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Title: |
Exclusive Distributorship Agreement |
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Entities: |
Bartech E.M.E.A Sarl; Batim Bar-Tech Agencies (Pty) Ltd; Hotel Outsource Management International Inc. |
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Date: |
2003 |
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Size: |
Preview shows 3KB of 63KB total |
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Price: |
$37 |
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ID: |
#169738 |
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EXCLUSIVE
DISTRIBUTORSHIP AGREEMENT
This Exclusive Distributorship Agreement (the "Agreement") is entered into and
made effective this thursday, 28th december 2000 by and between BARTECH E.M.E.A
SARL, 4, Rue du Port aux Vins, 92 150 Suresnes, France. ("BARTECH"), and
BATIM BAR-TECH AGENCIES (PTY) LTD - 18, BOLTON ROAD PARKWOOD - 2193
JOHANNESBURG - SOUTH AFRICA.
1. DEFINITIONS. Unless the context clearly requires otherwise, the following
terms shall be defined as follows:
(a) "Annual target" shall mean the amount specified on Exhibit A. "Monthly
target " shall mean the annual target for the then current target year
divided by twelve except as otherwise specified in Exhibit A. In
calculating whether Distributor has met its annual target or its
monthly target, BARTECH shall compute the net invoice cost of all
Covered Products delivered by it to the Distributor during the target
year or target month less any taxes, interest, freight or insurance
charges.
(b) "Authorized location(s)" shall mean Distributor's place(s) of business
located at 18, BOLTON ROAD PARKWOOD - 2193 JOHANNESBURG - SOUTH
AFRICA.
(c) "Covered Products" shall mean the Hardware Products listed on Exhibit
B and the Software Products listed on Exhibit C.
(d) "Engineering Change" shall mean any mechanical or electrical change to
a Hardware Product which affects its form, fit, function, safety,
reliability, performance or maintainability.
(e) "Hardware Product(s)" shall mean the products listed on Exhibit B
which BARTECH may amend at any time, as provided in subparagraph 3(a),
by adding or deleting any Hardware Product.
(f) "Target Year" shall mean a year commencing on January 1 and ending on
the succeeding December 31.
(g) "Software Product(s)" shall mean the products listed on Exhibit C
which BARTECH may amend at any time, as provided in subparagraph 3(a),
by adding or deleting any Software Product.
(h) "Software Registration Agreement" shall mean Exhibit D the form of
which BARTECH may unilaterally amend at any time.
(i) "Territory" shall mean the geographic area consisting of
South Africa
2. APPOINTMENT. BARTECH appoints the Distributor as an exclusive distributor
of BARTECH Covered Products in the Territory and for this purpose grants to
the Distributor the exclusive right to sell, license and generally to
import, market, distribute, install and service the Covered Products as an
exclusive distributor within the Territory. The Distributor accepts such
appointment as an exclusive distributor on the terms and conditions of this
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