This Non-Exclusive Distributorship Agreement (“Agreement”) is made and effective this__ (Date), by and between (“Distributor”) ____________ (Name and Address) and (“Manufacturer”) ________________________ (Name and Address). Manufacturer desires to appoint Distributor, and Distributor desires to accept appointment, as a non-exclusive distributor of Manufacturer’s products within a defined area as set forth herein.Therefore, in consideration of the mutual agreements and promises set forth herein, it is agreed:
- Rights Granted. Manufacturer hereby grants to Distributor the non-exclusive right, on the terms and conditions set forth herein, to purchase, inventory, promote and resell “Manufacturer’s Products” (as defined below) within the following area (the “Territory”): Nothing herein shall prevent or prohibit Manufacturer from selling any of Manufacturer’s Products to other distributors or directly to customers other than the ones as listed as follows:
__________________________________________________________. - Products. The term “Manufacturer’s Products,” in this Agreement, shall mean the products, related service parts and accessories manufactured and/or sold by Manufacturer as follows:
_______________________________________________________. - Termsof Sale. All sales of Manufacturer’s Products to Distributor shall be made pursuant to this Agreement at such prices and on such terms, as Manufacturer shall establish from time to time with at least thirty (30) days written notice. All prices are FOB Manufacturer’s plant or warehouse location, unless otherwise stated in this Agreement. Risk of loss due to damage or destruction of Manufacturer’s Products shall be the responsibility of the Distributor after delivery to the carrier for shipment. Manufacturer will select the shipper unless Distributor requests a reasonable alternative. All orders are subject to acceptance by Manufacturer. Except as otherwise expressly agreed by Manufacturer in advance, this Agreement shall control all aspects of the dealings between the parties with respect to the Manufacturer’s Products and any additional or different terms in any Distributor order are hereby rejected unless the parties specifically agree to them in advance of shipment and mutually sign another agreement to that effect.
- Payment. Distributor shall pay all charges due hereunder within thirty (30) days after the date of Manufacturer’s invoice. Payment shall be made as shown on the invoice. Manufacturer may impose a late payment charge of one percent (I.5%) per month on any overdue unpaid balances….
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