Sales Comm Agreement MDA Engineering 01.06.2020
Sales Comm Agreement MDA Engineering 01.06.2020
This commission Sales Agreement (“Agreement”) is made and effective this 1st June,
2020.
Whereas the Principal wishes to liason & market the Project as described below:
Purpose of Agreement:
WHEREAS Agent has strong presence and potential of LIASON and promoting
project work on behalf of the Principal in return for commission depending upon the
work (s) and on order to order basis .
It is agreed as follows:-
1. SELLING RIGHTS
a) The Principal grants the Agent an non-exclusive right to liaison for the project
work (s) on the behalf of the principal within Nigeria for a period of one year
commencing from 01st June, 2020.
b) The agent may not do liaison for the project work(s) outside Nigeria.
c) The agent shall use his best efforts for liaison for the project work for the
duration of the contract. At the request from time to time of the principal, the
agent shall furnish the principal with a reasonably detailed report on his efforts
on the liaison work(s) for the project in the period specified by the Principal.
d) The Agent shall clearly identify himself as a duly authorized person of the
Principal in the course of his efforts for liaison for the project work(s) on
behalf of the Principal and may not liaise for the project work(s) in his own
name.
2. ORDER PRICES
The Principal shall fix the selling price(S) for liaison of the project work and the
Agent may only liaise for the project work(s) at the price(s) fixed by the Principal.
1. ORDERS
a) The Agent shall obtain written orders for the liaison for the project work(s)
from the Principal.
b) The Principal shall use its best efforts to fill liaison work(s) duly remitted by
the Agent in accordance with the agreement as expeditiously as possible.
3. COMMISSION
a) The Principal shall pay the Agent a commission depending upon the work
involved at the agreed value, after deducting any taxes if applicable as per
Nigeria Laws on each order of services. Maximum Total Naira Ten Million
only. This agreement is specific to liaison for the site services rendered by Ms.
MDA Engineering Construction Nigeria Limited in Nigeria for specific
project i.e. onshore invoicing of SKIPPER NIGERIA LIMITED for
Liaisoning for the Lot 9, Adamawa, Nigeria.
b) The Agent is not entitled to any compensation for services performed or
expenses incurred in connection with this agreement other than as set out in
this agreement & on case to case basis as agreed in written or verbally.
For the duration of work(s), the Principal shall furnish the Agent, at the Principal’s
cost, with reasonable quantities of advertising and user information materials.
5. RESTRAINT OF COMPETITION
The Agent shall not sell, or in any way assist anyone else with respect to the similar
project for liaison work(s) that compete with the Project of the Principal within
Nigeria for the duration of the work(s) and for the calendar year immediately
following termination of the Work(s).
6. CONFIDENTIALITY
The Agent shall keep the Principal’s business secrets, including but not limited to
customer, supplier, logistical, financial, research and development information,
confidential and shall not disclose them to any third party during and after termination
of the work(s).
If the Agent breaks any term of this agreement, or does not produce good results for
sale as decided by principal management the Principal may summarily terminate the
contract without notice to Agent.
8. TERMINATION CONSEQUENCES
On termination of the Liaisoning Rights for any reason, the Agent shall
immediately cease to describe himself as an authorized agent of the Principal and
cease to work.
9. ASSIGNMENT
The Agent can assign the benefit of this agreement through written letter to Principal.
The principal may withhold assignment without good reason.
The Agent accepts and acknowledges that the terms of agreement are in addition to
and do not detract from the ordinary fiduciary duties owed by the Agent to the
Principal.
11. DISPUTE
All disputes will be settled through arbitrator appointed with mutual consent.
The agreement can be extended further with mutual consent of both the parties and
the first renewal will be done after 1 year i.e. On 31st May 2021.
The parties each hereby execute this Agreement as on 01th June, 2020.
PRINCIPAL AGENT
________________________ _______________________
Authorized Signature Authorized Signature