This Distributor Agreement (“Agreement”), made and effective this ____________ (date) of 2009, by and between (“Company”), located at and (“Distributor”), located at
Company desires to appoint Distributor, and Distributor desires to accept appointment, as a Distributor of Company’s products to specific customers as set forth herein.
NOW, THEREFORE, in consideration of the mutual agreements and promises set forth herein, the parties agree as follows:
1. RIGHTS GRANTED.
Company hereby grants to Distributor the right, on the terms and conditions contained herein, to purchase, inventory, promote and resell “Company’s Products” (as defined below) to certain customers on a national basis within the continental United States and Companies in other geographic locations to be added as Addendums to this Agreement from time to time as Company sees fit. All customers must be approved in writing via email to the Distributor by Company prior to the presentation of Company’s products to the prospective customer by Distributor.
As used in this Agreement, the term “Company’s Products” shall mean the products, related service parts and accessories sold by Company as follows: All products in Exquisite Electronics Products catalog as outlined in the EEP Distributor Price List (attached).
3. TERMS OF SALE.
All sales of Company’s Products to Distributor shall be made pursuant to this Agreement at such prices and on such terms as Company shall establish from time to time on at least sixty (60) days notice. All prices are FOB Company’s distribution centers or suppliers’ distribution centers. Company agrees to properly pack all items for shipment. Risk of loss due to damage or destruction of Company’s Products shall be borne by Distributor after delivery to the carrier for shipment. The shipper will.