Dealers, distributors, resellers, web resellers and manufacturer representatives are required!
If you are interested in presenting the line of quality DDD CORP TECHNOLOGY products, just send to our e-mail email@example.com the PDF file of the cooperation agreement (adapted to the local legislation of your country, state, and administrative unit) prepared by your lawyer under the following conditions and leave a short information about your company (address, website, work experience, and contacts) in a convenient form and presentation, and we will certainly contact you.
The list of rights and obligations of the parties OBLIGATORY to draft an agreement: full name of the company, full name of the manager, document confirming the credentials.
- SUBJECT OF THE AGREEMENT
1.1. The Manufacturer shall entrust, and the Dealer shall accept the order for distribution and sale of the Products manufactured by the Manufacturer and providing post-sale support. Completeness, accompanying documentation, as well as the delivery form and other requirements for the Products are listed in the “Product Specification” Annex to this Agreement.
- DEALER'S OBLIGATIONS
2.1. To ensure that the Products are advertised in accordance with the submitted samples and materials. The Dealer has the right to promote, support and sell a part of the Manufacturer's Products by selecting one (or more) Product/Goods (form factor).
2.2 At its own expense and at its own prices, carry out survey, design and installation works, including warranty, post-warranty service and repair of the Product sold. The same shall apply to the services of the Rental Dealer (rental, hire) of units of the Goods purchased under the Application or provided for demonstration.
2.3. To sell the Goods at prices not exceeding 20% of those established in this Agreement.
2.4. To register all Buyers of the Goods purchasing them from the Dealer and hand over lists of registered buyers to the Manufacturer every 2 months to the extent agreed upon by the parties.
2.5. To respect the copyrights to the Goods owned by the Manufacturer, to take all appropriate measures to prevent their infringement through the fault of the Dealer.
2.6. To inform the Buyers about the copyright for the purchased Goods and about the illegality of illegal use and its consequences.
2.7. To provide for registered Buyers the service of the Goods, including warranty and post-warranty service, including the so-called hotline. The amount of price for post-warranty service and repairs shall be set by the Dealer himself.
2.8. To appoint a person in charge, with whom the Dealer decides all issues related to the performance of works under this Agreement, represented by _______________________________.
2.9. To respect and protect the legitimate rights of the Manufacturer arising under this Agreement, in particular, to keep trade secrets, which may become known to the Dealer in connection with the implementation of this Agreement.
Trade secrets include any information that:
1) When communicating, it was clearly described as representing trade secrets of the Manufacturer;
2) Is not publicly available;
3) Is of commercial interest or gives a competitive advantage.
- MANUFACTURER'S OBLIGATIONS
3.1. To provide the Dealer with a batch of Goods in the required quantity, in complete form and within the period of time agreed with the Dealer and specified in his Application.
3.2. To notify the Dealer of changes in the composition of the Goods or their prices within days from the date of the relevant decision.
3.3. To provide the Dealer with advertising information on The Goods, the Manufacturer, and advise on the forms of sales policy organisation for these Goods.
3.4. To provide the Dealer with a list of answers to standard questions for the organisation of work via a hotline.
3.5. To train (if necessary) one representative of the Dealer for each _______________ copy of the Goods purchased by the Dealer to work within the hotline, at the expense of the Manufacturer. Training of a greater number of Dealer representatives is at the Dealer's expense.
3.6. To supply, at the expense of the Manufacturer, one complete unit of the Goods to form the Dealer's guarantee (exchange) fund for each _______________ copy of the Goods purchased by the Dealer. To perform works on repair, maintenance and modernisation of equipment by the Dealer, the Manufacturer shall sell components at a _____% discount, irrespective of the quantity of spare parts purchased.
3.7. To appoint a person in charge, with whom the Dealer decides all issues related to the performance of works under this Agreement, represented by ________________________________.
3.8. The Manufacturer provides the Dealer with one free copy of the Goods for demonstration (and training) purposes. In case of a one-time purchase of a batch of at least 100 copies, the Dealer may purchase one additional copy of the Goods for these purposes at a 75% discount from the price of the Goods set forth in this Agreement.
- VALUE OF GOODS AND SETTLEMENT PROCEDURE
4.1 The Manufacturer shall set a price for the end buyer, the value of which is given in the Annex. The Dealer shall be entitled to sell the Goods at any price, but not exceeding 20% of the price specified in the Annex for the end user. In special cases, with the written approval of the Manufacturer, the Dealer may set higher mark-up prices for the Goods for individual buyers, if this is related to the need to increase costs for sales or after-sales service of the Goods.
4.2 The Dealer shall buy back the Goods from the Manufacturer in batches of at least _____ copies.
4.3. The Dealer buys batches of the Goods from the Manufacturer at a dealer’s discount, the amount of which depends on the size of the purchased batch of Goods as specified in the “Dealer’s Discounts” Annex to the Agreement.
4.4 Receiving a batch of the Goods shall be carried out at the Manufacturer's warehouse and shall be documented by an acceptance certificate for the finished Goods.
4.5 Payment for the received batch of Goods by the Dealer shall be made in full at one time, by means of full prepayment for the Goods of the Manufacturer.
- DELIVERY AND ACCEPTANCE PROCEDURE
5.1. The Manufacturer shall deliver the Goods to the Dealer in accordance with the Order in writing.
5.2. The transfer is carried out at a warehouse at ____________________________.
5.3. The transfer shall be effected by an acceptance certificate in accordance with the form specified in the Annex.
5.4 The Goods are delivered to the Dealer in the form of fully finished copies, and the Dealer shall check whether the Goods comply with the specification provided in the Annex and the completeness specified in the Order.
5.5. If there are no comments to the lot of the Goods from its representative, the Dealer shall sign the acceptance certificate.
5.6 If there are any claims to the lot of Goods, the Dealer's representative shall draw up a list of claims and hand it over to the Manufacturer's representative responsible for dealing with the Dealer.
5.7. If the Dealer's claims are accepted, the Manufacturer shall be obliged to remove the marked obstacles within 7 (seven) working days and submit the batch of the Goods to the Dealer for re-acceptance.
5.8 In the event of disagreement with the Dealer's claims, the Manufacturer shall be obliged to submit a motivated refusal in writing to the Dealer within 3 (three) working days.
- LIABILITY OF THE PARTIES
6.1. Issues related to the quality of the Goods, other than compliance with the set of equipment specified in the Annex, are not subject to discussion when accepting the Goods.
6.2 The Manufacturer shall not be liable for any problems or losses which the Dealer or end users may suffer as a result of using the Goods.
6.3. The Manufacturer shall not be liable for the Dealer's obligations towards third parties.
6.4 In case of delay in delivery of a batch of Goods, the Manufacturer shall pay the Dealer a fine in the amount of 0.1% of the amount of the batch of Goods for each day of delay starting from the day of expiry of the term agreed in the Order. Information on penalties shall be included in the delivery and acceptance certificate and the Dealer's payment for the batch of Goods shall be reduced by the corresponding amount. The time for dealing with mutual claims upon acceptance of the Goods shall not be taken into account when calculating the penalty.
6.5. In the event that the Dealer violates the copyrights of the Goods in the form of misuse of the trademark, discrediting the trademark, the Dealer shall:
1) Pay a fine in the amount of ______________________;
2) Pay compensation for finding evidence of violation, court costs, etc. in the amount not less than double the fine specified above.
If the illegal use took place without the knowledge of the Dealer's administration, but was caused by the Dealer's disregard for the relevant rights, the Dealer shall be liable in accordance with this paragraph.
- GROUNDS FOR EARLY TERMINATION
7.1. The Manufacturer may terminate this Agreement in the following cases:
1) If the Dealer violates the Manufacturer's copyrights;
2) In case of long-term violation of requirements for servicing the Goods;
3) If the Dealer violates the trade secrets of the Manufacturer;
4) When deciding to cease production of the Goods.
7.2. The Dealer may terminate the Agreement in the following cases:
1) If the Seller violates the terms and conditions of delivery of the Goods;
2) If the Seller fails to comply with the terms and conditions of this Agreement with regard to the provision of necessary information and training of the Dealer's representatives.
- DURATION OF THE AGREEMENT
8.1 This Agreement shall remain in force from _________________ 202_ year to _____________ 202_ year.
- ADDITIONAL TERMS
9.1 In the event of disputes and disagreements, the parties shall make every effort to resolve them through negotiations. If it is impossible to resolve disputes through negotiations, the parties shall apply to an arbitrator, whose candidacy shall be accepted by both parties, or, if it is impossible to find such a candidacy, the parties shall apply to the State Arbitration Court.
9.2 The following Annexes are an integral part of this Agreement:
Annex 1. Order for supply of Goods (sample).
Annex 2. Product Specification.
Annex 3. Goods price list for the end buyer.
Annex 4: Dealer discounts on the price of the Goods depending on the volume of the ordered batch.
Annex 5. Acceptance certificate for the batch of Goods (sample).
9.3. If the legal address or bank accounts change, the parties shall notify each other within days.
- DETAILS AND SIGNATURES OF THE PARTIES