This Agreement is entered into between the
parties concerned on the basis of equality and mutual benefit to develop
business on terms and conditions mutually agreed upon as follows:
1.Contracting PartiesSupplier: （hereinafter referred to as "party A"）Agent:（hereinafter referred to as"party B"）
Party A hereby appoint Party B to act as his selling agent to sell the commodity mentioned below.
2.Commodity and Quantity or Amount
It is mutually agreed that Party B shall undertake to sell not less than…… of the aforesaid commodity in the duration of this Agreement.
In …… only.
4.Confirmation of Orders
The quantities, prices and shipments of the
commodities specified in this Agreement shall be confirmed in each
transaction, the particulars of which are to be specified in the Sales
Confirmation signed by the two parties hereto.
After confirmation of the order, Party B
shall arrange to open a confirmed, irrevocable L/C available by draft at
sight in favor of Party A within the time specified in the relevant
S/C. Party B shall also notify Party A immediately after L/C is opened
so that Party A can get prepared for delivery.
Upon the expiration of the Agreement
and Party B’s fulfillment of the total turnover mentioned in Article 2,
Party A shall pay to Party B…… % commission on the basis of the
aggregate amount of the invoice value against the shipments effected.
Party B shall forward once every three months
to party A detailed reports on current market conditions and of
consumers’ comments. Meanwhile, Party B shall, from time to time, send
to party A samples of similar commodities offered by other suppliers,
together with their prices, sales information and advertising materials.
Party B shall bear all expenses for advertising and publicity within the aforementioned territory in the duration of this Agreement and submit to Party A all patterns and/or drawings and description in advance for its check and approval.
This Agreement, after its being signed by the
parties concerned, shall remain in force for…… days from …… to …… If
either Party wishes to extend this Agreement, it shall notify the other
party in writing one month prior to its expiration, www.legaltranz.com
and such extention shall be determined by both parties hereto through
All disputes arising from the execution of
this Agreement shall be settled through friendly consultations. In case
no settlement can be reached, the case in dispute shall then be
submitted to the Foreign Trade Arbitration Commission of the China
Council for the Promotion of International Trade for arbitration in accordance with its provisional rules of procedure. The decision made by this Commission shall be
regarded as final and binding upon both parties. Arbitration fees shall
be borne by the losing party ,unless otherwise awarded.
履行协议过程中，如产生争议，双方应友好协商解决。若通过友好协商达不成协议，(the case in
11.Other Terms & Conditions
（1）Party A shall not supply the contracted
commodity to any other buyer（s） in the above mentioned territory. Direct
enquiries, if any, will be referred to Party B. However, should any
other buyers wish to deal with Party A directly, Party A may do so. But
party A shall send to Party B a copy of Sales Confirmation and give
Party B……% commission on the basis of the net invoice value of the transaction（s）concluded.
（2）Should Party B fail to pass on his orders
to Party A in a period of …… months for a minimum of ……, Party A shall
not bind himself to this Agreement.
（3）For any business transacted between
governments of both Parties, Party A may handle such direct dealings as
authorized by Party A’s government without binding himself to this
Agreement. Party B shall not interfere in such direct dealings nor shall
Party B bring forward any demand for compensation therefrom.