before-scop
This contract made entered into
his date () hereinafter referred as (effective
date)
By both parties:
Party A
:
MIANYANG XIANFENG MEDICAL INSTRUMENT COMPANY
Located at : D#6F,
Building2 .No.677 Tangfang Avenue, Tangxun Town,
Mianyang Sichuan , China
PHONE/FAX
: 0086- / 0086-
Hereinafter referred to as
(manufacturer)
Party B:
SONOTECH
Address: 938-C,
Maulana Shaukat Ali Road, Opp Shall Petrol Pump,
Faisal Town, Lahore- Pakistan
Tel:
0092-
42 516 7472
Hereinafter referred to as (
Sole agent
)
Recital
Whereas
(manufacturer) is professional manufacturer of
medical devise and (agent) is medical devise
provider for customers in the Egyptian
market both parties agree upon the
Following articles:
Article (1) Appointment
(Manufacturer) would like to appoint
(agent) as exclusive agent for all type
of
Diagnostics
Ultrasound
machine
which manufactured
and assembled by experience of (manufacturer) in
Egypt giving the rights
to import
,sell, market and maintain .
hereinafter to as ( manufacturer) and
(agent) accept and so (manufacturer) will support
the (agent) with
all
documents,
certificate
and
embassy
notarization
,
if
needed
to
enable
the
(
agent)
to
achieve
all
approvals from the Egyptian authority
to maintain (products) in the Egyptian market .
Article (2 ) term
This
contract
start
from
the
effective
date
and
continue
for
3
years
(
three
years
)
and
automatically
renewed annually unless any notice
written from any partner .
Exclusive
agency contract
Models of ( products ) will be exported
to Egypt by this contract:
All Products for diagnostics ultrasound
machines
Article (5) products standard
and quality
a-(manufacturer) declare and confirm
that all machines sent to the ( agent) will be
manufactured
according to European
Union standards (CE standard ).
b-(manufacturer) declares and confirms
that it will send all goods carry all data and
logo of (manufacturer)
as manufacturer
and data of (agent) as importer and statement (
Made in China) according to the
Egyptian law.
Article (4) commission, currency and
payment
a-currency of
dealing and commission is US Dollars.
B-(agent) will pay to bank account of
(manufacturer) mentioned in Performa invoice.
c-(agent) will achieve
commission 1%
for the annual
sales target.
Article (5)
shipment and delivery time.
a-(manufacturer) will send the goods
within (15) days from receiving the payment sent
by (agent).
b-(agent) shall
assign the destination, method, and the forwarder
of the shipment to the (manufacturer),
or entrust (manufacturer) with looking
for the forwarder by written from or fax.
Article (6) sales target
a-(agent) must purchase
annual sales target which is confirmed between 2
partners per year.
b-if
(agent) failed to achieve the annual sales target,
(manufacturer) will have the right to break the
exclusivity right of (agent) and
terminate the contract.
Article (7) Warranty, and after sale
service
A-Warranty is 2
years; include spare parts and everything in the
machines.
Article (3) products and
models
b-(manufacturer)
declares and confirms that it will support the
(agent) with technical support and original
spare parts and free training to
technicians and engineering of the (agent).
c-(agent) declares and
confirms that it will introduce excellent
maintenance and after sale service for the
customers in Egypt and make excellent
image for (products) of (manufacturer) in Egypt.
d-During warranty,
(manufacturer)declares and confirms that it will
ship the replacement original spare
parts free to replace broken and faulty
parts within (3) working days after sending email,
faxes, or letter
notifying that the
issue or problem is confirmed by checking &
analyzing and receiving the returned parts
if necessary.
e-after
warranty
(manufacturer
)
will
send the
spare part
within 3
working
days after
(agent) pays
the
invoice of repairing and replacement.
F-(manufacturer ) declare
and confirm that it will support the (agent) with
technical and original spare
parts 5
years from the effective date even termination of
the contract occurs due to any cause.
Article (8) prices
a-both parties agree upon with the
prices which is discussed between them
.
Article (9)
Competition
a-(manufacturer)
declares
and
confirm
that
the
exclusivity
rights
of
(agent)
will
cover
all
products
and
(agent) accept.
(manufacturer)
declare
and
confirm
that
it
will
never
send
(products,
accessory
and
spare
parts
mentioned
in
article
(4)
to
any
other
company
,
office,
doctors,
hospitals
or
any
organization
in
Egypt
protecting the
exclusivity rights of (agent) and protecting the
Egyptian market from invasion of (products)
and
accessory
and
spare
parts
with
the
same
brands,
or
other
brands
or
with
no
brands
and
(manufacturer)
will
not
support
export
offices
inside
China
or
outside
China
with
documents
or
notarization
of documents by
Egyptian
embassy
and
CCPIT
which help them to export to Egypt.
b-(agent) declares and confirms that it
will never sell (products) compete with
manufacturer (products)
exported to
Egypt.
c-(manufacturer)
declares and confirms that it will forward any
inquiry from Egypt sent by mail or faxes to
the (agent) when the contract comes
into effect.
Article (10)
force majeure
Should either
party be unable to perform any obligation required
of it under this contract because of any
cause
beyond
its
control
and
has
direct
effect
upon
this
party
including
war,
acts
of
terrorism,
insurrection,
riot,
civil
commotion,
strike,
fire,
earthquake,
calamity, windstorm,
flood,
freight handles,
transportation
vendors,
generalized
standoff,
generalized
protests
or
like
activities
or
any
other
force
majeure
causing
direct
destructive
effect
upon
any
party,
then
such
party's
performance
of
any
such