Model product agency agreement 1
Agreement number: _ _ _ _ _ _
Supplier (hereinafter referred to as Party A):
Sales Agent (hereinafter referred to as Party B):
Based on the principle of mutual benefit and friendly negotiation, Party A and Party B have reached the following agreement on the cooperative distribution of Party A's products and the provision of technical services for their products:
1.0 scope of cooperation
1. 1 Party A authorizes Party B to act as Party A's agent in the designated area and sell (branded) business communication products as follows;
1) Authorized agent products: (hereinafter referred to as? Product? );
2) The authorized area includes: (hereinafter referred to as? Designated area? )。
1.2 The above designated areas are not exclusive to Party B, and Party A has the right to develop other agents.
1.3 Without the approval of Party A, Party B shall not authorize its subordinate agents.
2.0 Sales target and cooperation period
2. 1 Party B agrees that the first order amount after the signing of this agreement is RMB fifty thousand yuan only (50,000 yuan), which shall be paid to Party A in full.
Thereafter, the order amount for each quarter shall not be less than RMB fifty thousand Yuan only (RMB 50,000).
2.2 This agreement shall come into effect from the date of signing and terminate on XX, and can be turned into a first-class agent after examination.
3.0 Principles and Terms of Cooperation
3. 1 As the agent of Party A, Party B shall actively sell Party A's products in the designated area, develop potential customers and expand market share.
Within the range of products sold by the agent, Party A's products shall be the main products.
3.2 When selling, Party B shall not compete at low prices, cross-border sales or intentionally slander the reputation of Party A and/or other agents.
Party A has the right to cancel this agreement immediately if the relevant misconduct eventually leads to the user's termination of purchase, cancellation of contract or switch to other brand products.
4.0 Rights and obligations of Party A
4. 1 Party A provides qualified products to Party B at a fair, reasonable and uniform price, provides product sales materials and market information, and plans product advertising, product display and market promotion.
4.2 Party A shall provide business and engineering technical training and support to Party B, and establish a nationwide sales and after-sales service network with agents.
As the general agent in North China and Northwest China, Party A does not sell to end users in the areas under its control.
4.3 Party A has the right to request Party B to provide the inventory, product flow direction, sales orders and details/sales outlets of its subordinate agents for Party A's review and filing, and Party A shall provide Party B with sales information and inventory.
4.4 Party A shall keep the business information provided by Party B strictly confidential and shall not disclose it to a third party without Party B's consent.
4.5 Party A and Party B will assess the progress and performance quarterly according to the agreed sales target.
If it fails to meet the standards, Party A may notify Party B in writing 1 month in advance to cancel the agency right in part or in whole in the designated area until this Agreement is terminated.
5.0 Rights and obligations of Party B
5. 1 Party B shall sell the products in the designated area at the price specified by Party A, and shall not dump them across regions and/or at low prices. If there is cross-regional sales, you must negotiate with the general manager in charge of the region to buy goods.
5.2 Party B shall not compete with other agents for customers outside the designated area.
For (brand) internal customers, their affiliated enterprises and Party A's major customers, Party B shall not use the products of this agreement to compete with Party A or (brand) series switches.
5.3 Party B may ask Party A to provide marketing and technical service support, and ask Party A to participate in product promotion and hold a demonstration meeting in the designated area.
5.4 In order to protect the interests of users and the brand image of (brand), Party B shall directly purchase all products and related supporting equipment/software from Party A to ensure the technical quality and normal use of products.
Without the approval of Party A, it is not allowed to purchase from a third party.
5.5 Party B shall cooperate with Party A to establish a national market information network, provide accurate market and competitor information to Party A in time, and actively cooperate with Party A to promote and sell Philips communication products and services in business activities.
6.0 Sales Behavior Regulations
6. 1 product price
6. 1. 1 Party B must abide by Party A's price regulations. Please refer to Annex I for the detailed price.
6. 1.2 (brand) will review the price regulations at the beginning of each year, and Party A will notify Party B in writing according to the latest price regulations of (brand).
For sales orders confirmed before price adjustment, the unit price will not be adjusted.
6.2 ordering process
6.2. 1 At the beginning of each month or quarter, Party B shall send it to Party A in the form of a standard purchase order.
Each purchase order must specify the quantity, product type and delivery time.
The purchase order may also be accompanied by other terms on procurement and transportation and other conditions agreed in writing in advance.
6.3 Payment Terms
6.3. 1 Party B shall, within three (3) days after the order is confirmed, remit the deposit of thirty percent (30%) of the total price to the account designated by Party A, and fax the remittance slip to Party A. The remaining seventy percent (70%) shall be paid in one lump sum before delivery, and Party A will arrange delivery after receiving the full amount.
If Party B fails to pay the deposit and balance according to the payment terms, Party A has the right to postpone the agreed delivery date.
6.4 delivery date
6.4. 1 Party A shall arrange delivery within thirty (30) days after receiving the contract deposit. If there are special requirements for delivery arrangements, Party A and Party B can solve them through consultation.
If the goods are lost or damaged in transit, Party A will be responsible.
6.5 Quality Assurance and After-sales Service
6.5. 1 the quality guarantee period of the products sold by party a is fifteen months (15), counting from the delivery date.
During the warranty period, if the product fails under normal working conditions, Party A will provide maintenance services for the product free of charge, and Party B will be responsible for the transportation expenses of the first trip.
In case of any fault caused by man-made, improper operation or natural loss/disaster, Party B shall be responsible for all maintenance expenses and pay all transportation expenses arising therefrom.
6.5.2 In case of product failure caused by product design and/or manufacturing defects and/or software defects, Party A shall be responsible for free maintenance, and Party B shall be responsible for transportation expenses for one-way maintenance.
6.5.3 In addition to the quality guarantee, Party A will charge maintenance fees and related transportation fees not higher than twenty percent (20%) of the product agency price, and the repaired hardware will enjoy a six (6) month quality guarantee period.
6.5.4 Party B shall collect the plates to be repaired and classify them according to the shelf life, and distribute them to Party A at the beginning of each month.
Party A will check the damage of the board after receiving it, and complete the maintenance within thirty (30) days and notify Party B, and Party B shall pay the related maintenance fee within seven (7) days after receiving the notice.
Before paying the maintenance fee, Party A has the right not to return the relevant circuit board.
If Party B fails to pay the relevant maintenance expenses within thirty (30) days after receiving the notice, Party A has the right to dispose of the plate sent for repair by itself to compensate Party A for the maintenance expenses and related expenses.
6.5.5 Party A will notify Party B to handle the unrepairable plate. If Party B fails to reply within thirty days (30 days) after the notice is issued, Party A has the right to deal with the board that cannot be repaired by itself, and Party B has no right to pursue it.
6.5.6 Party B shall provide users with good sales and technical services, train enough qualified engineers to provide on-site product installation and maintenance services, and reserve enough spare parts to meet customers' maintenance and replacement needs.
6.6 Anti-channeling and Anti-low-price management
6.6. 1 The act of Party B sending Party A's products to areas outside the designated area and accepting foreign orders is called goods smuggling.
6.6.2 Party A and Party B shall record the serial number of products and the receiving unit/agent in detail, so as to track the flow of products and supervise the smuggling of goods.
6.6.3 Party A has the right to supervise Party B and review sales orders and delivery records. If any goods are found to be smuggled, Party A may punish Party B to compensate the infringed agent.
6.6.4 The compensation for smuggled goods will be 100% of the price of smuggled goods. According to the agency price, 50% of the fine will be paid directly to smuggled goods as compensation for smuggled goods.
If Party B is impacted by foreign goods, Party B has the right to obtain the same compensation from the buyer according to Party A's regulations.
6.6.5 When proving other people's goods smuggling behavior, Party B shall provide valid certificates such as product purchase invoice and serial number, and provide evidence objectively and honestly.
6.6.6 Party B shall sell in the designated area according to Party A's price system to prevent and stop dumping at low prices.
6.6.7 In case of serious goods smuggling and low-price dumping, Party A has the right to immediately cancel Party B's agency qualification and investigate its economic responsibility.
7.0 Trademark Use
Without the written approval of Philips, Party B has no right to use the trademarks and/or text marks of Philips.
8.0 Responsibility for Confidentiality
8. 1 As far as this agreement is concerned, Party B has only the right to consult the confidential information provided by Party A for cooperation.
8.2 Party B promises that it will not use, disclose or allow any third party to use the confidential information for purposes other than this agreement, nor will it disclose any confidential information belonging to Party A to its employees unless these employees need to know the confidential information for work reasons.
8.3 Party B will sign the same or similar confidentiality agreement with the employees who know and understand Party A's confidential information for the above reasons, and will take all reasonable measures to protect the confidential information, so as to prevent it from being used by employees who know and understand the confidential information or being mastered and understood by the public under the cooperation content determined by both parties.
8.4 The transfer of confidential information by Party A to Party B under this Agreement does not mean that Party A grants Party B any patent right or copyright, or that Party B has any other rights to such confidential information.
8.5 The above-mentioned confidentiality period shall be valid for three (3) years from the effective date of this Agreement to the end of the agency relationship between both parties.
8.6 If this Agreement is terminated, Party B shall return all business documents, catalogues, advertising materials, technical materials, samples and other materials required for selling Party A's existing products within ten (10) days from the date of termination.
Party B shall also provide Party A with a detailed list of customers related to Party A and corresponding reports to ensure continuous service to customers, and Party B shall not use Party A's brand or name for business activities in any way.
8.7 If Party B violates the above agreement, Party B will unconditionally guarantee to compensate all the direct and indirect losses caused to Party A thereby.
9.0 Effective and Termination of the Agreement
9. 1 This agreement shall come into force after being signed and sealed by both parties.
From the effective date of this contract, it will replace all previous oral or written agreements.
9.2 If one party fails to perform its obligations under this Agreement or violates the relevant provisions of this Agreement, the other party shall promptly notify the defaulting party in writing to stop the behavior.
If the breaching party fails to make corrections within fifteen (15) days after receiving the correction notice, the party giving the notice has the right to terminate this contract immediately and demand the breaching party to compensate for the losses caused thereby.
9.3 During the validity period of this contract, either party may notify the other party in writing three (3) months in advance to terminate this contract.
Under the following circumstances, Party A has the right to notify Party B in writing to terminate this contract at any time:
9.4 Party B goes bankrupt or receives bankruptcy order, or carries out rectification;
9.5 The shareholder or controlling party of Party B changes or Party B's business is transferred to other parties.
9.6 If the performance of this Agreement is delayed or cannot be fully performed due to an event of force majeure, either party shall notify the other party in writing within ten (10) days from the date of the event and explain the reasons, and shall take measures to prevent the loss from expanding.
If the loss of the other party is enlarged due to the failure to notify the other party in time or take corresponding measures, the breaching party shall be liable for compensation for the enlarged loss.
If the accident cannot be eliminated within ninety (90) days after the accident, both parties may terminate this contract through written negotiation.
The above force majeure refers to unpredictable and uncontrollable emergencies including but not limited to natural disasters, government actions and wars.
10.0 dispute resolution
In case of any dispute between the two parties in connection with this agreement or in the course of performance, both parties shall settle it through consultation; If negotiation fails, a lawsuit can be brought to the people's court with jurisdiction where Party A is located.
1 1.0 notification address
If the address, telephone number and fax number indicated in Part I of this Agreement are changed, either party shall promptly notify the other party in writing, otherwise the responsible party shall bear the consequences caused by the failure to deliver the relevant notice.
12.0 partial failure
The invalidity of any part of this contract shall not affect the validity of the remaining clauses of this contract.
Title of 13.0 protocol
The title of this agreement is for identification only and does not affect the interpretation of this agreement or any part thereof.
14.0 copy of the agreement and its annexes
This agreement is made in duplicate, one for each party.
The following annexes are an integral part of this agreement and have the same effect as this agreement.
Annex I, Price Terms
Annex II. Copy of Party B's business license, tax registration certificate, organization code certificate, legal person ID card and business card (with official seal)
Party A: Party B:
Date: Date:
Model product agency agreement 2
Party A: _ _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Phone number: _ _ _ _ _ _ _ _ _ Phone number: _ _ _ _ _ _ _ _ Phone number: _ _ _ _ _ _ _ _ _ _ Phone number
Fax: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Based on the principles of voluntariness, equality and mutual benefit, and in accordance with the Contract Law of People's Republic of China (PRC), Party A and Party B have reached the following agreement on the distribution of Party A's _ _ _ _ _ _ series products through friendly negotiation:
I. Rights and obligations of Party A and Party B
1. Party A is the supplier of _ _ _ _ _ series products, and Party B is the distributor.
2. Sales scope: Party A designates Party B to sell Party A's products within the scope of _ _ _ _ _.
3. As the distributor of Party A, Party B shall fulfill the responsibilities of the distributor.
According to the sales requirements of Party A's sales strategy, try your best to sell Party A's products in the above areas.
Party A shall also ensure adequate supply of goods.
4. The product model is determined by the order and receipt, and the receipt shall prevail.
5. Calculation of transportation and freight: Party A supplies goods to Party B by CIF, that is, Party A is responsible for the freight of transporting products to the distribution station in Party B's area, and Party B is responsible for all the expenses of goods from the local distribution station to Party B's warehouse.
6. Party A shall provide Party B with products that meet the national standards. If Party B finds that the quality of the products is unqualified, Party B has the right to ask Party A to exchange the goods. However, Party B shall be responsible for the quality problems caused by Party B's careless storage or all the damages caused by Party B in the sales process, and Party A shall not be responsible.
7. Goods are damaged or returned: If Party B finds shortage or defective packaging during acceptance, which affects sales, it shall immediately indicate it on the delivery note and ask the delivery department to sign it as a witness;
Party B is obliged to provide relevant documents to Party A so that Party A can claim compensation from the insurance company. If Party B fails to show or fulfill its obligation to provide documents, Party A will consider Party B correct in all receipts.
8. Sales task: The total sales volume that Party B should complete is _ _ _ _ _ _ _ _ _ _ units/year.
9. Payment method: The payment method of Party A to Party B is cash on delivery, that is, Party B must first remit the payment to Party A's account for each order, and Party A will deliver the goods within 5 days after confirming the payment (except for force majeure).
10. Party A is responsible for providing all-round technical support to Party B and training after-sales service personnel for Party B (the training place is at the location of Party A's company).
II. The special obligations and rewards of Party B are 1. Party A has the right to ask Party B to keep the inventory of all specifications of the products sold by Party A for one month, so as to adjust the inventory increase or decrease.
2. Cooperative action: When Party A carries out resources for product promotion activities in the local area, Party B is obliged to provide manpower and goods borrowing services.
3. Price control: Party B can enjoy the distributor's supply price of Party A, and Party B guarantees to provide the retailers and wholesalers with the supply prices of the second-class wholesalers and retailers designated by Party A. ..
At the same time, Party B has the obligation to control its suppliers to sell to the final consumers at the retail price suggested by Party A (the supply price, retail supply price and retail price of secondary wholesalers will be notified by Party A separately).
4. Preferential treatment of Party B:
As a distributor, Party B can enjoy the ex-factory price of _ _ _ _ _ _ yuan/set;
Party B can enjoy _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
If Party B's sales performance is particularly excellent, Party A will give Party B greater preferential treatment, and the specific preferential measures will be determined by Party A separately.
Three. Alteration and termination of the contract
1. Both parties can modify this contract through friendly negotiation.
2. If Party B fails to reach the sales target set by Party A for three consecutive months, Party A will regard Party B as automatically terminating this agreement.
3. After the expiration of this agreement, Party A and Party B negotiate whether to renew this agreement, and Party B has the priority to renew this agreement.
Four. Liability for breach of contract:
1. For the following acts of Party B, Party A may suspend or terminate this Agreement at any time. If Party B breaches the contract (such as one of the following three acts), Party B shall bear the liability for breach of contract:
(1) Party B sells Party A's products beyond the sales scope;
(2) Party B violates the settlement regulations and fails to pay as required;
(3) Party B's monthly sales volume has not reached the sales volume required by Party A for two consecutive months;
(4) Party A's rights can't be guaranteed if Party B's operation encounters major difficulties or major changes, such as being contracted by others and possibly going bankrupt.
2. Any dispute arising from this agreement shall be settled by both parties through friendly negotiation. If negotiation fails, it may apply for arbitration or be under the jurisdiction of the people's court where Party A is located.
Verb (abbreviation of verb) supplementary clause
1. The validity period of this agreement is: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. For other unfinished matters, both parties can negotiate amicably.
3. This Agreement is made in duplicate, one for each party, and shall come into force after being signed and sealed.
4. The confirmation letter of the consignee of Party B is an annex to this contract.
Party A: _ _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal representative: _ _ _ _ _ _ _ _ _ _ _ _ _ Legal representative: _ _ _ _ _ _ _ _ _ _ _
Signature representative: _ _ _ _ _ _ _ _ _ _ _ _ Signature representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date of signing: _ _ _ _ _ _ _ _ _ _ _ Date of signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _