute arising from the execution of this Agreement shall be settled by arbitration in accordance with the law of the people's Republic of China.
The complainant and the respondent shall appoint an arbitrator individually, and both parties shall nominate a notary.
If two arbitrators fail to reach an agreement on nomination of a chairman within 30 days, the arbitration shall have the right to nominate third arbitrators as chairmen.
The award made by the arbitration is final and binding upon both parties.
Thirty-first changes
The change or additional provisions of this Agreement shall be in writing.
Thirty-second prohibition of pfer
This agreement is not negotiable without prior consultation.
The thirty-third lien
The agent has no lien on the property of the manufacturer.
Thirty-fourth invalid clauses
If one or more provisions in the agreement are void, the remaining provisions of the agreement remain valid.
This agreement is made in two copies and each party holds one copy.
Manufacturer: manufacturer, agent, agent:
The place of signature: it is signed by the Chinese government.
Date: the date of the first, the first and the last.
Chairman: Chairman of the company, Mr.
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