Obligations of the Distributor. A menu of possibilities. Add and delete ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ .
Obligations of the Distributor. The Distributor agrees that it will ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ :
6.1. use all reasonable efforts to distribute the Products;
6.2. maintain full and accurate records of:
6.2.1 stock in hand;
6.2.2 sales to Customers over last previous six years;
6.2.3 the personal name, corporate name, physical address and email address of every Customer and send the ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■
6.2.4 if different, the location to which each ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ .
6.3. maintain systems and procedure whereby all used Products returned by Customers are not cleaned or refurbished and re-sold ■ ■ ■ ■ ■ ■ ■ ■ - ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ;
6.4. use only advertising and promotional material for the Products which ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ;
6.5. comply with all relevant governmental rules and regulations relating to the sale ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ;
6.6. make no representations or warranties with respect to the Products other than those ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■
6.7. attend, through its employees, training and sales meetings and events as required by the Merchant so as to ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ;
6.8. provide to the Merchant a monthly forecast of sales ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ;
6.9. buy at least the amount of Products specified in the forecast for the first ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ;
6.10. maintain a stock level of at least ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ .
6.11. not supply the Products to any other person in the Territory as ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ;
6.12. not supply the Products to any person in the Territory ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ;
6.13. not appoint any other person as a distributor or agent for the Products in the Territory ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■
Obligations of the Distributor. The parties agree that during the term of this Agreement the Distributor shall:
(4.1) advertise and promote the sale of the Products in the Territory and to make regular and sufficient contact with the present and potential customers of the Distributor;
(4.2) anticipate requirements and order promptly when required for the purpose of facilitating shipments from Company at minimum transportation costs;
(4.3) maintain adequate sales and warehouse facilities and sufficient stock of the Products to ensure prompt service to customers of the Distributor;
(4.4) promptly comply with the terms of sale for any of the Products as herein provided or as provided in any invoice provided by the Company;
(4.5) promptly pay the sale price as herein provided;
(4.6) honor any warranty offered by the Company on the Products;
(4.7) provide an annual marketing plan covering the Distributor’s Territory prior to the beginning of each new calendar year;
(4.8) maintain minimum levels of sales on an annualized basis as agreed;
(4.9) maintain an annual sales growth after year one of at least 15% annually;
(4.10) provide at the company’s request sales data containing end customer names and locations in addition to annual sales levels by customer along with average selling prices of the Product and any other detailed sales information the Company may request; and (4.11) refrain from selling competitive products.
Obligations of the Distributor. 6.1 The Distributor undertakes and agrees with the Company that it shall, at all times and at its own expense during the continuance of this agreement:
6.1.1 use its best endeavours to sell and promote the Sale of the Products and, subject to the Company being able to supply, the same to ensure that it maintains adequate stocks of Products to meet demand and to promptly fulfil orders from its customers within the Territory;
6.1.2 employ such numbers of technically qualified sales personnel, able efficiently to demonstrate and explain the Products, as may be necessary to ensure full promotion of the Products throughout the Territory;
6.1.3 supply the Company with a report every three months informing. the Company of the progress and development of the market for the Products in the Territory and of all regulations affecting the import, distribution and Sale of the Products in the Territory;
6.1.4 send to the Company, on reasonable request, such details of future Sales and stocks and other statistical forecasts as the Company may reasonably require for budgetary purposes and for programming future production;
6.1.5 promptly submit to the Company all complaints relating to the Products together with all available evidence and other information relating to those complaints and forward to the Company, at the Company's expense, for examination, representative samples of the Products in respect of which complaints are made (including, but not limited to, full identification of such Products including Product references and numbers);
6.1.6 in all relevant correspondence and other dealings relating directly or indirectly to the Sale of the Products, clearly indicate that it is acting as principal, and, in no circumstances, expressly or impliedly do any act or thing which may cause third parties to think that it is acting as an agent of the Company;
6.1.7 comply with all applicable laws and regulations during the course of performance of this agreement and in related activities and be responsible for obtaining and maintaining in force all such licences, consents and approvals of any governmental or quasi-governmental or other regulatory authority as may be required in connection with the import, advertising, storage, marketing and Sale of the Products in the Territory and shall indemnify the Company against any and all loss, damage, costs, expenses, claims or other liabilities which may arise, directly or indirectly, out of the Distributor's failure to comply with i...
Obligations of the Distributor. Any term referred hereunder will have the same meaning as attributed under the Scheme Information Document of the respective scheme(s) launched by PPFAS AMC on behalf of PPFAS MF.
Obligations of the Distributor.
6.1 The Distributor is obliged not to purchase, distribute or acquire any Product as listed in Appendix II “Product List” from any third party. The Distributor may only acquire the Product from CASI or a CASI affiliate.
6.2 The Distributor shall not sell or distribute the Product in any other country or regions except for the Territory specified in this Agreement. If the Distributor intends to expand beyond the Territory to other regions, a separate written agreement must be signed between the Distributor and CASI.
6.3 The Distributor possesses all necessary and mandatory permits, licenses and qualifications to distribute and sell the Product within the Territory, in conformance with all provisions and requirements as stipulated in Appendix IV the “Quality Agreement”.
6.4 The Distributor is obliged to maintain and ensure the authenticity, validity and effectiveness of all its permits, licenses and qualifications and to renew such permits, licenses and qualifications in a timely manner in compliance with requirements and statutory procedures stipulated by applicable laws and regulations, including without limitations, business license, certificate of good supply practice（“GSP”）, business permit for the sale and distribution of pharmaceuticals issued by the National Medical Product Administration of China or a municipal medical product administration with jurisdiction.
6.5 The Distributor has a comprehensive and fully functional pharmaceutical products quality management system (“QMS”) and sufficient number of technical employees which meets up with the number of technical employees required by law, including sales personnel who are qualified and licensed to engage in the business of pharmaceuticals sale and distribution.
6.6 The Distributor shall adhere to the marketing plan and sales strategy designated and confirmed by CASI and mutually agreed in writing upon between the parties.
6.7 The Distributor shall specify in each purchase order, the Product name, specifications, unit price, Product quantity, sample quantity, total price and delivery date.
6.8 The Distributor shall prepare, record and document all customer manuals, technical instruction, advertising and marketing materials at its own costs and submit the aforesaid information to CASI in a timely manner for its approval.
Obligations of the Distributor. The Distributor shall nor in any way alter the nature, quality or composition of the Product and shall not make any false or misleading representations in respect of the Product. The Distributor is allowed to store and transport the Product in a manner at its sole discretion.
Obligations of the Distributor. The Distributor shall take all necessary measures to promote the distribution and sale of the Lacoste Watches within the Territory by conforming to such policies as are prescribed and co-ordinated world-wide by the Licensor for the Licensed Trademarks and by using the Know-How provided through the Master Licensee together with its own resources. To this effect, the Distributor shall:
10.2.1 make such investments as are reasonably required to create and/or maintain the organisation necessary for the distribution, marketing and merchandising, promotion and advertising of the Lacoste Watches. This organization shall operate in a manner so as to avoid any risk of confusion to the retail trade or consumers with other brands offered by the Master Licensee or by Distributor. Such organisation shall include at least one (1) full time watch division manager to supervise and manage a dedicated sales manager and sales executive for Lacoste Watches, experienced in managing a watch distribution business and one (1) full time marketing manager working on the advertising and promotion of Lacoste Watches; and
10.2.2 consult with the Master Licensee at least three (3) months before the beginning of the sale of each season’s collection with respect to the Distributor’s marketing and merchandising policy. At Master Licensee’s request, the Distributor shall participate in the coordination meetings organised by the Licensor and/or Master Licensee. This consultation shall be done with the purpose of reaching an agreement on the objectives and the means to achieve the best possible sales results within the Territory as well as the best possible co-ordination with the marketing and merchandising policy of the Lacoste Apparel Products and Other Lacoste Products; and
10.2.3 provide the Master Licensee three (3) months after the start of the sales of each collection of Lacoste Watches a collection report which shall include the comments of the Distributor detailed by Model (SKU) within each such collection. The Distributor shall in particular comment on the market receptivity to the collection. Such report shall also include any requests for future collections.
10.2.4 provide the Master Licensee once a year, at the beginning of the month of October, with its estimated Net Sales figures in the Territory in units and in turnover for the following three (3) calendar years, for each of the lines of Lacoste Watches, by category of products (as defined in Schedule IV attached hereto); and...
Obligations of the Distributor. 12.1. When requested by the Company and no less frequently than once per quarter, the Distributor will provide the Company with a brief written report on the status of sales in the territories.
12.2. The Distributor agrees to respond to all customer inquiries from customers in the Territory within 15 days of receipt of customer inquiry from the Company. Inquiries are defined as any product interest; whether said interest has been expressed by mail, facsimile, e-mail, telephone, etc.
12.3. Upon adequate notification, the Distributor personnel shall be available to travel with the Company’s personnel. The Distributor shall cover the expenses of their personnel, while the Company shall cover the expense of Company personnel.
12.4. The Distributor shall notify the Company and Company shall notify Distributor about Date: ______________________ Date: ________________________ Initials: ___________________ Initials: ____________________ Genesis Bioventures, Inc product exhibitions that would be appropriate for exhibition of the Company’s product offerings .To insure a successful product exhibition, the Company would like notification a minimum of 45 days prior to the event. The Company may choose not to exhibit at specific conferences. However, the Company will support all efforts by the Distributor if Distributor chooses to exhibit at specific conferences.
12.5. The Distributor shall not solicit orders or attempt to have product shipped outside the Territory without the express permission of the Company.
Obligations of the Distributor. 经销商义务
6.1 The Distributor is obliged not to purchase, distribute or acquire any Product as listed in Appendix II “Product List” from any third party. The Distributor may only acquire the Product from CASI or a CASI affiliate. 经销商不得向CASI或其关联方以外的任何第三方采购、经销或获得本协议附件产品清单中的CASI产品。
6.2 The Distributor shall not sell or distribute the Product in any other country or regions except for the Territory specified in this Agreement. If the Distributor intends to expand beyond the Territory to other regions, a separate written agreement must be signed between the Distributor and CASI. 经销区域的扩大。经销商不得在本协议授权经销区域外的任何国家与地区销售或经销 产品。经销商有意向在其他区域销售产品的，应经与CASI协商一致通过书面协议形式另行约定扩大授权经销区域。
6.3 The Distributor possesses all necessary and mandatory permits, licenses and qualifications to distribute and sell the Product within the Territory, in conformance with all provisions and requirements as stipulated in Appendix IV the “Quality Agreement”. 经销商持有在经销区域内经销、销售产品所有要求的所有许可、证照及资质，能够严格遵守附件四《质量协议》的所有规定和要求。
6.4 The Distributor is obliged to maintain and ensure the authenticity, validity and effectiveness of all its permits, licenses and qualifications and to renew such permits, licenses and qualifications in a timely manner in compliance with requirements and statutory procedures stipulated by applicable laws and regulations, including without limitations, business license, certificate of good supply practice（“GSP”）, business permit for the sale and distribution of pharmaceuticals issued by the National Medical Product Administration of China or a municipal medical product administration with jurisdiction. 经销商有义务维持及确保其所有许可、证照和资质均真实有效且具有法律效力，并有义务根据相关法律法规的要求和程序性规定，及时更新所有此类许可、证照和资质，包括但不限于营业执照、药品经营管理规范（“GSP”），和由国家药品监督管理局或有管辖权的直辖市药品监督管理局颁发的，药品销售和经销所必须的《药品经营许可证》。
6.5 The Distributor has a comprehensive and fully functional pharmaceutical products quality management system (“QMS”) and sufficient number of technical employees which meets up with the number of technical employees required by law, including sales personnel who are qualified and licensed to engage in the business of pharmaceuticals sale and distribution. 经销商有法律要求的完备药品质量管理体系及符合人数要求的专业技术人员，包括具备从事药品行业销售工作执业资格的销售人员。
6.6 The Distributor shall adhere to the marketing plan and sales strategy designated and confirmed by CASI and mutually agreed in writing upon between the parties. 经销商应严格遵守由CASI指定，并经CASI与经销商共同书面商定确认的市场销售策略和计划。
6.7 The Distributor shall specify in each purchase order, the Product name, specifications, unit price, Pro...
