DRAFT AGREEMENT FOR APPOINTMENT OF SUPER
STOCKIST
This agreement is made on ________ day of
_______ between M/s. ___________, a proprietorship firm, having its office at ________,
here in after referred to as the “Principal” of the one part
_______ between M/s. ___________, a proprietorship firm, having its office at ________,
here in after referred to as the “Principal” of the one part
And
M/s. __________, a proprietorship/Partnership
firm having its office at ______ here in after called as The “super
stockiest (ss)/distributor (Dist)’’ of the second part.
firm having its office at ______ here in after called as The “super
stockiest (ss)/distributor (Dist)’’ of the second part.
Whereas Principal is interested in appointing
a Super Stockist/Distributor for the agreed area of _____ and also the Super Stockist/Distributor
is interested in being appointed as the Principal’s super stockist. The SS/Dist
approached the Principal to act as the SS to which the Principal has agreed to do
on terms and conditions as given here under:
a Super Stockist/Distributor for the agreed area of _____ and also the Super Stockist/Distributor
is interested in being appointed as the Principal’s super stockist. The SS/Dist
approached the Principal to act as the SS to which the Principal has agreed to do
on terms and conditions as given here under:
1) The SS/Dist shall
act as the Principal’s SS for the area defined and agreed for
receiving, warehousing safe storage and dispatching of the Principal’s products
in the demanded area to stockiest and retailers.
act as the Principal’s SS for the area defined and agreed for
receiving, warehousing safe storage and dispatching of the Principal’s products
in the demanded area to stockiest and retailers.
2) The SS/Dist shall
appoint stockiest in the region in consultation with the Principal authorized
person after due verification of the financial, economic and character reports.
appoint stockiest in the region in consultation with the Principal authorized
person after due verification of the financial, economic and character reports.
3) The SS/Dist shall
be responsible to load and unload the companies said good’s and clear the
consignment by railway or road transport to boo the goods by railway or roads
transport to the dealers.
be responsible to load and unload the companies said good’s and clear the
consignment by railway or road transport to boo the goods by railway or roads
transport to the dealers.
4) Dispatches of good
shall be made by SS/Dist from time to time as per requirement of stockiest
against written order or as confirmed by the Principal authorized person.
shall be made by SS/Dist from time to time as per requirement of stockiest
against written order or as confirmed by the Principal authorized person.
5) The Super Stockist/Distributor Shall
also clear transport and store at their warehouse any unserviceable goods or
goods in damage condition which may be received from the stockiest/retailers.
The Principal shall issue a disposal instruction in writing, in respect
thereof. The SS/DIST is required to maintain proper showing the receipt of such
goods along with their disposals per the Principal’s instruction.
also clear transport and store at their warehouse any unserviceable goods or
goods in damage condition which may be received from the stockiest/retailers.
The Principal shall issue a disposal instruction in writing, in respect
thereof. The SS/DIST is required to maintain proper showing the receipt of such
goods along with their disposals per the Principal’s instruction.
6) The goods will be
dispatched based on “F.O.R Destination’’.
dispatched based on “F.O.R Destination’’.
7) SS/Dist will be
billed at a price which includes all reimbursements towards commission/margin, applicable
taxes etc. No extra reimbursement will be made towards the same. In case of the
difference of dueamount on account of applicable taxes will be adjusted by the Principal
against security deposit amount received from the SS/Dist.
billed at a price which includes all reimbursements towards commission/margin, applicable
taxes etc. No extra reimbursement will be made towards the same. In case of the
difference of dueamount on account of applicable taxes will be adjusted by the Principal
against security deposit amount received from the SS/Dist.
8) In compensation
for the SS/Dist, discharging the functions described above for the Principal, the
Principal will pay to the SS/Dist, a commission /margin calculated ___% (____%
margin+____% freight+____% incentive) of invoice value for the purchases made
from the Principal (before applicable taxes). Out of this payment the SS/Dist
will bear all the expenses made by them. No other payment towards the freight
will be made. The SS/Dist will bill all the invoices to the distributors/
stockists as freight paid. The commission will be included in the bill which
includes commission/margin and redistribution charges.
for the SS/Dist, discharging the functions described above for the Principal, the
Principal will pay to the SS/Dist, a commission /margin calculated ___% (____%
margin+____% freight+____% incentive) of invoice value for the purchases made
from the Principal (before applicable taxes). Out of this payment the SS/Dist
will bear all the expenses made by them. No other payment towards the freight
will be made. The SS/Dist will bill all the invoices to the distributors/
stockists as freight paid. The commission will be included in the bill which
includes commission/margin and redistribution charges.
9) The SS/Dist
undertakes and agrees that it will give payments to the Principal ____with maximum credit period of ______days
from billing date through RTGS/NEFT in the bank account of the Principal
subject to the maximum credit limit of Rs.______. However, if the payments are
not received within _______ days, the SS/Dist will be charged interest of ___%
PA and the same shall be recovered from the due commission/margin due/payable
to the SS/Dist.
undertakes and agrees that it will give payments to the Principal ____with maximum credit period of ______days
from billing date through RTGS/NEFT in the bank account of the Principal
subject to the maximum credit limit of Rs.______. However, if the payments are
not received within _______ days, the SS/Dist will be charged interest of ___%
PA and the same shall be recovered from the due commission/margin due/payable
to the SS/Dist.
10) The Super Stockist/Distributor will
ensure a minimum sale of Rs. _____ per month to remain eligible as Super Stockist.
ensure a minimum sale of Rs. _____ per month to remain eligible as Super Stockist.
11) The SS/Dist shall
deposit a security of Rs _________, with the Principal. The amount of security
deposit will be refunded only when this agreement is discontinued. The security
deposit will carry the interest rate of __ % P.A payable annually, less TDS if
any. The Principal will have the right to adjust from the security deposit, any
loss caused to the Principal due to any negligence of the SS/Dist.
deposit a security of Rs _________, with the Principal. The amount of security
deposit will be refunded only when this agreement is discontinued. The security
deposit will carry the interest rate of __ % P.A payable annually, less TDS if
any. The Principal will have the right to adjust from the security deposit, any
loss caused to the Principal due to any negligence of the SS/Dist.
12) That in case of
termination the cheque of security deposit amount will be returned after
clearance of all accounts. No goods in stock will be taken back at the time of
settlement. All the Claims will be settled within 30 days of termination of
contract.
termination the cheque of security deposit amount will be returned after
clearance of all accounts. No goods in stock will be taken back at the time of
settlement. All the Claims will be settled within 30 days of termination of
contract.
13) The SS/Dist shall
not admit any claim or make any commitment on behalf of the Principal unless
the claims have been investigated and as per the Principal’s prevailing price
list and on terms and conditions intimated to the Super Stockist/Distributor by the Principal from
time to time.
not admit any claim or make any commitment on behalf of the Principal unless
the claims have been investigated and as per the Principal’s prevailing price
list and on terms and conditions intimated to the Super Stockist/Distributor by the Principal from
time to time.
14) The SS/Dist shall
be wholly responsible for the collection of the sale proceeds and remittance
thereof to the principal as per the terms of the trade. Any default or non
compliance of terms of the Agreement shall be taken as the breach of the
Contract and the principal shall be free to discontinuance the business with
the defaulting Super stockist and further appoint another Agent without any
information.
be wholly responsible for the collection of the sale proceeds and remittance
thereof to the principal as per the terms of the trade. Any default or non
compliance of terms of the Agreement shall be taken as the breach of the
Contract and the principal shall be free to discontinuance the business with
the defaulting Super stockist and further appoint another Agent without any
information.
15) The Super Stockist/Distributor shall
maintain all necessary permission, sanction and approvals of all statutory
requirements at their own cost and expenses. The SS/dist is responsible to
lodge complaints/FIR directly to the police and other authorities regarding
damaged/shortage claims to the insurance companies or any such similar claims.
Wherever the SS/Dist need the Principal’s help in obtaining the licenses, the Principal
shall do so at its discretion.
maintain all necessary permission, sanction and approvals of all statutory
requirements at their own cost and expenses. The SS/dist is responsible to
lodge complaints/FIR directly to the police and other authorities regarding
damaged/shortage claims to the insurance companies or any such similar claims.
Wherever the SS/Dist need the Principal’s help in obtaining the licenses, the Principal
shall do so at its discretion.
16) The agreement
shall be effective and the SS/Dist shall commence his activity only after
obtaining all the necessary registrations, permissions and license and
submitting the copies of the same to the Principal
shall be effective and the SS/Dist shall commence his activity only after
obtaining all the necessary registrations, permissions and license and
submitting the copies of the same to the Principal
17) The SS/Dist shall
maintain the necessary records required under the state/central sales tax act
and rules in triplicate the original copy which should be sent to the sales tax
office at the duplicate copy to the Principal.
maintain the necessary records required under the state/central sales tax act
and rules in triplicate the original copy which should be sent to the sales tax
office at the duplicate copy to the Principal.
18) The SS/Dist shall
permit the Principal’s authorised representative and the auditors so appointed
to inspect the said products,storage facility, records, contracts and other
related documents relating to the receipt and dispatches of the said goods and
shall also be responsible to answer and satisfy all such queries as may be
raised by the Principal’s auditors.
permit the Principal’s authorised representative and the auditors so appointed
to inspect the said products,storage facility, records, contracts and other
related documents relating to the receipt and dispatches of the said goods and
shall also be responsible to answer and satisfy all such queries as may be
raised by the Principal’s auditors.
19) The SS/dist shall
maintain proper records of the goods at the warehouse and the inventory should
be posted and kept up to date in the registers and ledgers as per drug and
cosmetic act 1940 and drug and cosmetics rule 1945. Principal has full right
that anytime can physically verify the inventory and records through is
representatives.
maintain proper records of the goods at the warehouse and the inventory should
be posted and kept up to date in the registers and ledgers as per drug and
cosmetic act 1940 and drug and cosmetics rule 1945. Principal has full right
that anytime can physically verify the inventory and records through is
representatives.
20) The Super Stockist/Distributor shall
maintain proper records for the amount received on account of collection and
deposit the payment.
maintain proper records for the amount received on account of collection and
deposit the payment.
21) The SS/Dist shall
not destroy the stock lists, books of accounts, vouchers, statement, returns
and other documents or records related with the receipt of the goods,
dispatches of the goods, inventorylist, amounts collected and expenses incurred
and other business related document without written authorized pre-approval of Principal.
not destroy the stock lists, books of accounts, vouchers, statement, returns
and other documents or records related with the receipt of the goods,
dispatches of the goods, inventorylist, amounts collected and expenses incurred
and other business related document without written authorized pre-approval of Principal.
22) The SS/Dist shall
take care thereof to avoid theft, pilferage, damage and exposure to water, moisture,
heat or such. The SS/Dist would be responsible for all such theft, the property
of Principal and the SS/Dist shall have no rights or lien on the Principal’s
gods in respect of bill charges of any nature that may remain outstanding for
payment or settlement, the SS/Dist shall be responsible for any shortages,loses
or damages to the goods for any reasons whatsoever.
take care thereof to avoid theft, pilferage, damage and exposure to water, moisture,
heat or such. The SS/Dist would be responsible for all such theft, the property
of Principal and the SS/Dist shall have no rights or lien on the Principal’s
gods in respect of bill charges of any nature that may remain outstanding for
payment or settlement, the SS/Dist shall be responsible for any shortages,loses
or damages to the goods for any reasons whatsoever.
23) The SS/dist shall
always work for theinterest and benefit of the Principal as a prudent man would
do to expand business and network of the Principal.
always work for theinterest and benefit of the Principal as a prudent man would
do to expand business and network of the Principal.
24) The SS/Dist
expenses if any, related with business promotion/sales promotion will be
reimbursed on a monthly basis but its SS/Dist responsibility to attach
pre-approved authorization of all expenses.
expenses if any, related with business promotion/sales promotion will be
reimbursed on a monthly basis but its SS/Dist responsibility to attach
pre-approved authorization of all expenses.
25) Commissions/Sales
incentive, if any, paid to the Super Stockist/Distributor will be paid after deducting the TDS/applicable
taxes if any as per the tax law.
incentive, if any, paid to the Super Stockist/Distributor will be paid after deducting the TDS/applicable
taxes if any as per the tax law.
26) The SS/Dist shall
not enter any contract or agreement with the competitor(s) of the Principal
without the prior written approval from the Principal.
not enter any contract or agreement with the competitor(s) of the Principal
without the prior written approval from the Principal.
27) The SS/Dist shall
not assign or otherwise transfer rights, duties or obligation under this
agreement to any other party.
not assign or otherwise transfer rights, duties or obligation under this
agreement to any other party.
28) The SS/Dist shall
not change the constitution of their firm without prior approval of the Principal.
not change the constitution of their firm without prior approval of the Principal.
29) This agreement is
not an exclusive agreement and the Principal is free to enter similar agreement
with other parties also on such terms and condition as may be deemed fit by the
Principal.
not an exclusive agreement and the Principal is free to enter similar agreement
with other parties also on such terms and condition as may be deemed fit by the
Principal.
30) The Principal
shall have right to terminate this agreement without assigning any reasons
whatsoever by simply giving a 30-day notice to this effect in writing.
shall have right to terminate this agreement without assigning any reasons
whatsoever by simply giving a 30-day notice to this effect in writing.
31) It’s being in the
practice to accept return trade back stocks from retailers for reason of
damage, spoilage, expiry and non-sailable stocks, the SS/dist will handle such
returns and also reimburse the replacement under the following terms and
conditions:
practice to accept return trade back stocks from retailers for reason of
damage, spoilage, expiry and non-sailable stocks, the SS/dist will handle such
returns and also reimburse the replacement under the following terms and
conditions:
· The
SS/dist must ensure that the stock being returned for replacement is not more 1%
of total pick up for Financial Year.
SS/dist must ensure that the stock being returned for replacement is not more 1%
of total pick up for Financial Year.
· Approval
in writing is must, be taken from the head office of the Principal before the
stock is returned. The goods returned to the Principal will not be accepted for
replacement unless and until the same is checked and investigated.
in writing is must, be taken from the head office of the Principal before the
stock is returned. The goods returned to the Principal will not be accepted for
replacement unless and until the same is checked and investigated.
· The
SS/dist is required to send full details of stock (i.e. batch no., date of
manufacturing and relevant invoice no under which it was supplied) to the Principal
before returning the stock.
SS/dist is required to send full details of stock (i.e. batch no., date of
manufacturing and relevant invoice no under which it was supplied) to the Principal
before returning the stock.
· The
SS/Dist will take delivery of products from the transported after checking and
verifying the quantity. In event of damage,shortage,spoilage etc. will procure goods
shortage/damaged certificate from the transporter. In case of failure to comply
with this condition, the liability of any financial loss will be entirely of
the Super Stockist/Distributor.
SS/Dist will take delivery of products from the transported after checking and
verifying the quantity. In event of damage,shortage,spoilage etc. will procure goods
shortage/damaged certificate from the transporter. In case of failure to comply
with this condition, the liability of any financial loss will be entirely of
the Super Stockist/Distributor.
· Transportation
Charges pertaining to stock returns shall be borne by the SS/Dist.
Charges pertaining to stock returns shall be borne by the SS/Dist.
· Company
has the sole discretion for acceptability of stock return.
has the sole discretion for acceptability of stock return.
32) In case of any
disputes, the ______ courts will have the jurisdiction.
disputes, the ______ courts will have the jurisdiction.
In witness, whereof the parties hereto
have affixed their respective hands on this agreement in presence of the witness.
have affixed their respective hands on this agreement in presence of the witness.
Signature: Signature:
The Party of the First
Part The Party of the Second Part
Part The Party of the Second Part
WITNESS: WITNESS:
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