ContractNo.: _ _ _ _ _ _
Party A (the principal): _ _ _ _ _ _
Legal address: _ _ _ _ _ _ _
Legal representative: _ _ _ _ _ _ _ < _ _ _ _ _ _
Tel: _______
Party B (agent): _ _ _ _ _ _
Legal address: _ _ _ _ _ _ _
Legal representative: _ _ _ _ _. Code: _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _
Based on the principles of voluntariness, equality, mutual benefit, honesty and credit, Party A and Party B, through full friendly negotiation, have concluded the following terms and conditions in connection with the sales of Party A's products.
1. Agency area
1. Party B's agency area is _ _ _ _ _ _ _.
2. Conditions and methods for expanding or shrinking the agency area: _ _ _ _ _ _ _
2. Agency products
1. Party B sells Party A's products as _ _ _ _ _ _
2. Conditions and methods for increasing or decreasing the agency commodity categories: _ _ _ _ _ _ _.
2. Party A shall not set up other agents or distributors in the agency area of Party B.. In case of the above situation, Party A shall return the deposit to Party B, and Party B has the right to terminate the agency contract immediately and get corresponding compensation.
3. Party B is strictly forbidden to cross-regional goods smuggling. For Party B who has cross-regional goods smuggling behavior, Party A will cancel his agency qualification and this contract will be automatically terminated.
4. while handling party a's products as an agent, party b must prohibit other similar products that are competitive and have an impact on party a .. Otherwise, Party A has the right to hold Party B liable for breach of contract.
5. For the sales area represented by Party B, Party B can formulate the sales policy according to the actual situation. In principle, Party A will not interfere, but Party B will be jointly and severally liable for the distribution behavior of itself and its subordinate distributors.
iv. Agency term
1. The agency term of this contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Both parties may terminate or renew the contract in advance according to the agreement in this contract.
2. if party b requests to renew this contract, it shall submit a written request to party a at least _ _ _ _ _ _ _ months before the expiration of this contract. If Party A agrees, sign a renewal contract with Party B..
3. Party A and Party B agree that Party B can renew the contract upon the expiration of the term of this contract if it meets the following conditions:
(1) Party B has performed its obligations under this contract well without any major breach of contract;
(2) Party A has paid all the money due;
(3) sign the document waiving the right to institute litigation and arbitration against Party A;
(4) agree to pay the renewal fee of _ _ _ _ _ _ _ yuan to Party A;
(5)_________。
v. Minimum agency sales
Party B promises that the order quantity to Party A is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ If the sales target cannot be achieved for _ _ _ _ _ _ _ consecutive years, Party A has the right to cancel Party B's agency qualification.
VI. Agency commodity price
1. Distribution price: The price of products uniformly distributed by Party A to Party B shall be determined according to the method of cost price plus management fee, but the management fee shall not exceed _ _ _ _ _ _ _% of the cost price at most. The cost price consists of input price, input tax, packaging fee, freight and _ _ _ _ _ _ _. Party A shall not charge other fees or seek any benefits from Party B except for the qualification examination fee and sales rebate.
2. Sales price: Party B shall sell products (services) at the retail price suggested (stipulated) by Party A.. Party B shall not adjust the stipulated product sales price without authorization or increase the price in disguised form by charging _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ If the retail price suggested (stipulated) by Party A is not in line with the local market situation, and Party B needs to adjust the sales price, it shall report to Party A.. Party A shall make a decision to adjust the price according to the unified requirements of the system and the market situation in the area where Party B is located.
VII. Commission
1. Party B's commission is based on the agreed products sold and signed each time, and its commission percentage is as follows: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. The commission shall be calculated according to the invoice amount, and any additional expenses such as packing fee, transportation fee, insurance fee, customs duty or customs duty levied by the importing country shall be invoiced separately.
3. The commission is calculated and paid in the currency of the transaction.
4. Party A shall explain to Party B the amount of the commission and the business related to the commission payment every quarter, and Party A shall pay the commission within 31 days after receiving the payment.
5. If Party A does not accept the inquiry or order introduced by Party B, there will be no commission. If the order contract introduced by Party B has been terminated, Party B has no right to claim commission, unless the termination of the contract is due to Party A's responsibility.
VIII. Business Report
1. Party B has the right to accept customers' opinions and complaints about products and notify Party A in time, so as to pay attention to Party A's vital interests.
2. Party B shall try its best to provide Party A with information on the market and competition of goods, and shall send a work report to Party A every _ _ _ _ _ _ _ _ _ _ _.
3. Party A shall provide Party B with all necessary information including sales, price list, technical documents and advertising materials. Party A shall also inform Party B of any change in product price, sales situation or payment method in time.
IX. Promotion, publicity and advertising
1. Party B is the authorized agent of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. Party B has the obligation to publicize the agency products (services) through advertising activities, and bear the advertising and publicity expenses according to the provisions of this contract.
3. Party A implements the product advertising plan and releases advertisements by formulating the overall advertising plan and other regulations; Party B shall, according to the requirements of Party A, publish promotional advertisements and carry out promotional activities in the agency area.
4. Party B shall implement Party A's requirements for advertising activities and shall not publish advertisements in violation of regulations.
5. Party B can plan and implement advertising or promotion activities aiming at the characteristics of the market in the agent area by itself, but it must obtain the prior written consent of Party A and conduct them under the guidance of Party A..
11. Purchase and sale
1. When Party B needs goods, it shall issue a written order to Party A, and generally, it shall issue the next monthly order to Party A before _ _ _ _ _ _ _ _ _ of each month, and pay the payment in full before picking up the goods.
(1) Party A shall deliver the goods after receiving the full payment from Party B, and the place of delivery shall be the place where Party B is located.
(2) Party A may deliver the goods on behalf of Party B, and Party B shall bear the railway freight or steam freight, air freight, etc., and the delivery method shall be determined by Party B..
(3) Party A will fax or send the shipping documents to Party B after delivery. The shipping time is subject to the time indicated on the shipping documents.
2. Party B shall inspect the quality of the products within _ _ _ _ _ _ days after receiving the goods. If the quality and packaging of the products do not meet the quality standards, or the shelf life of the products has exceeded the specified standards, Party A shall exchange or return them.
Xi. Supervision, training and after-sales service
1. Party A shall provide guidance, inspection, supervision and assessment for Party B's business activities on a regular or irregular basis without affecting the normal business of Party B.. Party B shall follow the advice and guidance of Party A or its appointed supervisor in the course of operation.
2. Party B shall keep complete and accurate transaction records, and submit the financial statements of the total operating income of the previous month to Party A before _ _ _ _ _ _ _ every month.
3. within the validity period of this contract, party a shall provide party b or its designated personnel with management responsibilities with no less than _ _ _ _ _ _ _ business training every year. The training expenses shall be borne by Party A, but the travel expenses of the trainees shall be borne by themselves.
4. during the validity of this contract, party a shall continuously provide party b with necessary marketing, service or technical guidance and provide necessary assistance.
5. The products provided by Party A to Party B shall be guaranteed in strict accordance with the warranty provided by Party A and relevant national regulations.
6. after the sales are completed, party b shall fill in the customer registration form according to the requirements of party a, and return the customer registration form to party a by fax or other forms regularly every month, so as to facilitate the after-sales service and routine inspection in the future.
7. When Party B has after-sales service requirements, Party B shall notify Party A of the service requirements and contents in writing, and Party A shall give a reply within _ _ _ _ _ _ _ _ _ _ hours after receiving Party B's notice, confirming the service contents and time. At the same time, Party A shall provide Party B with _ _ _ _ _ _ _ _ _ _ _ _ hours of after-sales service hotline contact service.
XII. Intellectual property rights
1. Party A allows Party B to use the trademarks (trade names, logos), patents, copyrights, trade secrets, etc. owned by Party A, and Party B enjoys the right of exclusive license (exclusive license or general license) in the agency area.
2. Party A makes the following restrictions and reservations on the rights of trademarks (trade names, logos), patents, copyrights, trade secrets, etc. licensed to Party B:
(1) Only for the purpose of sales agency operation;
(2) The third party licensed by Party A uses the trade secrets in the agent area in the form of _ _ _ _ _ _ _ _ _ _;
(3) Other restrictions and reservations made by Trademark License Agreement or Trade Secret License Agreement or Patent License Agreement or _ _ _ _ _ _.
3. Party B shall regularly inspect the market, and if it finds any illegal acts of a third party infringing on Party A's industrial property rights or damaging Party A's interests, Party B shall report to Party A according to the facts. Party B shall do its best and follow the instructions of Party A to help Party A protect it from such acts, and Party A will bear such expenses other than normal agency activities.
4. Party B shall not compete with Party A or help others to compete with Party A. Moreover, Party B shall not manufacture agency products or products similar to consignment sales, nor shall it profit from any enterprise competing with Party A.. At the same time, Party B shall not represent or sell any products that are the same as or similar to the products represented (whether new or old).
5. within _ _ _ _ _ _ years after the termination of this contract, Party B cannot produce and sell similar products to compete, and within _ _ _ _ _ _ _ years after the termination of this contract, Party B cannot represent other similar products to compete.
6. All product designs and descriptions belong to Party A, and Party B shall return them to Party A upon termination of the agreement.
XIII. Transfer of Contract
1. During the validity of this contract, Party B shall independently operate the agency business, and it is forbidden to transfer all or part of the agency sales business to a third party for management by contracting, leasing, cooperation, entrustment or any other means.
2. without the written consent of party a, party b shall not transfer this contract.
(1) when party b requests the transfer of this contract, it shall report the reasons and conditions of the transfer and the information disclosure documents made by the transferee in accordance with the provisions of this contract to party a, and party a shall make a decision on whether to approve the transfer.
(2) when party b assigns this contract, under the same conditions, the third party designated by party a has the priority to be assigned. Party B shall not cancel the transfer or change the transfer price and conditions after Party A sends a notice of priority to Party B. Otherwise, Party B shall not make the transfer within _ _ _ _ _ _ years.
(3) when party b transfers this contract, the transferee shall re-sign an agency sales contract with party a.
XIV. Contract changes
1. In order to meet the needs of market competition, Party A has the right to make appropriate changes to this contract, but the changes must be in good faith and reasonable, and shall not conflict with the contents of the main contract and the subsidiary agreements in the annex to the contract.
2. party a shall notify party b of the reasons, feasibility and related matters of the contract change _ _ _ _ _ _ _ days before the specified change time.
3. Party B shall make changes in the agency area according to Party A's regulations, and report the implementation to Party A in time.
4. when this contract expires, party a has the right to replace this contract with a newly formulated sales agency contract. The revision of this contract should be based on the principle of reasonableness and goodwill, and the newly formulated sales agency contract text should be applicable to all the agents.
XV. Termination of Contract
1. This contract is terminated due to the following circumstances:
(1) Upon the expiration of the contract term, Party A and Party B will not renew this contract;
(2) Party A and Party B terminate this contract through a written agreement;
(3) the purpose of the contract cannot be achieved due to force majeure;
(4) before the expiration of the contract period, one party clearly indicated or indicated by its own behavior that it would not perform the main obligations of the contract;
(5) one party delays the performance of the main obligations of the contract and fails to perform within a reasonable time after being urged;
(6) The purpose of the contract cannot be achieved due to other breaches or illegal acts of the parties;
(7) one party declares bankruptcy or dissolution;
(8) The court, the government and other administrative actions require the agent to terminate its business;
(9)_________。
2. after the termination of this contract, party b shall immediately stop using any logo and intellectual property rights of party a related to agency sales.
3. party b shall return all articles provided by party a for the performance of this contract, including documents and their copies or any other copies, within _ _ _ _ _ _ _ days from the date of termination of this contract.
4. The disposal method of all the remaining products that are intact on the termination date of this contract and are still within the warranty period and can be used or sold again is:
□ Party A repurchases them at the original selling price;
□ Party B shall handle it by itself;
□_________。
XVI. Termination of the Contract
1. If Party A commits any of the following acts, Party B has the right to unilaterally terminate the contract by written notice, and the notice of termination of the contract will take effect when it reaches Party A:
(1) Party B suffers economic losses due to its failure to comply with the mandatory provisions of laws and regulations on the qualification of agents at the time of signing this contract;
(2) Party B suffers economic losses by failing to provide relevant agency information or providing false information according to laws and regulations before signing this contract;
(3) The ownership or use right of relevant intellectual property rights was not owned at the time of signing this contract or lost during the validity period of this contract, resulting in the third party claiming relevant rights from Party B;
(4) A large number of complaints caused by product quality problems have been exposed by major media, and products