Sales Agency Agreement
below mentioned and undersigned representatives of
the one part
(hereinafter referred to as " * ")
the other part
dated......have made the following agreement.
1. " XYZ"
undertakes to develop on the contractual territory India Legal agency activity
for (" * ") in the spirit of developing Business relations.
"XYZ" activities according to contract to promote (" * ")
product range from (products you deal in) supply to all related Facilities in
2. In the Contractual
territory (" * ") has right to conclude regarding the contractual
subject direct business transactions, however the copy of all direct dealing
will be provided to "XYZ" for local support.
3. "XYZ" will
undertake discussions on the behalf of (" * ") with local supplier
/Partners and long term business opportunities and other services agencies to
support (" * ") to support business activities. "XYZ" will
inform all discussion with such Parties to (" * ") and such
association will be finalized only subject to final clearance from (" *
4. "XYZ" will
support (" * ") to locate local partners for technologies transfer,
assembling support, technical support and will undertake marketing planning
etc. for (" * ").
5. (" * ")
gives authority to ("XYZ" to represent them self as a Authorized
Representative / agents in India for (" * "), related to products
they deal in and permitted too.
will exercise his agent's activity with professional care and to this aim they
a. "XYZ" will
promote (" * ") and introduce their products through their
business-to-business portal to their regular clients as well as to registered
buyers on regular basis.
b. Ensure sales and see
to their enlargement and increasement of the volume according to the
instructions of (" * ").
c. "XYZ" will
mediate business transactions only clients of good reputation where there is
guarantee of fulfilling of the obligations. ("XYZ") will follow the
economic and property situation of the clients till the payments of the cost
price and will inform (" * ")
d. "XYZ" will
send to (" * ") regularly minimally yearly marketing analyses and
informations on the contractual subject and inform (" * ") on sale
e. "XYZ" will
help the staff of (" * ") - who will visit the contractual territory
- by advice and arrange meetings, presentations, participations in exhibition
and all other services required during their stay to promote the (" *
") in Contractual Territory.
f. F) "XYZ"
will inform (" * ") on all circumstances that might have influence on
the sales (regulations concerning prices, customs, pricing etc.) and will
supply (" * ") with recommendations to remove obstacles and
difficulties, which might result from situation at that time in order to
protect (" * ") interest to procure the orders in the contractual
g. If necessary,
"XYZ" shall introduce (" * ") to experienced local
manufacturers and/ or contractor with good reputation, and steel structure
processing facilities, so that (" * ") could be competitive by
utilizing local resources.
h. "XYZ" will
not inform third person / party which "XYZ" received in relation with
fulfilling this agreement unless this concerns information meant by (" *
") to be passed on to the clients.
is not entitled to make on behalf of (" * ") and to her account any
legal actions without a special full power given in writing, especially to sign
contracts, to approve damage claims etc.
of the (" * ")
1. (" * "),
will supply sufficient product information, technical details, the company
brochure / product brochure in sufficient quantity to promote aggressively.
2. (" * "),
will provide all promotional cost, bidding cost etc. in case (" * ")
agree to participate in bidding process.
undertake to co-operate with (" * ") in the field of publicity and
promotion of the subject of the agreement and to assist (" * ")
during participation in fairs and exhibitions in the contractual territory. The
expenditure must be arranged by (" * ").
undertakes to take full care of the publicity material "XYZ" receive
from (" * "), to distribute it efficiently and to ensure that it is
not abused by the competition.
5. (" * ") will
furnish quotes (prices) with minimum 3 months validity along with the relevant
details to "XYZ". And in case want to change any terms &
conditions will inform "XYZ" well in advance.
1. 1 Each party will pay
itself its own postage, telegraph and other expenses resulting from this
2. If it is necessary -
according to the valid regulations in the contractual territory - to register
this agreement with the authorities the agent is obliged to provide for the
registration at his costs and after expiration of the contract "XYZ"
is obliged to provide for the deletion from the register files and to inform
(" * ") about on this. During his agent activity "XYZ" is
responsible for respecting legal rules and regulations valid in the contractual
3. This agreement does
not create an employment for "XYZ".
4. "XYZ" have
not the right to register for herself the firm's name (" * ") even
after cancellation of this agreement.
5. "XYZ" has
no right to code wholly or partially his own rights following from the present
agreements to third party, however authorized to appoint consultant, if and
when need to help "XYZ" for promotion of (" * ") Product
range in contractual territory.
agrees for association on commission basis, which will be paid subject to
successful business. The percentage shall be determined according to the
contract price and will be decided after mutual discussion between
"XYZ" and (" * ") before quoting price offer to the client.
(" * ") committing the commission to "XYZ" at that point of
time along with payment terms etc.
2. (" * ")
agree to pay some promotional cost to "XYZ". Subject to justification
of such advance requirements to promote (" * ") products in Indian
3. In case of longterm
contracts or of contracts with regular payments - for instance payments in
short installments - an adequate payment for commissions from received payments
will be agreed between (" * ") and "XYZ".
4. The commission will
be paid by (" * ") within 30 Days from receiving the payment from the
client - that means to the Bank account about which (" * ") will be
informed by the "XYZ" in writing, or another way of payment may be
agreed between the "XYZ" and (" * "). The commission will
be paid in the currency used by the foreign client for payments to (" *
5. The commission covers
all claims of the agent connected with his mediation work, however additional
expenses may required and such expenses will be decided at the time of contract
finalization will be included in commission part.
1. This agreement is
valid for a period of 3 years and can be prolonged by mutual agreement.
2. This agreement can be
cancelled before the time for which it has been signed either
a. by mutual agreement
b. loss of the trade
licence of any of the party, in case of declaring bankruptcy or compounding
procedure or in case of the loss of possibilities to realize of this agreement
through his mediation. The notice is realized by a registered letter to the
last known address of the second contractual parties. The notice is made in
time when it was posted before the beginning of notice term.
relations resulting from this contract and legal consequences related to it
including the questions of its validity or its invalidity are governed by the
disputes which might arise in connection with this agreement will be settled in
an amicable way in the first place. If the parties of this agreement will not
reach an accord by friendly discussion all disputes will be referred to three
arbitrators who will be appointed and will act in accordance with Rules of
Arbitration Court of India. Both parties undertake to carry out the award of
such arbitration and take it for final.
agreement is made in 2 copies for each party in English language.
unit of, (" * ")