Exclusive agency contract
This contract made entered into his date () hereinafter referred as (effective date)
By both parties:
Party A: MIANYANG XIANFENG MEDICAL INSTRUMENT COMPANY
Located at : D#6F, Building2 .No.677 Tangfang Avenue, Tangxun Town, Mianyang Sichuan , China
PHONE/FAX: -0816-*******
Hereinafter referred to as (manufacturer)
Party B: SONOTECH
Address: 938-C, Maulana Shaukat Ali Road, Opp Shall Petrol Pump, Faisal Town, Lahore- Pakistan
Tel: 0092- 42 516 7472
Hereinafter referred to as ( Sole agent )
Recital
Whereas (manufacturer) is professional manufacturer of medical devi and (agent) is medical devi provider for customers in the Egyptian market both parties agree upon the
Following articles:
Article (1) Appointment
(Manufacturer) would like to appoint (agent) as exclusive agent for all type of Diagnostics Ultrasound machine which manufactured and asmbled by experience of (manufacturer) in Egypt giving the rights to import ,ll, market and maintain .
hereinafter to as ( manufacturer) and (agent) accept and so (manufacturer) will support the (agent) with all documents, certificate and embassy notarization , if needed to enable
the ( agent) to achieve all approvals from the Egyptian authority to maintain (products) in the Egyptian market .
Article (2 ) term
This contract start from the effective date and continue for 3 years ( three years ) and automatically renewed annually unless any notice written from any partner .
Article (3) products and models
Models of ( products ) will be exported to Egypt by this contract:
All Products for diagnostics ultrasound machines
Article (5) products standard and quality
a-(manufacturer) declare and confirm that all machines nt to the ( agent) will be manufactured according to European Union standards (CE standard ).
b-(manufacturer) declares and confirms that it will nd all goods carry all data and logo of (manufacturer) as manufacturer and data of (agent) as importer and statement ( Made in China) according to the Egyptian law.
Article (4) commission, currency and payment
a-currency of dealing and commission is US Dollars.
B-(agent) will pay to bank account of (manufacturer) mentioned in Performa invoice.
c-(agent) will achieve commission 1% for the annual sales target.
Article (5) shipment and delivery time.
a-(manufacturer) will nd the goods within (15) days from receiving the payment nt by (agent).
b-(agent) shall assign the destination, method, and the forwarder of the shipment to the (manufacturer), or entrust (manufacturer) with looking for the forwarder by written from or fax.
Article (6) sales target
a-(agent) must purcha annual sales target which is confirmed between 2 partners per year.
b-if (agent) failed to achieve the annual sales target, (manufacturer) will have the right to break the exclusivity right of (agent) and terminate the contract.
Article (7) Warranty, and after sale rvice
A-Warranty is 2 years; include spare parts and everything in the machines.
b-(manufacturer) declares and confirms that it will support the (agent) with technical supp
ort and original spare parts and free training to technicians and engineering of the (agent).
c-(agent) declares and confirms that it will introduce excellent maintenance and after sale rvice for the customers in Egypt and make excellent image for (products) of (manufacturer) in Egypt.
d-During warranty, (manufacturer)declares and confirms that it will ship the replacement original spare parts free to replace broken and faulty parts within (3) working days after nding email, faxes, or letter notifying that the issue or problem is confirmed by checking & analyzing and receiving the returned parts if necessary.
e-after warranty (manufacturer ) will nd the spare part within 3 working days after (agent) pays the invoice of repairing and replacement.
F-(manufacturer ) declare and confirm that it will support the (agent) with technical and original spare parts 5 years from the effective date even termination of the contract occurs due to any cau.
Article (8) prices
a-both parties agree upon with the prices which is discusd between them .
Article (9) Competition
a-(manufacturer) declares and confirm that the exclusivity rights of (agent) will cover all products and (agent) accept.
(manufacturer) declare and confirm that it will never nd (products, accessory and spare parts mentioned in article (4) to any other company , office, doctors, hospitals or any organization in Egypt protecting the exclusivity rights of (agent) and protecting the Egyptian market from invasion of (products) and accessory and spare parts with the same brands, or other brands or with no brands and (manufacturer) will not support export offices inside China or outside China with documents or notarization of documents by Egyptian embassy and CCPIT which help them to export to Egypt.