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Manufacturing Representative Agreement
"I need a Manufacturing Representative Agreement for my tech hardware company to appoint an exclusive representative in the Philippines who will promote our products in Metro Manila only, with a minimum sales target of $500,000 per quarter and a graduated commission structure starting from March 2025."
1. Parties: Identification of the manufacturer and the representative, including full legal names, addresses, and registration details
2. Background: Context of the agreement, including manufacturer's business, need for representation, and representative's qualifications
3. Definitions: Key terms used throughout the agreement, including Products, Territory, Customers, Commission, etc.
4. Appointment and Scope: Terms of representative's appointment, whether exclusive or non-exclusive, and scope of authority
5. Territory: Defined geographical area where the representative is authorized to operate
6. Duties and Responsibilities: Detailed obligations of the representative including sales targets, reporting, and customer service
7. Commission Structure: Detailed compensation terms, including commission rates, calculation methods, and payment terms
8. Term and Termination: Duration of the agreement and conditions for termination by either party
9. Intellectual Property Rights: Protection and usage rights of manufacturer's trademarks, logos, and other IP
10. Confidentiality: Obligations regarding confidential information and trade secrets
11. Non-Competition: Restrictions on representing competing products during and after the agreement
12. Reporting Requirements: Regular reporting obligations, including sales reports and market intelligence
13. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
14. General Provisions: Standard clauses including force majeure, entire agreement, and amendments
1. Customer Support: Detailed requirements for post-sale support, applicable when representative handles customer service
2. Training Requirements: Specific training obligations, needed when products require technical expertise
3. Marketing Obligations: Marketing and promotion requirements, relevant when representative handles marketing
4. Minimum Performance Requirements: Specific sales targets and consequences of not meeting them, used for performance-based agreements
5. Insurance Requirements: Specific insurance coverage requirements, important when handling high-value products
6. Warranty Handling: Procedures for warranty claims, needed when representative handles warranty issues
7. Sub-Representatives: Terms for appointing sub-representatives, if allowed
8. Product Returns: Procedures for handling product returns, relevant when representative manages logistics
1. Schedule A - Products: Complete list of products covered by the agreement, including specifications and prices
2. Schedule B - Territory Map: Detailed map and description of the authorized territory
3. Schedule C - Commission Rates: Detailed commission structure, including any variations by product or customer type
4. Schedule D - Sales Targets: Specific sales targets and performance metrics
5. Schedule E - Reporting Templates: Standard forms and templates for required reports
6. Schedule F - Trademark Usage Guidelines: Guidelines for using manufacturer's trademarks and branding
7. Appendix 1 - Contact Information: Key contacts for both parties, including escalation procedures
8. Appendix 2 - Code of Conduct: Representative's expected business conduct and ethics standards
Authors
Manufacturing
Industrial Equipment
Consumer Goods
Electronics
Automotive
Medical Devices
Machinery
Chemical Products
Textiles
Construction Materials
Agricultural Equipment
Technology Hardware
Telecommunications Equipment
Food Processing Equipment
Legal
Sales
Business Development
Commercial Operations
Compliance
International Business
Contract Administration
Channel Management
Operations
Corporate Affairs
Sales Director
Business Development Manager
Commercial Director
Legal Counsel
Contracts Manager
Sales Operations Manager
Channel Manager
Regional Sales Manager
Chief Commercial Officer
Manufacturing Representative
Sales Agent
Business Development Director
Operations Director
Compliance Officer
International Sales Manager
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