Eclusive Agency Agreement
this agreement is made and entered into by and between the parties concerned on__________________ in _________ china on the basis of equality and mutual benefit to develop business on terms and conditions mutually agreed upon as follow
1 the parties concerned
party a_________
add____________
tel_____________
party b_________
add____________
tel_____________
2 appointment
party a hereby appoints party b as its exclusive agent to solicit orders for the commodity stipulate in article 3 from customers in the territory stipulated in article 4and party b accepts and assumes such appointment
3 commodity
golden fish brand washing machines
4 territory
in singapore only
5 minimum turnover
party b shall undertake to solicit orders for the above commodity from customers in the above territory during the effective period of this agreement for not less than usd 10000000
6 price and payment
the price for each individual transaction shall be fixed through negotiations between party b and the buyer and subject to party a＇s final confirmation
payment shall be made by confirmed irrevocable lc opened by the buyer in favor of party a which shall reach parth a 15 days before the date of shipment
7 exclusive right
in consideration of the exclusive rights granted herein party a shall not directly or indirectly sell or export the commodity stipulated in article 4 to customers in singapore through channels other than party b party b shall not sell distribute or promote the sales of any products competitive with or similar to the above commodity in singapore and shall not solicit or accept orders for the purpose of selling them outside singapore party a shall refer to party b any enquiries or orders for the commodity in question received by party a from other firms in singapore during the validity of this agreement
8 market report
in order to keep party a well informed of the prevailing market conditions party b should undertake to supply party a at least once a quarter or at any time when necessary with market reports concerning changes of the local regulations 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 quotations and advertising materials on similar products of other suppliers
9 advertising and expenses
party a shall bear all expenses for advertising and publicity in connection with the commodity in question in singapore within the validity of this agreementand shall submit to party a all audio and video materials intended for advertising for prior approval
10 commission
party a shall pay party b a commission of 5 on the net invoiced selling price on all orders directly obtained by party b and accepted by party a no commission shall be paid until party a receives the full payment for each order
11 transactions between governmental bodies
transactions concluded between govenmental bodies of party a and party b shall not be restricted by the terms and conditions of this agreement nor shall the amount of such transactions be counted as part of the turnover stipulated in article 5
12 industrial property rights
party b may use the trademarks owned by party a for the sale of the washing machines covered herein within the validity of this agreement and shall acknowledge that all patents trademarks copy rights or any other industrial property rights used or embodied in the washing machines 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 rights
13 validity of agreement
this agreement when duly signed by the both parties concerned shall remain if force for 12 months from october 1 1992 to september 301993 and it shall be extended for another 12 months upon expiration unless notice in writing is given to the contrary
14 termination
during the validity of this agreement if either of the two parties is found to have violated the stipulations herein the other party has the right to terminate this agreement
15 force majeure
either party shall not be held responsible for failure or delay to perform all or any part of this agreement due to flood fire earthquake draught war or any other events which 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 send a certificate of the event issued by the relevant authorities to the other party within 15 days after its occurrence
16 arbitration
all disputes arising from the performance of this agreement shall be settled through friendly negotiation should no settlement be reached throught negotiation the case shallthen be submitted for arbitration to the china international economic and trade arbitration commission (beijing) and the rules of this commission shall be applied the award of the arbitration shall be final and binding upon both parties
party a_________ party b_________
(signature) (signature)
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this agreement is made and entered into by and between the parties concerned on__________________ in _________ china on the basis of equality and mutual benefit to develop business on terms and conditions mutually agreed upon as follow
1 the parties concerned
party a_________
add____________
tel_____________
party b_________
add____________
tel_____________
2 appointment
party a hereby appoints party b as its exclusive agent to solicit orders for the commodity stipulate in article 3 from customers in the territory stipulated in article 4and party b accepts and assumes such appointment
3 commodity
golden fish brand washing machines
4 territory
in singapore only
5 minimum turnover
party b shall undertake to solicit orders for the above commodity from customers in the above territory during the effective period of this agreement for not less than usd 10000000
6 price and payment
the price for each individual transaction shall be fixed through negotiations between party b and the buyer and subject to party a＇s final confirmation
payment shall be made by confirmed irrevocable lc opened by the buyer in favor of party a which shall reach parth a 15 days before the date of shipment
7 exclusive right
in consideration of the exclusive rights granted herein party a shall not directly or indirectly sell or export the commodity stipulated in article 4 to customers in singapore through channels other than party b party b shall not sell distribute or promote the sales of any products competitive with or similar to the above commodity in singapore and shall not solicit or accept orders for the purpose of selling them outside singapore party a shall refer to party b any enquiries or orders for the commodity in question received by party a from other firms in singapore during the validity of this agreement
8 market report
in order to keep party a well informed of the prevailing market conditions party b should undertake to supply party a at least once a quarter or at any time when necessary with market reports concerning changes of the local regulations 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 quotations and advertising materials on similar products of other suppliers
9 advertising and expenses
party a shall bear all expenses for advertising and publicity in connection with the commodity in question in singapore within the validity of this agreementand shall submit to party a all audio and video materials intended for advertising for prior approval
10 commission
party a shall pay party b a commission of 5 on the net invoiced selling price on all orders directly obtained by party b and accepted by party a no commission shall be paid until party a receives the full payment for each order
11 transactions between governmental bodies
transactions concluded between govenmental bodies of party a and party b shall not be restricted by the terms and conditions of this agreement nor shall the amount of such transactions be counted as part of the turnover stipulated in article 5
12 industrial property rights
party b may use the trademarks owned by party a for the sale of the washing machines covered herein within the validity of this agreement and shall acknowledge that all patents trademarks copy rights or any other industrial property rights used or embodied in the washing machines 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 rights
13 validity of agreement
this agreement when duly signed by the both parties concerned shall remain if force for 12 months from october 1 1992 to september 301993 and it shall be extended for another 12 months upon expiration unless notice in writing is given to the contrary
14 termination
during the validity of this agreement if either of the two parties is found to have violated the stipulations herein the other party has the right to terminate this agreement
15 force majeure
either party shall not be held responsible for failure or delay to perform all or any part of this agreement due to flood fire earthquake draught war or any other events which 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 send a certificate of the event issued by the relevant authorities to the other party within 15 days after its occurrence
16 arbitration
all disputes arising from the performance of this agreement shall be settled through friendly negotiation should no settlement be reached throught negotiation the case shallthen be submitted for arbitration to the china international economic and trade arbitration commission (beijing) and the rules of this commission shall be applied the award of the arbitration shall be final and binding upon both parties
party a_________ party b_________
(signature) (signature)
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