Sales Representatives
Non-Exclusive Sales Representative Agreement
This Non-Exclusive Sales Representative Agreement, made this ______day of_______________20______
by and between Seb'shah Garments and Footwear Pty (Ltd) (Company) and______________________
________________________ the Representative.
In consideration of the mutual promises contained herein, the Company and the Representative hereby acknowledge and agree as follows:
1. Appointment of Representative
1.1 Subject to Representatives compliance with the terms and conditions of this Agreement, the Company
hereby appoints the Representative, the Representative accepts such appointment as an Independent Representative for the limited purpose of soliciting Wholesale orders for and promoting the sale of the products of the Company.
1.2 The Company and the Representative acknowledge and agree that the Representative's appointment under
this Agreement is that the of an Independent Contractor and at no time or times shall the Representative
be deemed an employee or agent of the company.
1.3 The Representative hereby agrees that he/she will not represent to any other party that the Representative
has any authority to bind the Company or to assume or to create any obligations or make any warrenties on behalf of the Company and shall not at any time or times, enter into any Agreements on behalf of the Company regarding the products.
1.4 The Representative acknowledges and agrees that the Company shall reserve its right to solicit orders
directly from and sell directly to any customer and all Distributors within the territory and appoint other Sales Representatives on a Non-Exclusive basis to sell the products in the territory.
1.5 The Representative hereby agrees that the Company shall pay no compensation to the Representative for
orders solicited by the Company or by other Sales Representative.
1.6 The Representative agrees that he/she shall not advertise the Company products outside of the territory
or solicit any orders from outside the territory without prior written consent of the Company.
2. Obligations of Representative
2.1 The Representative hereby covenants with the Company that he/she shall conduct all business in respect
to the products of the Company in such a manner that reflect favourably at all times on the Company
and the products and the good name, goodwill and reputation of the Company.
2.2 The Representative will not at any time or times make any false or misleading statements or
representations in respect to the Company or the products and shall not at any time provide any
representation, warranties or guarantees to the Company's customers in respect to the products.
2.3 The Representative hereby agrees that he/she will provide to the Company a list of all sales by the
Representative including names of customers, product purchases, and where possible a forecast of
orders to be placed in the next three(3) months, and such information as the company may reasonably
request from the Representative.
2.4 The Representative acknowledges and agrees that he/she will not at any time or times throughout the
duration of this Agreement sell or distribute any products which are in direct competition with the
Company's product, without prior written consent from the Company.
2.5 The Representative agrees that he/she will sell all products as per the Company Price List, and if
found to have placed a mark up on the products, it will result in immediate termination of the contract.
3. Remuneration
Is on a commission only basis, which is based on sales volumes produced. The minimum order to be
placed per customer is 20 items per order.
4. Disclaimers
We make no express or implied warranties or representations with respect to the Sales
Representative Agreement or any product sold.
5. Confidentiality
We may disclose to you certain information as a result of your participation as a Sales
Representative, which information we consider to be confidential. Confidential information shall
also include any information that we designate as confidential during the term of this Agreement.
6. Representations and Warranties
You hereby represent and warrant to us that this Agreement has been duly and validly executed
and delivered by you and constitutes your legal, valid and binding obligation, (a) enforceable
against you in accordance with its terms, (b) that execution, delivery and performance by
you of this agreement are within your legal capacity and power,(c) have been duly authorized
by all requisite action on your part, (d) require the approval or consent of no other person
(e) neither violate nor constitute a default under the {1} provision of any law, rule, regulation,
order, judgement or decree to which you are subject or which is binding upon you, {2} terms
of any other agreement, document or instruction applicable to you or binding upon you.
7. Term and Termination
The term of this Agreement shall be for one(1) year from the date of both parties signing. It will
be automatically renewed every one(1) year, unless terminated by either party. Either party may
cancel this Agreement at anytime, without cause, after thirty(30) days written notice, and for any
violation of this agreement after three(3) days written notice.
I have read, understood and accept the terms of this Agreement as well as the terms laid out in the document General Terms and Conditions Of Sale-SGF 01
REPRESENTATIVE:______________________________
FULL NAME:____________________________________
ID NO:________________________________________
SIGNATURE:___________________________________
SEB'SHAH GARMENTS AND FOOTWEAR (PTY) LTD
FULL NAME:___________________________________
TITLE:________________________________________
SIGNATURE:___________________________________
WITNESS:_____________________________________
WITNESS:_____________________________________