Medical equipment agency agreement
Party A:
(hereinafter referred to as Party A)
Party B:
(hereinafter referred to as Party B)
According to the "People's Republic of China *** and the State of the Contract" and other relevant laws and regulations of the State, in the spirit of equality, the voluntary principle of reciprocity and mutual benefit. Through friendly consultation between A and B, Party B agrees to act as the agent of Party A, and to act as the agent of Party A's product related business. Specifically agreed as follows:
A, General
1, Party A is
products of the manufacturer, is authorized to authorize Party B for the production of the Party's products in
authorized distributors in the region, the period from the date of signing this agreement to the date of the month.
2, the contract period Party A shall not set up another distributor in Party B distribution area, and maximize the protection of Party B in the authorized area of the sale of Party A's products in the commercial activities (large-scale bidding will be coordinated by the Party to arrange the relevant bidding matters).
3, Party B's sales are limited to the area agreed in this agreement, other areas of Party A and Party B to discuss separately.
4, Party B must have legal personality, independent legal entity, with full capacity for civil behavior and legal business qualifications, able to independently bear civil liability, have a fixed place of business, have a certain amount of operating funds and sound marketing network and distribution channels, as well as the ability to expand market share.
5, before the booking of this agreement, Party B to provide Party A to fill out the complete "Dealer Application Form" and the required attachments.
6, Party B in the signing of this contract, as needed to Party A to submit and sign the regional sales expansion plan.
7, Party B in the signing of this contract shall provide the official seal of Party B stamped with a copy of the company's qualification documents handed over to Party A for the record, when changes occur, shall notify Party A in writing.
8, Party B shall actively develop distributors, Party B to ensure that the business behavior of each distributor in accordance with the law and the relevant provisions of this contract.
9. Party A entrusts Party B to act as an agent for Party A's products in the following matters:
(1) Acting as an agent for the sale of products and the installation and maintenance of the products;
(2) Acting as an agent for the collection of payment for the goods;
(3) Acting as an agent for the delivery to Party A's regular customers;
(4) Acting as an agent for the management of Party A's customers;
(5) Acting as an agent for the maintenance of Party A's market;
(6) Acting as an agent for the maintenance of Party A's market;
(7) Acting as an agent for the management of Party A's customers;
(8) Acting as an agent for the maintenance of Party A's market.
(6) Party A, depending on the state of business development in writing to authorize Party B to act as an agent of other businesses.
Two, assessment
1, distribution period:
Year month to year month.
2, Party B in the distribution period, enjoy the region's exclusive dealer qualification, Party A has the right to Party B's distribution and market conditions from time to time assessment.
Three, the rights, responsibilities and obligations of both parties 1, Party A's rights, responsibilities and obligations:
(1) Party A has the right to market supervision of Party B's region.
(2) Party A has the right to make appropriate decisions based on Party B's performance evaluation results, such as: incentives, cancel Party B's distribution qualifications.
(3) Party A is responsible for guiding Party B to sell products in the region of installation, operation training.
(4) Party A is obliged to guide the sales behavior of Party B to maximize the occupation of market share.
(5) Party A is obliged to assist Party B to do a good job in the local market publicity and bidding.
(6) When Party B defaults, Party A has the right to unilaterally terminate the contract and cancel the dealer qualification in Party B's region.
(7)
Party A has the right to adjust the distribution system, distribution prices and distribution discounts according to the market situation and the performance of the distributors, and will promptly notify Party B of the changed distribution system and distribution price information by e-mail, fax and other means.
(8) Party A shall ensure that the quality standard of the supplied products conforms to the national quality and certification standards.
2. The rights, responsibilities and obligations of Party B:
(1)
Party B shall have the right to engage in lawful business activities relating to the sale of the goods distributed under this contract in the name of Party A's special distributor in the area under its jurisdiction.
(2) Party B has the right to get the priority distribution right of Party A's new products during the distribution period.
(3) Party B shall not sell Party A's products while distributing and representing other manufacturers of similar products.
(4) Party B has the obligation to supervise the lower level distributors.
(5) Party B is obliged to fill in the market information feedback form for Party A's statistical analysis.
(6)
Party B is responsible for the development of the market and the development of customers, Party B in the distribution business to ensure that the customer to provide good service, in the sale of Party A's products to customers at the same time, shall not be fraudulent, coercion and other improper means of damage to the interests and reputation of customers and Party A, the obligation to maintain the brand of the Party A brand and the brand of the products distributed.
(7)
Party B in the sale of products, must fill out the "user return card" sent back to the Party. Party B is obliged to keep the file, which should include the customer's name, address, telephone number, date of sale, product name, model, product serial number, configuration and quantity.
(8)
Party B shall not undermine Party A's pricing policy in any way, and is responsible for the confidentiality of the contents of this sales agreement. In case of Party B's violation of this obligation, Party A has the right to unilaterally cancel the qualification of Party B's distributor, and at the same time, Party B shall bear the losses caused by Party A's violation of this obligation.
(9) Party B shall keep confidential the information that Party A expressly regards as confidential.
(10) Party B shall strictly follow the sales tasks agreed in the contract between the two parties to regularly purchase goods, otherwise Party A has the right to unilaterally cancel the qualification of its special dealer.
(11) Party B, without the authorization of Party A, beyond the scope of agency authorization and the scope of the agency area for the agency, Party A has the right to impose penalties on it, Party B as a result of the damage caused to third parties by Party B to bear the responsibility for their own, and if the damage caused to Party A as a result of the Party A has the right to require Party B to be indemnified.
Four, sales targets, price policy and settlement
1, Party B in the distribution period of total sales of RMB 10,000 yuan, every four months for an assessment period.
2, Party A to Party B's supply price, the proposed sales price, the minimum selling price detailed in the table.
3, price policy.
(1)
The right to set the price of the product, the right to publish in Party A. Party B is responsible for the confidentiality of the price. Party B is responsible for the confidentiality of the price. Party B's offer in the media shall not be lower than the minimum selling price required by Party A. The market selling price shall not be lower than the minimum price of the selling price required by Party A. Party B will be sanctioned by Party A if it violates the confidentiality clause or the price regulations. If this causes losses to Party A, Party A will recover the losses according to law.
(2) Party A supplies the goods at a uniform base price.
(3) Party A requires the lower level distributors to implement a uniform price standard supply.
(4)
In the event that Party A commissioned by the agent products, prices, etc. need to be adjusted, Party A in writing in a timely manner to notify Party B, the notice once sent will become an integral part of this contract. From the date of release of the new price, Party A will send the new offer to Party B within three working days.
(5)
Without Party A's announcement of the new product, Party B shall not conduct any promotional activities for the new product without Party A's permission. This includes marketing campaigns, product demonstrations, etc.
4, Party A will give Party B a certain period of price protection policy when adjusting the product price.
5, settlement: full prepayment.
Five, order, payment, delivery and inspection
1, Party B need to fill in Party A's order form (schedule) item by item according to the requirements of the official seal, and fax to Party A. The fax order form and the original have the same rights as the original. Fax order form and the original enjoy the same legal effect. Party A shall confirm within one working day.
2. Payment shall be made by transfer, telegraphic transfer, etc., subject to the payment to Party A's account.
3. Party A will deliver the goods 10 to 20 days after receiving Party B's formal order.
4, Party B shall notify Party A ten working days in advance of the planned shipment of orders in order to allow Party A to make timely arrangements for shipment.
5, the goods are sent from Party A's train station to Party B's train station (such as Party B's location without a train station, the nearest train station to Party B that can be reached by Party A shall prevail) of the freight charges, insurance responsibility borne by Party A.
6, Party B is required to receive the goods within 3 working days after acceptance and back to the list, if the goods are damaged or model error must be notified in writing to Party A, otherwise it is deemed to be a qualified acceptance.
Sixth, market support and after-sales service
1, Party A free to give or provide a certain number of samples and promotional materials and other ways to support the supply of spare parts Party A should be timely, Party B put forward a written application for accessories from the date of Party A should be 15 to 30 days to send the accessories to the address specified by the Party.
2, Party A to assist Party B on the market for comprehensive publicity support, according to market conditions in stages.
3, Party A in the case does not affect the secondary sales for Party B to carry out product exchange, the relevant costs incurred, such as transportation costs, etc. by Party B is responsible for.
4, Party A shall be fully responsible for its company to provide a series of products after-sales service, Party A provided to Party B products within two years of free warranty, lifetime maintenance.
VII, incentives and penalties
1, Party B has violated the price policy, cross-regional sales and breach of contract, Party A at any time to stop the supply, cancel its distribution qualifications. Party B completed the sales task agreed by both sides, and no violations, renew the contract for the next year.
2, if party B to complete the agreement in the RMB 10,000 yuan sales task, party A reward % to party B (to the product payment discount offset).
VIII. Liability for breach of contract
1, Party B and Party A are independent contracting parties, during the period of cooperation, must strictly abide by the terms of this Agreement, in addition to this Agreement has been expressed, each party has independent rights and obligations, no party shall not impose its debts on the other party or affect the rights that have been given to the other party, if caused by the behavior of either party A and B If any litigation or claim by a third party arises from the behavior of either party, that party shall be responsible for it.
2. If either party violates the terms of this agreement and causes losses to the other party, the violating party shall bear all the losses caused to the other party.
Nine, exemption
Due to force majeure or accidental events affecting the normal supply of Party A, not regarded as a breach of contract, Party B agreed. "Force majeure" refers to unforeseeable, insurmountable and unavoidable objective events, such as war, natural disasters, government bans.
Ten, the legal effect
1, Party A's authorization of Party B's distribution period expires, the contract is automatically terminated. The contract can be renewed in the absence of violation.
2, the contract by the two sides signed and sealed to enter into force.
3, the two sides of the unfinished business, you can sign the contract annexes, annexes and the original have the same legal effect.
4, this contract in duplicate, each side of one, with the same legal effect.
Party A (seal): Party B (seal):
Authorized representative: Authorized representative:
Contact number: Contact number:
Fax: Fax:
Signing time: year month day