Dealer
Omada Power Tools Dealer/Distributor Agreement
1. Appointment:
The Company appoints the Dealer/Distributor as a non-exclusive distributor of its products in the specified territory of ..................[Region/Country]. The Dealer/Distributor agrees to actively market, promote, and sell the Products in the assigned territory.
2. Minimum Order Requirements:
- Maintain a Minimum Order Quantity (MOQ) of at least 5 units of a single SKU per order, or
- Ensure a Minimum Order Value (MOV) of at least INR 50,000 per purchase order.
3. Pricing and Payment Terms:
- The Dealer/Distributor will purchase Products at the prices provided in the Company’s latest price list, subject to applicable taxes and shipping charges.
- Payments are to be made in advance or as mutually agreed upon in writing.
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Products cannot be sold without a valid GST (Goods and Services Tax) number, and the Dealer/Distributor must comply with all GST regulations.
4. Delivery and Risk of Loss:
- The Company will arrange for the shipment of Products to the Dealer/Distributor’s specified address.
- Risk of loss passes to the Dealer/Distributor upon delivery to the shipping carrier.
5. Obligations of the Dealer/Distributor:
- Actively promote and sell the Products in the assigned territory.
- Maintain the Company’s brand reputation by providing excellent customer service.
- Not engage in any activity that competes with the Company’s interests.
6. Warranty and Returns:
- The Company provides a standard warranty of 6 months on batteries and other products as specified.
- The Dealer/Distributor is responsible for handling customer complaints and coordinating with the Company for product replacements or repairs, if applicable.
7. Termination:
This Agreement may be terminated by either party with a 30-day written notice. The Company reserves the right to terminate immediately in case of a breach of terms.
8. Intellectual Property:
The Dealer/Distributor shall not use the Company’s trademarks, logos, or branding without prior written consent, except for marketing the Products.
9. Confidentiality:
Both parties agree to keep confidential all proprietary information shared under this Agreement.
10. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of India. Disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts in Delhi.
11. Miscellaneous:
- This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements.
- Amendments to this Agreement must be made in writing and signed by both parties.