DISTRIBUTION AGENCY AGREEMENT 经销代理协议 印尼

  涉外文件格式样本     |      2022-01-08 20:26
DISTRIBUTION AGENCY AGREEMENT 经销代理协议 印尼

DISTRIBUTION AGENCY AGREEMENT
 
This agreement is made and entered into by and between the parties concerned on 9th July 2021 on the basis of equality and mutual benefit to develop business on terms and conditions mutually agreed upon as follow:

1. The Parties Concerned:
Party A: 
XXXl Limited
Address : XXX CHINA
Tel : 0086 XXX
Fax     : 0086 XXX
mail    : XXX

 
Party B: 
PT. XXX
Address: XXX  Indonesia
Phone : +62-XXX 
Fax   : +62-XXX 
Email : XXX 

 
2. Appointment
Party A hereby appoints Party B as its Exclusive AGENT to solicit orders for the commodity stipulate in Article 3 from customers in the territory stipulated in Article 4, and Party B accepts and assumes such appointment.  
 
3. Term
Unless sooner terminated pursuant to another provision of the contract, the term of this contract shall be three (3) years effective as of 23th May 2021
 
4. List of products
 
Please fulfil with the product
B401 CARETEK Fixing Height Bed
B400 CARETEK Fixing Height Bed
A200 CARETEK Fixing Height Bed
E410 CARETEK Manual Bed
 
 
5. Commodities:
Territory (ies) & Customers:
All the End Customers (Private Organizations and State Facilities) in the countries: Indonesia
 
6. Minimum Order Quantity:
Party B shall undertake to solicit orders for the above commodity from customers in the above territory during the effective period of this agreement for not less than 3 months for the product mentioned in the article 3. Based on Regular monthly shipments and will be scheduled and released for shipment under a mutually agreeable calendar basis.
 

7. Price and Payment
The price for each individual transaction shall be fixed through negotiations between Party B and the buyer (s) in the Territory of the Party B or other Countries included in this agreement, and subject to Party A's final confirmation. Party A agrees to maintain lowest prices compared with other producers throughout the validity of this agreement. 
Party A also agrees to guarantee price quoted to Party B for a period of not less than three (3) months from the date of the last quote. 
If the price increase range was to be higher than 2%, Party A must reconfirm prices and party B must acknowledge the price prior to becoming effective. Party A will advise price increases in an orderly fashion and in accordance to market fluctuations.
 
 
The payment term  are to  40% T/T in advance and the balance of 60% before delivery 
 
 
8. Delivery
Deliveries will be prompt and expeditious and the quality of the shipment will be certified by a reputable Laboratory and/or Corporation following international quality standards, rules & regulations.
 
 
9. Exclusive rights
In consideration of the exclusive rights granted herein, unless authorized directly from Party B, Party A shall not sell or export the products directly or indirectly to the customers stipulated in Article 4 or an equivalent product made by other manufacturers to the customers stipulated in Article 4. Party A shall not entertain any direct or indirect inquiry from any person or firm other than Party B for the products which are sold or distributed in the territories protected in this Agreement and shall immediately refer to Party B of any such inquiries coming either from Indonesia stipulated in this agreement.
 
 
10. Force Majeure
Either party shall not be held responsibility for failure or delay to perform all or any part of this agreement due to flood, fire, earthquake, draught, war or any other events which could not be predicted, controlled, avoided or overcome by the relative party. However, the party affected by the event of force majeure shall inform the other party of its occurrence in writing as soon as possible and thereafter sends a certificate of the event issued by the relevant authorities to the other party within 15 days after its occurrence.
 
 
11. Arbitration
All disputes arising from the performance of this agreement shall be settled through friendly negotiation. Should no settlement be reached through negotiation, the case shall then be submitted for arbitration to the International Chamber of Commerce in Paris and/or to the International Arbitration Commission in The Netherlands. The award of the arbitration shall be final and binding upon both parties with the consent of the EU Authorities.
 
 
ACCEPTED AND CONFIRMED
 
XXX Limited                                                            PT. XXX
 
    
 
 
 
 
DirectorXXX                                                        DirectorXXX