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Agreement between Sole Selling Agents and Manufacturer - India

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This is an agreement between sole selling agent and the manufacturer of a product, whereby the manufacturer appoints the exclusive sole selling agent to distribute and sell the product.

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									     AGREEMENT BETWEEN MANUFACTURER AND SOLE
                  SELLING AGENT


THIS AGREEMENT is made on this ……….. day of …………., 20……., at ……………….

BY AND BETWEEN:

 …………………… a company incorporated under the Companies Act 1956 and having its
registered offices at …………………………………… Manufacturer hereinafter called the
“Manufacturer” (which expression shall, unless it be repugnant to the context or meaning
thereof, shall mean and include its representatives) of the ONE PART;

AND

…………….. having offices at …………………………………… hereinafter called the “Sole
Agent” (which expression shall, unless it be repugnant to the context or meaning thereof, shall
mean and include its representatives) Sole AgentOF THE OTHER PART.


WHEREAS the Manufacturer is engaged in the manufacture of ……………..…….. hereinafter
called the “Products”;

AND WHEREAS the Sole Agent has approached the Manufacturer for appointing him as the
sole selling agent for the Products manufactured by the Manufacturer;

AND WHERAS the Manufacturer appoints the Sole Agent as the sole selling agent for the
Products manufactured by the Manufacturer and the Sole Agent is willing to perform the duties
as agreed herein.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND
BETWEEN THE PARTIES HERETO AS FOLLOWS:


1. EXCLUSIVE RIGHT

The Manufacturer hereby appoints and grants the Sole Agent the exclusive and non-assignable
right and authority to sell whether in cash or on credit and procure orders for sale of the product
of the Manufacturer in any manner in the Territory as set forth in Exhibit “A” attached to this
agreement.


2. CONTINGENCY OF APPOINTMENT




Agreement Between Manufacturer & Sole Selling Agent                                           1
This appointment of Sole Agent is being made by the Board of Directors subject to the condition
that the appointment shall cease to be valid if it is not approved by the Board of Directors in the
first general meeting held after the date of this appointment and if central government approval
is not obtained
Note: 1. In a company having paid-up capital of Rs. 50 lakh or more, the appointment of sole
selling agent has to be approved by all the members by a special resolution and the approval of
the Central Government.

2. Approval by the company in the first general meeting held after the date of appointment is
mandatory under section 294 (2) of the Companies Act, 1956


3. TERM

The appointment of Sole Agent shall be effective from ____________ and shall continue for a
period of ___________ years. It may, however, be extended for further periods not exceeding
five years on each occasion.

Note: Under section 294 (
								
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