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Manufacturer Representative Agreement

This Manufacturer Representative Agreement template is for a company appointing a non-exclusive representative to solicit orders for its products within a specified territory. It outlines the terms of the relationship, compensation, and responsibilities of both parties.

Updated 15d ago
manufacturerrepresentativeagreementsalescommissionnon-exclusiveSMEAfrica

{{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 {{date_of_agreement}} ("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/individual duly incorporated under the laws of {{representative_jurisdiction}}, with its principal place of business/residence at {{representative_address}} ("Representative").

Collectively referred to as the "Parties" and individually as a "Party".

1. Appointment

The Manufacturer hereby appoints the Representative as its non-exclusive representative to solicit orders for the Products (as defined below) from customers located within the Territory (as defined below), and the Representative accepts such appointment.

The Manufacturer reserves the right to appoint other representatives, distributors, or agents for the Products within the Territory, and to sell the Products directly to customers within the Territory without any obligation to the Representative.

2. Products and Territory

“Products” shall mean: {{description_of_products}}.

“Territory” shall mean: {{description_of_territory}}.

3. Representative's Responsibilities

The Representative shall use its best efforts to promote the sale of the Products and solicit orders from prospective customers within the Territory. The Representative shall:

a. Maintain a professional and reputable image that reflects positively on the Manufacturer and the Products.

b. Not make any representations, warranties, or guarantees concerning the Products other than those authorized by the Manufacturer.

c. Promptly forward all orders received to the Manufacturer for acceptance.

d. Keep the Manufacturer informed of market conditions, competition, and any customer feedback regarding the Products or the Manufacturer's services.

e. Not engage in any activities that are detrimental to the Manufacturer's interests.

4. Manufacturer's Responsibilities

The Manufacturer shall:

a. Supply the Representative with reasonable quantities of sales literature, technical information, and samples of the Products as deemed necessary.

b. Promptly process all orders submitted by the Representative and communicate acceptance or rejection of such orders.

c. Provide the Representative with product training and support as reasonably required.

d. Pay the Representative commissions as set forth in Section 5.

5. Commission

In consideration for the services rendered by the Representative, the Manufacturer shall pay the Representative a commission of {{commission_percentage}}% of the net selling price of all Products sold by the Manufacturer to customers within the Territory, where such sales are directly attributable to the efforts of the Representative.

“Net selling price” shall mean the invoiced price of the Products, less any discounts, returns, allowances, or value-added tax (VAT) or similar sales taxes.

Commissions shall be calculated and paid on a {{commission_payment_frequency}} basis, within {{days_for_payment}} days following the end of each {{commission_payment_frequency}}.

Commissions will be paid in {{currency}} to the Representative's designated bank account: {{representative_bank_account_details}}.

6. Term and Termination

This Agreement shall commence on the Effective Date and shall continue for an initial term of {{initial_term}} year(s), unless terminated earlier as provided herein.

Either Party may terminate this Agreement by providing {{notice_period}} days’ written notice to the other Party.

Either Party may terminate this Agreement immediately upon written notice if the other Party commits a material breach of this Agreement and fails to remedy such breach within {{cure_period}} days after receiving written notice thereof.

7. Independent Contractor

The Representative is an independent contractor and not an employee, partner, or joint venturer of the Manufacturer. The Representative shall have no authority to bind the Manufacturer to any obligation or contract.

8. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of {{governing_law_jurisdiction}}.

Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in {{arbitration_location}} in accordance with the rules of {{arbitration_institution}}.

9. Entire Agreement

This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the Parties.

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

MANUFACTURER:

___________________________

By: {{manufacturer_authorized_signature}}

Name: {{manufacturer_authorized_name}}

Title: {{manufacturer_authorized_title}}

Date: {{date_signed_manufacturer}}

REPRESENTATIVE:

___________________________

By: {{representative_authorized_signature}}

Name: {{representative_authorized_name}}

Title: {{representative_authorized_title}}

Date: {{date_signed_representative}}

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