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This
deed of Agreement is made of this........day of ......... 19 ........
at ............ between :
1. Messers XYZ & Co.,
having its registered office at ......hereinafter called the 'manufacturer'
of the one part ;
and
2. Messers ABC & Sons,
having its office at .....hereinafter called the "agent" of the other
part.
WHEREAS the manufacturer is interested in appointing a commission agent
for sale of its products. AND WHEREAS the agent has approached the manufacturer
to appoint him as his commission agent.
NOW THIS AGREEMENT WITNESSES AS UNDER
:
1. That the manufacturer
appoints the agent as its commission agent to sell its products in the
areas comprised by the districts of......in the State of........
2. That the canvasing shall
be done by the agent in order to secure orders and push the sale of the
products in his areas.
3. That the agent shall secure
orders for Rs. ..............directly or indirectly at least in a year
commencing from the date of this agreement.
4. That the agent shall employ
sub-agent, salesman, clerks, accountant etc. at his own cost. However
the manufacturer shall bear the cost of advertisements in the newspaper,
magazines, Radio and Television etc.
5. That the agent shall furnish
weekly return to the manufacturer of the orders secured, the work done,
the persons approached and canvased during the previous week. That the
agent shall submit orders received to the manufacturer within two days
from the date of its booking. The agent shall deposit all the money received
by him in the account of the manufacturer and submit the weekly report
on every Friday.
6. That the agent shall not
represent the manufacturer directly or indirectly except on instructions
issued by the manufacturer from time to time.
7. That all the orders procured
or business done by the agent shall be in accordance with the terms and
conditions mentioned in the Schedule attached herewith subject to alteration
or modification issued by the manufacturer from time to time.
8. That the agent shall not
secure the order exceeding Rs.................. unless prior consent of
the manufacturer is obtained for this.
9.
That this agreement shall remain in force for one year from the
date of signing of this agreement. During this period the agent shall
not do directly or indirectly any other business of commission agent of
any other company.
10. That
the agent shall get a commission of..........% on all orders procured by
the agent directly or indirectly. The said commission shall be payable on
monthly basis at the end of every month.
11. That on termination of this agreement,
for whatsoever reason, the agent shall not be entitled to received thereafter.
12. The agency can be terminated by
either side by giving one month's prior notice in writing.
13. That the agent shall be responsible
for all the payments for the goods supplied on the orders received by the
agent.
14. That the agent is required to deposit
a cash security of Rs................ with the manufacturer. The security
shall remain with the manufacturer during the continuance of this agreement.
The annual interest on security shall be paid by the manufacturer to the
agent @ 18% per annum.
15.
That on termination of this agreement the security money alongwith interest
shall be returned to the agent after adjustments.
We
the above noted parties have signed this agreement on the date and place
mentioned above in the presence of the following witnesses:
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