AGREEMENT BETWEEN MANUFACTURER AND DEALER
This agreement is made on this ______ day of ____________, 20____, between Mr. ____________________, S/o ____________________, doing business at ____________________ under the name and style of ____________________ (hereinafter called the "Manufacturer", which term shall include its heirs-in-interest) of the One Part;
AND Chin & Chin Co., carrying on business at ____________________ (hereinafter called the "Dealer", which term shall include his heirs and assigns) of the Other Part, to the following effect:
1. The Manufacturer shall supply, and the Dealer shall sell, the whole of the Manufacturer's subsisting stock of ____________________ and other goods as manufactured hereafter, without any exception or retention thereof.
2. The goods so supplied shall be sold by the Dealer strictly at listed prices to retailers, for which he will be entitled to a commission of ______% on all listed prices, exclusive/inclusive of all railway freight (as may be consented).
3. If any part of the goods shall remain unsold for over ______ months after supply/delivery, the Dealer shall return the stock to the Manufacturer.
4. The Dealer guarantees a minimum sale valued at Rs. ____________ annually. If the sale falls short by 25% or more for any consecutive two years or more, this agreement may, at the option of either party, be cancelled.
5. The Manufacturer shall not, during the continuance of this covenant, appoint any other wholesale dealer concerning identical or similar products, nor manufacture, supply or sell any portion thereof to anyone other than the Dealer.
6. Subject to what is stated in paragraph 4 hereof, this covenant shall remain enforceable for five years — subject to the opting of either party as laid down therein, and also subject to the condition that the Dealer shall not, during the currency of this agreement, sell or encourage the sale of identical or similar products of any other manufacturer.
7. Any differences and controversies concerning these presents, or the rights or duties of the parties hereto in relation to the transactions covered by this agreement, or arising out of or in relation to these presents, shall be referred to the sole arbitrator, Mr. ____________________, for settlement, whose award shall be binding and final on the parties.
IN WITNESS WHEREOF the parties hereto have executed these presents on the day, month and year first above-written.
Signed, sealed and delivered by ____________________ (the Manufacturer) and by ____________________ (the Dealer), in the presence of witnesses:
DATE: ____________
PLACE: ____________
WITNESSES:
1. ________________________
2. ________________________
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