Distributor Agreement Essay

7121 words - 28 pages

CarlsbergMalawi LimitedPo BOX 406Blantyre,Malawi==========================================================DISTRIBUTORSHIP AGREEMENTTHIS AGREEMENT is made on the ………………………..day of …………………Two thousand and ………………….. BETWEEN CARLSBERG MALAWI LIMITED of P O Box 406, Blantyre, Malawi and ……………………………………..of …………………………….. ("The Distributor").1. Carlsberg manufactures and/or sells the products referred to in the Schedule (the "Products").2. The Distributor desires to sell the Products and no other products or items whatsoever and to be designated as a non-exclusive distributor of the Products.TERMS AND CONDITIONSNOW THEREFORE the parties hereto agree as follows:1. Definitions1.1 Unless the context clearly indicates otherwise;1.1. "Carlsberg" shall mean CarlsbergMalawi Brewery Limited1.2 "Products" shall have the same meaning as in paragraph 1 of the recitals herein.1.3 Words importing the singular shall be construed as importing the plural and vice versa.1.4 Words importing the neuter gender shall be construed as importing the masculine or feminine gender and vice versa.1.5 Territory shall mean the geographical area allocated by Carlsberg to the Distributor for sale of the Products the boundaries of which shall solely be determined by Carlsberg. The area as determined by the Company shall be conclusive and final on the Distributor.2. Non-exclusive DistributorshipIn consideration of the execution and delivery of this agreement and upon the terms and conditions set forth herein (to the extent permitted by applicable law) Carlsberg hereby appoints the Distributor as Carlsberg's non-exclusive distributor for the sale and promotion of the Products and the Distributor agrees not to sell any other products or items whatsoever save for the Products.The Company reserves the absolute right at all times to sell the Products in the Area and/or to grant other third parties (including but not limited to other distributors, retailers and the like) the right to sell the Products to the Sales Outlets in the Area. The Company shall have the unrestricted right at any time to reduce, enlarge or otherwise change the Area without prior consultation with the Distributor. However, without prejudice to the foregoing, such right may be exercised in the event of any one or more of the following circumstances;2.2.1 If;the Distributor fails, neglects or refuses to comply with any of the Company's procedures and/or policies concerning the Business and/or the Business Plan that are in force from time to time; and/orthe Distributor is unable to settle in full payment of the Products supplied and delivered to it as and when payment for such Products fall...

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