Shanghai
Kepsun LED Serials Sales Agency Agreement
This agreement is made and entered into by and between the
parties concerned on XX XX XX in XX 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: Shanghai Kepsun Optoelectronics Co.,Ltd. B:
Add: 3336-30-901 Jinxiu Road, Pudong Shanghai China
Add:
Tel: 0086 21 6836 4725 Tel:
Fax: 0086 21 6836 4735 Fax:
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 4,and
Party B accepts and assumes such appointment.
3. Commodity: LED Street Light, Solar Street Light, LED
Bulbs
4. Territory :
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
XX.
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 irrevocable L/C at sight opened by the buyer
in favor of Party A or T/T in advance, which shall reach
Party 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
this area 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 the area and shall not solicit or accept orders for
the purpose of selling them outside this area. Party A
shall refer to Party B any enquiries or orders for the
commodity in question received by Party A from other firms
in this area 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 within the
validity of this agreement, and 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 XX 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 governmental 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 trade-marks owned by Party A for the
sale of LED display 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 LED display 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 XX XX XX to XX
XX XX, 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 through negotiation, the case shall
then be submitted for arbitration to the China International
Economic and Trade Arbitration Commission 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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