加拿大外贸
说明：1.客户及我们的公司名称、地址、产品已简化；2.请大家帮忙分析分析有哪些陷阱或不利条款，如何更正？谢谢
合约内容如下：
MEMORANDUM OF UNDERSTANDING
This, Memorandum of Understanding(MOU)is signed on 23rd of November 2007 between., M CO.,LTD (herein after called principle) and T LTD (herein after called T.) Principal is a company incorporated in China.
The company is a manufacturer of full range of XXX.
T is a company incorporated in India. It is a supplier of a wide range of
XXX products.
In order to address the Indian market, Principal hereby appoint T as their exclusive
distributor/ agent in India for the sale of their products .
a. T is authorized to sell/distribute Principal products to any customer whether government or private organizations in India. .
b. Principal shall provide necessary specifications, pamplets, brochures, quality certificates, approvals and such other documents/details which shall be necessary in the course of the business.
c. T is hereby permitted to take necessary steps as required for publicity/ advertisement for Principal’s products in India.
d. T is permitted to obtain certification/ approval from Telecom operators or any such acceptance/certification required by Indian customers on behalf of Principal. Also, Principal will send their engineer to India to help during the testing of their products at customer end.
e. Principal will provide samples free of cost to TSH for customer approval.
f. Pricing and other commercial terms and conditions related to the procurement of Principal’s products shall be governed by mutually agreed terms and conditions, discussed separately.
g. T shall make all efforts to provide necessary market information and other details related to marketing of the products in India to Principal and Principal on their part shall provide/share information available with them regarding the Indian market.
h. For the products supplied by Principal to T, Principal will ensure that no patent rights, intellectual property rights, etc. is violated. Further, T shall not be responsible for any libel or suit filed by any Court of Law by third party for such infringement or violation.
i. The MOU can be terminated by either party, giving notice in writing of 90 days . However, both the parties, in good faith, shall carry out the liabilities on their part committed/undertaken till the date of termination.
j. This MOU is valid from the date of signing until end of 12 months.
k. MOU will converted into formal agreement which will be valid for 3 years from the date of sign after 12 months. Principal can judge TSH work during MOU period based on the activity / progress done by T which does not mean formal order only.
l. For all enquiries receive by Principal for Indian market any where in the world should be routed through T. It means all the requirement meant for Indian market shall be forward to T if any receive from outside India.
m. In Next 6 months Principal will send their senior level people for commercial and technical to India on regular basis. T also send their engineer to principal place to get the products training.
n. Supplier will provide 5% of the total PO qty, unit free of cost to T for support warranty at stand by for accessories.
o. Supplier will give training to T technical personal in India or in China free of cost for repair, servicing , maintenance of the product.
p. When T technical person visit for training to supplier’s place , from India to China air fair will bear by T and food & accommodation will bear by supplier.
This MOU is signed between the parties without any prejudice and in good mutual faith and trust.
For T LTD. For M CO.,LTD
Authorised Signatory Authorised Signatory
Name : Name
Job Title Job Title :
Mob No. : Mob No :
评论
我先说下我的观点吧：
1.客户想要做我们在印度的唯一代理，可我们之前在孟买已经有客户了，这个就有些麻烦；
2.第F条，涉及到付款条件的，该条可能日后扯皮的地方会多；
3.第N条，要求5％的配送，抢钱一样。
哪位给个好的建议，针对这些不利条款如可回复，以及是否还有其它的不利条款存在。
评论
不是吧，最起码这也是份代理的合约，你们也可以备份。帮顶的都没啊
评论
:L :L :L :L 看的好吃力啊
评论
自己顶下吧，等高人赐教
评论
过去几年了 LZ 当年是怎么处理的印度的独家代理这事的啊
评论
真是大神啊
加拿大电商昨天我把提单复件发给了客户，今天收到了他回信，如下： Dear Nicholas, please send all shipping documents. We will check B/L copy and we will reply ASAP. Thank you Best Regards ......................................... 加拿大电商刚从事这行半年，对电子行业不了解，自己整理了些，算是学习，供大家分享，也请大家补充。我毕竟是个文科生，对这方面知识严重欠缺。 DVD:英文全名是Digital Video Disk, 即数字视频光
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