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State of the Art Mart High Tech Wireless & Digital Electronics
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| JOIN US AGREEMENT CONTRACT |
Agent/Exporter Advertising Agreement JOIN US !
Made on the ______ day of _________200__.
BETWEEN ___________________of_______________ Company
(hereinafter called the Principals) of the one part.
and Michael and Michele Dunn of The NorthStar Agency
(hereinafter called the agent) of the other part.
WHEREBY IT IS AGREED AS FOLLOWS:
1. THE PRINCIPALS hereby appoint the Agent as their sole agent in the United States of America for the sale of products major consumer such as ____________________,and all related system devices. And any products manufactured or dealt with by them for which they are seeking USA buyers.
The agreement may be terminated by either party by written notice given three/six
months prior to date of termination of agreement.
2. THE AGENT shall exercise all reasonable care and skill in the performanceof his duties and shall act faithfully on behalf of the Principals. The Principals shall do all things reasonably necessary to enable the agent to earn his due commission and will supply him with such product information as he may reasonably require.
3. THE AGENT will forward to the Principals all enquiries he may receive and shall not (without express authority) enter into a contract on behalf of the Principals nor bind or attempt to bind them in any way, nor shall the Agent (without express authority) receive any payment on behalf of the Principals.
4. (a) THE PRINCIPALS will provide the agent with all necessary samples, patterns, demonstration models, catalogues, price lists, and sales literature generally to enable him to conduct the agency, and the Agent shall not be liable for any loss or damage to such samples or other of the aforesaid items whether or not caused or contributed to by the negligence or default of the Agent.
(b) THE PRINCIPALS shall pay all carriage, freight, customs and excise duties, insurance and all other payment reasonably necessary in respect of the said samples and other items including the cost of delivery to the Agent and their return to the Principals or as the Principals may order on the termination of the Agency.
(c) THE AGENT shall have lien on any such samples or other items in his possession in respect of any moneys outstanding from the Principals by way of commission or expenses or any other sums due to him from the Principals.
5 THE PRINCIPALS shall forward all the goods which they agree to sell to customers in the said area direct to such customers together with invoices and other documents in respect of any such sale but they will at the time of sending the customers any such invoices or other documents send to the Agent a duplicate or copy thereof and they will also send a copy or duplicate of every order when received to the Agent.
6. (a) The remuneration of the Agent shall be by way of commission and shall be at the rate of 10 per cent upon the invoice price of all goods sold to the customers in the said area whether from orders received by the Principals through the Agent or from customers direct. Start up fee is waived for your company.
(b) After termination of the Agency the Agent shall be entitled to commission at the same rate from all orders from all customers up to the date of such termination.
(c) The commission shall in all cases be at the said rate on the normal invoice price and no deductions may be made from the commissions by the Principals in respect of any rebates or other concessions granted by them to the customers (other than the usual trade discounts).
(d) All commission payments shall be made to the Agent in USD and payable by International Money Order or by Bank Cashiers Check by Certified mail..Made payable to Michele L. Dunn, Treasury VP.
7. THE PRINCIPALS shall pay to the Agent any such expenses as are reasonably incurred on behalf of the Principals (or as may be otherwise agreed on between both parties). The principals shall also pay the cost of all advertising and publicity but no such expense shall be incurred by the Agent without the consent of the Principals.
8. THE PRINCIPALS shall on the Fifth day of each calendar month send to the Agent an account showing the particulars of all sales during the preceding calendar month to customers within the said area together with a statement of the commission due to the Agent and a remittance for the amount due shall accompany the said statement. After termination of the Agency the Agent shall be entitled to commission on all orders as set out in clause 6 hereof and the Principals shall continue to deliver commission accounts accompanied by remittances as above mentioned until all such orders have been executed.
9. (a) THE AGENT may upon presentation of any account in respect of commission by the Principals request an extract from the account and other books of the Principals relating to such commission, and the Principals shall deliver to the Agent an extract from all such relevant books.
(b) Where the Principals fail to deliver such an extract or where the accuracy of such extract is disputed by the Agent, the Agent shall be entitled either personally or by his solicitor or by a qualified chartered accountant acting on his behalf to inspect the relevant books and accounts of the Principals.
10. THE AGENT shall not be entitled to commission on the amount of any invoice if such amount is wholly or partly lost by reason of the insolvency of the customers, and in the event of any commission having been paid in respect of such amount the same shall be refunded by the Agent to the Principals.
11. (a) In the event of the Agency lawfully being terminated by the Principals for any reason other than willful misconduct on the part of the Agent, the Agent shall be entitled to an amount to be paid to him by the Principals by way of compensation for loss of goodwill suffered by the Agent.
(b) Such compensation shall be an amount equal to the average annual sum earned by the Agent in respect of commission under the Agency during the five years immediately preceding the said termination.
(c) In the event of the agency having subsisted for a shorter period than five years, the amount of the compensation shall be the average annual sum of the entire period of the Agency.
(d) Where the Agent has completed more than five years service as Agent to the Principals the amount to be paid in compensation shall be increased by 2.5% in respect of each completed additional year of service.
(e) Such compensation is paid within three months of the termination of the Agency.
12. Compensation as is contained in Clause 11 above shall also be payable where the Principals sell, lease, hire or mortgage or otherwise dispose of their business or where for any reason the Principals cease to carry on business or become bankrupt or (in the case of a company) become insolvent or go into liquidation.
13. In the event of the Agent retiring after the age of sixty-five, or on his death, compensation shall also be payable to him or his personal representative or representatives as the case may be as
contained in clause 11 above.
14. This agreement shall be construed in all respects in accordance with U.S.A. law and for this purpose the Principals hereby submit themselves to the jurisdiction of the United States courts. As witness the signatures of the parties the day and year first above written.
Ihave found it's a person;s integrity not the ink in his pen that bonds an agreement, therefore...
A Typed Name below is Accepted and will have the full purpose and legal binding as my written signature.
As EMails and Faxes are considered legal documents. All start up fees are waived until 11/07/2003.
Manufacturer/Supplier :
Signed by ________________________________________________________________________________
Address __________________________________________________________________________________
Phone ____________________________________________________________________Fax___________
EMail__________
Web Site________
Date: __________________________________________________________________________________
********************************************************************
NorthStar Import/Export Agency :
Signed by: __________ Michael and Michele Dunn_________________________________
Address: Pointe Tapatio 1125 E. North Lane Suite #3 Phoenix, AZ 85020-1569 USA
EMail: USA_Agent@Lycos.com
Phone: 1 6028702957_____________Fax:14132357941
Date :
__________________________________________________________________________________
Thank you, we look forward to serving the best interests of your company , introducing you to USA Buyers.
FILL OUT AND RETURN.
WE MATCH SELLERS AND BUYERS WORLD WIDE WE SAVE YOU TIME AND MAKE YOU MONEY. M DUNN/OWNER
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