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Non Exclusive Sales Agreement
"I need a Non-Exclusive Sales Agreement for appointing a sales representative in Lagos, Nigeria to sell our agricultural machinery products, with a minimum sales target of $500,000 per quarter and a 10% commission structure, starting March 1, 2025."
1. Parties: Identification of the Principal/Supplier and the Sales Agent/Representative, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, brief description of the business relationship and parties' capabilities
3. Definitions: Definitions of key terms used throughout the agreement, including Products, Territory, Commission, Net Sales, etc.
4. Appointment and Scope: Clear statement of non-exclusive appointment, definition of territory, and scope of sales authority
5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party
6. Rights and Obligations of the Sales Representative: Detailed responsibilities including sales targets, reporting requirements, and conduct standards
7. Rights and Obligations of the Principal: Principal's commitments regarding product supply, support, training, and information provision
8. Pricing and Payment Terms: Product pricing structure, commission rates, payment terms, and currency specifications
9. Intellectual Property Rights: Protection and usage rights of trademarks, logos, and other IP during the sales process
10. Confidentiality: Protection of confidential information exchanged during the business relationship
11. Competition and Non-Solicitation: Provisions regarding competition and customer solicitation during and after the agreement
12. Governing Law and Dispute Resolution: Specification of Nigerian law as governing law and dispute resolution mechanisms
13. General Provisions: Standard clauses including force majeure, entire agreement, amendments, and notices
1. Product Training and Support: Include when technical products require specific training or ongoing support
2. Marketing and Promotion: Include when the sales representative has specific marketing responsibilities or restrictions
3. Insurance Requirements: Include when specific insurance coverage is required for high-value or high-risk products
4. Import/Export Compliance: Include for international sales requiring compliance with import/export regulations
5. Data Protection: Include when personal data processing is involved in the sales process
6. Quality Control: Include for products requiring specific storage, handling, or quality maintenance procedures
7. After-Sales Service: Include when the agreement covers post-sale support or warranty services
8. Environmental Compliance: Include for products subject to environmental regulations or requiring special disposal
1. Schedule 1: Products and Services: Detailed list of products/services covered by the agreement, including specifications and prices
2. Schedule 2: Territory Definition: Detailed description of geographical territory or market segments covered
3. Schedule 3: Commission Structure: Detailed commission rates, calculation methods, and payment terms
4. Schedule 4: Sales Targets: Specific sales targets and performance metrics
5. Schedule 5: Reporting Templates: Standard formats for sales reports and performance tracking
6. Schedule 6: Standard Operating Procedures: Detailed procedures for order processing, customer service, and support
7. Appendix A: Approved Marketing Materials: Pre-approved marketing materials and guidelines for their use
8. Appendix B: Compliance Requirements: Specific regulatory or compliance requirements applicable to the products/services
Authors
Manufacturing
Consumer Goods
Technology
Pharmaceuticals
Automotive
Industrial Equipment
Agriculture
Fast-Moving Consumer Goods (FMCG)
Electronics
Construction Materials
Textiles
Food and Beverage
Chemical Products
Medical Equipment
Legal
Sales
Commercial
Business Development
Compliance
Operations
Finance
Distribution
Contract Administration
International Trade
Sales Director
Commercial Director
Business Development Manager
Regional Sales Manager
Legal Counsel
Contracts Manager
Chief Commercial Officer
Sales Operations Manager
Territory Manager
Channel Manager
Distribution Manager
Chief Executive Officer
Managing Director
Compliance Officer
Sales Representative
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