The Formulation Of Contracts For International Sales Representatives
This agreement is signed by the two sides of the year.
The two sides acknowledge that the manufacturer manufactures and sells the goods and materials described in the annex to the goods or agreements, and hopes to employ a sales representative to make quotations and sales for the goods in the manufacturing sector.
Therefore, the agreement between the two parties is as follows:
1. designate (appointment):
The manufacturer designate a sales representative to sell his goods to individuals and companies that have business in the state of the company in accordance with the terms and conditions of this agreement.
2. obligations of sales representatives (obligations of sales representative):
The sales representatives agreed to actively sell and promote products on behalf of the manufacturers in the company.
The sales representatives will forward and place all customers' orders to the manufacturer, and in any case, no more than days after receipt of orders.
Sales representatives are not allowed to sell, advertise, quote or sell products that are the same or very similar to or compete with the product.
The sales representatives will observe the rules of manufacturers' price, fees and terms in product sales, and these rules will change at any time.
In order to get the biggest sales results in the company, the manufacturer will formulate the rules after consulting the sales representatives, and the manufacturer will make the final decision.
If there is any change, the manufacturer will notify the sales representatives in writing at least before the actual implementation of these rules.
3. deadline (term):
The period of this agreement is from the year of the year to the year of the year, to the year of the people's Republic of China.
This notice must be submitted to the other party by registered mail within days before the date of validity of the agreement.
4. manufacturer's obligations (obligations of manufacturer):
The manufacturer agrees to manufacture and store sufficient products to ensure that the sales representatives are sold to the sales representatives.
The manufacturer will make an invoice or endorse the customer's order to the customer and improve the product to the customer according to the manufacturer's requirements.
If the manufacturer modifies or stops the production of any product, the manufacturer will immediately notify the sales representative and provide an alternative product.
If the sales representative refuses to sell the substitute product, the agreement will be terminated and the parties will no longer request or be liable to each other.
5. Commission (commissions):
For the services performed according to this agreement, the manufacturer will pay the Commission to the sales representative. The Commission will be calculated according to the percentage of the wholesale price of the goods sold.
The commission payable is remitted to the sales representative on a monthly basis. The date of remittance is within 1 months after the month of delivery to the customer, and all the remittance amounts shall be paid in the form of "gross, negative", "gross" (currency).
6. independent contractor relationship:
The sales representative acknowledges and agrees that the purpose of this agreement is to establish the relationship between the independent contractor, rather than the employee relationship.
This Agreement shall not be construed as trying to establish a partnership, joint venture relationship, entrustment relationship or any other similar relationship, neither party shall be irresponsible to the other party's obligations or obligations, and neither party shall have the right to bind the other party with any contract.
A sales representative has the freedom to employ a staff or an independent contractor, and the manufacturer has no right to restrict, dismiss or employ such personnel.
It is the responsibility of the sales representative to ensure that all legal requirements comply with commercial activities in the company.
In addition, the sales representative is responsible for paying all taxes and charges arising from the sale of products in the name of the country.
When a manufacturer makes a reasonable request, the sales representative will assist in delivering the product to the customer.
7. intellectual property rights:
The sales representatives understand and have two, the manufacturer owns all the trademarks, names, designs, patents and trade secrets (such as intellectual property rights) and other valuable property rights related to the products.
Sales representatives have not been granted any of these rights.
Sales representatives shall not represent any intellectual property rights of their manufacturers.
All advertisements must declare that the manufacturer owns the intellectual property rights in the advertisement, and all advertisements must be delivered to the manufacturer before it is released or published.
Audit and
Approval.
Violation of laws and regulations will result in an immediate termination of this agreement.
8. pfer (assignment):
No party shall pfer the agreement to the other party without the written approval of the other party.
No pfer shall have the effect of the pferor's pfer of responsibility, and the pferor shall continue to bear the responsibility and obligation under this agreement.
9. remedies for breach of contract (remedies for violations):
Both sides agree that they want to establish a mutually beneficial relationship and they will try to resolve any differences between them through friendly consultation.
However, if there is any dispute that can not be settled in this way, the two parties will submit the dispute to the Arbitration Commission to make arbitration binding on both parties.
This clause shall not restrict any feasible actions made by the manufacturer against the sales representative's infringement of his intellectual property rights.
Remedies
。
10. amendment (modification):
This agreement can be modified only if both parties sign it.
11. notice (Notices):
All notices in the agreement shall be delivered in writing to the other party's address specified in the agreement.
If one party's address changes, the other party shall be notified within days after the change takes effect.
The date of receipt is regarded as the date of closing.
12. mutual intention (intention of parties):
Manufacturer
The sales representative has executed this agreement to show that the intention of both parties is restricted by its terms.
The two sides declared that this agreement constituted all their agreements and replaced any previous negotiations, agreements and statements between the two sides.
Each side is encouraged and has the opportunity to get advice from independent experts, including lawyers and accountants, and each side has made decisions independently and has undertaken the responsibilities stipulated in the agreement.
Manufacturer (seal): Sales Representative (signature)
Representative (signed):
This is the year of the year.
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