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Sales Agency Agreement (Non-Exclusive)

Sales Agency Agreement (Non-Exclusive)

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Published by: Legal Forms on Jan 19, 2008
Copyright:Attribution Non-commercial

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05/08/2014

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Sales Agency Agreement
(Non-Exclusive)THIS AGREEMENT
made as of [Date of Agreement (ie. July 1, 2002)] between
[Name of Seller]
(the "Seller") of [Address of Seller] and
[Name of Agent]
(the "Agent") of [Address of Agent].
WHEREAS
:(A)The Seller is a supplier of certain [Briefly Describe Products (ie. Home Cleaning) products (the "Products") listed in Schedule "A" hereto;(B)The Agent wishes to become the non-exclusive sales agent of Seller for the Products in[Describe the Territory of Agent (ie. the State of Texas)] (the "Territory");
NOW THEREFORE
in consideration of the recitals, the mutual covenants hereinafter set forth,and for other good and valuable consideration, the receipt and sufficiency of which is herebyacknowledged, the parties hereto hereby agree as follows:1.During the term of this Agreement, the Agent will act as the non-exclusive sales agent of the Products for the Seller in the Territory. The Agent acknowledges and agrees that theSeller shall have the right to appoint one or more other agents within the Territory to sellthe Products.2.The Agent will be entitled to receive a commission of [Commission Rate (ie. 10%)] of allProducts sold to customers relating to orders procured by Agent, excluding applicabletaxes. Commissions due to the Agent will be payable on or before the fifteenth (15
th
) dayof the month following date of shipment by the Seller.3.Commissions paid to the Agent on billings on which the customer defaults in paymentwill be charged back to the Agent when the customer has been in default ninety (90) daysor more. If the customer pays at some future date these commissions will be repaid to theAgent.4.The Agent agrees to aggressively promote the sale of the Products in the Territory and toservice the customers of the Seller in a manner consistent with good sales procedure andcustomer relations, and to make regular calls on its customers at regular intervals.5.The Agent agrees that it will not promote the sale of, or sell, Products outside theTerritory without the prior written consent of the Seller, which consent may be withheld by the Seller.6.The Agent agrees to abide by and comply with all sales policies and operating proceduresof the Seller, so long as they are not in conflict with governmental regulations.
 
- 2 -7.The Agent will not obligate or contract on behalf of the Seller unless it has specificwritten authority to do so from an authorized representative of the Seller.8.This Agreement shall commence on the date first written above and shall remain in fullforce and effect until terminated by either party hereby upon not less than sixty (60) days prior written notice to the other party.9.The Agent will be paid commissions on all orders from the Territory accepted by theSeller prior to the effective termination date, even though such orders may be shippedafter the effective date of termination.10.The Agent shall perform its services under this Agreement as an independent contractor. Nothing contained in this Agreement shall be deemed to create any association, partnership, joint venture, or relationship of principal and agent or employer andemployee between the parties hereto or to provide either party with the right, power or authority, whether express or implied, to create any such duty or obligation on behalf of the other party. The Agent also agrees that it will not hold itself out as a partner, jointventurer, co-principal or employee of the Seller by reason of the Agreement. In the eventthat the Seller is adjudicated to be a partner, joint venturer, co-principal or employer of or with the Agent, the Agent shall indemnify and hold harmless the Seller from and againstany and all claims for loss, liability or damages arising therefrom.11.This Agreement, including the Schedules hereto, constitutes the entire agreement betweenthe parties relating to the subject matter hereof and, except as stated herein or in theinstruments and documents to be executed and delivered pursuant hereto, contain all therepresentations and warranties of the respective parties relating to the subject matter hereof.
IN WITNESS WHEREOF
the parties hereto have executed this Agreement as of the date firstabove written.
[NAME OF SELLER][NAME OF BUYER]

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