EXCLUSIVE AGENCY AGREEMENT(2)

独家代理合同 英文版

Article 8 Material Rejection

Seller shall supply the material strictly as per Agent’s customer’s requirements and specifications. In case of any rejection by customer due to poor quality, products non performance or if it is not meeting specified requirement and specifications, Seller will immediately call back such material and provide correct replacement. The entire responsibility of such rejection and replacement will remain with Seller and Seller will bear all the expenses.

Article 9 Commission

Seller shall pay to Agent commission in USD currency at the rate of ___% of the net invoiced selling price of products on all order directly obtained by Agent accepted by Seller. Such commission shall be payable every six months only after Seller receives the full amount of all payments due to Seller. Payments of such commission shall be made to Agent by way of remittance every month with no delay more than 20 days.

Article 10 Information and Report

Both Seller and Agent shall quarterly and/or on the request of either party furnish information and market report each other to promote the sale of products as much as possible. Agent shall give Seller shall furnish with or without charge to Agent reasonable quantity of advertising literatures catalogues, leaflets, and the like as Agent may reasonably require.

Article 11 Sales Promotion

Agent shall diligently and adequately advertise and promote the sale of Products throughout Territory. Seller shall furnish with or without charge to Agent reasonable quantity of advertising literatures catalogues, leaflets, and the like as Agent may reasonably require.

Article 12 Industrial Property Rights

Agent may use the trade - mark(s) of Seller during the effective period of this Agreement only in connection with the sale of Products, provided that even after the termination of this Agreement Agent may use the trade - mark(s) in connection with the sale of Products held by it in stock at the time of termination. Agent shall also acknowledge that any and all patents, trade - marks, copyright and other industrial property rights used or embodied in Products shall remain to be sole properties of Seller and shall not dispute them in any way. If any infringement being found, Agent shall promptly notify seller and assist seller to take steps to protect its right.

Article 13

For any business transacted between governments of both Parties, Seller may handle such direct dealings as authorized by Seller’s government without binding himself to this Agreement. Agent shall not interfere in such direct dealings, nor shall Agent bring forward any demand for compensation therefrom.

Article 14 Duration

This Agreement shall enter into force on the signing of both parties. At least three (3) months before the expiration of the term, both Seller and Agent shall consult each other for renewal of this - Agreement. If the renewal of this Agreement is agreed upon by both parties, this - Agreement shall be renewed for another 3 years period under the terms and conditions herein set forth, with amendments, if agreed upon by both parties. Unless this Agreement shall expire on _______.

Article 15 Termination

In case there is any nonperformance and/or violation of the terms and conditions including Article 5,6,11 under this Agreement