3.9 The Principal shall furthermore keep the Agent informed of any relevant communication with or for the attention of the customers in the territory. Otherwise, Manufacturer may declare that Distributor has breached this Agreement and terminate the Agreement pursuant to Section — of this Agreement.”, “During the Term and for a period of one (1) year following the termination or expiration of the Agreement, each party shall maintain complete, accurate and detailed books and records with respect to the determination of its revenues and other matters associated with the performance of this Agreement. An Export Service Contract Template is used to analysis and prepared our working notes for next export service contract. 12.1 The commission shall be calculated on the net amount of the sale invoiced by the Principal to the customers, clear of any additional charges and of all taxes of any kind, and provided that such additional charges and taxes are separately stated in the invoice. Sales Contract Template . Looks like you’ve clipped this slide to already. 14.6 At the end of this contract, the Agent shall return to the Principal any advertising material and other documentation provided free of charge to the Agent as well as any products and samples which are still in its possession. 9.2 The Agent shall use the Principal’s trademarks, trade names or intellectual property in relation to the product(s) (or service(s)) in the form and manner specified by the Principal and in the Principal’s sole interest, and not otherwise. Sales contracts are important not only in the case of litigation but also as a means to remind parties of the terms that were initially formed as part of the agreement. can be  risky and are not that common in international trade. The Reseller Agreement Template is a resource designed to allow the initial producer or distributor to use clear, concise language and clean, professional formatting. Import Contract is written from the perspective of the importer (buyer). The Export Contract (www.globalnegotiator.com) is used in international sales of certain products which are intended for resale, where the buyer is an importer, trader, distributor or wholesaler that will sell the products to another company or retailer. 4.3 If, at the end of the year [specify any other period], the minimum number/volume of orders applicable to such year is not met by the Agent, the Principal shall be entitled, subject to giving a one month’s notice and not later than two months [specify any other period] after the end of that year at his choice: 4.3.1 To terminate the present contract, under Article 14; 4.3.2 To cancel the Agent’s exclusivity (whenever applicable); or. 14.2 If the Agent is a physical person, this contract will end automatically at the death of the Agent. It is available also in Spanish. When the contract is for products, a principal may be a distributor. [Alternative: “5.2 The cost of agreed advertising campaigns shall be apportioned between. Acceptance could take various forms: a) “I agree to the terms and conditions” on the pro-forma invoice and signing it or b) the importer may generate a separate, signed document agreeing to the pro-forma invoice which is then attached as reference. Also – and this would seem obvious, but it’s sometimes overlooked – be sure that all parties to the contract have signed it. Date ……………………………………………………… ……………………………………………, Name ……………………………………………………. 4. Now customize the name of a clipboard to store your clips. In which case, the Parties should take into consideration the mandatory provisions of the EC Directive of 18 December 1986 and other legal systems that may restrict the validity of such a clause and allow the court to reduce the obligations of the Parties.]. . – …………………………………………………………………………………………………………… ; 1.3 Territory. . Free Word, PDF Document Download | Free & Premium Templates November 2019 When a buyer wants to purchase a product or property from a seller, it completely depends on terms and conditions which are there in the sales agreement. . The Order shall not contain a shipment date fewer than __ (_) days from the date that such Order is submitted to Manufacturer. Such is the case in the European Union where the EC Directive 86/653/EEC of 18 December 1986 grants the Agents the right to claim a termination indemnity subject to certain conditions.]. Export Compliance. Common Export Documents When it comes to selling and shipping your products outside of the United States, there are standard documents used for exporting. Parties to the Contract The Agent shall provide all the necessary information in [specify language] to the Principal available to it concerning the laws and regulations within the territory that shall apply to the product(s) (or service(s)) as well as its activity. 5.1 The Parties shall agree on the advertising campaign to be made within the territory. Any dispute, controversy or claim arising out of or relating to this contract, including its conclusion, interpretation, performance, breach, termination or invalidity, shall be finally settled under the rules of [specify the arbitration institution] by [specify the number of arbitrators, e.g. 5.5 In any event, the Agent shall ensure that the advertising campaign as well as the advertisement content and materials strictly comply with local rules and regulations. Definition of terms pertinent to the contract ( this includes clearly defining terms such as affiliate, manufacturer, distributor, effective date, initial term, term, renewal term, party, products, territory etc.). [Delete if no relevant] The product(s) (or, service(s)) shall be promoted by the Agent throughout the following promotion channel(s): [describe the promotion channel(s)]. Law applicable 5. When to Use Sales Contracts. Any written offer (quotation), either contained in a formal written contract and posted or couriered to the importer, or sent by e-mail, fax, telex or cable to the importer, and confirmed (usually also in writing) by the importer, is another form of legitimate contract. See our User Agreement and Privacy Policy. In common law legal systems, a contract (or informally known as an agreement in some jurisdictions) is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. ), Issues pertaining to Intellectual Property (IP)licensing. Job Contract Template – 4+ For Word DOC & PDF. transmitted by the Agent (Articles 3.4 and 3.5), the information which the Principal should pass on to the Agent, such as the minimum overall orders, any change in the range of products or services, price, etc. Date; November 27 th, 2010. Option 2: Only for the transactions for which the Del Credere, undertaking has been expressly agreed on a case-by-case basis.]. Product ID: AU-SGAsog01 . The Parties’ fiscal identities]. Free Export Contract Template Here. Main clauses and sample Flat A.3/F, Causeway Tower, 16 -22 Causeway Road. This document is a template for a Joint Venture Agreement between two businesses. Payment conditions 6. 5.6 The Parties shall participate in the fairs or exhibitions within the territory listed in schedule 2. An export contract is entered into between an exporter and an importer belonging to two different countries for selling and purchasing goods or for offering services. [Option [delete if not applicable or not enforceable under the law governing the contract −, “17.4   If the Parties fail to reach agreement on the requested revision within [specify time, limit if appropriate], a party may resort to the dispute resolution procedure provided in, Article 25; the [court/arbitral tribunal] shall have the power to make any revision to this, contract that it finds just and equitable in the circumstances, or to terminate this contract at a date and on terms to be fixed.”]. ], 21.2    This contract may not be varied except by an agreement of the Parties in writing (which may include e-mail) (add where Article [17.4] or equivalent is included: Or in accordance with Article [17.4]. Supply Agreements in India are subject to the Indian Contract Act, 1872 which covers general contract principles like formation and mutual understanding and Sale of Goods Act, 1930 which deals with title to goods and warranties. It is also a legal document that officially documents a business transaction—an exchange of goods or services for a price. Contract price 3. Sample Sales Contract Agreement Template Oral contracts by telephone etc. Pricing, order, Payment, shipping and accounting: Initial pricing schedule to be provided as an attachment to the agreement, Orders submitted by distributor to manufacturer to specify shipment, delivery dates. [Comment: Should the Parties wish to include a Del Credere clause, they should pay attention to the legal provisions applicable in the country where the Agent is established, as some countries have mandatory requirements on Del Credere obligations.]. Furthermore, Distributor shall meet the minimum dollar amount set forth in the Attachment. Neither party is liable for any acts, omissions to act, contracts, promises, commitments or representations made by the other, except as specified in this Agreement.”, “Distributor shall be the exclusive distributor for Manufacturer to sell Products in Territory and shall not act as a distributor or a sales representative for, or design, manufacture, sell, distribute, service or market, any products in competition with any products manufactured by Manufacturer.”, “Distributor is responsible for all expenses incurred by Distributor in connection with the implementation and performance of Distributor’s duties and obligations under this Agreement, including but not limited to: (a) the expenses incurred in fulfilling its duties and responsibilities as provided in Section 4; (b) costs, expenses and salaries of its personnel associated with establishing and maintaining its sales organization and offices; (c) advertising and promotion expenses; and (e) any and all taxes, duties, tariffs or charges that may be imposed on Distributor in Territory.”, “Manufacturer will use its best efforts to deliver Products pursuant to the dates and other. This PDF document agreement template is professionally created to give a sound contract. Manufacturer also consults with distributor on promotion, training etc. Importance of Trade Agreement Template. 3 The Del Credere obligation does not cover the expenses incurred by the principal for recovering its credits. Products shall be delivered in conjunction with the associated Identification of RMNS. An agreement for the long-term supply of manufactured goods between a supplier and a customer. Such an agreement may or may not be confirmed in writing. Sample Independent Contractor Agreement. A number of small and medium-sized businesses rely on independent distributors to buy and distribute their products. This model contract model is used when there are going to be repeat transactions over a long period of time, possibly years, as opposed to a single one-time transaction. Sample Foreign Representation Agreement THIS AGENCY AND DISTRIBUTION AGREEMENT (the "Agreement") is made as of the _____ day of _____, 2001, by and between ABC Co., a Maryland corporation with its principal place of business at Documents needed for international trade transactions fall into four categories: - Documents for export and subsequent import of goods. The export contract needs to specify the terms and conditions for doing this, and should at least describe: To provide a common terminology for international shipping and minimize misunderstandings over contract terms, the International Chamber of Commerce has developed a set of terms known as Incoterms. All, advertisement content and materials issued by the Agent in relation with the product(s) (or, service(s)) shall strictly conform to the Principal’s guidelines and marketing policies.”]. Sometimes some goods are restricted to export. A contract agreement makes the promises more concrete and can be used as a legal document for times when one or more than one involved party tries to sway away from the agreement. (See below). Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Sample Sales Contract Agreement Template 21.1    This contract sets out the entire agreement between the Parties. 9.6 The Principal warranties to the Agent that the products as well as the Principal’s trademarks, trade names or any other symbols do not infringe intellectual any property rights of any third parties in the territory. Before any discussion takes place between the Parties, it is therefore strongly recommended to check whether the agency contract contemplated may be impacted by such laws. Causeway Bay HONGKONG. At times, an organization requires to have a uniform set of employing format. . Therefore the Parties should check the situation under the relevant law before deciding which option to choose.]. 40 Hai Ba Trung Street, Hanoi VIETNAM. times [specify figure] the commission which would be due on such transaction.]. 17.2   If, however, after the time of conclusion of this contract, events occur which have not been contemplated by the Parties and which fundamentally alter the equilibrium of the present contract, thereby placing an excessive burden on one of the Parties in the performance of its contractual obligations (hardship), that party shall be entitled to request revision of this contract provided that: 17.2.1 The events could not reasonably have been taken into account by the affected party at the time of conclusion of this contract; 17.2.2 The events are beyond the control of the affected party; and 17.2.3 The risk of the events is not one that, according to this contract, the party affected should be required to bear. 19.1.2 Subcontract or otherwise delegate the whole or any part of its rights or obligations under this contract to another person. 13.1 The Agent shall satisfy itself, with due diligence, of the solvency of customers whose orders are transmitted to the Principal. Each Party (the “requesting party”) shall have the right, at its expense and upon prior written notice given to the other party (the “responding party”) at least fifteen (15) days prior to the inspection date requested by the requesting party, to inspect and audit all of the responding party’s records associated with the performance of this Agreement, and the responding party agrees to reasonably cooperate with and provide access to the requesting party and its financial advisors as may be necessary and appropriate for such inspection and audit.”, “The term of this Agreement will commence on the effective date of this Agreement and will, continue for a period of __ (__) years unless earlier terminated by either party in accordance with Section __. Prezentul contract a fost incheiat in limba ....., in 2 exemplare cate unul pentru fiecare parte. A verbal offer to sell, covering essential issues such as the product details, quantities offered, price per unit, delivery particulars and payment terms, made by the exporter to the foreign buyer (or an offer to buy by importer ) and confirmed by the second party is one example of a legitimate export contract. View Sample Document. The agreement also provides the conditions in which the contract will be terminated: Breach of contract, discontinuance of business, effect of state or federal regulations etc. The place of arbitration shall be [specify]. The challenge is to make your export contracts as clear, precise and comprehensive as is possible. 1.1 The Principal appoints the Agent as its commercial Agent, to promote the sale of the product(s) (or services) within the territory (and in the promotion channels) hereafter defined. Such a business relationship can be commenced on the national and international level. 2.6 The Agent shall perform its activity independently and shall, in no case, be considered as an employee of the Principal. WHEREAS, Licensee wishes to license software for the purpose of … Export services agreement template is designed to cater the needs of all those businesses who want to get involved in such kind of businesses. It is importer to know the implications of the terms used in a given contract (FOB, CIF etc. 2.5 The Agent shall with due diligence keep the Principal informed about its activity, the market conditions and the state of competition. The Services, Content, other technology We make available, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions.Each party represents that it is not named on any U.S. government denied-party list. Proforma invoice ( mark the price “0”) Packing list Legal form (e.g. For example: The first offer is seldom accepted If the Agent has been authorized, it must transmit the payments as soon as possible to the Principal and until then hold them separately on deposit on the Principal’s behalf. The importer may accept the pro-forma invoice and request for the conclusion of a written and signed by both parties. 7.1 The Agent undertakes not to compete with the Principal or to enter into any business relationship with competitors of the Principal for the entire duration of the present contract. The export contract can take many different forms. Clipping is a handy way to collect important slides you want to go back to later. These contract templates are typically used when you want … 14.4 The termination of this contract for any reason shall not affect: 14.4.1 Each party’s accrued rights, remedies or liabilities, including payments due at the effective date of termination; or. JotForm has made a huge difference for real estate agents who are collecting real estate applications data whether it’s for rental, loan or qualifying leads of sellers and people. You may also see partnership contract example. They may occur, however, between long-standing trade partners or between reputable firms dealing in commodities that are subject to rapid price fluctuations. This Importer Agreement (“Agreement”), dated this 2 nd day of January, 2007, by and between Extrade II, S.A. de C.V., a sociedad anónima de capital variable organized under the laws of Mexico (“Extrade II”), and Crown Imports LLC, a Delaware limited liability company (“Importer”). Our website’s Sample Agreements for sales contracts cover a wide array of different kinds of applicable sales agreements that cover everything from merchandised goods to car sales. IMPORTER AGREEMENT. All of the pro forma invoice templates are created in Microsoft® Word … The Principal may be, for instance, a distributor. When importing or exporting, the right paperwork is crucial. 246+ Contract Templates in Word Contract Templates in Apple Pages; If you are running a service company and need to streamline your transactions, you will want a contract template to help you get the necessary details down just right. Contract Template We provide a variety of free and printable contract templates for you. The, Agent shall pass any order received to the Principal.”.]. Law applicable The time for performance of that obligation shall be extended. 14.5 At the end of this contract, the Principal shall pay all and any commissions due to the Agent. Dealership Contract Template. 3.8 The Principal shall provide the Agent, free of charge, with all information and documentation needed for the performance of the present contract, including, but not limited to, the terms and conditions of sale, price lists, technical documents. The product(s) (or service(s)) shall be promoted by the Agent under this contract within the following territory: [describe the territory], 1.4 Promotion channel(s). 4 The agent shall be entitled to an extra commission of . The Agent shall not take orders from customers whose financial standing and capacity of meeting their financial commitments towards the Principal are questionable without informing the Principal in advance of such a fact. Get yourself a customs broker in your country, they will help you make all clear. It involves payments, receptions, terms and conditions and all other stuffs as well. 14.3 Each party may terminate this contract with immediate effect by written notice in case of: 14.3.1 A substantial breach by the other party of its obligations which could be qualified as gross negligence or wilful misconduct; 14.3.2 Exceptional circumstances beyond the control of the Parties, which render the continuation of this contract impossible; 14.3.3 Failure to remedy to any other breach by the other party of its obligations under this contract, after a 15 days written notice to remedy to such breach. 3.3 Time of delivery 3.1 In its relation with the Agent, the Principal must act dutifully and in good faith. With this effect, a job contract template is essential. called "Products"), at the following contract price and upon the terms and conditions hereinafter set forth. 5.3 The Principal shall supply the Agent, free of charge, with any advertisement content and materials in relation with the product(s) (or service(s)) needed for the performance of this contract. At the end of each Term, including at the end of the Initial Term and the Renewal Terms, this Agreement will be automatically renewed for an additional __ (__) year period, unless either party give the other party a written notice __ (__) days prior to the expiration of the Initial Term or any Renewal Term. 15.1.3 The Agent shall have no right to receive the termination Indemnity in the following cases: – When the Principal has terminated the contract for the reasons set out in paragraph 14.3 above. If the licensee uses your technology to create other technologies, for example, this can severely undermine the value of your asset. 3. A business contract can be used if you want to come up with a document that can discuss the agreement service between a business, a supplier, a service provider and/or an independent contractor. Facebook Twitter Pinterest Email. [Alternative: “16.4 If the performance by either party of any of its obligations under this contract is prevented or delayed by force majeure for a continuous period in excess of three, [specify any other figure] months, the Parties shall negotiate in good faith, and use their, best endeavours to agree upon such amendments to this contract or alternative, arrangements as may be fair and reasonable with a view to alleviating its effects, but if they, do not agree upon such amendments or arrangements within a further period of 30 [specify, any other figure] days, the other party shall be entitled to terminate this contract by giving, written notice to the party affected by the force majeure.”], [Comment: The Parties should be free to consult each other in the event of a major change in circumstances − particularly one creating hardship for a particular party. 2.1 In performing its activities, the Agent shall look after the Principal’s interests and act dutifully and in good faith. Usually, there’s no export duty, but some goods may be restricted or prohibited to export in your country. [The following are alternatives to a specified arbitral institution under Article 25: “Any dispute, controversy or claim arising out of or relating to this contract, including its conclusion, interpretation, performance, breach, termination or invalidity, shall be finally settled under the rules of UNCITRAL [specify other rules] by [specify the number of arbitrators, e.g. 1. “Termination of the Agreement for any reason does not affect (a) obligations that have accrued as of the date of termination; and (b) the obligations under those sections identified in Section – of this Agreement. [Alternative (where the Agent has the authority to bind the Principal): “2.2 The Agent, shall (introduce) the product(s) (or service(s)) [delete if not relevant], promote, negotiate, and conclude the sale of the product(s) (or service(s)) in the territory (and in the promotion, channels) [delete if not relevant] in accordance with the terms agreed in this contract. and provide the latter with repair and replacement parts. Shipment: Manufacturer to arrange shipment to distributor, time of payment, transfer of title and risk of loss to buyer. You need to be clear and precise Countries are always eager to export their products to other countries for valuable earning foreign currencies and improving their economic conditions.