Agreement between a Company and Sole Selling Agents
The sole-selling agents hereby covenant:
That they will exclusively engage in the sale of the company’s products to the best of their efforts and shall not engage in the sale of similar or identical products of other manufactures.
That they will protect preserve and maintain patents and trade mark of the company’s products sold by them in all possible manners at their own cost and will never allow others to use the same in an unauthorized manner.
That they will keep and maintain the full and complete accounts of the sale of the company’s products, area-wise and region-wise and submit quarterly reports of sale, stock in hand, realization of credit bills and any other information as may be desired by the company at any time or from time to time;
That they will not create any obligation involving payments either in cash or king on behalf of the company and shall not assign the interest, rights and obligations arising out of these presents to any third party;
That they shall keep the company well informed of the demands of the company’s products arising in the territories of their operation from time to time.
The company also hereby covenants as under:
That it shall provide the sole-selling agents complete catalogue, instruction books, Circulars for promoting sales of its products and publish advertisements in local and regional newspapers for promoting sales of the company’s products.
That it shall execute orders placed by the sole-selling agents with all reasonable dispatch.
That it shall not entertain and execute direct orders from the territories assigned to the sole-selling agents and in case any orders are received by it the same shall be passed on to the sole-selling agents and they will be paid commission 20% on such orders.
The parties hereto hereby agree as under:
That nothing contained herein shall prejudice the rights of the company to appoint another selling agents in any of the aforesaid States or to open its own retail shop in writing where it is found necessary to promote public distribution system or to execute any special programme of the Government of India. However, so the company shall obtain prior consent in writing of the sole-selling agents in that behalf.
That the retail price of the product shall always be determined by the company in consultation with the sole-selling agents.
That the agreement is renewable subject to mutual consent of the parties hereto on the expiry of five years.
That the agreement may be terminated by either party on giving six months, notice in advance to the other party in writing but by registered post.
That any dispute arising between the parties hereto shall be referred to the sole arbitrator Shri……………….and the decision or award of such arbitrator shall be binding upon the parties hereto.
That the Delhi courts will have the sole and exclusive jurisdiction to decide the issues in dispute between the parties hereto.
In Witness Whereof the parties hereto have signed this agreement on the day and year first written above.
