Non-Exclusive Agency Agreement
This agreement is made and entered into by and between the parties concerned on …................. (Date) in …............. (Place) on the basis of equality and mutual benefit to develop business on terms and condition mutually agreed upon as follows:
Article 1 : The Parties Concerned.
Party A: TEDERIC MACHINERY CO., LTD
Party B: WIN INNOTECH CO., LTD
Article 2 : Appointment and acceptance.
Party A hereby appoint Party B as its Agent to solicit order for the commodity stipulate in article 3 (full set of Injection Molding Machine ) from customers in the territory stipulated in Article 4 ….............and Party B accepts and assumes such appointment.
Article 3 : Commodity and brand
Commodity : Full set of Injection Molding Machine
Article 4 : Territory
The territory covered under this agreement shall be expressly confined to …....................................only.
Article 5 : Price and Payment
The price for each individual transaction shall be fixed through negotiations between Party B and the buyer,
A: Party A agree to offer annual price list for Party B, and Party B shall be informed if there is any price modification due to the fluctuation of raw material and exchange rate.
B. Payment shall be made by 100% T/T before shipment , or confirmed , irrevocable L/C opened by the buyer in favor of Party A, with shall reach Party A 30 days before the date of shipment.
Article 6 : Market Report
Party B should undertake to supply Party A, at least once a quarter or any time when necessary , with market report concerning changes of the local regulation in connection with the import and sales of the commodity covered by this agreement , local market tendency and the buyer's comments on quality , packing ,price , etc. of the goods supplied by Party A under this agreement . Party B shall also supply party A with quotation and advertising materials on similar products of other suppliers.
Article 7 : Advertising and Expenses.
Party B shall all expenses for advertising and publicity in connection with the commodity in question in …........within the validity of this agreement , and shall submit to Party A all audio and video materials intended for prior approval.
Article 8 Commission
Party A shall pay B a commission price difference on the net invoiced selling price on all orders directly obtained by Party B and accepted by Party A. Within 30 days from the date Party A receives the full payment for each order , Party A shall paid the commission to Party B.
Article 10 Industrial Property Right .
Party B use the trade-marks owned by Party A for the sale of the Injection Molding Machine covered herein within the validity of this agreement , and shall acknowledge that all patents, trademarks, copy right or any industrial property rights used or embodied in the Injection Molding Machine shall remain to be the sole properties of Party A. Should any infringement be found , Party B shall promptly notify and assist Party A to take steps to protect the latter's right.
Article 11 Validity of Agreement,
This agreement , when duly signed by the both parties concerned, shall remain effect for ….. years from (date) to …................(date) . Both Party A and Party B shall consult each other for renewal of this agreement . If the renewal of this agreement is agreed upon by both parties , this agreement shall be renewed for another one year period under the terms and conditions.
Article 12 : Termination,
In case there is any non-performance and / or violation of the terms and condition under this agreement by either party during the effective period of this agreement , the parties here to shall do their best to settle the matter in question as prompt and amicable as possible to mutual satisfaction . Unless settlement should be reached within thirty days after notification in writing of the other party , such other party shall have the right to cancel this agreement and the loss and damages sustained thereby shall be indemnified by the party responsible for the non-permance and /or violation . Futher in case of bankrupt or insolvency or liquidation or death and / or reorganization by the third party of the other party either has the right to terminates this agreement.
Article 13 : Force Majeure.
Either party shall not be responsible for or delay to perform all any part this agreement due to flood, fire , earthquake , draught , war or any other events with could not be predicted , controlled , avoided or overcome by the relative party. However, the party affected by the event of force Majeure shall inform the other party of its occurrence in writing as soon as possible and thereafter sends s certificate of the event issued by the relevant authorities to the other party within 15 days after its occurrence.