加拿大外贸
AGENCY AGREEMENTThis Agreement entered into this
WITNESSETH:
Article 1. PRODUCTS
The COMPANY hereby appoints the REPRESENTATIVE, and the REPRESENTATIVE hereby accepts appointment as the COMPANY's independent sales representative to promote and assist in the sales of the products specified in the Discount Schedules.
Article 2. TERRITORY
The sales territory designated hereto is the geographical area of as well as the area mutually agreed upon for which the REPRESENTATIVE shall have sales responsibility and in which the REPRESENTATIVE will exert its effort for sales of the products.
Article 3. REPRESENTATIVE's RESPONSIBILITIES
a. Generate and stimulate interests in the products and furnish information to the COMPANY in regard to market trend and prospective purchasers of the products.
b. Participate in the sales promotion activities to benefit sales of the products and assist and advises the COMPANY in this regards.
Article 4. COMPANY's RESPONSIBILITIES
a. Endeavor to maintain the delivery conditions on all orders accepted by the COMPANY.
b. Provide the REPRESENTATIVE to the full extent, with sales and technical information and assistance regarding the products.
c. Keep the REPRESENTATIVE informed of specification changes in the products.
Article 5. TERMS OF SALE
The prices, discounts and terms applicable to the purchase of the products at the date of this agreement are set forth in the Discount Schedules, but these prices, discounts, and terms shall be subject to change from time to time hereafter.
Article 6. PAYMENT
The REPRESENTATIVE shall pay the price to the COMPANY within seven(7) days before the date of the shipment of the products by way of wire transfer to the following bank account of the COMPANY.
Article 7. DELIVERY
Unless otherwise specifically provided in the Discount Schedules, delivery of the products shall be F.O.B. Tokyo, and the date of the bill of lading shall be taken to be the date of delivery of the products. The COMPANY shall not be liable for delays in delivery or failure to manufacture due to strikes, lock-outs, riots, civil commotions, insurrections, wars, acts of God, operation of law or any other causes beyond its control.
Article 8. WARRANTY
The COMPANY warrants the REPRESENTATIVE that the products to be delivered on any order will be the kind designated or specified. If it appears within six(6) months from date of shipment by the COMPANY that the products delivered on any order are not of the kind designated or specified, and the REPRESENTATIVE notifies the COMPANY immediately, the COMPANY shall thereupon correct the defect or defects, at its option, either by repairing the defective part or parts or sending a replacement(s).
Article 9. CANCELLATION OF ORDERS
The REPRESENTATIVE may cancel any order placed only upon written notice and upon payment to the COMPANY of reasonable and proper cancellation charges.
Article 10. ASSIGNMENT OF AGREEMENT
Neither this Agreement nor any rights or obligations hereunder may be assigned by the REPRESENTATIVE without prior written consent of the COMPANY.
Article 11. DURATION & TERMINATION
This Agreement shall be effective for an initial period of three(3) years from the effective date of this Agreement, and shall be extended automatically for a period of one year unless there is written notice from either party not less than thirty(30) days prior to expiration date. This Agreement shall continue in effect from the effective date hereof until terminated as follows :
a. By an Agreement in writing signed on behalf of the COMPANY by the President or a Vice-President ; or
b. By either party at will, with or without cause, upon three months' notice in writing given by registered mail.
c. By the COMPANY upon one day's like notice if the REPRESENTATIVE assigns this agreement, or any rights hereunder, without the COMPANY's prior written consent or there is a change in the control or management of the REPRESENTATIVE which is unacceptable to the COMPANY : or a draft drawn by the COMPANY on the REPRESENTATIVE is dishonored : or the REPRESENTATIVE ceases to function as a going concern, or to conduct its operations in the normal course of business : or a receiver for the REPRESENTATIVE is appointed, or applied for or a petition under the Federal Bankruptcy Act is filed by or against the REPRESENTATIVE.
Article 12. ARBITRATION
All disputes, controversies, or differences which may arise between the REPRESENTATIVE and the COMPANY out of or in relation to this agreement shall be finally settled by arbitration in Tokyo, Japan In accordance with the rules of the Japan Commercial Arbitration Association. The award rendered by the arbitrators shall be final and binding upon the parties thereto.
Article 13. FORCE MAJEURE
Neither Party shall be liable to the other party for non-performance or delay in performance of any of its obligation under this agreement due to causes reasonably beyond its control including fire, flood, strikes, labor troubles or other industrial disturbance, unavoidable accidents, governmental regulations, riots, and insurrection. Upon occurrence of such a force majeure condition the affected party shall immediately notify the other party with as much detail as possible and shall promptly inform the other party of any further developments. Immediately after the cause is removed, the affected party shall perform such obligations with all due speed unless the agreement is previously terminated in accordance with Article 10 hereof.
Effective Date :
The COMPANY :
Name :
Title :
The COMPANY :
Name :
Title :
---------------------------------------------------------------- 第二份协议（合同）
Product Agency Agreement
No： Date：
This agreement is entered into between the parties concerned on the basis of equality and mutual benefit to develop business on terms and conditions mutually agreed upon as follows:
1. Contracting Parties：
Supplier： ( hereinafter called " Party A ")
Agent：( hereinafter called " Party B ")
Party A hereby appoints party B to act as his selling agent to sell the commodity mentioned below.
2. Basic right and obligation:
2.1 Commodity and Quantity or amount
2.2 Territory In__UK___only.
Party A shall not supply the contracted commodity to any other buyers in the above mentioned territory. Direct enquiries, if any, will be referred to Party B.
2.3 Confirmation of orders
The quantities, prices and shipment of the commodities stated in this Agreement shall be confirmed for each transaction, the particulars of which are to be specified in the Sales Confirmation signed by the two parties hereto.
Since the date of signing the contract, within 15 days Party B have to give Party A the first order.
2.4 Payment:
It is mutually agreed that the mode of payment is by T/T.
For each order, Party B need to pay 30% advanced payment as deposit. After Party A receives the deposit successfully, Party A start the production. After the production has been completed, Party B need pay the balance, after Party A received the balance successfully, Party A start dispatching the goods.
3. Validity of Agreement:
This agreement, after its being signed by the parties concerned shall remain of in force for_____as from _____ to _____ If either party wish to extend this Agreement, he shall notice, in writing, the other party one month prior to its expiration, the matter shall be decided by consent of the parties hereto.
4. Liability for breach of contract:
Should either party fail to implement the terms and conditions herein, the other party is entitled to terminate the Agreement.
During the term of the agreement, if the Party B fails to reach the specified purchasing amount in this contract , Party A has the right to unilaterally cancel the Party B’s right of the exclusive agent.
During the term of the agreement, if Party A sell the same product to any third party who is in UK, Party A has the right to terminate the Agreement
5. Arbitration:
All disputes arising from the execution of this agreement shall be settled through friendly consultations. In case no settlement can be reached, the case in dispute shall then be submitted to the Foreign Trad Arbitration Commission of the China Council for the Promotion of International Trade for Arbitration in accordance with its Provisional Rules of Procedure. The decesion made by this commission shall be regarded as final and binding upon both parties. Arbitration fees shall be borne by the losing party, unless otherwise awarded.
6. Other Terms and Conditions:
6.1 For any business transacted between governments of both Parties, Party A may handle such direct dealings as authorized by Party A's government without binding himself to this Agreement. Party B shall not interfere in such direct dealings, nor shall Party B bring forward any demand for compensation therefrom.
6.2 This Agreement shall be subject to the terms and conditions in the Sales Confirmation signed by both parties hereto.
7. Contract Date:
This Agreement is signed on___/___/_____at_____and is in two originals, each party holds one.
Party A： Party B：
------------------------------------------------------------------------- 第三份是上的《委托区域性总代理合同范本.doc》不过是中文的，就不发了。
评论
合同的专业性和具体涉及的签约事项，涉及的具体产品有关系。
例如，委托软件开发合同，和采购电子电器合同肯定有不同之处。
不过还是有些共同点的，比如，不可抗力因素的违约处理方式方法。单方违约责任的处理。争议纠纷的制定仲裁机构。适用的法律法规等等事项。
所以还是根据自己签订合同的内容来制定合同内容。格式不是一成不变的。
评论
这么么多，眼啊花了，必要的款项在就行了么，没有专业不专业的啊
加拿大电商昨天我把提单复件发给了客户，今天收到了他回信，如下： Dear Nicholas, please send all shipping documents. We will check B/L copy and we will reply ASAP. Thank you Best Regards ......................................... 加拿大电商刚从事这行半年，对电子行业不了解，自己整理了些，算是学习，供大家分享，也请大家补充。我毕竟是个文科生，对这方面知识严重欠缺。 DVD:英文全名是Digital Video Disk, 即数字视频光
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