Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                

Whereas, The Undersigned Parties Are Mutually Desirous of Doing Business

Download as doc, pdf, or txt
Download as doc, pdf, or txt
You are on page 1of 12

NON CIRCUMVENTION AND NON DISCLOSURE WORKING

AGREEMENT For General and various commodities


Whereas, the undersigned parties are mutually desirous of doing business with respect to the
arranging, selling and buying and in cooperation with one another and with third parties for their
mutual benefit. The documents which are going to follow this agreement like letters of intent, full
corporate offers, bank comfort letters, contract terms and conditions, banking details or pre-
advised payment instruments and/or any information contained in such documents will not be
passed, under any circumstance, onto another intermediary or broker or trader or whatever
company or private persons who are not end buyers or end suppliers without prior specific
written consent of the party(s) providing such information.

This agreement is made and entered into on this date, shall obligate the undersigned parties and
their partners, associates, employers, employees, affiliates, subsidiaries, parent companies, any
nominees, representatives, successors, clients and assigns hereinafter referred to as “The Parties”
jointly severally, mutually and reciprocally for the terms and conditions expressly state and agree
to below, and that this agreement may be referenced from time to time in any document(s), or
written agreements, the terms and conditions of this agreement shall apply to any exchange of
information written or oral involving financial information, personal or corporate names,
contracts initiate by or involving the parties and any addition, renewal, extension, rollover
amendment, renegotiations or new agreement hereinafter referred to as “The Transaction”
(Project/Transaction) for the purchase of all commodities, products, Equipment.

NOW, THEREFORE IT IS AGREED


AGREEMENT NOT TO DEAL WITHOUT CONSENT
The intending parties hereby legally, and irrevocably bind themselves into guarantee to each
other that they shall not directly or indirectly interfere with, circumvent or attempt to circumvent,
avoid, by-pass or obviate each others interest or the interest or relationship between “The
Parties” with procedures, seller, buyers, brokers, dealers, distributors, refiners, shippers, financial
instructions, technology owners or manufacturers, to change, increase or avoid directly or
indirectly payments of established or to be established fees, commissions, or continuance of pre-
established relationship or intervene in un-contracted relationships with manufacturers or
technology owners with intermediaries entrepreneurs, legal council or initiate buy/sell

1/13
NON CIRCUMVENTION AND NON DISCLOSURE WORKING
AGREEMENT For General and various commodities
Relationship or transactional relationship that by-passes one of “The Parties” to one another in
connection with any ongoing and future transaction or project.

AGREEMENT NOT TO DISCLOSE

T
“ he Parties” irrevocably agree that they shall not disclose or otherwise reveal directly or
indirectly to a third party any confidential information provided by one party to the other or

otherwise acquired, particularly contract terms, product information or manufacturing processes,


prices, fees, financial agreement, schedules and information concerning the identity of the sellers,
producers, buyers, lenders, borrowers, brokers, distributors, refiners, manufacturers, technology
owners, or their representative and specifically individuals names, addresses, principals, or
telex/fax/telephone numbers, references product or technology information and/or other
information advised by one party(s) to be one another as being confidential or privileged without
prior specific written consent of the party(s) providing such information.

AGREEMENT TO HONOR COMMISSIONS

Commissions, fees, compensation or remuneration to be paid as part of transaction covering


“The Parties” to this agreement, shall be agreed upon by separate written agreement by “The
Parties” concerned and shall be paid at the time such contract designated, concluded or monies
changing hands between buyers and sellers, unless otherwise agreed among “The Parties”.

T
“ he Parties” hereby irrevocably and unconditionally agree and guarantee to honor and respect
all such fees and remuneration, arrangements made as part of a commission transaction even in
the event that “The Parties” are not an integral member to a specific commission and fee,
remuneration agreement.

AGREEMENT TO INFORM

2/13
NON CIRCUMVENTION AND NON DISCLOSURE WORKING
AGREEMENT For General and various commodities
In specific deals where one of “The Parties” acting as an agent allows the buyers or buyer’s
mandate, and the seller to deal directly with one another, the agent shall be informed of the

development of the transactions by receiving copies of the correspondence made between the
buyer or buyer’s mandate and the seller.

TERM

This agreement shall be valid for five (5) years commencing from the date of this agreement.
This agreement has an option to renew for a further period of five (5) years subject to and upon
the terms and conditions agreed between both parties.
This agreement shall apply to:
 All transactions originated during the term of this agreement.
 All subsequent transactions that are follow up, repeat, extended or renegotiated
transactions of transactions originated during the term of this agreement.

ARBITRATION
All disputes arising out of or in connection with the present contract shall be finally settled
under the rules of arbitration of the “International Chamber of Commerce (ICC)” by one or
more “Arbitrators” appointed in accordance with the said rules.
Every award shall be binding on “The Parties” and enforceable at law.
By submitting the dispute to arbitration under these rules, “The Parties” undertake to carry out
any award without delay and shall be deemed to have waived their right to any form of recourse
insofar as such waiver can validly be made.

3/13
NON CIRCUMVENTION AND NON DISCLOSURE WORKING
AGREEMENT For General and various commodities
Each of “The Parties” subject to the declared breach shall be responsible for their own legal
expenses until an award is given or settlement is reached, provided however, “That Party” found
in default by “The Arbitrator(s)” shall compensate in full the aggrieved party its heirs, assignees
and/or designs for the total remuneration received as a result of business conducted with “The
Parties” covered by this agreement, plus all its arbitration costs, legal expenses and other charges
and damages deemed fair by “The Arbitrator(s)” for bank, lending institutions,
corporations, organizations, individuals, lenders, or borrowers, buyers or sellers that were
introduced by the named party, notwithstanding any other provisions of the award.

FORCE MAJOR

A party shall not be considered or adjudged to be in violation of this agreement when the
violation is due to circumstances beyond its control, including but not limited to act of God, civil
disturbances and theft or appropriation of the privileged information or contract(s) without the
intervention or assistance of one or more of “The Parties”.
ENTITIES OWNED OR CONTROLLED

This agreement shall be binding upon all entities owned or controlled by a party and upon the
principal(s), employee(s), assignee(s), family and heirs of each party.
Neither party shall have the right to assign this agreement without the express written consent of
the other.
AGREEMENT NOT TO CIRCUMVENT

T
“ he Parties” agree not to circumvent or attempt to circumvent this agreement in an effort to
gain fees, commissions, remunerations or considerations to the benefit of the one or more if “The
parties” while excluding other or agree to benefit to any other party.

NOT PARTNERSHIP AGREEMENT


4/13
NON CIRCUMVENTION AND NON DISCLOSURE WORKING
AGREEMENT For General and various commodities

This agreement in no way shall be construed as being an agreement of partnership and none of
“The Parties” shall have any claim against any separate dealing, venture or assets of any other
party or shall any party be liable for any other.

TRANSMISSION OF THIS AGREEMENT

The transmission of this agreement through Yahoo Messenger, MSN Messenger or any similar
programs, telefax or e-mail shall be legal and binding.

AGREED AND ATTESTED


Each representative signing below guarantees that he/she is duly empowered by his/her
respectively named company to enter into and be bound by the commitments and obligations
contained herein either as individual, corporate body or on behalf of a corporate body.

1st PARTY: BUYER:

# Electronic signature is valid and accepted as hand signature #

Signatory’s Full Name:


Company Name:

Designation

Company Address:

Phone:
Mobile:
E-Mail:

5/13
NON CIRCUMVENTION AND NON DISCLOSURE WORKING
AGREEMENT For General and various commodities
Web :
Yahoo
Skype
Passport Number :
Signature.-

Company Seal:

Signed Date:

rd
2 PARTY: BUYERS MANDATE:

# Electronic signature is valid and accepted as hand signature #

Signatory’s Full Name:


Company Name:

Designation

Company Address:

Phone:
Mobile:
E-Mail:

MSN
Yahoo
Skype
Passport Number :

6/13
NON CIRCUMVENTION AND NON DISCLOSURE WORKING
AGREEMENT For General and various commodities
Signature.-

Signed Date:

THIS SPACE IS PURPOSELY LEFT BLANK

th
3 PARTY:

# Electronic signature is valid and accepted as hand signature #

Signatory’s Full Name: Eric Nagtegaal


Company Name: Global Solid Business LTD.

Designation MD

Company Address: 22/137 T.Parbong A.Saraphee


50140 Chiang Mai
Thailand
Phone: +66 53021106
Fax:
Mobile: +66861944851
E-Mail: info@globalsolidbusiness.com

7/13
NON CIRCUMVENTION AND NON DISCLOSURE WORKING
AGREEMENT For General and various commodities
MSN
Yahoo
Skype Eln6653
Passport Number : NR5D1C9P1
Signature.-

Company Seal:

Signed Date: 10 October 2009

4th PARTY:

# Electronic signature is valid and accepted as hand signature #

Signatory’s Full Name:


Company Name:

8/13
NON CIRCUMVENTION AND NON DISCLOSURE WORKING
AGREEMENT For General and various commodities
Designation

Company Address:

Phone:
Fax:
Mobile:
E-Mail:
MSN
Yahoo
Skype
Passport Number :
Signature.-

Company Seal:

Signed Date:

5th PARTY:

# Electronic signature is valid and accepted as hand signature #

9/13
NON CIRCUMVENTION AND NON DISCLOSURE WORKING
AGREEMENT For General and various commodities
Signatory’s Full Name:
Company Name:

Designation

Company Address:

Phone:
Fax:
Mobile:
E-Mail:
MSN
Yahoo
Skype
Passport Number :
Signature.-

Company Seal:

Signed Date:

6th PARTY:

10/13
NON CIRCUMVENTION AND NON DISCLOSURE WORKING
AGREEMENT For General and various commodities
# Electronic signature is valid and accepted as hand signature #

Signatory’s Full Name:


Company Name:

Designation

Company Address:

Phone:
Fax:
Mobile:
E-Mail:
MSN
Yahoo
Skype
Passport Number :
Signature.-

Company Seal:

Signed Date:

7th PARTY:
11/13
NON CIRCUMVENTION AND NON DISCLOSURE WORKING
AGREEMENT For General and various commodities
# Electronic signature is valid and accepted as hand signature #

Signatory’s Full Name:


Company Name:

Designation

Company Address:

Phone:
Fax:
Mobile:
E-Mail:
MSN
Yahoo
Skype
Passport Number :
Signature.-

Company Seal:

Signed Date:

12/13

You might also like