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Agreement PDF

This document is a 5-year dealer agreement between Hebei Zhongjia Pump Industry Co., Ltd and Neotec sas. It appoints Neotec sas as the exclusive dealer of Zhongjia pumps and parts in the Democratic Republic of Congo. Key terms include Neotec receiving a 10% commission on net sales, payment terms of 50% advance and 50% within 2 months of shipping, expenses being the responsibility of Neotec, and disputes to be resolved through arbitration. The agreement takes effect upon signing and expires in 5 years, with the option to renew after discussions between the parties.

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0% found this document useful (0 votes)
172 views4 pages

Agreement PDF

This document is a 5-year dealer agreement between Hebei Zhongjia Pump Industry Co., Ltd and Neotec sas. It appoints Neotec sas as the exclusive dealer of Zhongjia pumps and parts in the Democratic Republic of Congo. Key terms include Neotec receiving a 10% commission on net sales, payment terms of 50% advance and 50% within 2 months of shipping, expenses being the responsibility of Neotec, and disputes to be resolved through arbitration. The agreement takes effect upon signing and expires in 5 years, with the option to renew after discussions between the parties.

Uploaded by

josephinezita19
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd

河北众嘉泵业有限责任公司

Hebei Zhongjia Pump Industry Co., Ltd


Room 1004, Rongding Tianxia, No. 226 Zhonghua Street, Shijiazhuang, Hebei, China 050000
Tel: +86-311-87773310; Fax: +86-311-87706011;e-mail:[email protected] Website:
http://www.zjslurrypump.com/

DEALER AGREEMENT
This Agreement is made and entered into this 08.03.2023 day of 5years, signed by and between
Shijiazhuang Zhongjia Pump Industry Co., Ltd (Address: Room 1004, Rongding Tianxia, No.
226 Zhonghua Street, Shijiazhuang, Hebei, China). a corporation duly organized and existing
under the laws of Peoples Republic of China, with its principal place of business at Shijiazhuang
(hereinafter called Seller) and Neotec sas , (Address: 3,Nyanza industrial/lubumbashi ). a
corporation duly organized and existing under the law of the Democratic Republic of the Congo,
with its principal of business at DRC (hereinafter called Agent). (A photo of the registration
license should be attached)

Whereby it is mutual agreed as follows:

Article 1. Appointment

During the effective period of this agreement, Seller hereby appoints Agent as its agent to solicit
orders for Products stipulated in Article 4 from customers in the territory stipulated in Article 3
and Agent accepts and assumes such appointment.

Article 2. Agents Duty

Agent shall strictly conform to any and all instructions given by Seller to Agent from time to time
and shall not make any representation, warranty, promise, contract, agreement or do any other act
binding Seller. Seller shall not be held responsible for any acts or failures to act by Agent in excess
of or contrary to such instructions.
Zhongjia Pumps agrees to take 10% of the net sales of each order provided by Neotec sas as a
commission. After the goods are sold, when we receive all the payments, we will remit 10% of the
net sales commission to the account provided by Neotec sas(Agent and account information must
be consistent)

Article 3. Territory

The territory covered under this Agreement shall be expressly confined to Democratic Republic of
the Congo(hereinafter called Territory)

Article 4. Products
The Products covered under this Agreement shall be expressly confined to Zhongjia pump and
pump spare parts of type MA, MAR, MM, MMR, ML, MLR, MV, MVR, MG, MH, MHE, MYU ,
MD ,VALVE and WEAR LINER.(hereinafter called Products)

Article 5. Payment

Pay 50% in advance and pay the balance within two months after shipping date when Agent buy
Products for stock. Stock quantity should be determined by both parties. (The total amount shall
be controlled under US$150,000)

Article 6. Expenses

All Expenses and disbursements such as cabling, traveling and other expenses incurred in
connection with the sale of Products shall be for the account of Agents, unless especially arranged.
Further Agent shall, at this own expenses, maintain office(s), salesmen and others sufficient for the
performance of the obligation of Agent in conformity with any and all instructions given by Seller.

Article 7. Commission

Agent earns from price difference and Seller doesn’t need to give any commission to Agent.

Article 8.Information and Report

Agent shall quarterly and/or on the request of Seller furnish information and market report to
promote the sale of Products as much as possible.
Agent shall accompany Seller to visit end users for Products feedback, furnish report for the
Products inventory and other commercial activities.

Article 9. 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 catalogs, leaflets, and the like as Agent may reasonably require.

Article 10 .Industrial Property Rights

Agent must 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) 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 11. Duration

This Agreement shall enter into force on the signing of both parties and shall expire on 08.03.2024.
At least three (3) months before the Expiration of the term, both Seller and Agent shall consult
each other for renewal of this - Agreement.

Article 12. Termination

In case there is any nonperformance and/or violation of any terms and conditions under this
Agreement by either party during the effective period of this agreement, the parties hereto shall do
their best to settle the matter in question as prompt and amicable as possible to mutual satisfaction.
Unless settlement should be reached within thirty (30) days after notification in writing of the
other party, such other party shall have the right to cancel this Agreement and the loss and
damages sustained thereby shall be indemnified by the party responsible for the nonperformance
and/or violation. Further in case of bankruptcy or insolvency or liquidation or death and/or
reorganization by the third party of the other party, either party may forth with terminate this
Agreement without any notice to the other party.

Article 13. Force Majeure

Either party shall not be held responsible for failure or delay to perform all or any part of the due
to Acts of God, Government orders or restriction or any other events which could not be predicted
at the time of the conclusion of the Agreement and could not be controlled, avoided or overcome
by the parties. However, the party which effected by the Event of Force Majeure shall inform the
other party of its occurrence in Written as soon as possible and thereafter shall send a certificate of
the event issued by the relevant authorities to the other party within 15 days after its occurrence.
Article 14. Trade Terms and Governing Law
The trade terms under this Agreement shall be governed and interpreted under the provisions of
2010 Incoterms and this Agreement shall be governed as to all matters including validity,
construction, and performance under the laws of Peoples Republic of China.

Article 15. Arbitration:

All disputes arising from the performance of the Agreement should be settled through friendly
negotiations. Should no settlement be reached through negotiation, the case shall then be
submitted for arbitration to the China International Economic and Trade Arbitration Commission
(Beijing) and the rules of this Commission shall be applied. The award of the arbitration shall be
final and binding upon both parties. The Arbitration fee shall be born by the losing party unless
otherwise awarded by the arbitration organization.

WITNESS THEREOF: This Agreement shall come into effect immediately after it is signed by
both parties in two original copies; each party holds one copy.
Hebei Zhongjia Pump Industry Co., Ltd . Neotec sas
BY____________ BY____________

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