d. Sub-agents. The distributor may designate sub-agents, negotiators, sub-representatives or others who act on behalf of the distributor or otherwise fulfill the distributor`s obligations under this agreement within the territory; provided that (i) any compensation for these sub-agents, sub-agents, sub-representatives or other persons, to act on behalf of the distributor or to discharge any other of the distributor`s obligations, is exclusively the responsibility of the distributor, and (ii) that appointment does not deprive the entity of the essential rights to which it is entitled under this Agreement. An agreement with this sub-agent, negotiator, deputy representative or any other person does not exceed the duration of this agreement. E. The performance of this distribution agreement by the company and the company`s performance of its obligations and obligations under this agreement does not contravene an agreement to which the entity is a party or to which it is bound by other agreements and, in an exclusivity agreement, the supplier designates the distributor to market its products within a specified area defined by the agreement. g. Full agreement. This agreement contains the entire agreement between the parties with respect to the proposed transactions and replaces all previous written and oral agreements as well as all concurrent oral agreements relating to these transactions.
In an exclusive distribution agreement, the supplier instructs the distributor to market its products within an area defined in the agreement. As a general rule, the supplier will also impose certain conditions on the distributor while retaining the intellectual property rights. The company manufactures and markets the products listed in Section 1 .c (the “products”). The distributor wishes to acquire the products from the company for resale in the areas or geographical areas covered in Section 1.b (the “territory”). The company wishes to appoint the distributor as the exclusive distributor of the products in the territory and the distributor wishes such an appointment under the terms of this agreement, including all parts or schedules attached to it. a. Exclusive appointment. Subject to the terms of this dealer agreement, the company designates and grants the distributor the exclusive right to sell and distribute the products to customers in the territory (the “customers”) and to provide non-distributor services to the company, as stated here in this section.
The distributor limits its product activities to customers within the territory and, without the company`s explicit written consent, forgoes selling or transferring the products directly or indirectly to a person outside the territory. The company is not authorized to sell or deliver products on the territory, directly or indirectly, except through the distributor, and the company cannot address the distributor`s customers without the company`s prior written permission. This exclusive distribution agreement is made and concluded…………… between and between……………… with its head office in…………………… (the “distributor”) and ElQuator Sdn Bhd, headquartered at No. 15, Jalan P4/8B, Palm Industrial Park, Bandar Teknologi Kajang 43500 Semenyih, Selangor, Malaysia (the supplier) (hereafter referred to as “part” and “parts”). WHEREAS, Supplier is active in the development, manufacture and sale worldwide of 5kWh vertical windmills and up to 200kWh, Sustainable Energy Plant (SEP), Urban Systems and Systems for communication towers. WHEREAS, distributor is in the renewable energy trade and wants to distribute supplier products in (the country) …………….