This Agreement is entered into this Month: __________ Day: _____, 200__, by and between AAA Imports, Inc., 2560 W. Orange Blossom Trail, Apopka, FL 32712 (The “Company”) and, ___________________ (The”Representative”).
Let it be known to all parties involved herein with this contract and bound by this agreement, that all terms and conditions contained within and pertaining to this contract, shall be governed by the laws of the State of Florida and the County of Orange.
Whereas, Company is engaged in the business of manufacturing/distributing and wishes to have its products offered for sale in various regions of the United States and Canada, and
Whereas, Representative is a sales agency engaged in the business of representing manufactures/distributors as sales agent to the Horticulture and Floral industry(s).
Whereas, Company desires to engage Representative and Representative desires to accept engagement by Company as Company’s Sales Representative under the terms and conditions of this agreement.
Therefore, for good consideration the parties agree as follows:
PRODUCTS: The Representative shall act as the company’s sales representative for the sales of all products of the Company to the Horticulture and Floral industries as agreed upon by the Company.
|02|| TERRITORY: The Agreement provides for the Representative to act as AAA Imports’ representative with regards to accounts assigned to the representative by AAA Imports and
accounts established solely by the representative, with the pre-authorization of AAA Imports. (Please see “Attachment A” for assignments)
|03||ORDERS: Orders for the products received by the Representative shall be forwarded to the Company immediately. Any order received by the Company directly from the territory should be verified with the Representative before acceptance. Each order is subject to acceptance by the Company and the Company may reject any order, in whole or in part.|
|04||COMMISSIONS: The Company agrees to pay the Representative, as compensation for its services, a commission of an agreed upon percent (please see Attachment B for commission pay scale addendum) on the net amount which is defined as the invoice amount actually paid to the Company by the customer, less any and all credits, returns and freight. Commissions for special orders or especially large orders will be handled separately on a case to case basis. Commissions will be paid to the Representatives on the 25th of each month on those counts that have been collected upon and paid in full by the customer. NOTE: All Accounts 90 Days Past Due will not receive a commission payment.|
|05||THE REPRESENTATIVE’S DUTIES:|
|(a)||Representative shall promote aggressively the sale of the Company’s products, to serve customers in a manner consistent with Company sales procedures and make regular calls on these customers at acceptable intervals of time.|
|(b)||Will serve as an independent contractor and be responsible for paying all applicable social security, withholding and other employment taxes including, but not limited to, worker’s comp. The Representative shall bear all expenses incurred in its sales endeavors except those which the Company agrees to pay in advance.|
|(c)||Will make no representations, warrantees or commitments binding the Company without the Company’s prior consent, other than standard terms of sale.|
|(d)||Shall assist the Company in obtaining credit and financial information regarding customers, but will not be responsible for customers’ credit and/or collections.|
|(e)||Shall fulfill the Company’s sales goal as defined prior to the start of employment for the first year and as adjusted for each successive year, based on the previous years figures.|
|(f)||Will not disclose, either during or after the term of this agreement, any proprietary information disclosed to the Representative.|
|(g)||Will not at any time during association with the Company, act as marketing or sales representative for any other organization that could be considered a competitor of the Company.|
|(h)||Will maintain the sample kit provided by the Company and return any and all pieces in good condition, at the Company’s request, or upon termination of this agreement.|
|06||THE COMPANY’S DUTIES:|
|(a)||Shall furnish the Representative with current price lists, terms, and quantity discounts and customer credit requirements.|
|(b)||Shall provide the Representative with on hand inventory information as well as timing and availability information concerning incoming products.|
|(c)||Shall supply the Representative with a sample kit consisting of the pieces deemed most appealing and representative of the product line, at no charge. And offer all other sample pieces, for addition or replacement, at a cost of 50% off of the list price.|
|07||TERMINATION: This Agreement shall be in effect for a period of one (1) year, and shall be renewed each following year, thereafter. If either party wishes to terminate this agreement for any reason or at any time, thirty (30) days written notice must be provided. Any unpaid commissions will be agreed upon at the time of termination of this agreement and paid in full when accounts are collected upon as described in section 4: Commissions.|
|08||Return of Documents and Properties: Upon termination of this agreement, Representative will return to the Company all samples, documents, catalogs, manuals and selling material within thirty days of termination.|