Normally manufacturing companies appoint selling agent to sell sale of products as it is a Herculean task to do manufacturing and selling activities simultaneously. The selling agent will get commission on sale of goods. Some companies appoint sole selling agent for their product. They may or may not appoint sub-agent to sell products in different areas.
Sample Format of Agreement to appoint selling agent for a manufacturing Company is given below.
AGREEMENT OF APPOINTMENT OF SOLE SELLING AGENT
This Agreement made on this _____day of _________________
BETWEEN
______________Company Ltd, a company registered under the companies Act 1956
manufacturers of___________ (Hereinafter called the "Manufacturers") of the One
Part
AND
_______________ (Hereinafter called the "Agent") of the Other Part.
WHEREAS the manufacturers are engaged in the manufacture of _________and are desirous of appointing a sole selling agent for the sale of the same.
AND WHEREAS the sole agent has approached the manufacturers for appointment as the sole selling agent for ___________ goods of the manufacturers and is willing to perform the duties as such.
NOW THIS DEED WITNESSES AND THE PARTIES HERETO HEREBY AGREE AS UNDER
1. The company appoints the agent and the agent agree to act as company's sole
selling agent for the State of _______ with effect from _______ or a period of
five years for the promotion and sale of the company's products in the said
area.
2. The agent shall make sale of the company's products and shall work
conscientiously for the promotion and sale of company's products.
3. The agent shall sell the goods in retail at the retail rates fixed by the
company. The agent shall not sell the goods in retail below the retail price
fixed by the company.
4. The agent shall be entitled to a commission of __% (_____r per cent) on the
net proceeds of the sale of such goods. However, the commission shall be payable
upon money actually received and not on outstanding debts.
5. The company will not effect direct sale of its products within the area of
the State of Rajasthan and all inquiries, orders and correspondence received by
the company in relation to that area shall be forwarded to the agent to be dealt
with.
6. The company shall supply the goods to the agent at its own cost and charge as
early as possible after receipt of the order in writing.
7. The company shall reimburse to the agent all reasonable expenses for carriage
or delivery of said goods, and other reasonable expenses attending the sale
thereof.
8. The agent shall maintain proper accounts of
(i) all goods received by them;
(ii) the particulars of the sale thereof;
(iii) all credits given on account of any goods. The company's executive and
authorized officials shall be entitled to inspect such accounts at reasonable
times, who may also take copies or extracts from the same or any of them.
9. The agent will submit true and proper accounts of
(i) all goods received by them;
(ii) all orders received by them;
(iii) the particulars of all sales;
(iv) other transactions made and
(v) of all money received and spent by them for and on account of the goods
of every quarter to the company in the first week of every quarter. The company
will have the right to check the accounts with the account books.
10. The parties shall settle accounts respecting the sale of goods and other
matters on the day in every year.
11. The company will be entitled to issue reasonable directions and instructions
to the agent relating to the sale of the company's products or otherwise
relating to the agency business during the continuance of the agency and the
agent will be bound to obey and observe the said directions and instructions,
unless prevented by unavoidable cause.
12. The agent shall not during the continuance of the agency buy, sell or deal
in the products manufactured by the company, for or on account of any other
person other than the company without the consent of the company in writing.
13. The agent shall not pledge the company's goods supplied to them without the
consent in writing of the company.
14. The agent shall deposit with the company a security of Rs ______ in cash for
the due performance of this Agreement. The agent shall be entitled to simple
interest at the rate of __ % per annum on the amount of the security deposited
by them with the company, which shall be paid at the time of settlement of
accounts every year. Without prejudice to its other rights, the company may at
its discretion, adjust dues or losses suffered by it on account of breach or
non- compliance of the terms of this agreement from the security.
15. The company may terminate this agreement, if the agent fail to comply
with the terms of this agreement or do not make satisfactory sale of the
company's products. The company's opinion shall be final in this regard.
However, the company shall give one month's notice to the agent to submit its
explanation on the grounds on which the company intends to terminate the
agreement.
16. Either party may terminate the agreement by giving three months notice in
writing to the other party. The accounts between the parties shall be settled
and finally adjusted within the three months from the date of termination of
agency.
17. On the termination of this agreement, the agent will deliver the goods as
shall remain unsold, all books of account and documents relating to the said
agency to the company.
18. The agent shall not assign or transfer the agency to any other person in any
manner without the consent of the company in writing.
19. All disputes and differences of any kind whatever arising out of or in
connection with this agreement shall be referred to the arbitration and final
decision of an arbitrator to be agreed upon and appointed by both the parties or
in case of disagreement as to the appointment of a single arbitrator to the
appointment of two arbitrators, one to be appointed by each party and if there
are two arbitrators, they shall before taking upon themselves the burden of
reference appoint a third arbitrator who shall act as Presiding Arbitrator. This
submission to the arbitrators shall be deemed to be a submission to arbitration
within the meaning of the Arbitration and Conciliation Act, 1996 or any
statutory modification thereof. The award of the arbitrator or arbitrators as
the case may be, shall be final and binding on the parties.
20. This agreement shall be executed in duplicate. The original shall be
retained by the company and duplicate by the agent. The agent shall bear the
stamp duty and other expenses on the original and the duplicate of this
agreement.
IN WITNESS WHEREOF the parties hereto have signed this agreement on the day
and
year first written above.
Dated this _______ day of _____________
Name & designation of First Party
Signature ____________
WITNESSES
1. Signature, Name and Address
Name & designation of second party
Signature______________
2. Signature, Name and Address
Agreement for Lease of commercial property, Rent agreement for office space
Agreement for License for commercial property, Office space
Agreement for Lease of Residential House, Rent agreement Residential Accommodation
Agreement, Collaboration with builder for construction or developer for construction
Agreement, seasonal job contract, temporary employee appointment agreement
Agreement, Family compromise, Property dispute settlement agreement
Agreement, Employee full and final payment and settlement document.
Agreement to Sell format for Sale of Property
Agreement for Retail Business, Sample
Agreement Between Contractor and Principal Employer for Work outsource
Agreement, Husband and Wife for divorce proceedings and settlement of Disputes
Agreement for reference of dispute to Arbitrator by parties on mutual consent
Agreement for Arbitration by members of HUF and to appoint Arbitrator to solve dispute
Agreement for Arbitration and to appoint sole Arbitrator
Hire Purchase Agreement owner, hirer and dealer for Purchase of Vehicle under Hire Purchase Act 1972
Hire Purchase Agreement owner, hirer and dealer for Purchase of Vehicle under Hire Purchase Act 1972
Hypothecation Agreement between Creditor and Borrower under sarfaesi act 2002
Loan Agreement format to lend money to borrower by Lender with or without interest
Loan Agreement format for Loan with Pledge of shares as security and with interest
Loan Agreement format with Surety and without security
Loan Agreement with Surety and Hypothecation of Property
Memorandum of Understanding between Lender and Borrower to give loan
Bond to issue succession certificate under Section 375 of Indian Succession Act 1925
Administration Bond under Section 291 of Indian Succession Act 1925
Bond to pay decreed amount in installments
Bond by Employee to Employer for not engaging himself with Competitor or pay damages
Agreement for design and development of a website by software company for a client
Confidential information and non disclosure agreement format
Contractor and Service Provider agreement format
Agreement to sell a Business including space
Office facility and Services Business Agreement
Loan agreement between Employer and Employee for loan to Staff
Canteen Agreement format between Company and contractor to provide food to staff
Agreement for Hostel Services between College and Hostel Service Provider
Memorandum of Understanding for Collection of Money from Defaulters
Appointment letter to appoint employee with confidentiality agreement
Consultant Appointment letter to appoint Professional Consultant on retainer ship
Agreement to appoint sole selling agent by Manufacturing Company