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 Specimen Copy of Agreement

An agreement made this the ....... day ....... of between .......(name and address) hereinafter called the exporters of the first part and ........ (name and address) hereinafter called the importers of the second part, wherein the exporters grant to the importers the importation and selling right in the territory of ..........(fill name of country) for .........(names and brief description of product) subject to the terms and conditions given below :

  1. The exporter agrees that during the currency of the agreement he will not correspond or in any way deal with any part in the territory specified unless requested to do so by the importers.

  2. The exporter agrees that any orders or enquiries relating to the specified territory received by him during the currency of this agreement will be passed on to the importers to deal with.

  3. The exporter agrees that he will make shipment of all orders received from the importers by earliest shipping opportunity unless prevented from so doing by circumstances beyond the former's control.

  4. The exporter agrees to charge the importers for all goods ordered during the currency of this agreement the prices detailed in Price List No. ......... appended to this agreement unless any order is received at least one month after notification of price changes by the exporter to the importer.

  5. The exporter agrees to pay the importer commission on ......... (fill in the dates of each year during the currency of this agreement) at the rate of ...... per cent of ....... the F.O.B. value of all orders satisfactorily completed during the ...... months preceding the dates specified.

  6. The exporter agrees that he will allow to the importers ........ per cent ....... of the value of all business satisfactorily completed with the importers during the currency of this agreement as contribution towards the importer's costs in publicising the products covered by this agreement. This allowance is to be settled by deduction from the manufacturer's invoices to the importers.

  7. The importers agree that during the currency of this agreement they will not sell, recommend or in any other way deal with any competing or rivaling lines in the territory specified.

  8. The importers agree that they will use their best efforts and endeavors at all times during the currency of this agreement to promote the sales of products covered by this agreement.

  9. The importers agree that they will make net and full payment for all goods ordered through confirmed and irrevocable letter of credit established in ........... (name of manufacturer's town or city). OR The importers agree that they will make net and full payment for all goods ordered against presentation of draft and shipping documents in ......... (name of importer's town or city). OR The importers agree that they will immediately upon presentation at ......... and retire such drafts net and in full upon maturity.

  10. The importers agree that they will write to the manufacturer at least once each calendar month and will send to the manufacturer a full market report on the prospects for sale of the products covered by this agreement every six months.

  11. The importer agrees that they will place regular and adequate order with the manufacturer amounting in total to not less than ........ during the first calendar year and not less than Rs. .......... in each and every subsequent year during the currency of this agreement.

  12. This agreement shall become valid with effect from the date of shipment of the substantial order amounting in value of not less than Rs. ........ and remain in force for a period of twelve calendar months there from subject to either party being at liberty to terminate this agreement without notice in the event of the other party being in breach of any of the terms and conditions stated herein.

  13. Notwithstanding anything herein aforesaid if during the first twelve calendar months the importers have placed satisfactory orders with the exporters amounting to not less than Rs. ....... this agreement shall be automatically renewed year after year provided that in the twelve calendar months immediately preceding the expiry date satisfactorily business amounting in total to not less than Rs. ....... has been placed by the importers with the manufacturer.

  14. Any disputes arising under this agreement shall be settled in accordance with Indian Law in (.............)

Witness........................ (Exporter)

Witness........................ (Importer)

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