SALES REPRESENTATIVE AGREEMENT
This Sale Representative Agreement (“Agreement”) is made on [Date] by and between:
[Name of the Company], having is registered office at [Address], hereinafter referred as the Company;
AND
[Name of the Sales Representative], having his permanent address at [Address], hereinafter referred as the Sales representative.
WHEREAS this Agreement is made to appoint the Sub-Contractor as the independent Sales Representative for the Company in the state of [State], Australia (Territory).
1. TERRITORY: The Sales Representative's territory will consist of [State] (“Territory”). It is understood that the Company shall have the right to select and appoint Distributors in Sales Representative's territory.
2. DUTIES OF SALES REPRESENTATIVE: The Sales Representative shall use his best efforts to solicit orders for the sale of the Company’s products by presenting Company's products in a clear, understandable and professional manner. In this regard, Sales Representative will present Company’s products and accessories to federal, state and local law enforcement personnel, wholesalers, retailers, and consumers within the Sales Representative's territory.
3. SOLICITATION AND / OR PURCHASE ORDERS: The Sales Representatives' solicitations and/or purchase orders will be conducted in accordance with such procedures, prices, and terms and conditions as Company may specify from time to time. All purchase orders or sales orders are subject to Company's approval.
4. NO AGENCY: Sales Representative is an independent contractor and under no circumstances will Sales Representative commit Company to the delivery of Company’s products and accessories purport to legally bind the Company in any matter, or hold himself out as an employee or agent with legal authority to bind the Company.
5. RULES OF CONDUCT: In the course of representing Company, the Sales Representative shall adhere to the following rules of conduct, which include, but are not limited to:
(a) Sales representative shall not disparage, denigrate, “run down” or make any negative comments regarding another manufacturer or competitors' product.
(b) Sales Representative shall not solicit or sell Company’s products, or enter into a type of arrangement, wherein the sale of Company’s products is made conditional in any way on a user's purchase of another company's products.
7. COMMISSIONS: Subject to the terms and conditions of this Sales Representative Agreement, the Sales Representative shall receive a commission on net sales (excluding freight charges, distributor overages, trade-ins or upgrades, and/or applicable taxes and discounts taken by the customer) to approved customers in accordance with the following schedule:
(a) [Percentage in words] (__%) of the total net sales shall be paid to the Sales Representative within [number of days] (---) days of payment by the customer to the Company, for orders shipped into a Sales Representative's territory.
12. GOVERNING LAW: This Sales Representative Agreement shall be deemed to have been made in the state of [State], Australia and shall be governed and construed in accordance with the laws of the State [name], Australia.
13. TERMS: This Sales Representative Agreement shall continue in force for one year, renewable for additional one-year term by mutual agreement.
14. DISPUTES: Any claim, matter or controversy arising out of or relating to this Sales Representative Agreement, or the breach thereof, shall be decided by arbitration in accordance with the Institute of Arbitration of Mediator Australia (IAMA).
The Company Sales Representative
By: _________________________ By: ___________________________
Title: ______________________ Title: ________________________
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