Agreement for Appointment of Sales Agent (India)
This template establishes a legal relationship between a manufacturing company and a sales agent to promote and sell computer hardware and software. It outlines commission structures, territory restrictions, and post-termination non-compete obligations to protect the company's trade secrets.
AGREEMENT FOR APPOINTING OF SALES AGENT
This agreement is made on this …..…. day of …………Year…..….
Between
M/s……………………………………………………………………..., a company registered under the Companies Act 1956 having its registered (hereinafter referred to as the company which expression shall unless the context requires otherwise include its heirs) of the one part
And
Ms. ………………………………………………………………………. (hereinafter referred to as the agent) of the other part.
whereas the company is doing business, manufacturing and dealing in Computers, Computer Hardwares and Computer Softwares for the last 10 years and selling its products both in domestic and export markets.
And whereas the agent was working with another company as Chief Mechanic of Computers, acquiring knowledge of repairing Hardwares and Softwares and rendering after sales service and keeping Computers in good working condition.
And whereas the agent leaving his previous company has asked the company for agency to sell the products of the company on commission basis.
And whereas the agent has declared for not working for any other company and that he wants to work as agent for selling computers with its accessories as an independent contractor.
And whereas the company and the agent had discussed and negotiated concerning sale of company's products by agent in the territories covering States to……………… ……………………………………………...
And whereas the parties herein have consented mutually to terms /conditions concerning sale of company's products.
Now these presents witnesseth and the parties hereby consent as follows:
1. The company hereby appoints the agent being agent of the company in the States of ………………………………………………. for selling the company's products including Computers, Computer Hardwares and Computer Softwares for a period of three years beginning from 1st June2014 on terms/conditions stated hereinafter.
2. The agent shall:
(a) Try his best to promote and expand the sales of company's Computers, Hardwares and Softwares (hereinafter referred to as the "products") in the State of ..……………..………………………………… (hereinafter called the "territories") to all potential purchasers thereof and work diligently in obtaining orders therefor;
(b) act faithfully and loyally and obey orders and instructions of the company and if in any case he does not get instruction in a particular matter to act in such a manner as the agent reasonably considers to be most advantageous to the interests of the COMPANY;
(c) Do not engage or being interested directly/indirectly as the principal, agent, partner, director or employee in production, sale/advertisement of goods of any detail or kind or akin to or competing with the products of the company without the prior express consent of the company;
(d) not taking orders for selling to any person of the products which he known by him or has reasonably to believe are intended for re-sale outside the territories without prior consent of the company;
(e) refer to the company all enquiries for products received from outside the territories as also from addresses in the territories for re-sale outside the territories;
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