Non-Exclusive Sales Representative Agreement Page 3
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136. SALE PRICE OF PRODUCTS.
The Company shall determine all prices and terms of sale for the Products. The Company
will notify the Representative of any price changes for the Products.
7. COMPENSATION.
(a) Commissions. The Representative shall be entitled to receive a
commission on sales of the Products in the Territory to customers, which
sales were made substantially through the efforts of the Representative
during the Term (or any extension of the Term). Commissions shall be
payable as follows:
i. _____% of the Net Amount (as defined below) charged by the
Company for orders of the Products placed through the
Representative (other than to Existing Customers and their
affiliates); and
ii. _____% of total Net Amount charged by the Company for orders
of products other than Products listed in Exhibit A placed through
the Representative.
“Net Amount” is the sales price of the sold product as listed on the
invoice, less charges for handling, freight, sales, use, value added, or
similar taxes, import or export taxes or levies taxes, C.O.D. charges,
insurance, customs duties, trade discounts, and/or any other governmental
or administrative fees or charges.
(b) Timing of Payment. Commissions will be forwarded to the Representative
within ________ (___) days of the Company’s receipt of payment from
the customer, and shall be based on the amounts received. For example, if
payments from a customer to the Company will be made in installments,
payments to the Representative by the Company will also be made in
installments.
(c) Offsets and Charge-Backs. In calculating the commission that is due to the
Representative, the Company may offset any credits, cancellations,
refunds, allowances, and returns to or by customers of revenues on which
Representative has already been paid commissions under this Agreement;
provided, however, that in no event shall the offset for any customer
exceed the sales price of that customer’s returned, cancelled, or otherwise
credited products.
Non-Exclusive Sales Representative Agreement
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