DRAFT FOR DISCUSSION

DRAFTED BY
SRIDHARA BABU N
LEGAL DOCUMENTATIONS
9880339764

Agreement for Marketing Software & Hardware

AN AGREEMENT made this ..........................day of.......................... 200.. BETWEEN M/S

……………………………………………………………………………………………………………
… a company registered under companies act 1956, having its registered office at
………………………..
……………………………………………………………………………………. Duly represented
by its GPA holder Mr …………………………………. S/O
…………………………………………………. Aged …… years resident of
…………………………………………………………………………….., Herein afterwards
called as the company, unless repugnant to the context herein the word shall mean
and include its successors in office, administrators, executors of the one part and Mr
…………………………………. S/O …………………………………………………. Aged ……
years resident of ……………………………………………………………………………..,
Herein afterwards called as the agent, unless repugnant to the context herein the word
shall mean and include his heirs for any dues and liability as an agent of the other part

WHEREBY IT IS MUTUALLY AGREED as follows:

The Company appoints the Agent as its agent in........... for the sale of Software &
Hardware of Computers and other electronic office equipments and merchandise as may
be decided upon and directed by the Company for............ years commencing
from...........

The Agent shall during the said term of.................. years, determinate as hereinafter
mentioned, faithfully and diligently serve the Company as its agent and endeavour to
extend the sale -of the Company's said goods, produce and merchandise in the said
territory.

The Agent shall provide for himself a suitable office at............. or elsewhere as may be
directed by the Company for the purpose of carrying on the agency hereby created.

The Agent shall maintain a well-furnished showroom wherein the products of the
Company shall be displayed and shall exhibit at a conspicuous part of such office and
showroom as aforesaid an inscription notifying to the public that he is acting as the
agent of the Company and shall also exhibit a like inscription on all invoices, bills,
memos, letter, papers and labels used in connection with the said Agency.
The Company shall from time to time furnish the Agent with a statement of the
minimum prices at which the said goods, produce and merchandise are respectively to
be sold and the Agent shall not sell the same below such minimum prices but shall
endeavor to obtain the best price respectively procurable.

During the subsistence of the agency hereby created the Agent shall devote his whole
time and attention to the sale of the Company's said goods produce and merchandise
and shall not sell goods, produce or merchandise or the same or similar class or any
other wares whatsoever as shall or may compete or interfere with the sale of the
Company's said goods, produce or merchandise either on his own account or on behalf
of any other person, firm or company and shall not do or suffer to be done any act
whatsoever as may prevent such sale or otherwise interfere with the development of
the Company's trade or business in those commodities in the said country,

Upon receipt of an order for any such goods, produce or merchandise as aforesaid the
Agent shall immediately transmit the same to the Company and the Company on being
satisfied that the terms and conditions on the part of the Agent to be observed and
performed hereunder have been duly fulfilled shall execute the said order by supplying
the said goods, produce or merchandise direct to the purchaser.

Upon the execution of such order as aforesaid the Company shall forward to the Agent a
duplicate copy of the invoice sent with the goods to the purchaser thereof and shall
from time to time inform the Agent when payment is made by any purchaser to the
Company.

The Agent shall duly keep an account of all his dealings as such agent and shall within a
week after every six calendar months send a copy of such account to the Company and
on the same being found correct the Company shall pay to the Agent the commission
next hereinafter mentioned.

The Company shall allow the Agent by way of commission ............ percent of the
invoiced price of all goods, produce and merchandise ordered through the Agent and
duly paid for by the respective purchasers thereof.

The Company shall during the subsistence of the agency hereby created pay to the
Agent by way of additional remuneration a sum of Rs. .......... per month. Such monthly
remuneration shall be remitted to the Agent within ……. week of every month. In like
manner the Company shall also pay to the Agent the cost of all …………… sent to it by
the Agent in connection with the sale of the Company's said goods, produce and
merchandise.
The Company may by notice to the Agent terminate this agreement and thereupon the
agency hereby created shall cease except so far as concerns the rights of either party in
connection with any act, deed or thing done, omitted or suffered by either party prior to
such determination.

The agency hereby created shall be terminated by the death of the Agent or by his
becoming incapable of doing business for a period of ............ months or by his
becoming a bankrupt or by his effecting a composition with his creditors and shall, save
so far as concerns the rights and remedies of the Company, ipso facto determine on the
Agent committing any act of fraud on the Company.

The Agent shall duly maintain and preserve or cause to be maintained and preserved all
usual and proper books of account and all other papers and documents relating to the
agency hereby created and shall permit the Company and all persons authorized by it
from time to time to examine the same or to take or cause to be taken copies of or
extracts from such books, papers and documents and/or to remove or take away the
same. The said books, papers and documents shall be the property of the Company and
delivered to it or its authorized representative on determination howsoever of the
agency hereby created un-defaced and un-mutilated.

The Agent shall in all cases make necessary enquiries into the financial position and
commercial status of all persons, firms and companies with whom he may deal on
behalf of the Company and shall give to the Company all information’s it may desire of
such persons, firms and companies.

The Agent shall send to the Company a weekly report, of all business done by him on its
behalf and of his efforts to extend its business and shall give to the Company all other
information’s which it may desire to have and shall also send to the Company such
cables from time to time as may be necessary in connection with the said business.

All questions or differences whatsoever which may hereafter arise between the parties
hereto touching these presents or the subject-matter thereof or arising out of or in
relation thereto shall be referred to arbitration which shall be held at …………………

COMPANY
 LTM FOR SIGNATURE
GPA IDENTIFICATION

HOLDERS
Photo
WITH
COMPANY
SEAL
Name:…………………………………….

AGENT

Photo
LTM FOR SIGNATURE
IDENTIFICATION

Name:…………………………………….

Witnesses

1. Name……………………………..

S/O……………………………….
 Adress……………………………
……………………………………
…………………………………….
……………………………………. SIGNATURE
2. 2 Name……………………………..

S/O……………………………….
Adress……………………………
……………………………………
…………………………………….
……………………………………. SIGNATURE