Sale Commission Agreement

AGREEMENT BETWEEN MANUFACTURER AND
COMMISSION AGENT
AN AGREEMENT made of this………………day
of……………..BETWEEN ABC & Co. Ltd. having registered office
at……………….and manufacturer of……..(hereinafter called the ‘manufacturer’)
of the one part and OP son of LN resident of………..(hereinafter called the
“agent” ) of the other part.
WHEREAS
1. The manufacturer is desirous of appointing a commission agent for the
sale of……………………….manufactured by it.
2. The agent has approached the manufacturer for his appointment as such
agent and has consented to act as such agent.
NOW THIS AGREEMENT WITNESSES as follows :
1. That the manufacturer hereby appoints the agent to be its commission
agent for the sale of………………….manufactured by the former in the area
comprised by the districts of……………..and ……………in the State of
…………….and the agent hereby agrees to act as such sole selling agent in the
said area of…………..on the terms mentioned herein.

2. That the agent shall canvas for, secure orders and push the sale of
…………to the best of his ability and experience within the said area and
hereafter guarantee to secure directly or indirectly orders for the sale of
………..to the extent of the value of Rs…………….at least in the year
commencing from the date of this agreement.
3. That the agent shall employ sub-agents, servants, canvassers, clerks and
other employees at his own expense and cost in the business or the commission
agency. The manufacturer shall, however advertise at its own cost in the said
territory and at its discretion, whether in newspapers, magazines, cinema
slides, or by any other means and shall indicate where feasible the name of
the agent as its sole selling agent in the territory indicate above.
4. That the agent shall furnish to the manufacturer weekly return of the
business secured and the work done, the persons approached and convassed
during the previous week and shall forward to the manufacturer not later than
two days from the receipt of any orders for the supply of ……………as well as all
enquiries received in respect of the said ………………… The agent shall deposit
in the manufacturer all moneys received in advance from the customers, and
submit an account thereof every Friday to the manufacturer.

5. That no representation shall be made on behalf of the manufacturer
except as in conformity with the instructions issued from time to time by the
manufacturer. All business done or procured by the agent shall be in accordance
with the terms mentioned in the Schedule attached herehto, subject to
modification thereof as per circulars or directions issued by the manufacturer
from time to time.
6. That no order for the supply by the manufacturer shall be secured or
undertaken which shall exceed the value of Rs……………….. unless prior
consent thereof has been obtained in writing from the manufacturer.
7. That this agreement shall be in force for a period of one year from the
commencement thereof, during which period, the agent shall, not canvass for or
act as selling agent for goods of the same kind for any other manufacturer.
8. That the agent shall be paid by the manufacturer a commission of
……………….per cent . on all orders and repeat orders received directly or
indirectly from the said territory, which shall have been executed or complied with
by the manufacturer, such execution or compliance being in the absolute
discretion of the manufacturer. The said commission will be payable at the end of
every month and shall be payable even in respect of orders received of supply of
the said ……………….. made by manufacturer out of their own accord to any
constituent within the said territory, for valuable consideration.

9. That at the termination of the agreement whether by efflux of time or
otherwise. The manufacturer shall not be liable to pay any commission on orders
received thereafter.
10. That the agency may be determined by the manufacturer at any time
during the said period of one year, after giving fourteen days’ notice thereof, in
case the agent should omit to comply with the obligations imposed upon him
under this agreement or in case, in the opinion of the manufacturer, the agent is
guilty of misrepresentation as to the quality or characteristics of the
said………………..or the canvassing or securing orders in the said territory does
not substantially exceed the minimum guaranteed by the agent or for any other
just cause construed in the business point of view. The agent may terminate
this agreement at any time during the said period of one year, after giving one
month’s notice thereof in case the manufacturer should repeatedly fail to
comply with or execute the orders by the agent any duly communicated to or
accepted by the manufacturer pursuant to this agreement or in case the
goods…………..supplied are substantially inferior to the description thereof, or
in case the manufacturer should without just case, or cause, withhold the
payment of the commission due to the agent under the agreement for a period
exceeding tow months.

11. That the agent shall be personally liable for the payment of the price of
the goods supplied through him or pursuant to the orders secured by him, if the
constituent to whom the goods were so supplied by the manufacturer refused
within three months of the receipt thereof to pay for the same or refuses to
accept the same when forwarded to such constituent. This liability of the agent
shall be akin to that surety.
12. That the agent shall furnish a cash security of Rs…………….to the
manufacturer for a period of one year sufficient (irrespective of previous
determination of the agreement for any cause whatsoever) to ensure against
due compliance by the agent of the terms hereof and such security shall carry
interest at the rate of 3 per cent annum. Such security shall be repayable with
interest to the agent within one month of the expiry of the period fixed in the
agreement after adjustment of accounts between the parties. In case there
should arise any dispute with respect to any matter regarding which any
deduction is sought to be made by the manufacturer, the said dispute shall be
referred to the arbitration of the President of the District Bar Association
at………….who shall either act as arbitrator himself or appoint any other
member of the Bar (paying income-tax) as arbitrator.
IN WITNESS WHEREOF, the parties hereto have signed this agreement
on the day and year first written above.
………………….……….. ………………
(Agent)
(Manufacutrer)

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AGREEMENT BETWEEN MANUFACTURER AND

AN AGREEMENT made of this………………day

of……………..BETWEEN ABC & Co. Ltd. having registered office

at……………….and manufacturer of……..(hereinafter called the ‘manufacturer’)

of the one part and OP son of LN resident of………..(hereinafter called the

“agent” ) of the other part.

1. The manufacturer is desirous of appointing a commission agent for the

sale of……………………….manufactured by it.

agent and has consented to act as such agent.

NOW THIS AGREEMENT WITNESSES as follows :

1. That the manufacturer hereby appoints the agent to be its commission

agent for the sale of………………….manufactured by the former in the area

comprised by the districts of……………..and ……………in the State of

said area of…………..on the terms mentioned herein.

hereafter guarantee to secure directly or indirectly orders for the sale of

………..to the extent of the value of Rs…………….at least in the year

commencing from the date of this agreement.

territory and at its discretion, whether in newspapers, magazines, cinema

submit an account thereof every Friday to the manufacturer.

manufacturer. All business done or procured by the agent shall be in accordance

with the terms mentioned in the Schedule attached herehto, subject to

modification thereof as per circulars or directions issued by the manufacturer

from time to time.

6. That no order for the supply by the manufacturer shall be secured or

undertaken which shall exceed the value of Rs……………….. unless prior

consent thereof has been obtained in writing from the manufacturer.

8. That the agent shall be paid by the manufacturer a commission of

……………….per cent . on all orders and repeat orders received directly or

by the manufacturer, such execution or compliance being in the absolute

constituent within the said territory, for valuable consideration.

guilty of misrepresentation as to the quality or characteristics of the

said………………..or the canvassing or securing orders in the said territory does

month’s notice thereof in case the manufacturer should repeatedly fail to

accepted by the manufacturer pursuant to this agreement or in case the

goods…………..supplied are substantially inferior to the description thereof, or

exceeding tow months.

constituent to whom the goods were so supplied by the manufacturer refused

shall be akin to that surety.

manufacturer for a period of one year sufficient (irrespective of previous

determination of the agreement for any cause whatsoever) to ensure against

agreement after adjustment of accounts between the parties. In case there

deduction is sought to be made by the manufacturer, the said dispute shall be

referred to the arbitration of the President of the District Bar Association

at………….who shall either act as arbitrator himself or appoint any other

member of the Bar (paying income-tax) as arbitrator.

IN WITNESS WHEREOF, the parties hereto have signed this agreement

on the day and year first written above.

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