This Non-Exclusive Sales Agreement is designed for use in the Indian market where businesses seek to establish formal sales relationships while maintaining the flexibility to work with multiple partners. It is particularly useful when a seller wishes to distribute products or services through multiple channels without granting exclusivity to any single party. The agreement incorporates essential elements required under Indian law, including provisions from the Indian Contract Act, 1872, and the Sale of Goods Act, 1930. It covers crucial aspects such as ordering procedures, delivery terms, pricing mechanisms, payment terms, warranties, and dispute resolution, while ensuring compliance with Indian commercial regulations. This document is commonly used in various industries where companies need to establish clear terms for non-exclusive sales arrangements while maintaining legal protection and operational clarity.
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1. Parties: Identification and details of the seller and buyer entities
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Terms of non-exclusive appointment and territorial scope
5. Term and Termination: Duration of agreement and termination conditions
6. Orders and Delivery: Process for placing orders and delivery requirements
7. Prices and Payment: Pricing structure, payment terms, and invoicing procedures
8. Obligations of the Seller: Seller's responsibilities including product quality, support
9. Obligations of the Buyer: Buyer's responsibilities including minimum purchase requirements
10. Intellectual Property: Rights and restrictions regarding use of trademarks and IP
11. Confidentiality: Protection of confidential information
12. Warranties and Indemnities: Product warranties and mutual indemnification provisions
13. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution
14. General Provisions: Standard boilerplate clauses including notices, amendments
1. Training and Support: Include when seller provides product training or technical support
2. Marketing and Promotion: Include when specific marketing obligations exist
3. Quality Control: Include for products requiring specific quality standards or certifications
4. Insurance: Include when specific insurance requirements are needed
5. Export Control: Include for international sales or restricted products
6. Data Protection: Include when personal data processing is involved
7. Force Majeure: Include when specific force majeure provisions are required
8. Non-Solicitation: Include to prevent poaching of employees/customers
1. Schedule 1 - Product Specifications: Detailed specifications of products covered under the agreement
2. Schedule 2 - Price List: Comprehensive pricing details including any volume discounts
3. Schedule 3 - Territory: Detailed description of geographical territory covered
4. Schedule 4 - Minimum Purchase Requirements: Specific targets or minimum purchase obligations
5. Schedule 5 - Service Level Agreement: Details of support services and response times
6. Schedule 6 - Authorized Trademarks: List of trademarks and usage guidelines
7. Appendix A - Order Form Template: Standard format for placing orders
8. Appendix B - Technical Requirements: Technical specifications and compliance requirements
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Technology
Consumer Goods
Industrial Products
Automotive
Electronics
Healthcare
Pharmaceuticals
Food and Beverage
Construction
Telecommunications
Software
Energy
Chemical
Relevant Teams
Legal
Sales
Commercial
Business Development
Procurement
Operations
Supply Chain
Finance
Compliance
Contract Administration
Relevant Roles
Sales Director
Commercial Manager
Business Development Manager
Legal Counsel
Contract Manager
Procurement Manager
Operations Director
Chief Commercial Officer
Sales Operations Manager
General Manager
Managing Director
Supply Chain Manager
Account Manager
Regional Sales Manager
Chief Legal Officer
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