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Super Distributor MOU Agreement
Super Distributor MOU Agreement
BETWEEN
M/S.KHUSHI FOODS LTD, a company duly incorporated under the Indian Companies Act,
1956 having office at 808, 8TH Floor, Parshwanath Business Park, Near AUDA Garden,
Ahmedabad-380051, represented by Mr. Rajendra Sharma the Managing Director of the
Company, hereinafter referred to as “COMPANY” of the FIRST PART-which expression shall
unless repugnant to the context or meaning hereof shall mean and include the executives,
legal representatives, successors and assigns of the said KHUSHI FOODS LTD.
AND
M/S SUPER MARKETING, a proprietorship firm having office at, B/24, Satellite Plaza, Nr.
Mansi Complex, Vastrapur, Ahmedabad-380015 represented by its Proprietor, Harsh
Ashokkumar Agrawal, hereinafter referred to as “SUPER DISTRIBUTOR” of the SECOND
PART- which expression shall unless repugnant to the context or meaning hereof shall mean
and include the executives, legal representatives, successors and assigns of the said SUPER
MARKETING.
WHEREAS the SUPER DISTRIBUTOR is a financially sound firm, desirous of mobilizing its
financial resources to help COMPANY efficiently market its branded products among a large
haze of buyers, and in doing so, expects a good returns on its financial investment.
1. The company will allocate a desired geographical area, and or enlist several buyers/
customers whom the SUPER DISTROBUTOR shall be given to SUPER DISTRIBUTOR
cater to
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2. The company will sell and bill its goods to SUPER DISTRIBUTOR. The original copy of
the company’s bill to SUPER DISTRIBUTOR shall be given to SUPER DISTRIBUTOR.
3. The company shall print sale bills of SUPER DISTRIBUTOR to smaller distributors
and/or wholesalers at the factory/admin/registered office itself, and the duplicate
copies of the all such sale bills shall be provided to the SUPER DISTRIBUTOR. The
Original copies of these bills shall be forwarded to end-buyers and/or smaller
distributors by the transporter.
4. The COMPANY will provide SUPER DISTRIBUTOR with a list of bills raised to the
buyers and/or small distributors on a daily basis.
5. The COMPANY will have its collection officer who will organize/arrange payments of
SUPER DISTRIBUTOR’s bills as per the terms and condition of sale which 60days
from the bill date, and have these payments remitted to SUPER DISTRIBUTOR.
6. Any payment towards sale bill of SUPER DISTRIBUTOR i.e. payment from debtors
which is not received by SUPER DISTRIBUTOR the same outstanding amounts will be
reimbursed by the COMPANY.
7. Any amount of Bad Debts/Sales Return/Discount/Rate Difference/Quality Difference
or any other reduction/non receipt of payment will be entirely borne by the
COMPANY immediately which such instances are noticed.
8. For any instance of goods return which is sold by SUPER DISTRIBUTOR the amount
of such sale bill will be immediately reimbursed/remit/returned by the COMPANY.
9. Company will be solely responsible for delivery of goods to end-users and/or smaller
distributors.
10. COMPANY shall be responsible of fulfillment of sales contracts booked, collection of
payments on behalf of SUPER DISTRIBUTOR and SUPER DISTRIBUTOR shall not be
liable whatsoever for these contracts and payments from the debtors of Super
Marketing.
1. SUPER DISTRIBUTOR will make payment to COMPANY against the bills raised to it on
the very next day of company’s bill date by RTGS.
2. SUPER DISTRIBUTOR shall raise sales invoice to smaller distributors and/or
wholesalers allocated to it. These bills will be printed by company itself at the
factory/admin/registered office and forward to buyers along with the transporter.
3. SUPER DISTRIBUTOR shall maintain a list of outstanding receivables of buyers and/
or wholesalers and provide the same the same to COMPANY on a weekly basis.
4. SUPER DISTRIBUTORS shall report any short payments other than cash discount to
the COMPANY.
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monthly basis. The Net Investment statement shall be presented by the SUPER
DISTRIBUTOR for each month. Net Investment is defined by difference between
payments made by SUPER DISTRIBUTOR to COMPANY and payments received from
end customers/debtors of SUPER DISTRIBUTOR on a daily basis.
3. The COMPANY shall issue relevant Credit note to SUPER DISTRIBUTOR for
commission/remuneration/rewards, prescribed in clause 2 above, every month.
4. COMPANY bears full responsibility for any short payments (other than cash discount)
and/or defaults/sales returns by end buyers and/or wholesalers/debtors of SUPER
DISTRIBUTOR. SUPER DISTRIBUTORS shall intimate COMPANY of any such short
payments and/or defaults/sales returns. COMPANY shall try to collect such short
payments and if not collected, COMPANY will compensate to SUPER DISTRIBUTOR
for these short payments/defaults/sales returns.
5. Any disputes related to COMPANY’s products including quality or rates, or any other
problems related to sales contract’s terms and conditions is the sole responsibility of
the COMPNY. The SUPER DISTRIBUTOR shall not be liable for any of these disputes,
either monetarily or commercially.
6. This agreement is valid for a period of ONE year from the date of execution of this
agreement or until the amount is continued to be invested by SUPER
DISTRIBUTORS. Both the parties may renew the agreement thereafter with mutual
consent.
7. If any party wishes to terminate this agreement before its valid terms, it shall be
done by settling accounts of both parties in accordance with this agreement.
Place:-Ahmedabad
DATE:-___.07.2017
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