A recommended document if you are manufacturing, distributing, supplying any products or services. The document contains terms of trade, application form and comprehensive provisions for trading activities.
Sample
A # is at present owner in Australia of the Rights.
B #wishes to appoint # to # in the Territory.
C # wishes to # Product in the Territory.
3. # MUST:
3.1 promote and procure sales of the Product throughout the Territory and in particular achieve the minimum performance by appropriate means including:
3.1.1 to obey # orders and instructions;
3.1.2 to conduct its business in an orderly and businesslike manner;
3.2 comply in the conduct of its business with all laws and by-laws of a governmental nature.
3.3 notify # of any suspected infringement of the Rights;
3.4 compensate # for any use by # of the Rights otherwise than in accordance with this Agreement;
3.5 indemnify # for any liability incurred to third parties for any use of the Rights otherwise than in accordance with this Agreement;
3.6 on the expiry or termination of this Agreement to cease to use the Trade Mark;
3.7 keep accurate and separate records and accounts in respect of the supply of the Product or conduct of the business of # and:
3.7.1 in accordance with good accountancy custom in the Territory;
3.7.2 submit copies certified by such auditors to # within 90 days of the accounting reference date or end of the financial year of # ;
3.7.3 keep them for not less than three 3 years;
3.8 permit # or its representatives at all reasonable times to inspect and take copies of all things material to the business and for this purpose to enter any premises used in connection with the business of # ;"
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Manufacture/distribution/supply agr with terms of trade-COMM 40
