ELEX PRODUCTS LIMITED
PRODUCTS DISTRIBUTOR, STOKIST & WAREHOUSING AGREEMENT
Subject to the terms and conditions of this products distributor, stocking and warehousing agreement, Elex Products Limited - a detergents manufacturing company hereby appoints and grants the distributor the right to resell and distribute its products to sub distributors, stockist, micro distributors and direct consumers.
“Company” means Elex Products Limited
“Distributor” – Authorized reseller to sub distributors, stockiest, micro distributors and direct consumers.
“Products” – Elex Products Limited manufactured products
The distributor shall not be deemed to be an employee, legal representative, dealer, general agent, joint ventures or partner of Company for any purpose.
A Distributor acknowledges that company has not granted him/her any authority to make changes to Company’s terms and conditions of sale, grant any warranties in excess of those extended by the company or limit its liabilities or remedies less than company limits its liabilities and remedies, sign quotations, incur obligations (expressed or implied), or in general enter into contracts on behalf of company or bind company in any transaction with customers, governmental agencies or third parties.
The company agrees to sell, and distributor agrees to purchase, the products in accordance to the terms and conditions set forth.
The Company reserves the rights to decide on the pricing and discounting of the products.
The company agrees to provide sales support and technical training to the Distributor and its personnel as deemed reasonably appropriate by company from time to time.
The company will provide the distributor, without charge, reasonable quantities of promotional literature, brochures and commercial and technical information regarding the Products;
The distributor shall make orders to the company and the company shall ensure that the products are shipped to the distributor at a cost.
The distributor shall not repackage or distort the original state of products distribute to him by the company. Any damages to products shall be resolves amicably by both parties depending on who is liable for the damage after determination on who is liable
Distributor shall not dispute or contest for any reason whatsoever, directly or indirectly, during the term of this Agreement and thereafter, the validity, ownership or enforceability of any of the trademarks of Company, nor directly or indirectly attempt to acquire or damage the value of the goodwill associated with any of the trademarks of the Company, nor counsel, procure or assist any third Party to do any of the foregoing
The distributor shall allow collection of products paid for by micro distributors – Elex Ajira Biashara upon proof of payment of the money to the company.
The company shall reimburse any stock given out and pay distribution commission based on the agreement
Non - Disclosure
The distributor agrees not to disclose any Proprietary Information, technical data, or know-how (including, but not limited to, information relating to products, services, development, inventions, processes, techniques, customers, pricing, internal procedures, business and marketing plans or strategies, finances, employees and business opportunities) disclosed by the company, including, but not limited to, in writing, or other tangible form, orally or visually.
Any dispute arising from a breach of this agreement from any party shall be referred for mediation in the first instance. Incase the parties are unable to resolve the matter at the first instance it shall be referred to arbitration. The dispute will be referred to the chairman of Law Society of Kenya for appointment of arbitrators whose decision will be binding. In case either party is unsatisfied by the arbitrators’ decision, the case shall be presented to the High Court of Kenya for determination.
Validity and Termination
This contract shall be valid for 12 months renewable
Any party shall give one month notice in writing in case they want to terminate this contract with or without reason.
Both parties shall reconcile the accounts and any issue related to the accounts during the notice period
TERMS AND CONDITIONS APPLY
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