代理协议(英文版)
EXCLUSIVE AGENCY AGREEMENT OF SALES FOR IMPORT TRADE
AGREEMENT NO：【】
On Date/Month/Year in China, this agreement is executed on the basis of equality and mutual benefit to develop business relationships according to the following terms and conditions.
1. Parties
Supplier：
Address
Contact：
Legal Representative：
Agent
Address：
Contact：
Legal Representative：
2. Appointment
Supplier appoints Agent as its sole agent in China for the sale of commodities listed in section 3 within the territory listed in section 4 of this Agreement. Agent agrees and accepts the above appointment.
3. Commodities
(1) The agency brand referred to in this Agreement is Niamh, including such commodities as Niamh Rustic Dark, Niamh Magic White, Niamh Vital Oats, Niamh Crunchy Gold, Niamh Pure Sprouts.
(2) After this Agreement takes effect, the commodities are not limited to the above-mentioned varieties. During the cooperation, new products of the same kind added by Supplier shall be also subject to this Agreement, being provided in priority to Agent for sales within the agreed territory. Supplier shall truthfully disclose the ingredients of raw materials used in the commodities to Agent. Where the commodities cannot enter China or cannot be sold in Chinese market because of false information or concealment of the commodities by Supplier, Supplier shall hold all liabilities.
4. Territory for Agency
Territory for agency referred to in this Agreement is mainland China.
5. Agency Price
(1) The agency purchase price shall be negotiated and determined between Supplier and Agent by taking into account normal trade practices and ever-present market competition so that both parties can make a considerable profit from sale.
(2) Specific price for each transaction shall be determined in writing (including fax, e-mail, etc) by agent and purchaser through negotiations. If the price is changed, agent shall be informed thirty days in advance.
(3) Supplier shall give Agent the most favorable agency price. After the cooperation, if Supplier offers more favorable terms than this Agreement for the sale of the commodities to any other distributor or manufacturer outside China (including Hongkong and Taiwan), Supplier shall immediately notify Agent in writing and provides the same favorable terms to Agent.
6. Exclusive Agency
Pursuant to this Agreement, Supplier grants exclusive agency to Agent in the territory agreed by the parties. Supplier shall not directly or indirectly sell or export the commodities to any third customers within the agreed territory through channels other than Agent (including Hongkong, Macao and Taiwan). Supplier shall inform
Agent of any customer’s direct inquiry or purchase within the agreed territory.
7. Target Volume
Agent shall complete the sales of four 40ft containers within the first year after the contract takes effect, and otherwise, both parties shall re-confirm the target volume. If Agent exceeds the target sales, Supplier shall offer a favorable price for the commodities.
8. Market Development and Support
Supplier shall, according to Agent’s needs, provide technical support, market consultation, and assistance in developing Chinese market to Agent. In the first year, technical personnel shall be expatriated to China for four times with no less than a week for each time. After that, Supplier shall provide technical personnel support no less than twice. Agent is responsible for transportation expenses of such technical personnel in China. Supplier provides free training to Agent and related customers, attends presentations and exhibitions, and offers customer technical services. Both parties shall figure out marketing plans within one month after the contract comes into force.
To improve popularity of Supplier’s brand and commodities in Chinese market, Supplier shall provide samples at least 1% of Agent’s purchase quantity for each batch for free and related promotional materials and marketing souvenirs.
9. Market Report
(1) Each party shall provide relevant market information report as required by the other party for both parties to obtain full understanding of the current market.
(2) Contents provided by Supplier include all information of the commodities, changes in the information and other newly discovered information, etc.
(3) Contents provided by Agent include changes in local regulations related to the import and sale of the commodities, trends of local market, advice and suggestions on quality, packaging and price of the commodities, and quotations and advertising