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Manufacturer Representative Agreement

This template is a contract between a manufacturer and a sales representative, outlining the terms and conditions under which the representative will sell the manufacturer's products. It is used when establishing a new independent sales representation agreement.

Updated 15d ago
manufacturerrepresentativeagreementsalescontractcommissionsouthern africa

{{company_name}}

{{company_address}}

Phone: {{phone}} | Email: {{email}} | Web: {{website}}

Manufacturer Representative Agreement

Manufacturer Representative Agreement

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

MANUFACTURER REPRESENTATIVE AGREEMENT

This Manufacturer Representative Agreement ('Agreement') is made and entered into as of this {{day}} day of {{month}}, {{year}} ('Effective Date'), by and between:

{{manufacturer_company_name}}, a company duly incorporated under the laws of {{manufacturer_jurisdiction}}, with its principal place of business at {{manufacturer_address}} ('Manufacturer'); AND

{{representative_company_name}}, a company duly incorporated under the laws of {{representative_jurisdiction}}, with its principal place of business at {{representative_address}} ('Representative').

Each a 'Party' and collectively the 'Parties'.

RECITALS

WHEREAS, Manufacturer is in the business of manufacturing and selling {{products_description}} (the 'Products');

WHEREAS, Representative is engaged in the business of marketing and selling products and has expertise in the {{industry_sector}} sector;

WHEREAS, Manufacturer desires to appoint Representative as its independent sales representative for the Products in the Territory, and Representative desires to accept such appointment, all upon the terms and conditions hereinafter set forth.

APPOINTMENT AND TERRITORY

2.1. Manufacturer hereby appoints Representative as its non-exclusive/exclusive sales representative for the Products within the geographical area defined as {{territory_description}} (the 'Territory').

2.2. Representative accepts this appointment and agrees to use its best efforts to promote the sale of the Products within the Territory.

REPRESENTATIVE'S DUTIES AND RESPONSIBILITIES

3.1. Representative shall solicit orders for the Products from prospective customers within the Territory.

3.2. Representative shall maintain adequate sales facilities and personnel to effectively promote the Products.

3.3. Representative shall not make any representations, warranties, or guarantees concerning the Products other than those authorized by Manufacturer.

3.4. Representative shall keep Manufacturer informed of market conditions, competitive activities, and customer feedback within the Territory.

MANUFACTURER'S DUTIES AND RESPONSIBILITIES

4.1. Manufacturer shall provide Representative with samples, sales literature, and technical information reasonably necessary to enable Representative to perform its duties.

4.2. Manufacturer shall promptly process all orders generated by Representative and ship Products directly to customers.

4.3. Manufacturer shall pay Representative commissions as set forth in Section 5.

COMMISSION AND PAYMENT TERMS

5.1. Manufacturer shall pay Representative a commission of {{commission_percentage}}% on the net sales price of all Products sold by Representative within the Territory.

5.2. Commissions shall be calculated based on invoices paid by customers and shall be paid to Representative on a {{payment_frequency}} basis, within {{days_to_pay}} days after the end of each {{payment_period_unit}}.

5.3. All payments shall be made in {{currency}}.

TERM AND TERMINATION

6.1. This Agreement shall commence on the Effective Date and shall continue for an initial term of {{initial_term_years}} year(s), unless terminated earlier in accordance with the provisions of this Agreement.

6.2. Either Party may terminate this Agreement by providing {{notice_period_days}} days' written notice to the other Party.

6.3. Manufacturer may terminate this Agreement immediately upon written notice if Representative breaches any material term of this Agreement.

CONFIDENTIALITY

7.1. During the term of this Agreement and for a period of {{confidentiality_years}} years thereafter, Representative shall not disclose to any third party any confidential or proprietary information of Manufacturer, including but not limited to product designs, pricing, customer lists, and marketing strategies.

7.2. Representative acknowledges that unauthorized disclosure of confidential information would cause irreparable harm to Manufacturer.

INDEMNIFICATION

8.1. Each Party agrees to indemnify and hold harmless the other Party from and against any and all claims, damages, liabilities, costs, and expenses arising out of any breach of its representations, warranties, or covenants contained in this Agreement.

GOVERNING LAW

9.1. This Agreement shall be governed by and construed in accordance with the laws of {{governing_law_country}}, without regard to its conflict of laws principles.

ENTIRE AGREEMENT

10.1. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

MANUFACTURER:

_____________________________

By: {{manufacturer_authorized_signatory_name}}

Title: {{manufacturer_authorized_signatory_title}}

REPRESENTATIVE:

_____________________________

By: {{representative_authorized_signatory_name}}

Title: {{representative_authorized_signatory_title}}

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