DRAFTED BY
SRIDHARA BABU N
LEGAL DOCUMENTATIONS
9880339764Agreement for Marketing Software & Hardware
AN AGREEMENT made this ..........................day of.......................... 200.. BETWEEN M/S ……………………………………………………………………………………………………………… a company registered under companies act 1956, having its registered office at ……………………….. ……………………………………………………………………………………. Duly represented by its GPA holder Mr …………………………………. S/O …………………………………………………. Aged …… years resident of …………………………………………………………………………….., Herein afterwards called as the company, unless repugnant to the context herein the word shall mean and include its successors in office, administrators, executors of the one part and Mr …………………………………. S/O …………………………………………………. Aged …… years resident of …………………………………………………………………………….., Herein afterwards called as the agent, unless repugnant to the context herein the word shall mean and include his heirs for any dues and liability as an agent of the other part
WHEREBY IT IS MUTUALLY AGREED as follows:
The Company appoints the Agent as its agent in........... for the sale of Software & Hardware of Computers and other electronic office equipments and merchandise as may be decided upon and directed by the Company for............ years commencing from...........
The Agent shall during the said term of.................. years, determinate as hereinafter mentioned, faithfully and diligently serve the Company as its agent and endeavour to extend the sale -of the Company's said goods, produce and merchandise in the said territory.
The Agent shall provide for himself a suitable office at............. or elsewhere as may be directed by the Company for the purpose of carrying on the agency hereby created.
The Agent shall maintain a well-furnished showroom wherein the products of the Company shall be displayed and shall exhibit at a conspicuous part of such office and showroom as aforesaid an inscription notifying to the public that he is acting as the agent of the Company and shall also exhibit a like inscription on all invoices, bills, memos, letter, papers and labels used in connection with the said Agency.
The Company shall from time to time furnish the Agent with a statement of the minimum prices at which the said goods, produce and merchandise are respectively to be sold and the Agent shall not sell the same below such minimum prices but shall endeavor to obtain the best price respectively procurable.
During the subsistence of the agency hereby created the Agent shall devote his whole time and attention to the sale of the Company's said goods produce and merchandise and shall not sell goods, produce or merchandise or the same or similar class or any other wares whatsoever as shall or may compete or interfere with the sale of the Company's said goods, produce or merchandise either on his own account or on behalf of any other person, firm or company and shall not do or suffer to be done any act whatsoever as may prevent such sale or otherwise interfere with the development of the Company's trade or business in those commodities in the said country,
Upon receipt of an order for any such goods, produce or merchandise as aforesaid the Agent shall immediately transmit the same to the Company and the Company on being satisfied that the terms and conditions on the part of the Agent to be observed and performed hereunder have been duly fulfilled shall execute the said order by supplying the said goods, produce or merchandise direct to the purchaser.
Upon the execution of such order as aforesaid the Company shall forward to the Agent a duplicate copy of the invoice sent with the goods to the purchaser thereof and shall from time to time inform the Agent when payment is made by any purchaser to the Company.
The Agent shall duly keep an account of all his dealings as such agent and shall within a week after every six calendar months send a copy of such account to the Company and on the same being found correct the Company shall pay to the Agent the commission next hereinafter mentioned.
The Company shall allow the Agent by way of commission ............ percent of the invoiced price of all goods, produce and merchandise ordered through the Agent and duly paid for by the respective purchasers thereof.
The Company shall during the subsistence of the agency hereby created pay to the Agent by way of additional remuneration a sum of Rs. .......... per month. Such monthly remuneration shall be remitted to the Agent within ……. week of every month. In like manner the Company shall also pay to the Agent the cost of all …………… sent to it by the Agent in connection with the sale of the Company's said goods, produce and merchandise.
The Company may by notice to the Agent terminate this agreement and thereupon the agency hereby created shall cease except so far as concerns the rights of either party in connection with any act, deed or thing done, omitted or suffered by either party prior to such determination.
The agency hereby created shall be terminated by the death of the Agent or by his becoming incapable of doing business for a period of ............ months or by his becoming a bankrupt or by his effecting a composition with his creditors and shall, save so far as concerns the rights and remedies of the Company, ipso facto determine on the Agent committing any act of fraud on the Company.
The Agent shall duly maintain and preserve or cause to be maintained and preserved all usual and proper books of account and all other papers and documents relating to the agency hereby created and shall permit the Company and all persons authorized by it from time to time to examine the same or to take or cause to be taken copies of or extracts from such books, papers and documents and/or to remove or take away the same. The said books, papers and documents shall be the property of the Company and delivered to it or its authorized representative on determination howsoever of the agency hereby created un-defaced and un-mutilated.
The Agent shall in all cases make necessary enquiries into the financial position and commercial status of all persons, firms and companies with whom he may deal on behalf of the Company and shall give to the Company all information’s it may desire of such persons, firms and companies.
The Agent shall send to the Company a weekly report, of all business done by him on its behalf and of his efforts to extend its business and shall give to the Company all other information’s which it may desire to have and shall also send to the Company such cables from time to time as may be necessary in connection with the said business.
All questions or differences whatsoever which may hereafter arise between the parties hereto touching these presents or the subject-matter thereof or arising out of or in relation thereto shall be referred to arbitration which shall be held at …………………
COMPANY
GPA HOLDERS
Photo
WITH COMPANY SEAL
LTM FOR IDENTIFICATION
SIGNATURE
Name:…………………………………….
AGENT
Photo
LTM FOR IDENTIFICATION
SIGNATURE
Name:…………………………………….
Witnesses
- Name……………………………..
S/O……………………………….
Adress……………………………
……………………………………
…………………………………….
……………………………………. SIGNATURE
- 2 Name……………………………..
S/O……………………………….
Adress……………………………
……………………………………
…………………………………….
……………………………………. SIGNATURE